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14042014 Council MINTown of Tillson burg Minutes of Council Meeting Date: Monday Apri114, 2014 4:30PM Council Chambers Chair: Johlil Lessif MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private ATIENDANCE Mayor John Lessif Deputy Mayor Mark Renaud Councillor Marty Klein Councillor Chris Rosehart Councillor Dave Beres Councillor Brian Stephenson Councillor Mel Getty Staff: David Calder, CAO Donna Wilson, Town Clerk Darrell Eddington, Director of Finance Rick Cox, Director of Parks Recreation Steve Lund, Director of Operations Jeff Bunn, Deputy Clerk ADOPTION OF AGENDA Resolution No. 1: Moved by: Councillor Rosehart Seconded by: Councillor Getty THAT the Agenda as prepared for the Council Meeting of April14, 2014, be adopted. "Carried" DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared MOMENT OF REFLECTION 041414 Page 1 MINUTES: Meeting for the Committee "Open Council" MINUTES & BUSINESS ARISING OUT OF THE MINUTES Minutes of the Meeting of March 24, 2014 ldJ Resolution No. 2: Moved by: Councillor Rosehart Seconded by: Councillor Getty THAT the Minutes of the Council Meeting of March 24, 2014 be approved. "Carried" INTRODUCTIONS 1. Deputy Clerk-Jeff Bunn PRESENTATIONS/DELEGATIONS 2. Delegation -Development Charges Study -Council Update bfl Presented By: Stefan Krzeczunowicz -HEMSON Consulting Ltd. Mr. Stefan Krzeczunowicz noted that the background study would be available to Council on, or earlier than, May 9, 2014. Resolution No. 3:. Moved by: Councillor Getty Seconded by: Councillor Rosehart THAT the Development Charges Study-Council update-presentation be received as information. "Carried" 3. Tillsonburg OPP 2013 Year End Review ~ Presented By: Larry Scanlan, Chair, Police Services Board Inspector Clark and Larry Scanlan, Chair of the Police Services Board appeared before council and presented an update with regards to OPP activity in Tillsonburg. Inspector Clark noted that the number of tickets outside of Tillson burg residents will be provided in future reports. Council to make requests to the Police Services Board regarding items they would like reported on. 4. BIA Update ~ Presented By: Virginia Armstrong, Executive Director, BIA Virginia Armstrong, Chair of the BIA 2013 New Years Eve event, appeared before council to speak to the success of the New Years event. Virginia Armstrong requested Town Council consider funding in the amount of $4000.00 for the 2014 New Years Eve event. Council suggested that the BIA continue to seek funds from community groups to help fund the event. Page 2 MINUTES: Meeting for the Committee "Open Council" BIA to provide Council with a formal request from the Board. The Mayor thanked the BIA for championing the event. PUBLIC MEETINGS The Deputy Mayor assumed the role as Chair for the Public Meeting at 6:37 p.m. 5. Application for Zone Change ZN 7-14-02, Grammatikipoulos. 2 Vance Drive ~ Presented By: Eric Gilbert, Development Planner Staff to consider including development charges in the commends of the report for zone change applications. Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented CASPO 2013-294. Opportunity was given for comments and questions. No one appeared in support, or opposition of the application. Council passed the following resolution: Resolution No. 4: Moved by: Councillor Getty Seconded by: Councillor Rosehart THAT the Council APPROVE the zone change application submitted by Paul Grammatikopoulos, whereby the lands described as Part Lot 3, Plan 1033, Town of Tillsonburg, known municipally as 2 Vance Drive are to be rezoned from Service Commercial Zone (SC) to Special Service Commercial Zone (SC-17); AND THAT By-Law 3813, being a by-law to amend By-Law 3295, as amended, be brought forward for council consideration. "Carried" Mayor Lessif reassumed the role as Chair at 6:48 p.m. Mayor Lessif moved Item 28 up on the agenda as many residents from Trottier Phase 1 Subdivision were in attendance. OPERATIONS 28. OPS14-07 Reconstruction of Trottier Phase 1 Subdivision 1J Presented By: Steve Lund, Director of Operations Melinda Evans addressed council with respect to the petition she circulated among the residents of Ridge Boulevard. Staff was directed to provide a report to council detailing the funding opportunities available for this project, including project scope and feasibility. Additional concerns with respect to grading of neighbouring properties on Ridge Boulevard were raised by Jeremy Stockmans. Staff to investigate the grading issue that Mr. Stockmans spoke to. Residents adjacent to Mr. Stockmans' property to contact the Director of Operations with their grading concerns. Page3 MINUTES: Meeting for the Committee "Open Council" Resolution No. 13: Moved by: Councillor Rosehart Seconded by: Councillor Getty THAT Council receives Report OPS 14-07 Reconstruction of Trottier Phase 1 Subdivision; AND THAT Council receives the petition from the residents along Ridge Boulevard as information; AND THAT option "1" be approved, and to move forward with 2A and 2B in 2014 with county funding being approved; and THAT Section 3 and 4 move forward in 2015 with funding mechanisms reported back for Council approval. "Carried" INFORMATION ITEMS 6. Oxford Cycling Advisory Committee -Share the Road media event on April 28 [JI 7. Release of Province's New Accountability Measures [dl 8. Niagara Region Motion regarding Land Term Energy Plan ~ 9. June is Seniors Month in Ontario [}! 10. AMO's INTEREST ARBITRATION UPDATE [;] 11. AMO -Bill 69, The Prompt Payment Act Put Aside ; Government Announces Construction Liens Act Review ~ 12. AMO Correspondence re: Report of the OPP Billing Steering Committee 1:!1 13. Correspondence from Community Safety & Correctional Services March 25, 2014 ~ 14. Small, Rural and Northern Municipal Infrastructure Fund -Capital Program CSRNMIF-CTL) [J) 15. Wanted Producers to supply product to the SCOR Food Hub [J) 16. Briefing with Mayors' Coalition for Affordable, Sustainable and Accountable Policing r;::a 17. Big Brothers Big Sisters of Ingersoll, Tillsonburg & Area Cfl 18. Canada Post Correspondence re: Postal Service Centre Introduction .. ~... ~ Postal Service Centre introduction Tillsonburg Mayor Lessif.pdf 19. Mayor John Lessif Resignation I) Page4 MINUTES: Meeting for the Committee "Open Council" CLERK 20. CL 14-09. Vacant Seat on Council 1J1 Presented By: Donna Wilson, Town Clerk Resolution No. 5: Moved by: Councillor Stephenson Seconded by: Councillor Beres THAT Council receives Report CL 14-09 Vacant Seat on Council as information. "Carried" DEVELOPMENT & COMMUNICATIONS 21. DCS 14-13 A & W Noise -Sound Barrier and MOE Investigation Presented By: Geno Vanhaelewyn, Chief Building Official DCS 14-13_A & W Noise-Sound Barrier and MOE lnvestigation.pdf DCS 13-77 _Noise bylaw issues A & W and Allen Street Citizens.pdf Sound Barrier Quotation Guidelines.pdf MOE Correspondence.pdf Mr. Andrew Brndjar (111 Allen Street) requested Council provide a sound barrier for noise concerns. The lands are private property which Council has no control over. Staff to report back to Council regarding the possibility of partnering with area residents, neighbours, the property owner, A & W owner and A & W corporate regarding a sound barrier wall. Resolution No. 6: Moved by: Stephenson Seconded by: Councillor Beres THAT council receives Report DCS 14-13 A & W Noise-Sound Barrier and MOE Investigation, as information. "Carried" 22. DCS 14-17 Report-Clean Yard By-Law CJ Presented By: Geno Vanhaelewyn, Chief Building Official Council suggest there should be an appeals committee, such as found in the Property Standards By-law. Resolution No. 7: Moved by: Councillor Beres Seconded by: Councillor Klein THAT Council receive Report DCS 14-17 Clean Yard By-Law for information; and Page 5 MINUTES: Meeting for the Committee "Open Council" AND THAT Clean Yard By-Law 3810 to regulate and prescribe standards for the maintenance of lands in the Town of Tillson burg be brought forward for Council consideration. "Carried" 23. DCS 14-14 Report-Sign By-Law Ql Presented By: Geno Vanhaelewyn, Chief Building Official Staff to look at allowing signage in strip malls for each business within the mall, rather than one per strip mall. Moved by: Councillor Stephenson Seconded by: Councillor Klein THAT Resolution No.8 be deferred. "Carried" Resolution No. 8: Moved by: Councillor Beres Seconded by: Councillor Klein THAT Council receive Report DCS 14-14 Sign By-Law for information; and AND THAT Sign By-Law 3798, to regulate signs and other advertising devices of a commercial nature in the Town of Tillsonburg be brought forward for Council consideration. "Deferred" 24. Report DCS 14 -24 Sole Sourcing-Advertising and Business Development Purchases !:;:a Presented By: Cephas Panschow, Development Commissioner Resolution No. 9: Moved by: Councillor Klein Seconded by: Councillor Beres THAT Council receive Report DCS 14-24 Sole Sourcing-Advertising and Business Development Purchases; AND THAT staff be authorized to sole source the items contained within Report DCS 14-24 Sole Sourcing-Advertising and Business Development Purchases. "Carried" 25. Report DCS 14 -21 Turtlefest Committee Requests ~ Presented By: Cephas Panschow, Development Commissioner Request that staff place a limit on the motor size of the motorized vehicle used at Turtlefest. Proposed Resolution No. 10: Moved by: Councillor Klein Seconded by: Councillor Beres RESOLVE THAT Council receive Report DCS 14-21 -Turtlefest Committee Requests; AND THAT the 2014 Turtlefest festival be designated a municipally significant event for the Page6 MINUTES: Meeting for the Committee "Open Council" FINANCE purposes of raising the profile of the event and obtaining a Special Occasion Permit under the Alcohol and Gaming Commission of Ontario application process; AND THAT the Lake Lisgar Revitalization Project Committee and the Tillsonburg Sea Scouts be given permission to operate a motorized watercraft on Lake Lisgar is part of the Turtlefest events and as provided for under Paragraph 2 of Bylaw 2619. "Carried" 26. FIN 14-15 2013 Reconciled Contract Policing Costs-OPP-Apri114. 2014 Ql Presented By: Darrell Eddington, Director of Finance Resolution No. 11: Moved by: Councillor Renaud Seconded by: Councillor Klein THAT Council receives report FIN 14-15 2013 Reconciled Contract Policing Costs-OPP; AND THAT $126, 723 be contributed to reserves to be utilized for policing costs. "Carried" 27. FIN 14-13 Credit Card Processing Fees-April14, 2014 Ql Presented By: Darrell Eddington, Director of Finance Resolution No. 12: Moved by: Councillor Renaud Seconded by: Councillor Klein THAT Council receive Report FIN 14-13 Credit Card Processing Fees; AND THAT Council consider By-Law 3808 for three readings to formalize the existing fee for payment card processing services with respect to utility payments. "Carried" PARKS & RECREATION SERVICES 29. PRS 14-07 Awarding 2014-2018 Grass Cutting and Flower Bed Maintenance Contracts ~ Presented By: Rick Cox, Director of Parks Recreation Resolution No. 14: Moved by: Councillor Getty Seconded by: Councillor Rosehart THAT Council receives Report PRS 14-07 Awarding 2014-2018 Grass Cutting and Flower Bed Maintenance Contracts for 2014 through 2018; AND THAT Council awards grass cutting contracts for 2014-2018 as follows: Page 7 MINUTES: Meeting for the Committee "Open Council" Zone 1 -D&D Commercial Property Maintenance, Ingersoll Zone 2-Parrot Yard Services, Tillsonburg Zone 3 and Zone 5 -IWeed Inc., London Zone 4-Natures Choice Lawn Care & Irrigation, Tillsonburg AND THAT Council awards the flower bed maintenance contract for 2014-2018 to Natures Choice Lawn Care & Irrigation; AND THAT a by-law be brought forward for Council's consideration. "Carried" 30. PRS 14-09-Awarding theTender for roof repairs at the Customer Service Centre. ~ Presented By: Rick Cox, Director of Parks Recreation Resolution No. 15: Moved by: Councillor Stevenson Seconded by: Councillor Beres THAT Council receives Report PRS 14-09 Awarding the Tender to Repair the Roof at the Customer Service Centre; AND THAT Council award the tender to Flynn Canada at the tendered price of $62,987 plus applicable taxes. "Carried" STAFF INFORMATION REPORTS 31. FIN 14-12 2013 Remuneration and Expenses-Revised ~ Presented By: Darrell Eddington, Director of Finance Staff to investigate the way the tender is modelled for future tender documents. Resolution No. 16: Moved by: Councillor Beres Seconded by: Councillor Klein THAT Council receives report FIN 14-12 2013 Remuneration and Expenses-Revised as information. "Carried" 32. Report DCS 14-22 Clarification Regarding Industrial Lands Agricultural Tender L1! Presented By: Cephas Panschow, Development Commissioner Resolution No. 17: Moved by: Councillor Klein Seconded by: Councillor Beres THAT Council receive Report DCS 14-22 Clarification Regarding Industrial Lands Agricultural Tender for information purposes. "Carried" RESOLUTIONS Page 8 MINUTES: Meeting for the Committee "Open Council" 33. Community Sustainability Plan (CSP) Ad Hoc Committee bl Resolution No. 18: Moved by: Councillor Klein Seconded by: Councillor Beres THAT Council receive the correspondence from the Clerk of the County of Oxford; AND THAT Council nominate Councillor Mel Getty to the Community Sustainability Plan (CSP) Ad Hoc Committee which is comprised of eight members representing all Area Municipalities. "Carried" 34. CL 14-10, Royal Canadian Air Cadets' Annual Tag Day Fundraiser Ch Resolution No. 19: Moved by: Councillor Beres Seconded by: Councillor Klein THAT Council receive Report CL 14-10, Royal Canadian Air Cadets' Annual Tag Day Fundraiser; AND THAT the request from 153 Varnavair Squadron Royal Canadian Air Cadets, to conduct their annual Tag Days May 2-3, 2014, in the Town ofTillsonburg, be approved. "Carried" NOTICE OF MOTION BY-LAWS 35. By-Laws for the Meeting of Apri114, 2014 Resolution No. 20: Moved by: Deputy Mayor Renaud Seconded by: Councillor Klein THAT By-Law 3808, to establish a service fee for Payment Card Processing Services,!;! By-Law 3809, to appoint a Deputy Clerk for the Town of Tillson burg, Iii! By-Law 3812, to authorize grass cutting and garden bed maintenance agreements, bil By-Law 3813, to amend Zoning By-Law 3295, 2 Vance Drive, and 1J By-Law 3811, to confirm the proceedings of Council at its meetings held on the 14th day of April, 2014, be read for a first and second time and this constitutes the first and second reading thereof. ca "Carried" Resolution No. 21: Moved by: Deputy Mayor Renaud Seconded by: Councillor Klein THAT By-Law 3806, to enter into an Agricultural Lease Agreement with Paul Boesterd, Ql By-Law 3808, to establish a service fee for Payment Card Processing_ Services, [JJ By-Law 3809, to appoint a Deputy Clerk for the Town of Tillsonburg, ld By-Law 3812, to authorize grass cutting and garden bed maintenance agreements, Ql Page 9 MINUTES: Meeting for the Committee "Open Council" By-Law 3813, to amend Zoning By-Law 3295, 2 Vance Drive, and ~ By-Law 3811, to confirm the proceedings of Council at its meetings held on the 14th day of April, 2014,be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. "Carried" ITEMS OF PUBLIC INTEREST ADJOURNMENT Moved By: Councillor Klein THAT the meeting be adjourned at 9:31 p.m. Town of Tillsonburg Approval Received: (0 of 1) Donna WilsonfTillsonburg (Wednesday April16, 2014 01:14PM) Page 10 MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private MINUl,ES -,-~~;Y~:~~~t~)t~i{:tt~~:-:~ ';: · .. ' ATTENDANCE Mayor John Lessif Deputy Mayor Mark Renaud Councillor Marty Klein Councillor Dave Beres Councillor Brian Stephenson Councillor Mel Getty REGRETS: Councillor Chris Rosehart Staff: David Calder, CAO Donna Wilson, Town Clerk Darrell Eddington, Director of Finance Steve Lund, Director of Operations Rick Cox, Director of Parks & Recreation Services ADOPTION OF AGENDA Resolution No. 1: Moved By: Councillor Getty Seconded By: Deputy Mayor Renaud THAT the Agenda as prepared for the Council Meeting of March 24, 2014, be adopted. "Carried" MOMENT OF REFLECTION 032414 Page 1 Town of Tillson burg Development Charges Study Council Update Monday, April 14th, 2014 HEMS ON Consulting Ltd. What Are Development Charges? • Fees imposed on development to fund "growth-related" capital costs • As a municipality grows new infrastructure and facilities are required to maintain service levels • Principle is "growth pays for growth" HEMS ON 2 • Charges levied on a service basis • Town given discretion to define services • Two types of service: recovery Maximum planning period 10 years HEMS ON 100% unlimited 4 • Eligible capital costs -Costs to acquire and improve land -Building and structure costs -Rolling stock with a useful life of 7 years or more -Furniture and equipment, excluding computer equipment -Development-related studies -Interest and financing costs HEMS ON 6 • 2 planning horizons: -10 years for general 'soft' services (2014-2023) -Long term for Roads and Related and Stormwater services (20 14-2031) • Town-wide uniform rates • Non-residential development is exempt but a charge must still be calculated HEMS ON 8 Non-Residential Forecast Comparison Total Employment New Floorspace 10 year growth Old Study New Study 820 In 2031 Old Study New Study n/a Source: Hemson, 2009 DC Background Study; Watson and Associates (2014) Note. New Study figures include provision for No Fixed Place of Work employment. HEMS ON 10 • Council must express its intent to carry out the capital program • Based on 2014 capital budget and 5 year forecast plus: -Input from staff, particularly for years 5-1 0 -Recovery for specific oversized works: • Pumper/Tanker (2012) -$202,057 HEMS ON 12 • Fire Protection • Parking • Parks and Recreation • Public Works & Fleet • General Government • Roads and Related • Stormwater Total DC Eligible Costs = $6.1 million HEMS ON 14 Service Project Summary Timing DC Eligible Cost P-ublic Works & Fleet Salt storage 201.$ Funded from reserves Additional space for fleet vehicles (3 bays) 2016 $49Q,092 New vehiele acquisitions/upgrades Various $150,000 -Stormwater Swance drain-Cranberry Road culvert 2015 $5,501 Master drainage planning study 2016 $100,000 - General Growth-related studies Various $~4,130 Government - -• " Roads and Related Road Reconstruction ' Bayham Drive-Trillum Railway to Newell 2026 $254,750 Concession-Charlotte to Rolph 2027 Ss2a,s2s Concession-Tillson to Maple Lane 2017 $339,000 Concession-Maple Lane to East Town Limit 2016 $1,057,500 North Broadway-North Street to Town Limit 2031 $6,500 Newell -Baldwin to West Town Limits 2015 $813,375 West Town Line-boundary road with Norwich 2016 $10,000 North Street Sidewalks 2014 $110,000 Kinsmen Bridge Upgraaes 2014 $60,000 Signalization iown-wide Signalization Various Signal Priority Control System Expansion 2014-17 HEMS ON 16 Program Does Not Necessarily Maximise Potential DC Funding Parking 38% Parks and Recreation 20% Public Works 100% ---' General Government n/a Roads and Related n/a Stormwater n/a HEMS ON 18 Residential: • Expressed as a charge per capita • Levied as charge per unit and by unit type • Apartments differentiated by bedroom Non-Residential: • Expressed as a charge per square metre of gross floor area (GFA) • Single rate calculated for all non-residential uses HEMS ON 20 Non-Residentiiil Chiirge Service Unadjusted Adjusted Percentage of Charge per Charge per Charge Square Metre Sguare Metre General Go\ernment $0.21 $0.21 1.1% Library $0.00 $0.00 0.0% Fire Protection $2.50 $2.81 14.3% Police Protection $0.00 $0.00 0.0% Parks And Recreation $0.00 $0.00 0.0% Public Works And Fleet $4.01 $4.34 22.1% Parking $1.39 $1.40 7.1% Subtotal General Sen.1ces $8.12 $8.76 44.5% Roads And Related $10.51 $10.56 53.7% Stormwater $0.29 $0.36 1.8% Subtotal Engineering Sen.1ces $10.80 $10.92 55.5% TOTAL CHARGE PER SQUARE METRE $18.91 $19.68 100.0% HEMS ON 22 Olyafa-clool• Brant e-m,-(<=-nly-wlde) Oly alllanllad'" Oly al Woodstock $- Residential Rate Comparison Single/Semi Detached Units $10.011D $15.11110 II Local Iii Upper lie.- $25.0110 •oc llad:ground Studies underway. ra1e changes expected in 2014 $3D. ODD 24 !\Jon-Residential ( ndustrial) Rate Comparison ayarca~ llnlllt~ (Coualr'-11111de) Cly alllranlanl" Nafalr:: CG!nly"' $- Clly al SL 1bomas $- Clly al LonclcJn• $- Clyal~anl $- TOMISI!Ip al Eastlanl T~ $- r-blp a1 Non~~~:~a• $- Town al-...onblllg -anent • $- Cly al Woodsloclc $- TOMISI!Ip allllallchnlllllenheb"' $- $- Non-Residential Rate Comparison lnduslrial Charge $/Sq.M $75.CIJ II Local lil ~perller $100.00 $125.00 • DC Bact.gound S1udes underway. role changes 6liJ)6Cied in 2014 HEMS ON 26 C1) (J ·--0 a.. -m ·-(J c: ·-> 0 I.. a.. 0 ·-I.. m ..... c: 0 Tillsonburg Patrol and Obligated Duty Hours Worked 2011 2012 2013 Cruiser Patrol Hours 6,556.50 6,206.5 9,314 Foot Patrol Hours 1,661.25 1,843.75 1,218.5 TOTAL 8,217.75 8,050.25 5,502 R.I. D. E. Spotchecks 120 125 154 Source: Ontario Provincial Police, Daily Activity Reporting System, 20Mar2014 Crime ata otor Vehicle Collisions on Roadways For Oxford County All-Terrain Vehicle and Motorized Snow Vehicle Collisions 2011 2012 Total Fatal MVCs 8 9 # of Fatal MVCs where speed is a Factor 1 3 # of Fatal MVCs where alcohol is a Factor 1 2 # of Fatalities where lack of seatbelt use is a 2 1 Factor # of Fatal MVCs where distracted driving is a 1 2 Factor # of Fatal MVCs where wildlife is a Factor 0 0 Source: Ontario Provincial Police Collision Reporting System (CRS}, 20Mar2014 2013 7 2 1 3 2 0 Statistics Summary Report Location: north st Data Session: north st dump 15jan14 Address: Report Period: 0211212013 to 29/12/2013 Speed Limit 50 Total Vehicle Count: Count by speed Bins --- -~-------~ -- 0 ... 5 0 5 ... 10 0 10 ... 15 371 15 ... 20 0 20 ... 25 405 25 ... 30 0 30 ... 35 3,348 35 ... 40 0 40 ... 45 16,590 45 ... 50 0 50 ... 55 27,890 55 ... 60 0 60 ... 65 7,878 65 ... 70 0 70 ... 75 1.156 75 ... 80 0 80 ... 85 77 85 ... 90 0 90 ... 95 9 95 ... 100 0 100 ... 105 1 - ~--------------- Generated on Apri/2, 2014 at 3:31PM SafePace® 100 Management Software by Traffic Logix® c Example of data that can be collected from speed signs • Charts and graphs of collected data from both . s1gns • Average Speed, total of vehicles, total violations • Speed Bins which record increments of speed so you can see a trend and determine which areas are problem areas. • Can collect data on how many vehicles use roadways and peak/off times of use. Tillsonburg Overtime Yearly o/o OT Spent Year Usage 2009 2010 2011 2012 2013 $82,332 $80,185 $93,413 $53,019 $51' 196 (Budgeted at 7.1% approx.) MOTOR VEHICLE COLLISION REPORT TOWN OF TILLSONBURG 2013 • Total Motor Vehicle Collisions-251 • Personal Injury Motor Vehicle Collisions-21, of which 2 were Fail to Remain with 1 solved (Number of persons injured -25) • Property Damage Motor Vehicle Collisions -163, of which 24 were Fail to Remain with 6 solved • Property Damage (Non Reportable)-67, of which 2 were Fail to Remain with 0 solved • Fatal Motor Vehicle Collisions-0 **CONFIDENTIAL: POLICE USE ONLY** •• ..J II( j:: 2 w 0 -u.. z 8 * * * * ~ 2 0 w Cl) :::!) M I .... <C j:: i5 c u:: z 0 u * * 1 ··---'!.~---- Co. I . . ·•· Five year trend .indicates a consistent decline in the number of break and enter inciidents. A review of the Stats Can reporti1ng for 2012 shows a general dediine in break and enters provincially and nationalllly over a multi-year ti1meline. ·• Clearance Rates for the Town of Ti:Usonburg are consiistentlly above the natiiona,l rates of approxi~m~atel!y 17% for IBreak. and Enter Crim,es. ·• Further anal1ysi;s of the 3rd Quarter of 2013 (18 Incidents) for Tillsonburg reveailed a sporadic geographica l pattern except for Sept 24/.13 in which there were multipl:e entri:es 1in the Annandale Subdi,vision. ·• The first quarter reporting for 2014 indicates 4 Break and Enter inddents, which is in the statistkal tpredkted low category. ·-..... en Cl) ::l a ::J 0 >- ~ c co ..c r- lalx{grdCoun~ f/ growing stronger. .. together Report No: CASPO 2014-83 COMMUNITY AND STRATEGIC PLANNING Council Date: April14, 2014 To: Mayor and Members of Tillson burg Council From: Eric Gilbert, Development Planner, Community and Strategic Planning Application for Zone Change ZN 7-14-02-Paul Grammatikipoulos REPORT HIGHLIGHTS • The application for zone change proposes to rezone the subject property to 'Special Service Commercial Zone (SC-special)' to permit three residential dwelling units within a portion of the existing commercial building. • Special provisions are being requested to allow for 13 parking spaces in lieu of the required 16 parking spaces. • Two dwelling units are proposed for the upper floor and one in the rear of the main floor of the vacant commercial building . • Planning staff are recommending approval of the application, as it is consistent with the policies of the Provincial Policy Statement and maintains the intent and purpose of the Official Plan respecting service commercial uses. DISCUSSION Background OWNER: Paul Grammatikopoulos 406 Earl Street, Delhi ON N48 1W5 LOCATION: The subject property is described as Part Lot 3, Plan 1033, and Part 1 of Reference Plan 41 R- 3619 , in the Town of Tillsonburg. The lands are located on the east side of Vance Drive, south of North Street East, and are municipally known as 2 Vance Drive . COUNTY OF OXFORD OFFICIAL PLAN: Schedule "T-1" Town of Tillsonburg Land Use Plan Service Commercial Report No: CASPO 2014-83 COMMUNITY AND STRATEGIC PLANNING Council Date: April 14, 2014 • planning for, protecting and preserving employment areas for current and future uses; and ensuring the necessary infrastructure is provided to support current and projected needs. Settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted. Land use patterns within settlements shall be based on densities and mix of land uses which efficiently use land and resources, are appropriate for the infrastructure and public service facilities which are available and promote a range of uses and opportunities for intensification and redevelopment. OFFICIAL PLAN: The subject lands are designated 'Service Commercial' according to the Land Use Plan for the Town of Tillsonburg, as contained in the Official Plan. Areas designated for Service Commercial use are intended to provide for a broad range of commercial uses that, for the most part, are not suited to locations within the Central Area because of their site area, access or exposure requirements or due to incompatibility or land use conflicts with residential development. Generally, Service Commercial uses cater to vehicular traffic and single-purpose shopping trips where customers are typically generated from passing traffic or a wide ranging market area. Service Commercial uses will have access to an arterial or collector road. In addition, sites with existing buildings and established commercial uses are permitted within this designation. It is not the intent of this policy to restrict existing commercial uses from expanding or changing uses within the context of the functional zoning category in the Town of Tillsonburg. Permitted ancillary uses within the Service Commercial designation consist of minor institutional uses and accessory residential dwelling units, subject to site specific zoning. TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is currently zoned "Service Commercial Zone (SC)', according to the Town of Tillson burg Zoning By-law. Permitted uses within the 'Service Commercial Zone (SC)' include a wide variety of automobile- oriented service-commercial uses and an accessory dwelling unit in a portion of a non- residential building. The provisions of the SC Zone require a minimum lot area of 900 m2 (9,687.8 ft2), minimum lot frontage of 20m (65.6 ft), minimum lot depth of 45 m (147.6 ft)., front yard depth of 9 m (29.5 ft), rear yard depth of 7.5 m (24.6 ft) and interior side yard width of 4.5 m (14.8 ft). With the exception of the southerly non-conforming interior side yard width, the subject lands and existing building meet these zone provisions. AGENCY COMMENTS: The application was circulated to various agencies considered to have an interest in the proposal. Page 3 of 5 Report No: CASPO 2014-83 COMMUNITY AND STRATEGIC PLANNING Council Date: April14, 2014 Tillsonburg Custom Foods plant is located to the south and adjacent service commercial uses consist of fast food restaurants, commercial plazas, contractor's shops, and automobile service stations with residential uses to the north. The introduction of the three proposed dwelling units within the existing structure is not likely to have a negative impact surrounding commercial uses as these uses are either fully developed or well setback from the existing building on the subject property. Planning staff are also of the opinion that it is appropriate to include provisions in the special zoning category being requested by the applicant to stipulate that 50% of the gross floor area must remain for commercial uses, and the front, ground floor portion of the building is to remain service commercial. The required parking for the non-residential and residential uses on the subject property is 16 parking spaces. The applicant has provided a concept plan demonstrating that 13 spaces can be accommodated onsite without any reduced parking standards; the proposed parking locations and one way aisle width comply with the parking provisions. Agency review did not express any concerns with the proposed reductions and planning staff note that 7 spaces at the front of the building would typically be used by patrons of the commercial use with the occupants of the residential dwelling using the spaces at the rear of the building. Planning staff also note that depending on the commercial use which is established in the vacant commercial space, the parking requirements for the site could vary. Given the existing development of the site and the fact that the non-residential use will occupy more than 50% of the building, planning staff are satisfied that the proposed zoning is appropriate from a planning perspective. RECOMMENDATION 1. It is recommended that the Council of the Town of Tillsonburg approve the zone change application submitted by Paul Grammatikopoulos, whereby the lands described as Part Lot 3, Plan 1033, Town of Tillsonburg, known municipally as 2 Vance Drive are to be rezoned from Service Commercial Zone (SC) to Special Service Commercial Zone (SC-17). SIGNATURES Authored by: Approved for submission: Eric Gilbert, MCIP RPP, Development Planner Gordon K. Hough, MCIP, RPP Director, Community and Strategic Planning Page 5 of 5 ~ '--Plate 2:2010 Aerial Photo ordCountY.. File No. ZN 7-14-02-Paul Grammatikopoulos · growmg stronger. .. together Part Lot 3, Plan 1033, Town of Tillson burg - 2 Vance Drive 0 10 19 Meters NAD_1983_UTM_Zone_17N 0 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey February 27, 2014 Civic Address Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood ~ Flood Fringe ~ Floodway ~ Environmental Protection (EP1) ~~ Environmental Protection (EP2) Zoning Floodlines/Regulation Li + t 100 Year Flood Line 4 30 Metre Setback e e Conservation Authority Regulation Li e • Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1 :: Road Restriction/Closures NEW Et;RESS CO/VIPUANT WINDOW 4'·0" X 4'-Q" NEW El;RESS COMPLIANT WINDOW 4' 0" X 4'-Q" 3.0'-3Y.z." c I~~~-.---,· ~ 1: ~ ~4--d . .2!-:1' :L0'-311.." 'l3Y..." 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DWEWN£; UNITS .2ND FLOOR LEVEL .2 VANCE DRIVE, TILLSONBUR£;, ON FOR PAUL l;RA/VI/VIATIKOPOULOS (S:J.'l-S8.2.-.:Z.S30) ~~ I;+ I~ ~ "U I~ ~ 0 (,V ~ -I 0 =E :::J 0 ......, -I --C/) 0 :::J 0"' c ~ I 1\.) < 0> :::J (') CD 0 ...., <" CD "11"'0 CD 0> ..... zCD 0 ~ N"U za """'-J'"C I 0 ~C/) ~CD 60. 1\.)r 0> "U~ Q) c c ..... G) ...., 0> 3 3 Q) !:!': A" 0 '"C 0 c 0 C/) ZN 7-14-02-Grammatikopoulos Site Photos Figure 3-View of Subject Property (facing south from North Street E.) The Corporation of the Town of Tillson burg By-law Number Page 2 (ii) Gross Floor Area The gross floor area of the residential portion of a non- residential building shall not exceed 50% of the total gross floor area (iii) Location of Dwelling Units No dwelling unit shall be located at the front of the existing building on the ground floor. 14.5.17.2.2 SOUTHERLY INTERIOR SIDE Minimum width 14.5.17.2.3 REQUIRED PARKING SP, Minimum 14.5.17.3 3. R R Mayor Clerk 3m (9.8 ft) 13 e in Section 14.2~of this By- that all other provisions of with the provisions ZN 7-14-02 TOWN OF TILLSONBURG BY-LAW NUMBER __ _ EXPLANATORY NOTE The purpose of By-Law Number is to Commercial Zone (SC)' to 'Special Service dwelling units in a non-residential building a ',1't!!rf>.'J~h ... ".r"'·"""" spaces. The subject property is located on the Tillsonburg and is legally described as Part 2 Vance Drive. The Municipal Council, after co comments to the proposed zon ___ . The public Any person wish contact the unders File: ZN 7-14-02 (Grammatikopoulos) Report No: 2014-83 .,.u,..., ........ property from 'Service (SC-17)' to permit 3 uced number of parking the Town of is located at g necessary to consider any pproved By-Law Number ___ may Ms. Donna Wilson Clerk Town of Tillson burg 200 Broadway, 2nd Floor Town Centre Mall Tillsonburg, ON N4G 5A7 Telephone: 842-9200 Title: Report No.: Author: Meeting Type: STAFF REPORT OPERATIONS SERVICES Reconstruction of Trottier Phase 1 Subdivision OPS 14-07 K. De Leebeeck, P.Eng., Manager of Engineering S. T. Lund, P.Eng., PWLF, Director of Operations COUNCIL MEETING Council/Committee APRIL 14, 2014 Date: Attachments: RIDGE BOULEVARD PETITION RECOMMENDATION THAT Council receives Report OPS 14-07 Reconstruction of Trottier Phase 1 Subdivision, AND THAT Council receives the petition from the residents along Ridge Boulevard as information. EXECUTIVE SUMMARY A petition was received from members of the public along Ridge Boulevard on March 7, 2014 requesting Council to continue with Stage 2 of the Trottier Phase 1 Subdivision reconstruction. Staff reviewed the 5-year capital road plan in relation to the petition request and associated reconstruction staging options. COMMENTS In 2011 the Trottier Phase 1 Subdivision (see Figure 1) was surveyed and engineering design drawings fabricated to receive all agency approvals by the end of 2012. During the design stage it was determined that the sanitary sewer was in good condition and would not need to be replaced as part of any reconstruction works. In 2013 staff recommended and Council approved Stage 1 of the Trottier Phase 1 Subdivision reconstruction which included the road reconstruction of Thistle Court, water main replacement and construction of the storm water outfall. During the 2014 budget deliberations staff examined capital project scenarios to satisfy budgetary constraints that in the end did not include Stage 2 of the Trottier Phase 1 Subdivision reconstruction. The following three (3) options outline different timeframes for Council consideration to address the reconstruction staging of the Trottier Phase 1 Subdivision. CAO w ~1/~J BALDWIN STREET TOWN OF TILLSONBURG ENGENEERINGSERVICES CUSTOMER SERVICE CENTRE 10 USGAR AVENUE, TILLSONBURG, ONTARIO, N4G 5A5 Not to Scale BURDOCK CT. THISTLE CT. RECONSTRUCTION STAGING TROTTIER SUBIDIVISION PHASE ONE DWG No. FIGURE 1 Melinda Evans 27 Ridge Blvd. February 14, 2014 Tlllsonburg ontario N4G2S6 519~688.0608 Town of TIIfsonburg-Steve Lund and Peter Fung Mayor Lessif, Deputy Mayor Renaud Councillors-Beres, Getty, Klein, Rosehart , and Stephenson Concern: Trottier 1-Forest Ridge Estates Reconstruction The residents of Trottier 1 and the Ridge Blvd. area are very disappointed to say the least at the decision of the town and town council to not continue with the Trottier Subdivision-Forest Ridge Estates reconstruction. We have waited 10+ years for reconstruction, watching other much younger subdivisions reconstruction come to fruition. Yes, the road is a mess, thin, full of pot holes, with the base gravel exposed in many spots. What worries us the most is what is under the road. In the past we have had water main breaks, this also indicates there are Issues that need to be addressed. The storm drains are useless, often a dip in yards, where little or no rain water can be directed to them, they are in yards that are higher than the road and no curbing to redirect storm water. The road is a river during a heavy rain. Several residents have had water issues related to this neglect of the basic infrastructure of this neighbourhood. We are a mostly clay base here, and water is NOT absorbed into the ground well, which also magnifies the problem. The neighbourhood has grown with the development of the Woodhaven Estates, which I am sure may further stress our basic infrastructure. The town has spent the money for the plans and survey to reconstruct this area, had the utilities marked for construction, and started with Stage 1 in 2013. We were told in 2013 that construction would start and continue for the next several years until completed. This year we were told continued construction was not in the budget. When will it continue? Stage 1 drains and curbs are useless until construction is completed. When I asked, I was told MAYBE next year the section of Ridge Blvd. between Lady Ave. and Woodhaven would be completed as the road there was really bad. Does logic not show us that continuing work along Ridge to Woodhaven may be the best choice. Why leave the center section of Ridge not finished? Finish Ridge, to have access from Baldwin to the neighbourhood through Woodhaven, then complete the Golden Rod /Burdock area, Lady Ave, Dennis Court and Richards Court for the final stages. Now that the towns plans are put on hold for MAYBE another year, maybe council and the town might find it in their hearts and budget to next year do ALL of Ridge Blvd. This would in turn cause less inconvenience to the Ridge Blvd. residents; It is not that large of area, dividing it into two years is ridiculous. During last year's construction there were many days with water Interruption, and no access to certain portions of Ridge Blvd. during construction. Although I run a Photo by Bethania Wood. TILLSONBURG-Snow and ice have melted, making way for warmer temperatures, sunshine and even a bit of rain in recent weeks. But with a change of seasons, often comes the dreaded potholes. "The roads fared pretty good in terms of the freeze-thaw and the frost coming out of the roadways," said Steve Lund, Director of Operations for the Town of Tillsonburg. "We're probably below average in temns of damage to our roadways, and we're not seeing a lot of indication (of damage). · "Not as much as in more severe winters, I would say it's gene.rally as expected, the number of potholes." Lund said there is money set aside every year to deal with necessary springtime repairs, caused by potholes. "We have a maintenance budget for potholes, we also have a maintenance budget for patching -it might be short sections of roadway where you have localized failure, it could be a granular or sub-grade failure or it could be potholes, for some reason you get a lot of potholes in the same area, so we have that for the small areas. "Then in terms of our sections of roadway on a block basis, we have a re-surfacing budget that would take care of just the surface." In addition to fixing and repairing potholes around Tillsonburg, Lund listed capital reconstruction projects that will also take place this year, beginning a little later this spring. There is also a carry-over project expected to be completed this summer that Includes Brock Street-from Tillson Avenue to Maple Lane. "We'll be putting the top lift of asphalt on this year. We did undergrounds, and the roadways last year, so this year we're doing the top lift, and we do that in case we get any settlements over the wintertime," he added noting that there can be localized settlements due to compaction or soil issues. "We try and do that where possible, it just gives us a second chance at fixing any potential iMues before we put the top on." The Town of Tillsonburg has been busy repairing potholes in various parts of town, and is gearing up for a busy construction season ahead. Lund pointed out some of that work is an ongoing maintenance effort taking place over several months, as potholes can appear on our roads at any time throughout the year. "Pothole repair is a maintenance function, so that gets done as time pemnits throughout winter and into the spring, until that's completed," he said. "In terms of the reconstruction, it depends on the weather-when the frost is out of the ground, and when we can retain contractors, which is also subject to the budget being passed, but I would say usually on average we're starting late spring to summer on the larger projects." ,, This petition is from the residents of Ridge Blvd. We are requesting the continuation of the Trottier Subdivision-Forest Ridge Estates Reconstruction. The road, water mains and storm sewers need attention, and we as talj payers of Tillsonburg request that work be continued. This is one of the older subdivisions In Tillsonburg and it has JJOt had anything done, except pot hole repair sJnce the subdivision was first built. We have concerns that the Infrastructure Is faUing, and putting our Investment, our homes at risk with Improper drainage·and working storm sewers. Phone Signature The Corporation of the Town of Tillson burg March 31, 2014 To Members of Council: It has been my pleasure along with Mayor Lessif to represent Tillsonburg on the Oxford Cycling Advisory Committee for the past year. Also representing Tillson burg on our committee is Michael Jaffray a resident and cycling enthusiast The committee has been meeting monthly and has established a media campaign designed to encourage cyclists and drivers to obey traffic regulations and "Share the Road". Within the county's 2013 road sign budget Share the Road signs have been placed on 29 kilometers of county roads including to our north County 20 from Delmer to QuarterTown Line. With an expanded budget this year, signs will be placed on an additional150 kilometers including Sweaburg Road from the 401 to Highway 19, Mount Elgin/Norwich Road from Highway 19 ,Otterville Road from Highway 19 to Highway 59. This spring South West Oxford Council will be placing signs on Dereham Line from Salford to Pressey Road and in Tillsonburg signs will be placed on John Pound Road from Hwy 3 to. Oxford Street. We now have many options for cycling to Tillsonburg and our roadways will be safer for cyclists. In addition the committee has identified "preferred", safer roads for cyclists and is posting suggested cycling loops on the county web page map. If you have not already visited http://webmap.oxfordcounty.ca/glimr/?Viewer=Tourism%2oMapping please do so and select the blue, red and green layered icon in the bottom left comer. By checking the box beside "Cycling Routes" and hitting the plus sign one can see the "preferred" county roads in blue and the township roads in green. We are working to add more information that will assist both local and visiting cyclists to our county and Tillsonburg. On behalf of the Oxford Cycling Advisory Committee I would like to invite you to our Share the Road media event on April 28 to launch our public information campaign. Councillors, bikers and biking and non-biking media are invited to assemble at 6:oo p.m. at the Community Centre/Library in Innerkip. If you wish to join us in a fun ride, cycling routes of sK, toK and 20K will be available. Sincerely Janet McCurdy Recreation Program Manager Town ofTillsonburg CORPORATE OFFICE 200 Broadway, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 688-3009, Fax# (519) 842-9431 Web: www.tillsonburg.ca A..M Associationot) N Municipalities Ontari€C REA Kl N G EW S March 24, 2014 New Accountability and Transparency Act for Broader Public Sector with Proposed New Requirements to Be Imposed on Municipal Governments Today the government introduced new accountability legislation which is broad in scope and deals with, among other matters: o Expanding Ontario Ombudsman's role to municipalities, school boards, and publicly funded universities; the processes for each will be somewhat different. o Expanding the role of the Ontario Ombudsman after municipal local complaint processes are completed . o Establishing a Patient Ombudsman to help patients resolve complaints against public hospitals, long-term care homes, and Community Care Access Centres. o Providing Management Board of Cabinet the authority to obtain compensation information and regulatory authority to set compensation frameworks and undertake compliance audits applicable to executives of designated employers in the broader public sector (i.e., hospitals, universities, colleges, school boards, Hydro One and provincial hydro entities, Community Care Access Centres, and others if prescribed) and require organizations to post their business plans and other relevant financial documents. o Clarifying retention of emails and offences against wilful destruction, concealment, which is to apply to municipal governments as well through amendments to MFIPA. o Identifying expenses of MPPs including out of riding expenses to be posted and 90 day timeline for posting. o Changes to the Lobbyists Registration Act including additional investigation authority and increased penalties for non-compliance. The Bill itself will not be available publicly until it is posted on the Legislature's website, which usually takes 24 hours. It is a very large piece of legislation, amending numerous Acts. At this point, we have few details to share about the proposed legislation. We do know that some of the details will fall to regulations, which means some questions may be challenging to get answers to in the short term. AMO is undertaking follow up meetings with Ministry of Government Services and Ministry of Municipal Affairs and Housing on an urgent basis. On March 6, AMO shared with it members some early concerns when the Premier Wynne announced the high level direction within which she was proceeding. Since then, there has been no public information available other than that provided by the Ontario Ombudsman, who indicated then that he had input and had seen the draft legislation. Some of his previous commentary appears to be at odds with what the government shared today with AMO, particularly with respect to local boards. _..1...._. •.. ......... Oflrt;'t 200 Univers1tv Ave . SUite 801 Toronto ON M5H 3C6 Canada 1 Tel 416 971 9856 I Fax· 416 971 61911 Toll-Free 1n Ontano· 1 877 42665271 amo@amo on ca for requesting a referral to the Ontario Ombudsman; what changes will be needed to administer the legislation provincially and locally). • The government must clarify the proposed authority of the Office of the Ontario Ombudsman and make sure that it is fully understood by all. AMO Contact: Pat Vanini, Executive Director, E-mail pvanini@amo.on.ca , 416.971 .9856 ext. 316 3 N iagara *'II/ Region 2201 St. David's Road, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-685-4225 Toll-free: 1-800-263-7215 Fax: 905-641-5208 www.niagararegion.ca The following resolution was adopted by Council of The Regional Municipality of Niagara at their regular meeting held on January 16, 2014: Moved by Councillor Jeffs Seconded by Councillor Eke WHEREAS the province's recently released Long Term Energy Plan anticipates that consumers will face hydro rates that will rise by 42% over the next five (5) years; WHEREAS the Minister of Energy recently announced that past FIT prices are driving electricity prices higher and that changes to domestic content requirements for construction of future renewable energy projects are necessary to lower future electricity rates; WHEREAS the recent auditor-general's report advised of extreme amounts of waste in the energy sector, particularly at Ontario Power Generation and Hydro One, due to high labour costs and generous public sector pension plans; WHEREAS decisions including but not limited to the cancellation of gas plants in Ontario could cost taxpayers close to $1 .1 billion; WHEREAS it is essential for the residents and businesses of Niagara to have access to affordable hydro to thrive and prosper; THEREFORE BE IT RESOLVED: That the Regional Municipality of Niagara CALL ON Premier Wynne and the Province of Ontario to take immediate action to prevent these and any other rate increases from being implemented; and That this motion BE CIRCULATED to all Ontario municipalities for support. Cc: The Association of Municipalities of Ontario All Municipalities in Ontario CARRIED. Minister Responsible for Seniors Affairs 77 Wellesley Street West 12th Floor, Ferguson Block Toronto, ON M7A 1N3 Tel: 416-314-9710 Fax: 416-325-4787 March 24, 2014 Ministre dl!legue aux Affaires des personnes agees 77, rue Wellesley Ouest 12• etage, bloc Ferguson Toronto ON M7A 1N3 Tel: 416-314-9710 Telec: 416-325-4787 Dear Mayor (or Reeve), ~·· ~ Ontario In advance of Seniors' Month I am writing to encourage you to proclaim June as Seniors' Month in your community. June marks the 301h anniversary of Seniors' Month in Ontario. To recognize the important achievements we have made together, and the important role seniors play in our communities, this year's Seniors' Month theme is "Aging Without Boundaries: 30 Years of Celebrating Seniors." Attached is a sample proclamation for your consideration. Please let us know if you Will be making this proclamation by emailing the Ontario Seniors' Secretariat at infoseniors@ontario.ca. We will be sending you promotional materials soon. Please let us know about any events you are planning and we will post them on the Ontario Seniors' Secretariat website at www.ontarioseniors.ca/seniorsmonth. I would also like to encourage you to work with your MPP(s) to host Seniors' Month events in your community and to access the resources offered by the Ontario Seniors' Secretariat, such as A Guide to Programs and Services for Seniors in Ontario, Age-Friendly Community Planning Guide and Advance Care Planning Guide. Seniors' Month presents a great opportunity for alignment with the Senior of the Year Award, which is awarded each year by the Government of Ontario through municipalities. I hope to visit . a number of participating municipalities over the course of Seniors' Month. If you have any questions regarding Seniors' Month or about hosting an event, please contact Ontario Seniors' Secretariat at infoseniors@ontario.ca for assistance. Thank you, Mario Sergio Minister Enclosure --r AMO Policy Update -Interest Arbitration Update TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL April 1, 2014 AMO's INTEREST ARBITRATION UPDATE As you will recall, in late November 2013, the Minister of Labour called on both municipal employers (through AMO and the Emergency Services Steering Committee) and employee associations (e .g. POA , OPPA, OPFFA) to come together and try to achieve an agreement on changes to the interest arbitration system. This was in response to the 2013 Throne Speech which stated, "As your government moves forward, Ontario's labour force will be treated fairly and with respect. It will sit down with its partners across all sectors to build a sustainable model for wage negotiation, respectful of both collective bargaining and a fair and transparent interest arbitration process, so that the brightness of our shared future is not clouded by the indisputable economic realities of our time". Over the past several months, the employer and employee groups have met and exchanged proposals on what they believe interest arbitration legislation should look like. The employer group worked hard to find common ground and a meaningful solution to several matters, particularly capacity to pay. Unfortunately, the parties have been unable to come to a consensus. Accordingly, it appears necessary to resume our efforts to seek necessary and meaningful legislative change through political advocacy. AMO and ESSC will continue to work together in these efforts. We appreciate the support of several local Chambers of Commerce, the Ontario Chamber itself along with others that seek changes to the interest arbitration system. AMO's members are reminded of the various resources we have produced previously on this topic, including a video that in plain language describes the interest arbitration process and what is happening to costs. Yesterday, a report, "The Blue Line or the Bottom Line of Police Services in Canada" by Christian Leuprecht was released. Leuprecht was a panelist along with municipal and OPP representatives on the March 27th TVO segment, "Badges and Balancing Acts". It focused on the 'leap frog and me, too' approach of interest arbitration as it relates to the cost of service. The public and media are also seeing this week the annual "Sunshine List" that shows public sector employees earning more than $100,000. As noted with the release of the Leuprecht report, of the 96,500 broader public sector employees who made the 2013 list, almost 75% were police, fire, and ambulance. AMO's Board of Directors believes the time for legislative action to support the interests of property taxpayers and the financial well-being of municipal governments is now. Ontario communities cannot fund emergency services at the expense of other programs that also keep communities safe and strong. The Government of Ontario has a moral and practical responsibility to help ensure that emergency service costs are affordable and sustainable. AMO Contact: Matthew Wilson, Senior Advisor, mwilson@amo.on .ca , 416.971 .9856 ext. 323. DISCLAIMER These are final versions of AMO documents. AMO assumes no responsibility for any discrepancies that may have been transmitted with the electronic version. The printed versions of the documents stand as the official record. TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL April 2, 2014 Bi1169, The Prompt Payment Act Put Aside; Government Announces Construction Liens Act Review Today, the Standing Committee on Regulations and Private Bills of the Ontario Legislative Assembly voted on a motion to set aside Bill 69, The Prompt Payment Act. Bill 69 was introduced in May 2013 by MPP Steven Del Duca to change the way payments were made under contracts in the construction industry. AMO and municipal governments across Ontario raised significant concerns with this legislation and AMO is optimistic that members of the committee will not bring the Bill back for further consideration. At the Standing Committee, as well as prior to, municipal governments brought attention to the difficulty Bill69 provisions would create for construction owners. Bill 69's payment timelines, progress payment provisions and lack of recognition for payments tied to construction milestones would have created challenges for municipalities in the management of public funds in construction contracts. AMO, joined with several other public and private sector owner organizations, said the Bill should not proceed and that a proper government policy review be conducted to deal with prompt payment issues so that the perspectives of all interested parties could be input. Linked to this discussion, the Attorney General of Ontario announced last Friday that it would begin a review of the Construction Liens Act, under an independent party and to begin in spring 2014. AMO is awaiting details on this review process. In addition, AMO President Russ Powers received a recent letter from the Ontario General Contractors' Association (OGCA) that explained its position on Bill 69, particularly apologizing to AMO for not reaching out to it and other construction owners when the issues in the Bill were under discussion within the construction industry. At Committee, it had also requested more time for examination of the issues and consultation with affected parties. Like AMO, OGCA has also called for more time for discussion and a more consultative process to discuss prompt payment issues instead of Bill 69. We thank all the many municipal governments who sent letters on Bill 69 to the Standing Committee and all the political parties. It was very helpful. AMO will continue to work to ensure the interests and needs of our members are part of the future discussions regarding prompt payment for construction contracts. AMO Contact: Craig Reid, Senior Advisor, creid@amo.on.ca, 416.971.9856 ext. 334. TO THE IMMEDIATE ATTENTION OF OPP POLICED COMMUNITIES April 8, 2014 Dear Colleagues: The report of the OPP Billing Steering Committee will be released on Thursday, April 10. Watch for a notice to all OPP serviced communities and the link to the AMO website. In addition, we will be offering three webinars following the release of the report to provide an overview and to answer questions. The webinars will be this week -on Thursday the 101h from 3:30 to 4:30 p.m. and Friday the 11th from 12:30 to 1 :30 p.m. and again from 3:30 to 4:30p.m. Three webinars are being offered as we can only host up to 95 participants at one time. You will need to be in front of a computer to be able to access the webinar. Information on how to access the webinar will be provided prior to each session to those that are registered. HOW TO REGISTER: Send your preferred date and time to Evelyn Armogan at earmogan@amo.on.ca and she will send you the details for the webinar. Please confirm by end of day Wednesday for the Thursday session and by end of day Thursday for the Friday sessions. If you are not able to participate in a webinar, the material used will be posted on the AMO website early next week. Yours truly, R.F. (Russ) Powers President DISCLAIMER These are final versions of AMO documents. AMO assumes no responsibility for any discrepancies that may have been transmitted with the electronic version . The printed versions of the documents stand as the official record. Ministry of Community Safety and Correctional Services Office of lhe Minister Mlnlst6re da Ia Securlte communautalre at des Services correction nels Bureau de Ia mlnistre ~ 25 Grosvenor Streel 18'" Floor 25, rue Grosvenor 18"etage .oritano Toronto ON M7A 1Y6 Tel: 416-325-0408 Fax: 416-325-8087 Toronto ON M7A 1Y6 Tel. : 416-325-0408 Tetec. : 416-325-8067 MAR 2 5 2014 MC-2014-1262 His Worship John Lessif Mayor Town ofTillsonburg 200 Broadway Street, 2"d Floor Tillsonburg ON N4G 5A7 Dear Mayor Lessif: It was a pleasure meeting with you and Mr. Art Lawson, General Manager of the South Central Ontario Region -Economic Development Committee at the recent 2014 Rural Ontario Municipal Association/Ontario Good Roads Association (ROMAIOGRA) Conference in Toronto. The Town ofTillsonberg and the South Central Ontario Region-Economic Development Committee have been important in encouraging my ministry to make the current OPP billing model more fair and equitable and I want to acknowledge your participation in our various consultation efforts over the past year. The Ontario Provincial Police (OPP) and the Ministry of Community Safety ahd Correctional Services have heard from many of the OPP's client municipalities that the current billing model needs to be simpler, more transparent and fair for all. The Auditor General of Ontario in his 2012 report told us the current·OPP billing model is unfair and needs to change. His assessment is confirmed by the numbers -some m,unicipalities in Ontario ate currently paying Jess than $100 per household for OPP policing services and some are paying more than $1,000 per household -and all have access to the same level of service. This is clearly unfair. That is why we are changing the model to make it more equitable. We have been engaging municipalities for the past year to talk about a new way of billing for OPP police services. The proposed new model offers three major advantages: • It reduces the large differences in per household policing costs that we see between municipalities currently, • It ensures that everyone contributes to the base cost of policing; and, • It allows us to track and report on all reactive calls for service and provides a detailed breakdown to municipalities. This model encourages municipalities who have high crime rates and high calls for service to come together as a community and work on crime prevention. Please note the cost of municipal policing does not include the cost for OPP officers to carry out their: provincial duties, such as patrolling the provincial highways and waterways as well as service provided to unorganized territories. These are costs borne by the province alone. Our government has been committed to openness and transparency throughout this process. The results of our municipal engagement efforts are publicly available at: www.opp.ca. .../2 ----·····-------· Ministry of Agriculture and Food Ministry of Rural Affairs 4th Floor 1 Stone Road West Guelph, Ontario N1G 4Y2 Tel: 1-877-424-1300 Fax: 51 9 826-3398 Ministere de I' Agriculture et de I' Alimentation Ministere des Affaires rurales 4. etage 1 Stone Road West Guelph (Ontario) N1G 4Y2 Tel.: 1-877-424-1300 Telec. : 519 826-3398 Rural Programs Branch February 26, 2014 Steve Lund, Director of Operations Town of Tillsonburg 200 Broadway, 2nd Fl, Tillsonburg, ON N4G 5A5 slund@tillsonburg.ca Re: Small, Rural and Northern Municipal Infrastructure Fund - Capital Program (SRNMIF -CTL) , Dear Steve Lund: ('~ t > ~r-Ontario File Number: SRN-CTL-176 Thank you for your application under the Small, Rural and Northern Municipal Infrastructure Fund - Capital Program (SRNMIF -CTL). Following a detailed review of the application and supporting materials you submitted, we are writing to inform you that the project has not been selected for funding. All applications were reviewed, assessed and ranked based on the criteria as outlined in the program manual (section 5.2). The total funding requested far exceeds the $71 million that is available at this time, and as a result, not all applications can be funded . The Ministry of Rural Affairs and the Ministry of Infrastructure recognize the importance of helping small, rural and northern municipalities in addressing critical infrastructure needs and continue to work to develop options for a potential permanent fund to be considered in the 2014 Ontario Budget. Staff are available to provide additional details on your project's assessment, if requested. Should you have any questions, you are encouraged to call the contact centre at 1-877-424-1300 or email new- municipal-infrastructure@ontario.ca . Thank you for your interest in the Small, Rural and Northern Municipal Infrastructure Fund -Capital Program. Sincerely, Jennifer Bousfield Manager, Program Operations Good Things Grow in Ontario A bonne terre, bons produits Food land ONTARIO News Release Wanted: Producers to supply product to the SCOR Food Hub For Immediate Release 2014-03-31, TILLSONBURG-The South Central Ontario Region (SCOR) Food Hub is seeking farmers and food producers who are interested in being part of the SCOR Food Hub project. The demand for Ontario food has never been stronger, with consumers applying pressure on retail, institutional, and foodservice operators to have an increase of local and regional options available. In order to meet this demand at a competitive price, the SCOR Food Hub project is working to establish efficient and cost- effective ways of bringing more of Ontario's diverse, high-quality products to these markets. "The original strategic plan for SCOR identified Accessing the Marketplace as the top priority for local producers," says Art Lawson, General Manager of the SCOR Economic Development Corporation. "Continued growth and development of the region's strong agricultural sector through new market opportunities and adding value to regional products remains a top priority." While there has been a significant increase in the amount of local food being sold directly to consumers, the institutional market has been much more difficult to access. According to the research conducted by Dr. John Kelly, we have identified market potential for local food procurement by the Broader Public Sector to be in excess of $100 Million per annum. This includes hospitals, long term care facilities, universities, schools, and correctional facilities. Individual producers may have difficulty supplying large contracts, and navigating logistics and distribution barriers. Regional aggregators, often referred to as 'Food Hubs" are a viable option for providing efficient local and regional value chain linkages to small and medium producers and processors. Given market trends, these services are instrumental in getting smaller enterprises access to mainstream foodservice and retail markets. According to Bernia Wheaton, the Food Hub Project Manager, "We are now at a point where we would like to identify growers who are interested in supplying the SCOR Food Hub with locally grown product. This includes fruits, vegetables, meat fish and poultry, dairy and egg products, prepared foods, non- alcoholic beverages, and value added products suitable for institutional consumers." Once producers have been identified and a software system has been populated with available products, we can begin to respond to food procurement demands. South Central Ontario Region Economic Development Corporation (SCOR EDC) 4 Elm Street, Tillsonburg, ON N4G OC4, P: 519-842-6333 F: 519-842-7123 E: gm@scorregion.com www.scorregion.com www.scorbuslnessportal.com April 1, 2014 PC Party of Ontario Room 381, Main Legislative Building, Queen's Park Toronto, Ontario M7A 1A8 Attention: Tim Hudak Re: Briefing with Mayors' Coalition for Affordable, Sustainable and Accountable Policing Mr. Hudak, Thank you for making yourself available to discuss the very critical issue of unsustainable policing costs in Ontario. We further appreciate the high level team members of your caucus being present as it demonstrates your party's understanding of the importance expressed above. Your focus on arbitration and the need to reform this facet of policing costs is well placed. At the same time, we feel the issue is much more complex and involves an understanding of some key aspects: • The new OPP billing model was developed by the OPP and municipalities reacting to the dysfunctional billing model in place today, while addressing the Auditor General's recommendation to address the complexity and cost irregularity of the current billing model. The new mOdel corrects a deficiency that sees 116 municipalities over paying for the service and this is an important advancement. At the same time, this correction sees other municipalities share of costs increasing as a result and this transition needs to be mitigated. • There is a growing sense of concern that all the hard work and time in getting there could be sacrificed if the government of the day decides to start everything all over again. We would be opposed to that and look forward to building upon the work done today recognizing the need to get passed further delays and into getting relief ASAP; • Focus needs to shift to the actual cost drivers themselves as the new billing model simply reshuffles existing costs. For example, the current work has focussed on the $356 million dollars associated to municipal share of provincial policing costs while the overall cost of policing in Ontario is $3.8 billion; peter.politis@cochraneontario.com I www.mayorscoalition.com I 705-272-4361 ext 231 BigBrothersBigSisters of Ingersoll, Tillsonburg & Area Mentoring Programs and Services March 21, 2014 Mayor & Members of Council Town of Tillson burg 200 Broadway Street, 2nd Floor Tillsonburg, Ontario N4G SA7 Dear Mayor & Members of Council: Re: 2014 Municipal Grant On behalf of the Board of Directors, staff, volunteers and families of Big Brothers Big Sisters of Ingersoll, Tillsonburg & Area, we wish to express our sincere gratitude to the Council for their generous allocation of $3,000 to assist our organization in continuing to provide quality mentoring programs and services to the children within the community. Big Brothers Big Sisters continues to play a vital role in the community by fostering healthy, supportive mentoring friendships to the young people in the Tillsonburg area. Through these relationships, Little Brothers, Little Sisters and Mentees grow to become confident, happy, independent, healthy young men and women. Your ongoing support allows us to continue this program. Thank you once again for your donation and believing in what we dci. Yours in Friendship, a~ Deb Landon Executive Director Head Office & Mailing Address: 58 Thames Street South, Ingersoll, Ontario N5C 2T1 Phone: 519-485-1801 • Fax: 519-485-1805 ingtbur~@bigbrothersbigsisters.ca • www.sharethefun.org • CN: li8968478 Satellite Of/ice; 28 Brock St. West, Tillsonburg, ON N4G 2A2 ;.-Phone: 519-842-8542 • Mayor John Lessif Town of Tillsonburg 200 Broadway Street -2nd Floor Tillsonburg ON N4G 5A7 April 10 2014 Re: change to Tillsonburg Post Office Dear Mayor Lessif: CANADA POST 955 HIGHBURY AVENUE NORTH LONDON ON N5Y 1A3 This is to advise you that Canada Post is introducing our new Postal Service Centre model at the Tillsonburg Post Office. While the exact date is still to be determined, we expect to be operational within the next couple of months. Canada Post's lettermail volumes have declined more than 20 percent over the last five years, which has impacted our financial situation significantly. This new post office configuration will allow us to maintain service to customers while operating more efficiently. As well, we will implement an innovative parcel pick up solution. Postal box customers will have access to their parcels via secure parcel compartments inside the post office eliminating the need to wait in line at the counter. All of our most popular retail products and services will still be available. Our retail hours of operation will be Monday to Friday from 9:00a.m. to 5:00p.m. Please find enclosed a photo of a Postal Service Centre. Staff levels may change but no employee will lose his or her job as a result of this change. All collective agreements with our bargaining agents will be respected. With declining mail volumes and revenues Canada Post must make smart business decisions in order to maintain postal services while remaining financially self-sufficient. Postal Service Centres make good business sense -customers continue to be well served as Canada Post adjusts its retail business model to reflect business realities. If you require any additional information please contact me at 519-457-5282, via email at tom.creech@canadapost.ca or at the above address. Sincerely Tom Creech Officer-Delivery Operations Communications canadapost.ca postescanada.ca The Corporation of the Town of Tillsonburg Office of the Mayor April4, 2014 To the Attention of Members of Council, CAO, Clerk and Citizens-Town of Tillson burg This is to advise, effective April 30' 2014, I will be stepping down as Mayor. After much deliberation, I have made this decision for personal reasons related to my family. This has been an incredible journey serving proudly as the Mayor ofthe Town ofTillsonburg. It is an honour and privilege to have served with pride the Town ofTillsonburg in this capacity. During my lifetime, my family has always been a number one priority in the decisions I have made over the years. It is no different today, thus I am listening to the "voices" around me. Thank you to those who expressed their confidence by electing me to this high Municipal office, my appreciation is extended to the staff in our community who deliver the high level of service funded by the taxpayer and to members of Council for the collective efforts to move Tillson burg forward during the last 31/2 years. I have given it my best each day and have no regrets, Title: Report No.: Author: Meeting Type: CounciVCommittee Date: Attachments: STAFF REPORT CLERKS OFFICE VACANT SEAT ON COUNCIL CL 14-09 DONNA WILSON COUNCIL MEETING APRIL 14, 2014 APPENDIX A-EXCERPT-MUNICIPAL ACT, 2001, VACANT SEAT MUNICIPAL ELECTIONS ACT, 1996, BY ELECTION RECOMMENDATION THAT Council receives Report CL 14-09 Vacant Seat on Council as information. EXECUTIVE SUMMARY The purpose of this report is to provide information concerning requirements under the Municipal Act and the Municipal Elections Act regarding vacant seats of Council. BACKGROUND Mayor John Lessif provided the Town Clerk with a letter of resignation as Mayor of the Town of Tillsonburg effective April30, 2014. The Municipal Act, 2001, sets out a number of ways that the office of a member of council of a municipality becomes vacant. In this case, if the member; • Resigns from his or her office and the resignation is in writing and filed with the clerk of the municipality • Is appointed or elected to fill any vacancy in any other office on the same council. The Act states that the council of the municipality shall at its next meeting declare the office to be vacant and if the resignation creates a dual vacancy as the member of Council is also a member of the upper-tier Council, then the municipality must forward a copy of the declaration to the council of the upper-tier municipality, as that seat will also become vacant. The Municipal Act, 2001, also establishes alternatives and rules for filling a vacant council seat. Following a declaration of vacant office, there are two ways to fill a vacancy: by appointment, or by-election. CAO PROCESS OPTIONS Fill the vacancy by appointing a qualified person to hold the office of Mayor. This must take place within 60 days of the vacancy being declared. (July 11, 2014) The process for making an appointment is not prescribed. Typically one of two proccess has been followed in Ontario. (1) Council appoints a qualified person who has consented to fill the office. This can be done through recommendations, nominations or simply by offering the position to the next runner up from the previous Municipal Election. Council may choose to appoint a current member of Council to fill the vacancy. (2) Council invites applications and appoints in accordance with a process. The process varies between municipalities, a common practice is to have all interested qualified persons submit an application and address Council. After hearing the addresses, Council takes a vote and makes the appointment. Once the position of Mayor has been filled there may be a vacant councillor position which also must be filled as the vacancy will occur prior to 90 day before voting day. (Municipal ActS 263(5(3)) Council may choose to offer the position to the next runner up from the 2010 Municipal Election or Council may choose to post an ad in the Tillsonburg News and on the Town's website to invite persons interested in the Councillor position to apply through the Town Clerk. Appendix "B" attached to this report sets out a process that would be completed within the 60 day time frame allowed to fill the vacancy. The matter to declare the vacancy for the office of Mayor shall come before Council at the meeting on May 12, 2014 and the appointment shall come before Council within 60 days of the declaration. POTENTIAL TIME LINE DATE ACTION May 12,2014 Council declares Mayor seat vacant and 60 day period commences. Position must be appointed by July 11, 2014. Council could appoint the vacant Mayor seat at this meeting if they wish. May 26,2014 Council appoints a current member of Council or a member of the public to fill the Mayor Seat. June 9, 2014 Council may need to declare a vacant seat of Council. Position must be appointed by August 8, 2014. July 14, 2014 Council appoints to fill vacant seat of Council. July 29, 2014. Vacant position of Council not required to be filled due to less than 90 days to the next municipal election. 3 CAO ) Municipal Act, 2001, S.O. 2001, CHAPTER 25 Vacant seat 259. (1) The office of a member of council of a municipaliti becomes vacant if the member, (a) becomes disqualified from holding the office of a member of council under section 256, 257 or 258; (b) fails to make the declaration of office before the deadline in section 232; (c) is absent from the meetings of council for three successive months without being authorized to do so by a resolution of council; (d) resigns from his or her office and the resignation is effective under section 260; (e) is appointed or elected to fill any vacancy in any other office on the same council; (f) has his or her office declared vacant in any judicial proceeding; (g) forfeits his or her office under this or any other Act; or (h) dies, whether before or after accepting office and making the prescribed declarations. 2001, c. 25, s. 259 (1). Dual vacancies ill If one of the offices of a person who is a member of council of both a local municipality and its upper-tier municipality becomes vacant under this section, the other office also become vacant. 2001, c. 25, s. 259 (3). Resignation as member 260. (1) A member of council of a municipality may resign from office by notice in writing filed with the clerk ofthe municipality. 2001, c. 25 , s. 260 (1). Restriction ill Despite subsection (1 ), a resignation is not effective if it would reduce the number of members of the council to less than a quorum and, if the member resigning from office is a member of the councils of both a local municipality and its upper-tier municipality, the resignation is not effective if it would reduce the number of members of either council to less than a quorum. 2001, c. 25, s. 260 (2). Declaration 262. (1) If the office of a member of a council becomes vacant under section 259, the council shall at its next meeting declare the office to be vacant, except if a vacancy occurs as a result of the death of a member, the declaration may be made at either of its next two meetings. 2001' c. 25, s. 262 (1). Lower-tier declaration ill If a local municipality declares the office of one of its members who also holds office on the council of the upper-tier municipality to be vacant, the local municipality shall immediately forward a copy of its declaration to the council of the upper-tier municipality. 2001 , c. 25, s. 262 (3). Municipal Elections Act, 1996, S.O. 1996, CHAPTER 32 By -elections 65. ( 1) The clerk shall conduct by-elections in accordance with this section. 1996, c. 32, Sched., s. 65 (1 ). No by-election after March 31 in year of regular election ill Despite any Act, no by-election shall be held to fill an office that becomes vacant after March 31 in the year of a regular election and no by-election shall be held with respect to a question or by-law after March 31 in the year of a regular election unless it is held in conjunction with a by-election for an office. 1996, c. 32, Sched., s. 65 (2); 2002, c. 17, Sched. D, s. 24 (1 ). STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES Report Title: Report No.: Authors: Meeting Type: Council Date: Attachments: RECOMMENDATION: A & W Noise -Sound Barrier and MOE Investigation DCS 14-13 Lisa VanderWallen Geno Vanhaelewyn COUNCIL MEETING APRIL 14, 2014 -DEFERRED FROM COUNICL MARCH 10, 2014 DCS 13-77, SOUND BARRIER QUOTATION GUIDELINES, MOE CORRESPONDENCE THAT council receives "DCS 14-13 A & W Noise -Sound Barrier and MOE Investigation" report as information. EXECUTIVE SUMMARY: As presented to council in report DCS 13-77: in 2013, the A & W restaurant on Broadway Street converted the hours of its drive thru to 24 hour operation, prompting citizens living on Allen Street to complain to Town staff about noise related issues and various concerns for their properties. Proposed solutions in report DCS 13-77, presented to council in October of 2013, suggested that: "a noise barrier fence has been proposed and is currently being investigated by Town staff; and a referral has been made to the Ministry of the Environment (MOE)". Following up from the October 2013 report, the purpose of this submission is to update council on findings from a noise investigation from the MOE and elaborate on noise barrier fence options. Council also requested that this report include information on revising the noise by-law to determine if an amendment is possible and asked staff to contact the Police Services Board for addressing OPP patrolling of the area. RESULTS FROM MINISTRY OF ENVIRONMENT INVESTIGATION: Requested by the Town By-law enforcement officer, MOE Environmental Officer Pawel Kucharski met with a complainant from Allen Street and conducted an investigation. Admitting that MOE investigations are limited to only dealing with stationary sources and cannot limit the noises from transportation corridors, Mr. Kucharski conducted readings and recorded observations at the A & W site on December 11, 2013. The complainant's request that the MOE return to do tests in the summer to measure noises from customers in the Page 3 I 3 CAO STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: Noise Issues - A & W and Allen Street Citizens DCS 13-77 LISA VAN DERWALLEN COUNCIL MEETING OCTOBER 15, 2013 MINUTES FROM JULY 16 2013 MEETING MINUTES FROM AUGUST 13 2013 MEETING THAT council receives DCS 13-77 Noise Issues - A & W and Allen Street Citizens report as information. EXECUTIVE SUM MARY Town staff has received various complaints from citizens of Allen Street about noise issues as a result of the recent conversion to 24-hour drive thru at the Broadway Street A & W restaurant. DCS 13-77 summarizes for council, the results of the complaints and subsequent attempts at resolution. BACKGROUND In the spring of 2013, the A & W restaurant on Broadway Street converted the hours of its drive thru from 7am -11pm to 24 hour operation. Since this transition, citizens living on Allen Street, located behind the restaurant, have complained to Town staff about noise related issues and various concerns for their properties, as they see the 24 Drive Thru as disruptive. Management from A & W, citizens from Allen Street, and Town Staff met on July 16th 2013 and August 13th 2013 to share concerns and have attempted to find solutions. On top of meeting with all involved parties, Town staff has investigated all bylaw complaints made to the office. Noise Bylaw Issues: Brought first to the attention of the municipal bylaw enforcement officer, the first noise bylaw complaints in the spring of 2013 included a few specific issues which warranted investigation. A complaint about the dumpsters being emptied too early on April 26th 2013 led to an investigation into the waste removal contractor who assured Town officials that the contractor's GPS-tracked vehicles showed that the dumpster was emptied in error too A & W Restaurant Response: At meetings with Town staff and Allen Street citizens, A & W provided a response to the various concerns. A & W affirmed its commitment to being good neighbours in the community. The transition to 24 hour drive thru occurred in an attempt to generate more business for the restaurant and the company claims that remaining open 24 hours is profitable, and unlikely to change. A & W says that the restaurant sees about 250 cars during the overnight during an average week, the majority of which are shift workers coming in late to get food during their lunch breaks. A & W has conferred with their corporate offices to find solutions and have offered to post signs reminding people to be quiet and conscious of the neighbours nearby. The volume of the speaker box has been turned down and A & W has assured Town staff that the staffing at night are mature and have been given additional training for special late night issues which may arise. Proposed Solutions: Looking to find a resolution, meetings in July and August facilitated by Town staff have allowed conversation between complainants and the restaurant. The request for the restaurant to move to original drive thru operating hours (7am -11pm) has been rejected by A & W and 24 hour operation will resume. Proposals for further changes to the call box will likely not be sufficient for resolving the overall problems. A noise barrier fence has been proposed and is currently being investigated by Town staff. A referral has been made to the Minister of the Environment and Oxford County OPP have been involved throughout the entire investigation. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature Lisa VanderWallen David Calder Page 3 I 3 Date: September 19, 2013 Date: September 27, 2013 Date: CAO Sound Barrier Quotation Guidelines: In the spring of 2013, the A & W restaurant on Broadway Street converted the hours of its drive thru from 7am -11pm to 24 hour operation. Since this transition, citizens living on Allen Street, located behind the restaurant, have complained to Town staff about noise related issues and various concerns for their properties, as they see the 24 Drive Thru as disruptive. Management from A & W, citizens from Allen Street, and Town Staff met on July 16th 2013 and August 13th 2013 to share concerns and have attempted to find solutions. On top of meeting with all involved parties, Town staff has investigated all bylaw complaints made to the office. Considered as an option to mitigate the noise, a sound barrier fence system could be installed behind the restaurant and this report will serve as a guideline for different options. Ministrv of Environment Standards: In their October 1997 report, "Noise Assessment Criteria in Land Use Planning: Requirements, Procedures and Implementation", the MOE has some recommendations as to the effective implementation of Noise Barriers. Outlined in section 5.1.1 of the report the MOE states: If a barrier is used as a noise control measure, its height must be such that the line of sight between the source and the receiver is obstructed. It is required that the surface density of the noise barrier be a minimum of 20 2 kg/m . It is further required that the barrier be designed and constructed without cracks or gaps. Any gaps under the noise barrier that are necessary for drainage purposes must be minimized and localized, and must not deteriorate the acoustical performance. Consultation with different installers of sound walls confirms that a major strategy for noise mitigation includes separating the sight line with a barrier wall. For the application required for A & W, the sound barrier would have to intersect the sight line between the bedroom windows of the Allen Street citizens and the drive through lanes, with emphasis on the call box area. Experience From Other Municipalities: The Mississauga Planning and Building department established design reference notes for drive thru which was approved by council January 30th 2008. The guidelines say, that "where lanes require noise mitigation, noise barriers adjacent to a residential zone should be maximum height of 2.4 m (7.9 ft.) to minimize the visual impact." The guidelines go on to say that "a combination berm/noise barrier is an acceptable solution in circumstances where a 2.4 m (7.9 ft.) noise barrier does not provide adequate noise mitigation." Mississauga's guidelines highlight the difficulty in installing barriers that work to block the noise yet are still visually attractive. 593 Broadway-A&WNoise Complaint Kucharski, Pawel (ENE) to: Kathleen Musselman!Tillsonburg (KMusselman@tillsonburg.ca) 23/12/2013 12:23 PM Cc: Geno Vanhaelewyn/Tillsonburg, "Slivar, Bob (ENE)" Hide Details From: "Kucharski, Pawel (ENE)" <Pawel.Kucharski@ontario.ca> To: "Kathleen Musselman/Tillsonburg (KMusselman@tillsonburg.ca)" <KMusselman@tillsonburg.ca>, Page 1 of2 Cc: Geno Vanhaelewyn/Tillsonburg <GVanhaelewyn@tillsonburg.ca>, "Slivar, Bob (ENE)" <Bob.Slivar@ontario.ca> History: This message has been forwarded. Good morning Kathleen, One Wednesday December 11, 2013 I conducted some noise readings backyard. Prior to conducting the readings I sat down and spoke with-I informed him that I the MOE does not typically deal with sounds from fast food restaurants. His biggest concerns which he repeated many times were the individuals who were in the parking lot at late hours and the vehicles with load exhausts ordering in the drive-thru. His concern with the speaker seemed to be lesser of a concern. He was adamant that I do readings in the summer when all the high school kids hang out in the parking lot and when there are more loud vehicles passing through. I informed him that we do not regulate noisy people, mobile equipment and speakers for a drive-thru, and that responsibility is with the city by-laws and planning. After conducting a number of tests, I came to the conclusions that the only exceedance in noise levels that I observed was when loud vehicles drove past on Broadway (18 wheelers, 4x4's) and when- -forced air furnace exhaust came on. I also conducted readings only when vehicles were in the drive-thru. The three vehicles that I did readings on resulted in noise levels less than 45 dB which included the motor running, the speaker, and person to person conversation at the window. During the readings I stood nearby the whole time and actually noticed that the window attendant speaking in person to the driver at the window was equally as loud as the conversations held at the speaker. MOE does not have any authority to deal with noises from transportation corridors, i.e., railways and roadways (including off-site haul routes); occasional movement of vehicles on the property such as delivery of goods to and the removal of goods/refuse from convenience stores, fast food restaurants and similar commercial facilities, etc.; and parking lots for private passenger vehicles at offices or commercial facilities such as retail stores, plazas or shopping malls, or employee parking lots at industries and commuter parking lots, noise resulting from gathering of people at facilities such as restaurants. I hope some of this information is helpful moving forward. If you have any questions, please do not hesitate to contact me. I will inform-.,f my observations and will be recommending to close the file. file:/ //C:/U sers/ gvanhaelewynl AppData/Local/Temp/notesF 19128/-web4 770.htm 04/03/2014 STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: Clean Yard By-Law DCS 14-17 Geno Vanhaelewyn, Chief Building Official COUNCIL MEETING APRIL 14, 2014 • Current Clean Yard By-Law 2996 • Table of Proposed Changes • Proposed Clean Yard By-Law 3810 THAT Council receive Report DCS 14-17 Clean Yard By-Law for information; and AND THAT Clean Yard By-Law 3810 to regulate and prescribe standards for the maintenance of lands in the Town of Tillsonburg be brought forward for Council consideration. EXECUTIVE SUMMARY The Town's current Clean Yard By-Law 2996 was last reviewed and adopted by Municipal Council in 2002. Since this time the by-law has performed very well, however, there have been changes in legislation which has precipitated the need for this by-law update. As with other by-law reviews, staff updated definitions, organization and layout of the by-law. The principal purpose and intent of the Town's Clean Yard By-Law is to provide the minimum standard in regard to yard maintenance which applies to all properties. By- Law enforcement staff report that the highest numbers of complaints affect residential zoned lands. On average, by-law enforcement responds to 116 clean yard complaints annually with the top complaints rising from grass cutting, garbage/waste, and inoperable motor vehicles. The proposed by-law includes the following improvements/changes: references proper legislation -definitions updated and added for improved clarity CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 2996 BEING A BY -LAW TO ESTABLISH STANDARDS FOR THE MAINTENANCE OF LANDS IN A CLEAN AND CLEAR CONDITION WHEREAS, the Municipal Act, R.S.O. 1990, Chpt. M.45, Section 210 paragraphs 80,82, 131, 135 and 136 authorizes the council of municipalities to pass by-laws for prescribing standards for the maintenance oflands in a clean and'clear condition; AND WHEREAS it is deemed expedient to establish standards for the maintenance of lands in the TOWN OF TILLSONBURG. NOW THEREFORE the council of The Corporation ofthe Town ofTillsonburg enacts as follows: Definitions 1. In this by-law (a)"Town" means the Corporation of the Town ofTillsonburg; (b) "Construction waste" includes every and all material used for residential, commercial and industrial construction. The term construction waste does not include material with a designated use. Designated use is defined as material to be utilized in the project within 30 days of such items arrival at the construction site. Construction waste shall not include any material for which the by-law officer has specifically exempted, with reference to this by-law, in any sub- division agreement. Construction waste shall not include any material for which the Town has specifically exempted in writing. (c)" Domestic waste" means any article, thing, matter or any effluent belonging to or associated with a house or household or concerning or related to the home or family that appears to be waste material; and for greater certain, but not so as to restrict the generality of the foregoing tenns of the clause, it is hereby that domestic waste extends to the following classes of waste material: i. Accumulations, deposits, leaves, litter, remains, rubbish, trash, and dead branches; n. Refrigerators, freezers, other household appliances, or any parts thereof; iii. Furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks, or plumbing fixtures; iv. Inoperative motor vehicles; trailers, vehicle parts and accessories; v. Paper, cartons, fabrics and carpets; vi. Furniture; vii. Crockery; viii. Sewage By-law No. 2996 Clean Yard By-law -3- (k) "Person": means an individual, firm, proprietorship, partnership, association, syndicate, trust, corporation, department, bureau, and agency; (I) "Private drain": means a drain or sewer or part thereof situated on private property; (m) "Refuse" has the same meaning as waste material; (n)"Sewage" includes any liquid waste containing human, vegetable, animal or mineral matter, waste that is in suspension whether domestic or industrial or any other waste whether in suspension or precipitated, but does not include roof water or storm run-off; (o) "Waste material," means material or effluent that, in the opinion of the By-Law Enforcement Officer. ( 1) Appears to have been cast aside or discarded or abandoned; or (2) Appears to be worthless or useless or of no practical value; or (3) Appears to be used up, in whole or in part, or expended or worn out in whole or in part. (4) Appears to be a hazard or be physically dangerous to a person who would reasonably be expected to use the property, traverse the area near the property or neighbors to the property. Physical danger includes risk, even if such risk is small, to the persons health by way of biological or environmental danger. "Use of Property'' includes persons who are reasonably expected to be on the property whether they are invited or not. By-Law Regulations: 2. (I) Every owner shall keep his or her grounds, yard or vacant land, filled up, drained clean or cleared up. (2) Every owner shall keep in repair his or her private drain. (3) Every owner shall alter or relay the private drain as may be required by the By- Law Enforcement Officer. (4) For the purpose of subsection 2(1) "clean or cleared up" includes the removal, trimming, or cutting of weeds, grass, or ground cover more than eight (8) inches in height. 3. No person shall throw, place or deposit refuse or debris on private property without the written authority of the owner or occupant of the property. 4. Every owner shall provide for the sanitary disposal of sewage and drainage from his or her land or buildings. 5. (1) Except as provided in section 3 and in subsection 5(4) every owner shall keep his or her land free and clear of all garbage, refuse, domestic, industrial, construction waste or waste material of any kind. (2) No person shall use any land or structure within the limits of Town of Tillsonburg for dumping or disposal of garbage, refuse, domestic, industrial, construction waste or waste material of any kind. By-law No. 2996 Clean Yard By-law -5- (2) The notice will state: (a) They have 10 days or such longer time as provided in the notice (b) They must comply within the notice period otherwise the work will be done ,by the Town, with the cost sought from the owner of the material and/or the owner of the land; (c) The cost will be added to their municipal taxes; and, (d) The notice will be served personally or to the last known address of the property and owner of the material. (2) Every notice sent by the By-Law Enforcement Officer shall identify the land of structure. (3) Every notice to an owner may be sent to the address shown on the last assessment roll or to the known address. 8. (I) Where an By-Law Enforcement Officer believes on reasonable grounds that this by-law is being contravened, the By-Law Enforcement Officer may, at all reasonable times and upon producing proper identification, enter and inspect the use of any land or structure for the purpose of determining whether, (a) The land or structure is used for dumping or disposing of garbage, refuse, domestic, industrial or construction waste and waste material of any kind; (b) The land or structure is used for the storing or used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts thereof for sale or disposal; (c) The owner has complied with any notice sent by the By-Law Enforcement Officer. (d) The lands Conform to this By-Law in all respects (2) Every owner shall permit The By-Law Enforcement Officer to inspect the land or structure for the purpose of subsection I. (3) An By-Law Enforcement Officer shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused and entry made only under the authority of a search warrant. 9. ( 1) Where the owner is in default of doing the matter or thing required to be done under this by-law, the By-Law Enforcement Officer may, without further warning and after the expiry of the period of time set out in the Notice and reasonable belief of the by-law officer that the default continues; (a) fill up, drain or clear up the grounds, yard or vacant land; (b) repair the private drain or alter or relay the private drain; (c) Remove refuse or debris (d) provide for the sanitary disposal of sewage and drainage; (e) Remove garbage, refuse or domestic, industrial, construction waste or waste material; I Proposed Changes to Tillsonburg Clean Yard By-law Section in Proposed By-law Limitations of Current By-Law Proposed Changes to Address Limitations Section 1: Scope of By-law No provisions in current by-law Proposed by-law has included this for admin and layout Current bylaw has 15 definitions. Proposed bylaw has nearly 21 definitions with clear and concise wording. Section 2: Definitions and Interpretation Without clear definitions, Clear definitions will help with the public interpretation was challenging, understanding and clarity. and outdated. Current bylaw outlines This section has been condensed to provide Section 3: General Standards regulations and standards. But it more clarity, and improved readability, is unclearly titled, repetitive and layout and organization. confusing. This section has been included in the revised by-law, due to complaints/concerns Section 4: Naturalized Area No provisions in current by-law. the differences between weeds or a naturalized area. Starting to see more naturalized areas, since the provincial pesticide controls and bans. Revised bylaw has clearly marked section Current by-law does have section for composting, with specific restrictions. Section S:Composting regarding composting, but is not Prohibitions have been expanded on, to clearly marked, and it required include compost must be covered at all updating. times in residential areas, it must be contained, it must take place in the rear yard of any property. This section has been included due to the amount of complaints we have received Section 6: Standing Water No provisions in current by-law regarding this issue. Also to help protect and educate our citizens about the West Nile Virus This section in the current by-law Revised by-law has a clearly marked section Section 7: Administration was outdated and missing clauses for Administration. It is easy to read and which are required. understand. This section is not clearly marked This section has been condensed to allow Section 8: Enforcement and the layout and readability is for improved understanding difficult. Sections 9 -12: Penalty, Current by-law does include Expanded from current bylaw to include Severability, Repeal, Effective Date these clauses, but is not clearly standard by-law wording for penalty, marked in a section. severability, repeal, and effective date. THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3810 A BY-LAWto establish and maintain clean and clear lands and to repeal by-law 2996. WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person, for the purpose of exercising its authority under this or any other Act; WHEREAS Section 11 (3) of the Municipal Act, 2001, S.O. 2001, c.25 states that a lower-tier municipality may pass by-laws, respecting matters within certain spheres of jurisdiction; AND WHEREAS Council may pass by-laws under the following provisions of the Municipal Act as amended; AND WHEREAS Section 127 of the Municipal Act 2001, S.O. 2001, c.25, as amended, permits a municipality may pass by-laws requiring a owner or occupant of land to clean and clear the land, not including buildings, or to clear refuse or debris from the land, not including buildings and for regulating when and how such matters shall be done, for prohibiting the disposal of refuse or debris on land without the consent of the owner or occupant of land and for defining "refuse"; AND WHEREAS Section 391 (1) of the Municipal Act, 2001, S.O. 2001 c. 25 states that section 11 authorizes a municipality to impose fees or charges on persons, for services or activities provided or done by the municipality. AND WHEREAS section 446 of the Municipal Act 2001, S.O. 2001, c. 25 as amended provides that if a municipality has the authority under this or any other Act or under a by-law under this or any other Act to direct or require a person to do a matter or thing, the Municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person's expense and the Municipality may recover costs of doing a matter or thing from the person directed or required to do it by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: SECTION 1 SCOPE OF BY -LAW 1.1 SHORT TITLE This By-law and any amendments thereto shall be known as the ''Tillsonburg Clean Yard By-law." 1.2 INTENT AND SCOPE The purpose of this By-law is to: establish and maintain lands in a clean and clear condition, within the corporate limits of the Town of Til/sonburg. c) in a state of disrepair or unslightly by reason of missing door, glass or body "DWELLING UNIT" means a suite of two or more rooms, designed or intended to be used for human habitation and to accommodate a single household, in which sanitary conveniences and cooking facilities are provided and which has a private entrance either from the outside of the building or through a common hallway "GARBAGE" has the same meaning as waste material "HIGHWAY" shall have the same meaning as the Highway Traffic Act, RSO 1990, c.H.8, as amended, and shall include a common and public highway, street, parkway, driveway, square, place, bridge, viaduct, or trestle, any part of which is intended for, or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof "INDUSTRIAL WASTE" means any article, thing, matter or any effluent belonging to or associated with industry or commerce or concerning or relating to manufacture or concerning or relating to any trade, business, calling or occupation that appears to be waste material "MOTOR VEHICLE" includes an automobile, a motorcycle, a motor-assisted bicycle unless otherwise indicated in the Highway Traffic Act, RSO 1990, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other motor vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a road-building machine "NATURALIZED AREA" means a landscape area that has been deliberately implemented to produce ground cover which consists of one or more species of wildflowers, annuals, perennials, shrubs and grasses or a combination thereof "ORDER" mean the written order as set out in Section 8 of this by-law "OWNER" means a registered owner of land, or any person in control of land, including a lessee or an occupant thereof "PERSON" means an individual, firm, proprietorship, partnership, association, syndicate, trust, corporation, department, bureau, and agency; and includes an owner "PRIVATE DRAIN" means a drain or sewer or part thereof situated on private property "REFUSE" has the same meaning as waste material "SEWAGE" includes any liquid waste containing human, vegetable, animal or mineral matter, waste that is in suspension whether domestic or industrial or any other waste whether in suspension or precipitated, but does not include roof water or storm run-off "STANDING WATER" means any water, other than a natural body of water that exist on a permanent basis or contained within a municipally owned storm water management facility, that is found either on the ground or in waste as defined in this by-law, but shall not include any of the following maintained in good repair and working condition; swimming pool, hot tub, wading pool, drainage swale or artificial pond "TOWN" means the Corporation of the Town of Tillsonburg "WASTE MATERIAL" means material or substance that is unusable or unwanted effluent that, 3 SECTION 4 NATURALIZED AREA 4.1 All naturalized areas must be in accordance with the following requirements: i. Any naturalized area on their land does not encroach above or onto any adjacent property ii. Where any naturalized area on their land is located within a sight line triangle, as defined by the Zoning By-law, such naturalized area complies with the maximum height regulations in the Zoning By-law respecting site triangles iii. No fill shall be allowed to remain in an unleveled state on any property longer SECTION 5 than 10 days (10) days unless the property is: a. A property on which a building permit or is in effect b. A property being subdivided under subdivision agreement with the Town c. Property upon which material is being stored with the approval of the Town of Tillson burg in connection with a public works contract d. Zoned for such use as per the Town of Tillsonburg's Zoning By-law COM POSTING 5.1 All com posting shall be carried out by the owner/tenant of the land in accordance with the following requirements: i. Composting shall take place only in a container, pile or digester ii. Com posting shall take place in the rear yard of a property iii. Com posting shall be set back at least 0.6 meters (2 feet) from any property line iv. The composting shall not take place within a swale v. The com poster or compost pile shall be no larger than 4.5 cubic meters, in a residential zone or abutting a residential zone. vi. A compost container or pile must be covered at all times, in a residential zone or abutting a residential zone, except when being emptied, or filled. vii. Organic materials placed in composter shall be kept covered with yard waste, soil, or humus. viii. The compost shall emit no offensive odor and it shall not be allowed to attract or harbour any vermin ix. The composting shall take place on the property of the person owning, having charge of or harboring the com poster or compost pile SECTION 6 STANDING WATER 6.1 No person shall keep a swimming pool, hot tub, wading pool, or artificial pond unless it is maintained in good repair and working condition. 5 i. the section that is in contravention of the by-law ii. the location/address of the contravention iii. reasonable particulars of the contravention iv. the work to be completed v. the date by which the work must be completed (minimum 10 days will be provided) Where an owner contravenes an Order the officer may without any further notice cause the work to correct the contravention to be done at each owner's expense. Without limitation, the officer may retain such persons to assist in completing the work as the By-law Enforcement Officer determines appropriate. All costs incurred by the Town in relation to such work may be recovered by the Town by being added to the tax roll and collected in the same manner as property taxes. An administrative fee will also be added as per the annual Rates and Fee By-law. SECTION 9 PENALTY Each person who contravenes any provision of this by-law is guilty of an offence. A person convicted of an offence contrary to a provision of this by-law in a proceeding commenced under Part Ill of the Provincial Offences Act, R.S.O. 1990, c. P.33, is liable to a fine of no less than five hundred dollars($500.00), and no more than Ten Thousand Dollars ($10,000) for each day or part of a day on which the offence occurs or continues provided that the total of all daily fines for the continuing offence shall not exceed One Hundred Thousand Dollars($1 00,000). A person convicted of an offence contrary to a provision of this by-law in a proceeding commenced under Part 1 of the Provincial Offences Act, R.S.O. 1990, c. P.33, is guilty of an offence and on conviction is liable to a fine as provided in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. SECTION 10 SEVERABILITY Where a court of competent jurisdiction declares any section or part of a section of this by-law invalid, the remainder of this by-law shall continue in force unless the Court makes an order to the contrary. SECTION 11 REPEAL THAT By-Law No. 2996 is hereby repealed in its entirety. SECTION 12 EFFECTIVE DATE THAT this By-Law shall take effect on the date of its final passage by the Town's Council. 7 STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES Title: SIGN BY-LAW Report No.: DCS 14-14 Author: Geno Vanhaelewyn, Chief Building Official Meeting Type: COUNCIL MEETING Council/Committee APRIL 14, 2014 Date: Attachments: • Red lined By-Law Changes (from 1st & 2"d reading) • Proposed Sign By-Law 3798 (for 3rd reading) • Proposed Fees for Rates & Fees By-Law RECOMMENDATION THAT Council receive Report DCS 14-14 Sign By-Law for information; and AND THAT Sign By-Law 3798, to regulate signs and other advertising devices of a commercial nature in the Town of Tillson burg be brought forward for Council consideration. EXECUTIVE SUMMARY This is a follow up report to Report "DCS 14-09 Sign By-Law" presented to Council on February 27, 2014. Sign By-law 3798 received first and second readings with the requirement that staff review the following two items: 1. The restrictive requirement for A-Frame signs on commercial properties - restricting this type of signage to one only may cause hardships for some commercial businesses. 2. Council also suggested that staff review the fees and the fine structure to ensure they are in line. During this time staff also completed some further consultation with the Real Estate Board and have included some further recommendations and changes to the by-law in this regard. 1/5 DCS 14-14-Sign By-Law CAO signs in the past and 86% felt that A-Frame signs catch their attention and encourage them to attend a business. In general, most respondents (70%) did not feel that too many A-Frame signs cause distractions. 25% did agreed that when they are not organized and 20% agreed that if there are too many signs, A-Frames can create a cluttered look. Ultimately, survey respondents were asked how many A-Frame signs they would require and 69% of respondents indicated that one A-Frame sign per business was sufficient. Other responses showed that 9% recommended zero A-Frame signs, 15% required two A- Frame signs and only 5% required three A-Frame signs per business. In consideration of the above findings while maintaining a level of organization and public safety staff updated the attached by-law to include the following recommendations: -"Sidewalk Signs" located on the municipal sidewalk to remain the same with a limit of one per building storefront due to potential liability; -"A-Frame" or "Sandwich Board" signs located on private property are amended from one per property to read one per business with a maximum of two signs per property in the case of multiple businesses per property. Properties that front onto multiple streets are permitted signage on each street frontage. So corner lots could place two signs per business or four signs in the case of multiple businesses. As a general note, the Tillsonburg Zoning By-Law permits "Outdoor Display and Sales Areas" which is an area set aside out of doors to be used in conjunction with an established use or business for the display or sale of goods or merchandise. This is permitted in all commercial zone categories within 1.2 meters of a lot line but must not interfere with parking areas, sidewalks for pedestrian movement or sight triangles. These permitted display areas (ie. propane cylinder exchange, ice storage, oil/washer fluid sales, etc.) typically incorporate some form of signage which is not restricted by the Sign By- Law. 2. Fees and Fine Structure The fees and fine structure was reviewed by staff and clarification related to this area. The inquiry by Council was understood by staff that there could be possible interpretation or confusion by the public to which avenue they could opt to choose related to compliance -for example; removal fee or fine option. Base on enforcement of this by-law the by-law enforcement officer would select the appropriate avenue to gain compliance with the by- law. In most cases by-law enforcement provides the option of voluntary compliance though communication. In the instances where compliance is not obtained through communication or there is an immediate safety concern, signage may need to be removed immediately or a fine issued. The individual situation will determine the path of compliance. Compliance is driven by by-law enforcement staff and is not an option for the person(s) who contravene the provisions of the by-law. When a path is chosen (removal fee or fine) only one of the two paths to gain compliance are used; not both. 3/5 DCS 14-14-Sign By-Law CAO Residential & Entrepreneurial Zones/Uses Allowed: one per lot frontage*. AREA: 1.11 m2 (12 sq.ft) * In the case of a co-listing 2 signs are permitted. Industrial & Future Dev. Zones/Uses Allowed ette per lot frontage -AREA: 12.0 m2 (129.17 ft2) Commercial & Institutional Zones/Uses Allowed ette per lot frontage -AREA: 6.0 m2 (£-6. 4.58 ft2) Central Commercial Zone Allowed one per lot frontage/unit AREA: 3.0 m2 (32.29 ft2) /1.11 m2 (12 ft2) FINANCIAL IMPACT /FUNDING SOURCE The proposed fees to administer this updated by-law are attached as a schedule to this report noted as "Proposed Sign By-Law Fees". These fees are captured in the Rates and Fees By-Law which will require an amendment to reflect these proposed changes. The Clerk will bring forth these proposed fees in a separate report upon the final approval of this by-law. Following council approval of this by-law, staff will seek to have short form provincial offences fines set and approved by the court, so that enforcement officers have an option to issue fines if required. These proposed fines are attached to this report in the schedule noted as "Proposed Sign By-Law Fines". APPROVALS Author Name/Signature Geno Vanhaelewyn DATE: APR. 02/14 Director Name/Signature Finance Name/Signature DCS 14-14-Sign By-Law David Calder (Acting) Darrell Eddington 5/5 DATE: APR. 07/14 DATE: APR. 04/14 CAO THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3798 BEING A BY-LAW TO PROHIBIT OR REGULATE SIGNS AND OTHER ADVERTISING DEVICES AND THE POSTING OF NOTICES WITHIN THE TOWN OF TILLSONBURG WHEREAS Section 11 (3) of the Municipal Act, 2001, S.O. 2001, c.25 states that a lower-tier municipality may pass by-laws, respecting matters within certain spheres of jurisdiction, including structures, fences, and signs. AND WHEREAS Section 99 (1) of the Municipal Act 2001 states that a by-law of a municipality respecting advertising devices, including signs, does not apply to an advertising device that was lawfully erected or displayed on the day the by-law comes into force if the advertising device is not substantially altered, and the maintenance and repair of the )dvertising device or a change in the message or contents displayed is deemed not in itself to constitute a substantial alteration. 2006, c. 32, Sched. A, s. 39. AND WHEREAS Section 391 (1) of the Municipal Act, 2001, S.O. 2001 c. 25 states that section 11 authorizes a municipality to impose fees or charges on persons, for services or activities provided or done by the municipality. AND WHEREAS the Council of the Corporation of the Town of Tillson burg is desirous of adopting a new Sign By-Law to prohibit and regulate signs and other advertising devices and the positing of notices within the Town of Tillson burg. THEREFORE the Council of the Town of Tillson burg enacts as follows: 1 3 7.3 Property Use Categories 29 SECTION 8 SPECIFIC SIGN REGULATIONS 29 8.1 Awnings 29 8.2 Billboard Signs 29 8.3 Canopy Signs 29 8.4 Electronic Message Board Signs 30 8.5 Ground Signs 30 8.6 Mobile Signs 31 8.7 Monolith/Pylon Signs 31 8.8 Multi-Unit Residential Signs 32 8.9 Open House Directional Signs 32 8.10 Personal Signs 32 8.11 Portable/A-Frame/Sandwich Board Signs 32 8.12 Promotional Subdivision Development Directional Signs 33 8.13 Promotional Construction Signs 34 8.14 Sidewalk Signs 34 "'~.15 Subdivision Development Signs 34 8.16 Wall Signs 35 8.17 Window Signs 36 SECTION 9 VARIANCES 36 9.1 Approval Authority 36 9.2 Minor Sign Variance Considerations 36 9.3 Director Approved Exemptions 37 9.4 Variance Applications 37 9.5 Approval and Conditional Approval 38 9.6 Appeal Process 38 SECTION 10 ENFORCEMENT PROVISIONS AND REMOVAL OF 39 UNLAWFUL SIGNS 10.1 Town Property 39 10.2 Contravention Procedure 39 10.3 Sign Removal and Disposal 39 10.4 Unclaimed Signs 40 10.5 Unsafe Signs 40 10.6 Maintenance 40 . SECTION 11 OFFENCE AND PENAL TIES 40 11.1 Responsibility to Comply 40 11.2 Liability to Fines 40 11.3 Recovering Expenses 40 SECTION 12 SEVERABILITY 41 SECTION 1 SCOPE OF BY -LAW 1.1 SHORT TITLE This By-law and any amendments thereto shall be known as the "Tillsonburg Sign By-law." 1.2 INTENT AND SCOPE The purpose of this By-law is to: a) regulate signs placed on lands, buildings, and other structures within the corporate limits of the Town of Til/sonburg; and b) implement the policies of the Tillson burg Official Plan and Urban Design Guidelines. 1.3 COMPLIANCE WITH BY-LAW No person shall hereafter erect or display or cause or permit to be erected or displayed a sign except in conformity with the provisions of this By-law. 1.4 CONTENTS OF BY-LAW All references in the By-law to sections, regulations, exceptions, Tables, figures, schedules and maps, refer to those in this By-law unless otherwise indicated. 1.5 LAWFUL NON-CONFORMING SIGNS The provisions of this By-law shall not apply to a sign or the use of an existing sign that was lawfully erected on or before the day this By-law comes into force if the sign is not substantially altered and the maintenance and repair of the sign or a change in the message or content displayed is deemed not in itself to constitute a substantial alteration. 1.6 RELATION TO OTHER GOVERNMENT REQUIREMENTS (COMPLIANCE WITH OTHER REGULATIONS) This By-law shall not be construed so as to reduce or mitigate restrictions or regulations for any sign that are lawfully imposed by the Town, or by any governmental authority having jurisdiction to make such restrictions or regulations. Compliance with this By-law does not relieve a property owner from complying with: a) the requirements of the Ontario Building Code; 5 supporting unenclosed structure. CELLAR: Means the portion of a building between two floor levels that has 50% or more of is height below the average finished grade of the lot on which the building is located. The term cellar shall not include a basement. CHIEF BUILDING OFFICIAL: Means the Chief Building Official or designate. COMMERCIAL: Means, for the purposes of this By-law, a use which includes tourism uses. COMMUNITY BULLETIN AREA: Means a display surface designated by the Town of Tillson burg for the purpose of providing temporary advertising of non-profit and community group event signs. COMMUNITY FACILITIES: Means facilities owned and operated by the Corporation of the Town of Tillsonburg. COMMUNITY GROUP: Means a volunteer based organization which has a constitution and by-laws in place or at minimum a mission statement or a statement of purpose. They have a Board of Directors/Slate of Officers and they provide direct services, programs or events that benefit the residents of Tillson burg and operate within the Town of Tillson burg. They may or may not be incorporated provincially and/or federally. Places of worship organizations are considered to be a community group for the purpose of this by-law. CONSERVATION AUTHORITY: Means a conservation authority having jurisdiction in the Town of Tillsonburg. The term conservation authority shall include Long Point Regional Conservation Authority. COPY: Means the wording, letters, numerals, graphics, logos, and artwork of a sign, on the display surface and is either permanent or removable. COUNCIL: Means the Council of The Corporation of the Town of Tillsonburg. COUNTY: Means the County of Oxford. DIRECTOR: Means the Director of Development and Communications or their authorized designate. 7 storage and facilities for receiving and shipping materials and goods. Mineral aggregate and utility uses are considered industrial uses for the purposes of this By- law. ILLUMINATED SIGN: Means a sign lit by artificial light which is direct, indirect, internal or external to the sign. INSPECTOR: Means any By-Law Enforcement Officer or any other inspector appointed by Council pursuant to a by-law. INSTITUTIONAL: Means a use that includes community facilities, parks, schools under the jurisdiction of a board, government offices and hospitals. LANE: Means a public thoroughfare which affords only a secondary means of vehicular access to abutting lots and which is not intended for general traffic circulation. MOTOR VEHICLE: Means an automobile, truck, motorcycle, motor assisted bicycle and any other vehicle propelled or driven by other than muscular power. MUNICIPAL AGREEMENT: Means an agreement made with the Corporation of the Town of Tillsonburg. MUNICIPAL CLERK: Shall mean the Municipal Clerk of the Corporation of the Town of Tillsonburg or the Deputy Clerk acting in place of the Municipal Clerk in accordance with the Municipal Act. MUNICIPALITY: Means The Corporation of the Town of Tillsonburg. MUNICIPALITY'S ZONING BY-LAW: Means Zoning By-law 3295 and as amended. MURAL: Means a painting, illustration, or decoration applied to a free standing sign or the exterior wall of a building and that is otherwise not a sign as defined by this By-law. NON-PROFIT/NOT -FOR-PROFIT ORGANIZATION: Means an organization similar to a community group with a constitution, by-laws and a Board of directors. They are registered/incorporated as a not-for-profit organization, should be able to provide their not-for-profit number and operate within the Town of Tillson burg. 9 11 PUBLIC PROPERTY: Means property owned by or under the control of the Town of Tillsonburg or any of its agencies, boards or commissions, and includes any lands belonging to or owned by the County of Oxford, a conservation authority, the Province or Government of Ontario or the Government of Canada. This shall include public highways, and shall be deemed to include utility poles located on public property including road allowances, regardless of whether the poles are owned by or under the control of the Town. RIGHT-OF-WAY: Means an area of land on which has been created and registered against the title of the lot on which it is located, perpetual easements appurtenant to one or more Jots that provide access to such Jots to a street. The term right-of-way shall not include a private road. ROAD ALLOWANCE: Shall have a corresponding meaning to that of street and shall include any shoulder, ditch or boulevard. SIGHTNISIBILITY TRIANGLE: Means a triangular-shaped area of land abutting a lane, street or private road that is required to be kept free of obstructions between a height of 0.6 meters (1.96 ft) and 3.0 meters (9.84 ft) above the center line grade of the intersecting Jane, street or private road that could impede the vision of a pedestrian or the driver of a motor vehicle exiting onto or driving on the lane, street or private road. As illustrated, a sight/visibility triangle shall be determined as follows: a) the sight/visibility triangle adjacent to an exterior side Jot line shall be the area enclosed by each of the street lines measured 9.0 meters (29.53 ft) back from the intersection of the street lines, and a diagonal line drawn between these two points b) the sight/visibility triangle from a driveway, Jane, or right-of-way shall be the area enclosed by the line along the limits of the driveway and the street line measured to a point 3.0 meters (9.84 ft) back from the intersection of the street lines and the limit of the driveway, lane, or right-of-way and a diagonal line drawn between these two points. c) the sight/visibility triangle extends beyond private property into the road allowance as illustrated: non-rigid material mounted on a frame attached to the wall of a building but does not include a canopy sign or freestanding canopy sign. Banner Sign: Means a sign or advertising device made from cloth, plastic or a similar lightweight non-rigid material. Barn Sign: Means a sign affixed parallel to a wall or roof of a farm structure and which identifies the name of the occupant and/or of the farm on which said farm structure is located, but shall not be a roof sign as defined in this By-law. Billboard Sign: Means a sign erected and maintained to advertise, market or promote a business, product, service or activity not conducted or produced, sold, stored or assembled within the building or upon the premise on which the sign is erected. Canopy Sign: Means a sign affixed to a permanent rigid structure with or without supporting columns attached to and projecting from the exterior face of a building but does not include an awning sign or canopy freestanding sign. Canopy Freestanding Sign: 13 Means a sign affixed to a permanent rigid structure providing protection from the weather supported on columns and unenclosed on all sides. Directional Sign: Means a sign erected on a property to identify an entrance, exit, or area for the purpose of directing persons and/or regulating the movement of traffic or pedestrians on a property. Election Campaign Sign: Means any device advertising or promoting a candidate as per the Town's Election Campaign Sign By-Law# 3786 as amended; Electronic Message Board Sign: Means a sign which has messages that can be changed and displayed by electronic means. Ground Sign: Means a sign permanently affixed to the ground by one or more self- supporting poles or supported by a free-standing masonry structure. Illuminated Sign: Means a sign lit by artificial light which is direct, indirect, internal or external to the sign. Pre-Menu Board Sign: Means a sign erected as part of a drive-through facility and only used to display products and services available at the drive-through business. Portable Sign: Means a sign not permanently attached to the ground or a permanent structure and which is designed to be moved readily and manually by one person from one location to another, and includes signs commonly referred to as A-Frame, Personal, Sandwich Board, Sidewalk, etc. Projecting Sign: Means a sign not directly supported from the ground but generally erected perpendicular to a supporting building wall, but shall not be a wall sign as defined in this By-law (Overhanging sign has the same definition) Projection Sign: 15 Means a sign that is displayed on a surface, building, or structure, by the projection of a beam of light or other source of illumination. Promotional Construction Sign: Means a sign advertising construction, reconstruction, repair, renovation and/or development and may include the name of the project, the name of firms and personnel related to the project. Promotional Subdivision Development Direction Sign: Means a portable sign providing direction to a development site within a plan of subdivision or plan of condominium or a proposed plan of condominium. Public Use Sign: Means a sign erected by or under the jurisdiction of a Public Authority. Pylon Sign: Means a sign supported by one or more poles and with an open base. Real Estate Sign: Means a sign located on a property for the purpose of announcing the sale, lease, or rental of such property or building or part of a building located thereon. Roof Sign: Means a sign the entire face of which is above the lowest point at which the roof meets the building. Sandwich Board Sign: Means a freestanding temporary sign with no more than two faces joined at a period of ninety (90) days or more, or any sign that pertains to a time, event, or purpose that no longer applies. SIGN AREA: Means: SIGN AREA MEASURED BY DISPLAY SURFACE~ SIGN AREA MEASURED BY FREE STANDING LETTERING. ETC. ~ SIGN, HEIGHT: a) in the case of a sign having one display surface, the area of the display surface; b) in the case of a sign having two display surfaces, which are separated by the thickness of the sign structure and the thickness is not used as a display surface, the area of one display surface; c) in the case of a free standing number, letter, picture, image, graphic, emblem, symbol, or shape, the smallest rectangle which will enclose the number, letter, picture, image, graphic, emblem, symbol, or shape. Means the vertical distance from the ground on which the sign is erected to the highest physical point of the sign. SIGN, LENGTH: Means the horizontal distance between the extremities of the sign. SIGN PERMIT: Means a permit issued under this By-law. SIGN SUPPORT STRUCTURE: Means the framework, bracing and support of a sign. SITE PLAN APPROVAL: Means the process of site plan approval as governed by the Municipality's Site Plan Control By-law, as amended, and the provincial Planning Act. STOREY: Means the portion of a building, other than an attic, basement or cellar, included between any floor level and the floor, ceiling or roof next above it. STREET: Means a road or public highway under the jurisdiction of the Town of Tillsonburg, County of Oxford or the Province of Ontario that is maintained so as to allow normal use by motor vehicles, or a road or public highway located within a 17 c) All measurements and dimensions in this By-law are expressed in metric. d) "Schedule A" to this By-law shall be interpreted as if it is contained in the text of the By-law. SECTION 3 ADMINISTRATIVE PROVISIONS This By-law shall be administered and enforced by the Chief Building Official, or designate. 3.1 OWNER RESPONSIBILITY Neither the granting of a permit nor the review of the plans and specifications nor inspections made by the Town shall in any way relieve the owner or any other person from full responsibility for carrying out the work or having the work carried out in complete accordance with the requirements of this By-law or any other By-law or Law applicable to the sign. 3.2 RESPONSIBILITY: APPLICATION FOR PERMIT 19 No person shall make an application for a sign permit who is not the owner of the property or the owners authorized agent. Nor shall any person submit false or misleading information or documents or make omissions that may mislead in connection with any application for a sign permit, detail of construction or revision thereto. 3.3 RESPONSIBILITY: PERMITS AND PENALIZATION No person shall work or authorize work to proceed on any sign for which a permit is required and which has not been obtained. Where a sign is found to be in contravention of this By-law the Town, its servants or agents, may issue an Order as per Section 10.2 of this By-law and may impose a penalty under Section 11 of this By-law. 3.4 SIGN PERMIT REQUIRED a) Except as permitted in Section 4 (Exempt Signs), no person shall erect or alter a sign unless a permit under this bylaw for the sign has been obtained from the Chief Building Official. b) A sign permit shall not be issued to erect or alter a sign unless an application for the sign has been submitted in accordance with subsection 3.5 and has been approved by the Chief Building Official as being in conformity with this By-law and all other applicable By-laws and laws regulating signage. vehicular access, doors, windows and other existing signs; and 21 iv. When applicable include a site plan of the lands upon which the sign is to be erected indicating the location of the proposed sign on the site, street lines and other boundaries of the property, sight/visibility triangle and the location and dimensions of the building(s) thereon. v. Heritage review in accordance with the section 3.6. 3.6 HERITAGE REVIEW (a) In keeping with the intent and scope of the By-law, signs which are proposed to be erected on a building or property that is currently on the Town of Tillson burg's List of Heritage Properties are subject to review and approval by the Tillsonburg Cemetery and Heritage Advisory Committee (TCHAC) prior to the issuance of the permit. (b) In addition to Section 3.5 every application in clause (a) above submitted to the TCHAC for review shall be accompanied by plans drawn to scale clearly showing; i. The type, character, dimensions and design of the proposed sign including historically appropriate colours of the sign and lettering. ii. The proposed means of illumination. iii. Any other information the TCHAC may prescribe or require. 3. 7 PERMIT FEES a) All applications for permits filed with the Chief Building Official shall be accompanied by payment of the permit fee in accordance with the Town Rates and Fees By-law as amended. b) If any sign is installed or placed on any property prior to receipt of a permit, the specified permit fee shall be doubled. 3.8 ISSUANCE AND DENIAL a) The Chief Building Official shall issue a permit if the completed application conforms to the provisions of this By-law and every other By-law of the Municipality plus the Ontario Building Code and regulations made thereunder and if all fees are paid; iv. Where the permit has been issued in error by the Town. v. Where the sign erected does not conform with the plans or specifications approved by the Town on which the permit was issued 23 f) If any sign is installed or placed on any property prior to receipt of a permit, the specified permit fee shall be doubled. However, payment of the doubled fee shall not relieve any person of any other requirement or penalties prescribed in this By-law. 3.10 INSPECTIONS SECTION 4 a) The Chief Building Official may require at the time of issuance of a permit that notification be provided for an inspection(s) prior to the installation of certain stages of the sign construction; and b) Any person installing, structurally altering or relocating a sign for which a permit has been issued shall notify the Chief Building Official upon completion of the work. The Chief Building Official may require a final inspection, including an electrical inspection. EXEMPT SIGNS 4.1 SIGN PERMIT EXEMPTIONS No sign permit is required to erect the following signs provided the signs otherwise comply with the applicable provisions of this By-law: a) Election signs (see Election Campaign Sign By-Law); b) Real Estate signs/Open House Directional signs; c) Personal signs; d) A-Board/Sandwich Board/Sidewalk signs; e) Promotional Construction Direction signs/Subdivision Development signs; f) A sign having a sign area less than 0.10 m2 (1.07 ft2) (e.g. poster). g) Directional sign 25 occupant which may incorporate hours of work, operation or availability. The aforementioned sign shall not be more than 0.2 m2 (2.15 ft2) in sign area and shall not include any commercial advertising. e) One identification and vacancy information sign for a duplex dwelling, triplex dwelling or converted dwelling not exceeding 0.2 m2 (2.15 ft2) in sign area and shall not include any commercial advertising. f) No Trespassing sign or other signs regulating the use of property provided such signs are no more than 0.2 m2 (2.15 ft2) in sign area. g) Memorial signs and plaques identifying a building or structure and its architectural or historical significance not exceeding 0.5 m2 (5.38 ft2) in sign area. h) Signs affixed to a community entrance feature displaying the name and address of a residential community approved through a Planning Development approval process. i) Advertising on Town fixtures when approved by the Town. SECTION 5 PROHIBITIONS 5.1 SPECIFIC SIGN PROHIBITIONS Any sign not expressly permitted by this By-Law is prohibited and without limiting the generality of the foregoing, the following signs are specifically prohibited. No person shall erect, use or maintain, or cause or permit to be erected, used or maintained any of the following signs: a) A sign located on premises which does not specifically identify or advertise a business, service, or occupant of the premises where it is located, unless otherwise specified in this By-law; b) Roof sign; c) Overhanging sign/Projecting sign; d) Vehicle/Trailer sign on non-motorized vehicles where the purpose of the sign meets the definition of a sign under this By-law; e) A sign which may cause confusion with a traffic control sign or a traffic control signal; f) flashing or animated signs; 27 c) No person shall erect a sign which obstructs or otherwise impedes the utilization of a parking space, loading space, driveway or aisle unless additional parking spaces or loading spaces are provided to comply with the requirements and regulations of the Town; d) No person shall locate a sign which obstructs or impedes the functioning of any flue or air intake, or any exhaust system; e) No person shall nail, screw, tape or otherwise fasten a sign to a tree, fence or fence post other than a no trespass sign; f) No person shall erect a sign with a footing/foundation less than 1.0 metre (3.28 ft) from a street line; g) No person shall erect a sign higher than 0.75 metres (2.46 ft) within 3.0 metres (9.84 ft) of any road allowance where the sign may impede vision of an access from any improved public street to any lot; h) No person shall erect a sign within any road allowance other than a promotional subdivision development directional sign and an open house directional sign. i) No person shall erect a sign within a sight/visibility triangle. SECTION 6 GENERAL PROVISIONS FOR ALL SIGNS 6.1 LIMIT ON NUMBER OF SIGNS PER PREMISES: Except as otherwise permitted in this By-law the number of signs shall be limited to: a) One (1) ground sign, pylon sign or monolith sign per lot; b) For single-tenant buildings walls signs, awning signs and canopy signs are only permitted on one wall face or elevation in accordance with the maximum sign area provisions for the zone in which they are located, except that where a business premise is located on a corner or through lot or has entrances on two (2) or more public streets, or has both a front and a rear public entrance, one (1) additional wall sign is permitted; (c) For multi-tenant buildings one (1) of any of the following per business premise: i. wall sign, awning sign or canopy sign, except that where a business premise is located on a corner or through lot or has entrances on two (2) or more public highways, or has both a front and a rear public entrance one (1) additional 7.3 PROPERTY USE CATEGORIES For the purposes of this By-law, the type of sign allowed on a property is based on the use of the property. The following land uses which are permitted on particular lands by the Municipality's Zoning By-law are identified in "Schedule A" to this By-law: RES residential IND industrial SC service commercial NC neighborhood commercial INS institutional FD future development EC entrepreneurial CC central commercial SECTION 8 SPECIFIC SIGN REGULATIONS 8.1 AWNING SIGNS a) No portion of an awning sign shall be located less than 2.4 meters (7.87 ft) above finished grade immediately below such sign. b) No awning sign, or part thereof, shall extend laterally beyond the extremities of the awning. c) Awning signs are not permitted to project into a lane or alley. 8.2 BILLBOARD SIGNS a) A billboard sign shall not be located, erected or displayed within 400 meters (1 ,312.24 ft) of any other billboard sign. b) Animated signs are not allowed as billboard signs. 8.3 CANOPY SIGNS 29 No portion of a canopy sign shall be located less than 2.4 meters (7.87 ft) above finished grade immediately below such sign. a) A canopy sign is permitted to project a maximum of 150 mm (0.51 ft) from an existing canopy structure. 8.6 MOBILE SIGNS Mobile signs shall be erected in compliance with the following: a) A mobile sign advertising a business may be erected provided that it is located on the same property as the business which it is advertising. b) No flashing lights c) One sign per property d) 30 meter (98.43 ft) distance between temporary or mobile signs e) Mobile sign permits are valid for 30 days f) Mobile sign permits may be renewed for a maximum of 180 days in a 12 month period 31 g) Signs shall not be placed in sight/visual triangles or near driveways that may block motorists view h) Where the mobile sign is rented/leased from a sign company, the sign shall have the name and telephone number of the sign company affixed to the sign in a clear and visible location. 8. 7 MONOLITH/PYLON SIGNS a) Monolith or pylon signs can be used as ground signs where ground signs are allowed. The regulations for ground signs will apply in regards to height and size. b) All monolith and pylon signs must include the municipal street address if the sign is located on the street frontage pertaining to the street address and shall display the municipal address number in numerals and letters that are a minimum of 150 mm (0.51 ft) in height; c) Monolith signs shall not have a sign display sutface located lower than 1.5 metres (4.92 ft) above finished grade. d) Pylon signs shall not have a sign display sutface located lower than 2.44 metres (8.01 ft) above finished grade. e) The distance between Monolith/Pylon signs on adjacent properties shall not be less than 7.60 meters (24.93 feet). signs permitted per property; c) Properties that front onto multiple streets are permitted to place signs on each street frontage as per section 8.11 (b); d) Sign shall not exceed 1.0 metre (10.76 ft) squared; e) Shall not be located in a manner that restricts the free and safe movement for any pedestrian, vehicle or other conveyance on any sidewalk, path, road allowance or driveway, or in a manner which impedes vision, or interferes with parking spaces; f) Sign shall not be placed closer than 0.30 m (1.0 ft) from the street line; g) Signs manufactured prior to the passing of this by-law which are in excess of 1.0 meters (1 0. 76 ft) squared shall be permitted for a period of 4 years from the date that this by-law was passed; h) Shall not be illuminated; 8.12 PROMOTIONAL SUBDIVISION DEVELOPMENT DIRECTION SIGNS Promotional Subdivision Development Direction signs shall be erected in compliance with the following: e) A maximum of 4 signs per sales office/model home 33 f) The sign shall only be used and displayed during the actual hours of operation of the subdivision sales office during week days; and signs may be displayed on Saturdays and Sundays provided that such signs are displayed on street boulevards only and are not located any closer than 1.0 metre (328 ft) to the curb, or where there are no curbs, 3.0 metres (9.84 ft) from the edge of the travelled portion of the street and that such signs are removed no later than 08:00 hours (8:00 a.m.) on each Monday. g) No Promotional Subdivision Development Direction sign shall be located within 25 meters (82.02 ft) of an intersection measured from the intersecting edge of curb or traveled portion of the street. h) No Promotional Subdivision Development Direction sign shall be located in a manner that restricts the free and safe movement for any pedestrian, vehicle or other conveyance on any sidewalk, path, road allowance or driveway, or in a manner which impedes vision; i) No Promotional Subdivision Development Direction sign shall be b) A subdivision development sign shall be removed within thirty (30) days after the date of the sale of the last property within the plan of subdivision. 8.16 WALL SIGNS The following regulations shall apply to wall signs: 35 a) No wall sign, or part thereof, shall extend above the top extremity of the wall upon which it is placed. b) No wall sign, or part thereof, shall extend laterally beyond the extremities of the wall upon which it is placed. c) No wall sign, or part thereof, shall project more than 500 mm (1.64 ft) from the wall upon which it is placed. d) No wall sign, or part thereof, that projects more than 50 mm (0.16 ft) from the wall upon which it is placed shall be located less than 2.4 meters (7.87 ft) above the grade below such sign. e) No wall sign, or part thereof, that projects more than 50 mm (0.16 ft) from the wall upon which it is placed if located on a lane shall be located less than 5.0 meters (16.40 feet) measured vertically from the surface of the lane. f) Wall signs shall only be located at the level having direct access to an exterior public way except that where a premise occupies all levels in a multi-storey building the wall sign may be located above the level having direct access to an exterior public way. g) Wall signs permitted on any wall of a commercial, industrial or institutional building shall have a maximum sign area of 0.75 m2 (8.07 ft2) per horizontal linear meter of the wall face. h) Wall signs shall not cover more than 20% in total aggregate area of the wall on which they are erected, displayed or placed. i) The total area of any single wall sign per business premise shall not exceed 35m2 (376.74 ft2). j) Wall signs shall not be painted on the exterior walls of any building excluding a mural which has been approved by Council. b) whether such special circumstances or conditions are pre-existing and not created by the owner or applicant c) whether the proposed sign will detrimentally alter the character of the building, property or area, and d) whether the general intent and purpose of the Sign By-law is maintained 9.3 DIRECTOR APPROVED EXEMPTIONS The Director's approval authority does not apply to the following sections of the Sign By-law: 37 a) Schedule A, Permitted Sign Use/Property Use Table, Signs allowed by property use b) All Sign By-law provisions with regards to Mobile Signs c) All provisions with regard to Billboard Signs. 9.4 VARIANCE APPLICATIONS An application for a variance from one or more of the requirements in this Sign By-law shall: a) Describe the land, building or structure on which the proposed sign is or is to be erected, by street name, street number or by other equivalent description; b) State the full names, addresses, and telephone numbers of the owner and any occupant of the premises and the owner and/or lessee of the sign; c) Contain a declaration to be sworn by the applicant as to the truth and accuracy of the application, its contents and the submitted documents including property owner authorization; Be accompanied by plans, specifications, and drawings in accordance with the following subsection; d) The plans, specifications, and drawings required and referred to above shall: vi. Be drawn to scale and be of sufficient detail to establish SECTION 10 ENFORCEMENT PROVISIONS AND REMOVAL OF UNLAWFUL SIGNS 10.1 TOWN PROPERTY No signs shall be placed on or over Town property without approval from the Town. Where a sign does not comply with this by-law, is erected or displayed on, over, partly on, or over property owned by or under the jurisdiction of the Town, the sign may be removed immediately by the Town without notice or compensation. For this purpose, the Town and its agents may enter upon land at any reasonable time. 10.2 CONTRAVENTION PROCEDURE Where a sign does not comply with this by-law, is erected or displayed, the Chief Building Official or By-Law Enforcement Officer shall issue an order to do the work to correct the contravention, by personal service or regular mail, to the owner of the sign, or the owner or occupier of the land upon which the sign is located, the order shall include the following; a) The order shall outline the nature of the contravention, b) The section of the by-law that is contravened c) The date by which there must be compliance d) A description and address of the sign that is in contravention e) Include a statement of where and how the Sign may be redeemed 10.3 SIGN REMOVAL AND DISPOSAL Where a sign has been removed by the Municipality pursuant to this by-law, the owner and/or occupant is liable to a minimum charge per sign as per the Municipalities Rates and Fees By-Law as amended or the actual cost of removing the sign(s), whichever is greater. Signs that are removed shall be stored by the Municipality for a period of 30 days, during which time the 39 owner, occupant, and/or permit applicant is entitled to redeem the sign. The cost of removing the sign and the storage fee as per the Municipalities Rates and Fees By-Law as amended must be paid to the Municipality before the sign will be released. At the expiry of 30 day period, the sign will be disposed of by the Municipality. All fees and removal is to be at the expense of the owner or occupant and the expense may be collected in like manner as municipal taxes. 41 SECTION 12 SEVERABILITY If a court of competent jurisdiction should declare any section or part of a section of this By-law to be invalid, such decision does not affect the validity, effectiveness, or enforceability of the other sections or parts of the provisions of this By-law unless the court makes an order to the contrary. SECTION 13 CONFLICTING BY-LAWS Where there is a conflict of the provisions between this By-law and any other By-law of the Town regulating sign age, the provisions of the By-law deemed by the Chief Building Official to be the most restrictive shall prevail. SECTION 14 INDEMNIFICATION The applicant for a permit for a sign, and the owner and occupant of the lands and premises on which any sign is erected, shall be jointly and severally responsible to indemnify the Town, its officers, employees, servants and agents, from all loss, damages, costs, expenses, claims, demands, actions, suits or other proceedings of every nature and kind arising from and in consequence of the construction, erection, maintenance, display, alteration, repair or removal of such sign. SECTION 15 VALIDITY: In the event any part or provision of this By-law is held to be illegal or void, this shall not have the effect of making illegal or void any of the other parts or provisions thereof, which may or shall be determined to be legal. SECTION 16 REPEAL Town of Tillson burg By-Law 2976 and all of its amendments are hereby repealed upon the date this By-law comes into effect. Awning canopy Sign Directional Sign Bectronic Message Board Ground Sign Menu Board Sign Moqi/eSign Monolith/Pylon Sign SCHEDULE A: PERMITTED SIGN USE/PROPERTY USE TABLE 43 AUowed Not Permitted fllo!Permitted Not Permitted AllOwed Not Pe.rmit\ed ~ot Penniited NotPefl)'litted SulXJivision Developmeni Wai/Si9n SCHEDULE A: PERMITTED SIGN USE/PROPERTY USE TABLE -Nof Applicable signs shall not rover more than 20% in total aggregate·area oft!Je wall on which they are erected, displayed or placed. cc zone -allowed: one per property; provided no awning or canopy sign already area of'any·siilgle.wall sigil per bUsineSs not exceed 35 Ill" (375.7411"2). one siQn, must ni~t-area req~,iifemerits 50 % of window· area disiJibuted aCf1?ss 1 oq% pr:the 'glass Residential buildings wllhin the DOWNTOWN area are·allowed 10% of the window area 45 N'ot· (lppli.cable Unit length Width Wall-E Bounce and Slide 20 20 Jumbo Module 5 in 1 Combo with panel 20 20 Sports Bouncer 15 15 All Dimen! Animal Kingdom Toddler Unit 20 20 168' Colossal Double Rush Obstacle Course 40 40 Big Top Castle Maze 33 33 Delta Force Backyard Obstacle Course 40 10 Paddle Boats and Lagoon 30 18 Rock Climbing Wall 25 15 20' Dual Lane Screamer Slide 25 21 ~-·-· - Turtle Belly Bouncer (inactive) 15 15 sions are in feet THE CORPORATION OF THE TOWN OF TILLSON BURG BY -LAW NO. 3798 BEING A BY-LAW TO PROHIBIT OR REGULATE SIGNS AND OTHER ADVERTISING DEVICES AND THE POSTING OF NOTICES WITHIN THE TOWN OF TILLSONBURG WHEREAS Section 11 (3) of the Municipal Act, 2001, S.O. 2001, c.25 states that a lower-tier municipality may pass by-laws, respecting matters within certain spheres of jurisdiction, including structures, fences, and signs. AND WHEREAS Section 99 (1) of the Municipal Act 2001 states that a by-law of a municipality respecting advertising devices, including signs, does not apply to an advertising device that was lawfully erected or displayed on the day the by-law comes into force if the advertising device is not substantially altered, and the maintenance and repair of the )advertising device or a change in the message or contents displayed is deemed not in itself to constitute a substantial alteration. 2006, c. 32, Sched. A, s. 39. AND WHEREAS Section 391 (1) of the Municipal Act, 2001, S.O. 2001 c. 25 states that section 11 authorizes a municipality to impose fees or charges on persons, for services or activities provided or done by the municipality. AND WHEREAS the Council of the Corporation of the Town of Tillson burg is desirous of adopting a new Sign By-Law to prohibit and regulate signs and other advertising devices and the positing of notices within the Town of Tillson burg. THEREFORE the Council of the Town of Tillson burg enacts as follows: 1 3 7.3 Property Use Categories 29 SECTION 8 SPECIFIC SIGN REGULATIONS 29 8.1 Awnings 29 8.2 Billboard Signs 29 8.3 Canopy Signs 29 8.4 Electronic Message Board Signs 30 8.5 Ground Signs 30 8.6 Mobile Signs 31 8.7 Monolith/Pylon Signs 31 8.8 Multi-Unit Residential Signs 32 8.9 Open House Directional Signs 32 8.10 Personal Signs 32 8.11 Portable/A-Frame/Sandwich Board Signs 32 8.12 Promotional Subdivision Development Directional Signs 33 8.13 Promotional Construction Signs 34 8.14 Sidewalk Signs 34 ")8.15 Subdivision Development Signs 34 I 8.16 Wall Signs 35 8.17 Window Signs 36 SECTION 9 VARIANCES 36 9.1 Approval Authority 36 9.2 Minor Sign Variance Considerations 36 9.3 Director Approved Exemptions 37 9.4 Variance Applications 37 9.5 Approval and Conditional Approval 38 9.6 Appeal Process 38 SECTION 10 ENFORCEMENT PROVISIONS AND REMOVAL OF 39 UNLAWFUL SIGNS 10.1 Town Property 39 10.2 Contravention Procedure 39 10.3 Sign Removal and Disposal 39 10.4 Unclaimed Signs 40 10.5 Unsafe Signs 40 10.6 Maintenance 40 SECTION 11 OFFENCE AND PENAL TIES 40 11.1 Responsibility to Comply 40 11.2 Liability to Fines 40 11.3 Recovering Expenses 40 SECTION 12 SEVERABILITY 41 SECTION 1 SCOPE OF BY -LAW 1.1 SHORT TITLE This By-law and any amendments thereto shall be known as the "Tillsonburg Sign By-law." 1.2 INTENT AND SCOPE The purpose of this By-law is to: a) regulate signs placed on lands, buildings, and other structures within the corporate limits of the Town of Tillsonburg; and b) implement the policies of the Tillson burg Official Plan and Urban Design Guidelines. 1.3 COMPLIANCE WITH BY-LAW No person shall hereafter erect or display or cause or permit to be erected or displayed a sign except in conformity with the provisions of this By-law. 1.4 CONTENTS OF BY-LAW All references in the By-law to sections, regulations, exceptions, Tables, figures, schedules and maps, refer to those in this By-law unless otherwise indicated. 1.5 LAWFUL NON-CONFORMING SIGNS The provisions of this By-law shall not apply to a sign or the use of an existing sign that was lawfully erected on or before the day this By-law comes into force if the sign is not substantially altered and the maintenance and repair of the sign or a change in the message or content displayed is deemed not in itself to constitute a substantial alteration. 1.6 RELATION TO OTHER GOVERNMENT REQUIREMENTS (COMPLIANCE WITH OTHER REGULATIONS) This By-law shall not be construed so as to reduce or mitigate restrictions or regulations for any sign that are lawfully imposed by the Town, or by any governmental authority having jurisdiction to make such restrictions or regulations. Compliance with this By-law does not relieve a property owner from complying with: a) the requirements of the Ontario Building Code; 5 supporting unenclosed structure. CELLAR: Means the portion of a building between two floor levels that has 50% or more of is height below the average finished grade of the lot on which the building is located. The term cellar shall not include a basement. CHIEF BUILDING OFFICIAL: Means the Chief Building Official or designate. COMMERCIAL: Means, for the purposes of this By-law, a use which includes tourism uses. COMMUNITY BULLETIN AREA: Means a display surface designated by the Town of Tillson burg for the purpose of providing temporary advertising of non-profit and community group event signs. COMMUNITY FACILITIES: Means facilities owned and operated by the Corporation of the Town of Tillson burg. COMMUNITY GROUP: Means a volunteer based organization which has a constitution and by-laws in place or at minimum a mission statement or a statement of purpose. They have a Board of Directors/Slate of Officers and they provide direct services, programs or events that benefit the residents of Tillsonburg and operate within the Town of Tillson burg. They may or may not be incorporated provincially and/or federally. Places of worship organizations are considered to be a community group for the purpose of this by-law. CONSERVATION AUTHORITY: Means a conservation authority having jurisdiction in the Town of Tillsonburg. The term conservation authority shall include Long Point Regional Conservation Authority. COPY: Means the wording, letters, numerals, graphics, logos, and artwork of a sign, on the display surface and is either permanent or removable. COUNCIL: Means the Council of The Corporation of the Town of Tillson burg. COUNTY: Means the County of Oxford. DIRECTOR: Means the Director of Development and Communications or their authorized designate. 7 storage and facilities for receiving and shipping materials and goods. Mineral aggregate and utility uses are considered industrial uses for the purposes of this By- law. ILLUMINATED SIGN: Means a sign lit by artificial light which is direct, indirect, internal or external to the sign. INSPECTOR: Means any By-Law Enforcement Officer or any other inspector appointed by Council pursuant to a by-law. INSTITUTIONAL: Means a use that includes community facilities, parks, schools under the jurisdiction of a board, government offices and hospitals. LANE: Means a public thoroughfare which affords only a secondary means of vehicular access to abutting lots and which is not intended for general traffic circulation. MOTOR VEHICLE: Means an automobile, truck, motorcycle, motor assisted bicycle and any other vehicle propelled or driven by other than muscular power. MUNICIPAL AGREEMENT: Means an agreement made with the Corporation of the Town of Tillsonburg. MUNICIPAL CLERK: Shall mean the Municipal Clerk of the Corporation of the Town of Tillsonburg or the Deputy Clerk acting in place of the Municipal Clerk in accordance with the Municipal Act. MUNICIPALITY: Means The Corporation of the Town of Til/sonburg. MUNICIPALITY'S ZONING BY-LAW: Means Zoning By-law 3295 and as amended. MURAL: Means a painting, illustration, or decoration applied to a free standing sign or the exterior wall of a building and that is otherwise not a sign as defined by this By-law. NON-PROFIT/NOT -FOR-PROFIT ORGANIZATION: Means an organization similar to a community group with a constitution, by-laws and a Board of directors. They are registered/incorporated as a not-for-profit organization, should be able to provide their not-for-profit number and operate within the Town of Tillsonburg. 9 11 PUBLIC PROPERTY: Means property owned by or under the control of the Town of Tillsonburg or any of its agencies, boards or commissions, and includes any lands belonging to or owned by the County of Oxford, a conservation authority, the Province or Government of Ontario or the Government of Canada. This shall include public highways, and shall be deemed to include utility poles located on public property including road allowances, regardless of whether the poles are owned by or under the control of the Town. RIGHT-OF-WAY: Means an area of land on which has been created and registered against the title of the lot on which it is located, perpetual easements appurtenant to one or more lots that provide access to such lots to a street. The term right-of-way shall not include a private road. ROAD ALLOWANCE: Shall have a corresponding meaning to that of street and shall include any shoulder, ditch or boulevard. SIGHTNISIBILITY TRIANGLE: Means a triangular-shaped area of land abutting a lane, street or private road that is required to be kept free of obstructions between a height of 0.6 meters (1.96 ft) and 3.0 meters (9.84 ft) above the center line grade of the intersecting lane, street or private road that could impede the vision of a pedestrian or the driver of a motor vehicle exiting onto or driving on the lane, street or private road. As illustrated, a sight/visibility triangle shall be determined as follows: a) the sight/visibility triangle adjacent to an exterior side lot line shall be the area enclosed by each of the street lines measured 9.0 meters (29.53 ft) back from the intersection of the street lines, and a diagonal line drawn between these two points b) the sight/visibility triangle from a driveway, lane, or right-of-way shall be the area enclosed by the line along the limits of the driveway and the street line measured to a point 3.0 meters (9.84 ft) back from the intersection of the street lines and the limit of the driveway, lane, or right-of-way and a diagonal line drawn between these two points. c) the sight/visibility triangle extends beyond private property into the road allowance as illustrated: non-rigid material mounted on a frame attached to the wall of a building but does not include a canopy sign or freestanding canopy sign. Banner Sign: Means a sign or advertising device made from cloth, plastic or a similar lightweight non-rigid material. Barn Sign: Means a sign affixed parallel to a wall or roof of a farm structure and which identifies the name of the occupant and/or of the farm on which said farm structure is located, but shall not be a roof sign as defined in this By-law. Billboard Sign: Means a sign erected and maintained to advertise, market or promote a business, product, service or activity not conducted or produced, sold, stored or assembled within the building or upon the premise on which the sign is erected. Canopy Sign: Means a sign affixed to a permanent rigid structure with or without supporting columns attached to and projecting from the exterior face of a building but does not include an awning sign or canopy freestanding sign. Canopy Freestanding Sign: 13 Means a sign affixed to a permanent rigid structure providing protection from the weather supported on columns and unenclosed on all sides. Directional Sign: Means a sign erected on a property to identify an entrance, exit, or area for the purpose of directing persons and/or regulating the movement of traffic or pedestrians on a property. Election Campaign Sign: Means any device advertising or promoting a candidate as per the Town's Election Campaign Sign By-Law# 3786 as amended; Electronic Message Board Sign: Means a sign which has messages that can be changed and displayed by electronic means. Ground Sign: Means a sign permanently affixed to the ground by one or more self- supporting poles or supported by a free-standing masonry structure. Illuminated Sign: Means a sign lit by artificial light which is direct, indirect, internal or external to the sign. Pre-Menu Board Sign: Means a sign erected as part of a drive-through facility and only used to display products and services available at the drive-through business. Portable Sign: Means a sign not permanently attached to the ground or a permanent structure and which is designed to be moved readily and manually by one person from one location to another, and includes signs commonly referred to as A-Frame, Personal, Sandwich Board, Sidewalk, etc. Projecting Sign: Means a sign not directly supported from the ground but generally erected perpendicular to a supporting building wall, but shall not be a wall sign as defined in this By-law (Overhanging sign has the same definition) Projection Sign: 15 Means a sign that is displayed on a surface, building, or structure, by the projection of a beam of light or other source of illumination. Promotional Construction Sign: Means a sign advertising construction, reconstruction, repair, renovation and/or development and may include the name of the project, the name of firms and personnel related to the project. Promotional Subdivision Development Direction Sign: Means a portable sign providing direction to a development site within a plan of subdivision or plan of condominium or a proposed plan of condominium. Public Use Sign: Means a sign erected by or under the jurisdiction of a Public Authority. Pylon Sign: Means a sign supported by one or more poles and with an open base. Real Estate Sign: Means a sign located on a property for the purpose of announcing the sale, lease, or rental of such property or building or part of a building located thereon. Roof Sign: Means a sign the entire face of which is above the lowest point at which the roof meets the building. Sandwich Board Sign: Means a freestanding temporary sign with no more than two faces joined at a period of ninety (90) days or more, or any sign that pertains to a time, event, or purpose that no longer applies. SIGN AREA: Means: SIGN AREA MEASURED BY DISPLAY SURFACE ~ SIGN AREA MEASURED BY FREE STANDING LETTERING, ETC. ~ SIGN, HEIGHT: a) in the case of a sign having one display surface, the area of the display surface; b) in the case of a sign having two display surfaces, which are separated by the thickness of the sign structure and the thickness is not used as a display surface, the area of one display surface; c) in the case of a free standing number, letter, picture, image, graphic, emblem, symbol, or shape, the smallest rectangle which will enclose the number, letter, picture, image, graphic, emblem, symbol, or shape. Means the vertical distance from the ground on which the sign is erected to the highest physical point of the sign. SIGN, LENGTH: Means the horizontal distance between the extremities of the sign. SIGN PERMIT: Means a permit issued under this By-law. SIGN SUPPORT STRUCTURE: Means the framework, bracing and support of a sign. SITE PLAN APPROVAL: Means the process of site plan approval as governed by the Municipality's Site Plan Control By-law, as amended, and the provincial Planning Act. STOREY: Means the portion of a building, other than an attic, basement or cellar, included between any floor level and the floor, ceiling or roof next above it. STREET: Means a road or public highway under the jurisdiction of the Town of Tillsonburg, County of Oxford or the Province of Ontario that is maintained so as to allow normal use by motor vehicles, or a road or public highway located within a 17 c) All measurements and dimensions in this By-law are expressed in metric. d) "Schedule A" to this By-law shall be interpreted as if it is contained in the text of the By-law. SECTION 3 ADMINISTRATIVE PROVISIONS This By-law shall be administered and enforced by the Chief Building Official, or designate. 3.1 OWNER RESPONSIBILITY Neither the granting of a permit nor the review of the plans and specifications nor inspections made by the Town shall in any way relieve the owner or any other person from full responsibility for carrying out the work or having the work carried out in complete accordance with the requirements of this By-law or any other By-law or Law applicable to the sign. 3.2 RESPONSIBILITY: APPLICATION FOR PERMIT 19 No person shall make an application for a sign permit who is not the owner of the property or the owners authorized agent. Nor shall any person submit false or misleading information or documents or make omissions that may mislead in connection with any application for a sign permit, detail of construction or revision thereto. 3.3 RESPONSIBILITY: PERMITS AND PENALIZATION No person shall work or authorize work to proceed on any sign for which a permit is required and which has not been obtained. Where a sign is found to be in contravention of this By-law the Town, its servants or agents, may issue an Order as per Section 10.2 of this By-law and may impose a penalty under Section 11 of this By-law. 3.4 SIGN PERMIT REQUIRED a) Except as permitted in Section 4 (Exempt Signs), no person shall erect or alter a sign unless a permit under this bylaw for the sign has been obtained from the Chief Building Official. b) A sign permit shall not be issued to erect or alter a sign unless an application for the sign has been submitted in accordance with subsection 3.5 and has been approved by the Chief Building Official as being in conformity with this By-law and all other applicable By-laws and laws regulating signage. vehicular access, doors, windows and other existing signs; and 21 iv. When applicable include a site plan of the lands upon which the sign is to be erected indicating the location of the proposed sign on the site, street lines and other boundaries of the property, sight/visibility triangle and the location and dimensions of the building(s) thereon. v. Heritage review in accordance with the section 3.6. 3.6 HERITAGE REVIEW (a) In keeping with the intent and scope of the By-law, signs which are proposed to be erected on a building or property that is currently on the Town of Tillson burg's List of Heritage Properties are subject to review and approval by the Tillsonburg Cemetery and Heritage Advisory Committee (TCHAC) prior to the issuance of the permit. (b) In addition to Section 3.5 every application in clause (a) above submitted to the TCHAC for review shall be accompanied by plans drawn to scale clearly showing; i. The type, character, dimensions and design of the proposed sign including historically appropriate colours of the sign and lettering. ii. The proposed means of illumination. iii. Any other information the TCHAC may prescribe or require. 3.7 PERMIT FEES a) All applications for permits filed with the Chief Building Official shall be accompanied by payment of the permit fee in accordance with the Town Rates and Fees By-law as amended. b) If any sign is installed or placed on any property prior to receipt of a permit, the specified permit fee shall be doubled. 3.8 ISSUANCE AND DENIAL a) The Chief Building Official shall issue a permit if the completed application conforms to the provisions of this By-law and every other By-law of the Municipality plus the Ontario Building Code and regulations made thereunder and if all fees are paid; iv. Where the permit has been issued in error by the Town. v. Where the sign erected does not conform with the plans or specifications approved by the Town on which the permit was issued 23 f) If any sign is installed or placed on any property prior to receipt of a permit, the specified permit fee shall be doubled. However, payment of the doubled fee shall not relieve any person of any other requirement or penalties prescribed in this By-law. 3.10 INSPECTIONS SECTION 4 a) The Chief Building Official may require at the time of issuance of a permit that notification be provided for an inspection(s) prior to the installation of certain stages of the sign construction; and b) Any person installing, structurally altering or relocating a sign for which a permit has been issued shall notify the Chief Building Official upon completion of the work. The Chief Building Official may require a final inspection, including an electrical inspection. EXEMPT SIGNS 4.1 SIGN PERMIT EXEMPTIONS No sign permit is required to erect the following signs provided the signs otherwise comply with the applicable provisions of this By-law: a) Election signs (see Election Campaign Sign By-Law); b) Rea/ Estate signs/Open House Directional signs; c) Personal signs; d) A-Board/Sandwich Board/Sidewalk signs; e) Promotional Construction Direction signs/Subdivision Development signs; f) A sign having a sign area less than 0.10 m2 (1.07 ft2) (e.g. poster). g) Directional sign 25 occupant which may incorporate hours of work, operation or availability. The aforementioned sign shall not be more than 0.2 m2 (2.15 ft2) in sign area and shall not include any commercial advertising. e) One identification and vacancy information sign for a duplex dwelling, triplex dwelling or converted dwelling not exceeding 0.2 m2 (2.15 ft2) in sign area and shall not include any commercial advertising. f) No Trespassing sign or other signs regulating the use of property provided such signs are no more than 0.2 m2 (2.15 ft2) in sign area. g) Memorial signs and plaques identifying a building or structure and its architectural or historical significance not exceeding 0.5 m2 (5.38 ff) in sign area. h) Signs affixed to a community entrance feature displaying the name and address of a residential community approved through a Planning Development approval process. i) Advertising on Town fixtures when approved by the Town. SECTION 5 PROHIBITIONS 5.1 SPECIFIC SIGN PROHIBITIONS Any sign not expressly permitted by this By-Law is prohibited and without limiting the generality of the foregoing, the following signs are specifically prohibited. No person shall erect, use or maintain, or cause or permit to be erected, used or maintained any of the following signs: a) A sign located on premises which does not specifically identify or advertise a business, service, or occupant of the premises where it is located, unless otherwise specified in this By-law; b) Roof sign; c) Overhanging sign/Projecting sign; d) Vehicle/Trailer sign on non-motorized vehicles where the purpose of the sign meets the definition of a sign under this By-law; e) A sign which may cause confusion with a traffic control sign or a traffic control signal; f) flashing or animated signs; 27 c) No person shall erect a sign which obstructs or otherwise impedes the utilization of a parking space, loading space, driveway or aisle unless additional parking spaces or loading spaces are provided to comply with the requirements and regulations of the Town; d) No person shall locate a sign which obstructs or impedes the functioning of any flue or air intake, or any exhaust system; e) No person shall nail, screw, tape or otherwise fasten a sign to a tree, fence or fence post other than a no trespass sign; f) No person shall erect a sign with a footing/foundation less than 1.0 metre (3.28 ft) from a street line; g) No person shall erect a sign higher than 0.75 metres (2.46 ft) within 3.0 metres (9.84 ft) of any road allowance where the sign may impede vision of an access from any improved public street to any lot; h) No person shall erect a sign within any road allowance other than a promotional subdivision development directional sign and an open house directional sign. i) No person shall erect a sign within a sight/visibility triangle. SECTION 6 GENERAL PROVISIONS FOR ALL SIGNS 6.1 LIMIT ON NUMBER OF SIGNS PER PREMISES: Except as otherwise permitted in this By-law the number of signs shall be limited to: a) One (1) ground sign, pylon sign or monolith sign per lot; b) For single-tenant buildings walls signs, awning signs and canopy signs are only permitted on one wall face or elevation in accordance with the maximum sign area provisions for the zone in which they are located, except that where a business premise is located on a corner or through lot or has entrances on two (2) or more public streets, or has both a front and a rear public entrance, one (1) additional wall sign is permitted; (c) For multi-tenant buildings one {1) of any of the following per business premise: i. wall sign, awning sign or canopy sign, except that where a business premise is located on a corner or through lot or has entrances on two (2) or more public highways, or has both a front and a rear public entrance one (1) additional 29 7.3 PROPERTY USE CATEGORIES For the purposes of this By-law, the type of sign allowed on a property is based on the use of the property. The following land uses which are permitted on particular lands by the Municipality's Zoning By-law are identified in "Schedule A" to this By-law: SECTION 8 RES IND sc NC INS FD EC cc residential industrial service commercial neighborhood commercial institutional future development entrepreneurial central commercial SPECIFIC SIGN REGULATIONS 8.1 AWNING SIGNS a) No portion of an awning sign shall be located less than 2.4 meters (7.87 ft) above finished grade immediately below such sign. b) No awning sign, or part thereof, shall extend laterally beyond the extremities of the awning. c) Awning signs are not permitted to project into a lane or alley. 8.2 BILLBOARD SIGNS a) A billboard sign shall not be located, erected or displayed within 400 meters (1 ,312.24 ft) of any other billboard sign. b) Animated signs are not allowed as billboard signs. 8.3 CANOPY SIGNS No portion of a canopy sign shall be located less than 2.4 meters (7.87 ft) above finished grade immediately below such sign. a) A canopy sign is permitted to project a maximum of 150 mm (0.51 ft) from an existing canopy structure. 8.6 MOBILE SIGNS Mobile signs shall be erected in compliance with the following: a) A mobile sign advertising a business may be erected provided that it is located on the same property as the business which it is advertising. b) No flashing lights c) One sign per property d) 30 meter (98.43 ft) distance between temporary or mobile signs e) Mobile sign permits are valid for 30 days f) Mobile sign permits may be renewed for a maximum of 180 days in a 12 month period 31 g) Signs shall not be placed in sight/visual triangles or near driveways that may block motorists view h) Where the mobile sign is rented/leased from a sign company, the sign shall have the name and telephone number of the sign company affixed to the sign in a clear and visible location. 8. 7 MONOLITH/PYLON SIGNS a) Monolith or pylon signs can be used as ground signs where ground signs are allowed. The regulations for ground signs will apply in regards to height and size. b) All monolith and pylon signs must include the municipal street address if the sign is located on the street frontage pertaining to the street address and shall display the municipal address number in numerals and letters that are a minimum of 150 mm (0.51 ft) in height; c) Monolith signs shall not have a sign display sutface located lower than 1.5 metres (4.92 ft) above finished grade. d) Pylon signs shall not have a sign display sutface located lower than 2.44 metres (8.01ft) above finished grade. e) The distance between Monolith/Pylon signs on adjacent properties shall not be less than 7.60 meters (24.93 feet). signs permitted per property; c) Properties that front onto multiple streets are permitted to place signs on each street frontage as per section 8.11 (b); d) Sign shall not exceed 1.0 metre (10.76 ft) squared; e) Shall not be located in a manner that restricts the free and safe movement for any pedestrian, vehicle or other conveyance on any sidewalk, path, road allowance or driveway, or in a manner which impedes vision, or interferes with parking spaces; f) Sign shall not be placed closer than 0.30 m (1.0 ft) from the street line; g) Signs manufactured prior to the passing of this by-law which are in excess of 1.0 meters (10.76 ft) squared shall be permitted for a period of 4 years from the date that this by-law was passed; h) Shall not be illuminated; 8.12 PROMOTIONAL SUBDIVISION DEVELOPMENT DIRECTION SIGNS Promotional Subdivision Development Direction signs shall be erected in compliance with the following: e) A maximum of 4 signs per sales office/model home 33 f) The sign shall only be used and displayed during the actual hours of operation of the subdivision sales office during week days; and signs may be displayed on Saturdays and Sundays provided that such signs are displayed on street boulevards only and are not located any closer than 1.0 metre (328 ft) to the curb, or where there are no curbs, 3.0 metres (9.84 ft) from the edge of the travelled portion of the street and that such signs are removed no later than 08:00 hours (8:00 a.m.) on each Monday. g) No Promotional Subdivision Development Direction sign shall be located within 25 meters (82.02 ft) of an intersection measured from the intersecting edge of curb or traveled portion of the street. h) No Promotional Subdivision Development Direction sign shall be located in a manner that restricts the free and safe movement for any pedestrian, vehicle or other conveyance on any sidewalk, path, road allowance or driveway, or in a manner which impedes vision; i) No Promotional Subdivision Development Direction sign shall be b) A subdivision development sign shall be removed within thirty (30) days after the date of the sale of the last property within the plan of subdivision. 8.16 WALL SIGNS The following regulations shall apply to wall signs: 35 a) No wall sign, or part thereof, shall extend above the top extremity of the wall upon which it is placed. b) No wall sign, or part thereof, shall extend laterally beyond the extremities of the wall upon which it is placed. c) No wall sign, or part thereof, shall project more than 500 mm (1.64 ft) from the wall upon which it is placed. d) No wall sign, or part thereof, that projects more than 50 mm (0.16 ft) from the wall upon which it is placed shall be located less than 2.4 meters (7.87 ft) above the grade below such sign. e) No wall sign, or part thereof, that projects more than 50 mm (0.16 ft) from the wall upon which it is placed if located on a lane shall be located less than 5.0 meters (16.40 feet) measured vertically from the surface of the lane. f) Wall signs shall only be located at the level having direct access to an exterior public way except that where a premise occupies all levels in a multi-storey building the wall sign may be located above the level having direct access to an exterior public way. g) Wall signs permitted on any wall of a commercial, industrial or institutional building shall have a maximum sign area of 0. 75 m2 (8.07 ft2) per horizontal linear meter of the wall face. h) Wall signs shall not cover more than 20% in total aggregate area of the wall on which they are erected, displayed or placed. i) The total area of any single wall sign per business premise shall not exceed 35m2 (376.74 tt2). j) Wall signs shall not be painted on the exterior walls of any building excluding a mural which has been approved by Council. b) whether such special circumstances or conditions are pre-existing and not created by the owner or applicant c) whether the proposed sign will detrimentally alter the character of the building, property or area, and d) whether the general intent and purpose of the Sign By-law is maintained 9.3 DIRECTOR APPROVED EXEMPTIONS The Director's approval authority does not apply to the following sections of the Sign By-law: 37 a) Schedule A, Permitted Sign Use/Property Use Table, Signs allowed by property use b) All Sign By-law provisions with regards to Mobile Signs c) All provisions with regard to Billboard Signs. 9.4 VARIANCE APPLICATIONS An application for a variance from one or more of the requirements in this Sign By-law shall: a) Describe the land, building or structure on which the proposed sign is or is to be erected, by street name, street number or by other equivalent description; b) State the full names, addresses, and telephone numbers of the owner and any occupant of the premises and the owner and/or lessee of the sign; c) Contain a declaration to be sworn by the applicant as to the truth and accuracy of the application, its contents and the submitted documents including property owner authorization; Be accompanied by plans, specifications, and drawings in accordance with the following subsection; d) The plans, specifications, and drawings required and referred to above shall: vi. Be drawn to scale and be of sufficient detail to establish SECTION 10 ENFORCEMENT PROVISIONS AND REMOVAL OF UNLAWFUL SIGNS 10.1 TOWN PROPERTY No signs shall be placed on or over Town property without approval from the Town. Where a sign does not comply with this by-law, is erected or displayed on, over, partly on, or over property owned by or under the jurisdiction of the Town, the sign may be removed immediately by the Town without notice or compensation. For this purpose, the Town and its agents may enter upon land at any reasonable time. 10.2 CONTRAVENTION PROCEDURE Where a sign does not comply with this by-law, is erected or displayed, the Chief Building Official or By-Law Enforcement Officer shall issue an order to do the work to correct the contravention, by personal service or regular mail, to the owner of the sign, or the owner or occupier of the land upon which the sign is located, the order shall include the following; a) The order shall outline the nature of the contravention, b) The section of the by-law that is contravened c) The date by which there must be compliance d) A description and address of the sign that is in contravention e) Include a statement of where and how the Sign may be redeemed 10.3 SIGN REMOVAL AND DISPOSAL Where a sign has been removed by the Municipality pursuant to this by-law, the owner and/or occupant is liable to a minimum charge per sign as per the Municipalities Rates and Fees By-Law as amended or the actual cost of removing the sign(s), whichever is greater. Signs that are removed shall be stored by the Municipality for a period of 30 days, during which time the 39 owner, occupant, and/or permit applicant is entitled to redeem the sign. The cost of removing the sign and the storage fee as per the Municipalities Rates and Fees By-Law as amended must be paid to the Municipality before the sign will be released. At the expiry of 30 day period, the sign will be disposed of by the Municipality. All fees and removal is to be at the expense of the owner or occupant and the expense may be collected in like manner as municipal taxes. \ 41 SECTION 12 SEVERABILITY If a court of competent jurisdiction should declare any section or part of a section of this By-law to be invalid, such decision does not affect the validity, effectiveness, or enforceability of the other sections or parts of the provisions of this By-law unless the court makes an order to the contrary. SECTION 13 CONFLICTING BY-LAWS Where there is a conflict of the provisions between this By-law and any other By-law of the Town regulating signage, the provisions of the By-law deemed by the Chief Building Official to be the most restrictive shall prevail. SECTION 14 INDEMNIFICATION The applicant for a permit for a sign, and the owner and occupant of the lands and premises on which any sign is erected, shall be jointly and severally responsible to indemnify the Town, its officers, employees, servants and agents, from all loss, damages, costs, expenses, claims, demands, actions, suits or other proceedings of every nature and kind arising from and in consequence of the construction, erection, maintenance, display, alteration, repair or removal of such sign. SECTION 15 VALIDITY: In the event any part or provision of this By-law is held to be illegal or void, this shall not have the effect of making illegal or void any of the other parts or provisions thereof, which may or shall be determined to be legal. SECTION 16 REPEAL Town of Tillsonburg By-Law 2976 and all of its amendments are hereby repealed upon the date this By-law comes into effect. Awning Canopy Sign Bectronlc Message Board Ground Sign Mobile Sign Monolith /Pylon Sign Not Permitted Allowed SCHEDULE A: PERMIITED SIGN USE/PROPERTY USE TABLE Allowed Not Pennilted Not Peimltted Not Permitted Not Permitted Not Permitted lillowed: one·perproperty, proVided no pylOn or rnonolilll Si!lnatrea<~y AREA: 1.5 m2 (1Sc15li"J HEIGHT: 1,5.rn NotP~ Not Permitted Not .Permitted 43 SubdiVision Development WatiSfgn SCHEDULE A: PERMITTED SIGN USE/PROPERTY USE TABLE Not Applicable Allowed: one Sign MEA: o.7sm2 (S.o71t"l HEIGHT:_1.0 ni (3.28 II) Not Applicable signs permitted on any wall of a commercial, industrial or inslitut!onal buijding shaH have a maximum sign area of 0.75 m 2 (8.07 n2) per horiZontal linear meter of the wall face. signs. shall nOt cover more than 20% In total aggregate area of the Wall on Which they are erected, disPlayed or placed. CC ZQne-allOWed: one per property. provided no awning or.canopy sign alreaclY not exceed 351!1' (375.74 one sign, .must meet area. reqUfremenlS 50 % of windoW area diS1ribllted across 100% of the glass : "Residii!lltl;aJbuUdings Within the DOWNTOWN area are allowed 10% of ihe windoW area 45 SIGN BY-LAW PROPOSED FEES (to amend Rates & Fees By-Law) PERMIT FEES (Section 3. 7) Sign Type Proposed Fees Current Fees (2001) Mobile Signs $25 .00/month $25. 00/month Temporary Signs over 1 mz Permit exempt 25.00/month (construction/development type) Ground, Menu Board Signs $100.00/ea $25.00 for the first Wall, Fascia, Canopy, $100.00/ea (up to 10 mz) $1,000.00 of estimated Awning Signs value of construction, plus $150.00/ea (over 10m2) $5.00 per each additional $1,000.00 or part there of No Fee in CC Zone if signage and lighting of signage meets the Example: objectives of section 3.3 of Value Permit Fee the 2012 Central Area 2,000.00 = 30.00 Design Study 5,000.00 = 45.00 Monolith,Pylon Signs $250.00/ea 10,000.00 = 70.00 Billboard Signs $350.00/ea 20,000.00 = 120.00 40,000.00 = 220.00 Construction/ Placement Double the applicable Double the applicable Without a Permit permit fee permit fee VARIANCE FEES (Section 9) -currently no fees for variance request Sign Variance Applications Sign Variance Appeal Application $350.00 $250.00 $150.00 MINIMUM SIGN REMOVAL FEES (Section 11.4)-currently no set fees General $1 00.00/sign Mobile Sign $250.00/ea Posters $25.00/ea + cost to repair any damage to public property Temporary Signs $25.00/ea A-Frame/Sandwich Board/Sidewalk Signs $1 00.00/ea Banner Sign $ 250.00/ea STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES REPORT TITLE: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: SOLE SOURCING -ADVERTISING AND BUSINESS DEVELOPMENT PURCHASES DCS 14-24 CEPHAS PANSCHOW COUNCIL MEETING APRIL 14, 2014 "THAT Council receive Report DCS 14-24 Sole Sourcing-Advertising and Business Development Purchases; AND THAT staff be authorized to sole source the items contained within Report DCS 14-24 Sole Sourcing -Advertising and Business Development Purchases . " EXECUTIVE SUMMARY The purpose of this report is to seek Council approval to sole source a number of advertising and related business development purchases in order to support the marketing and business development objectives for the Town while remaining in compliance with the approved Purchasing Policy. Section 5.1. 7 of the Purchasing Policy specifically stipulates that any contracts for single or sole source purchases are subject to Council approval. The Policy does not make any exception for advertising or business development purchases where there are often no comparative opportunities where pricing can be obtained. FINANCIAL IMPACT /FUNDING SOURCE There is no funding impact with respect to this report as the items identified above are included in the approved 2014 budget. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature CEPHAS PANSCHOW DAVID CALDER (ACTING) DARRELL EDDINGTON Page 3/3 Date: APRIL 8, 2014 Date: APRIL 9, 2014 Date: APRIL 9, 2014 CAO STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES Report Title: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: TURTLEFEST COMMITTEE REQUESTS DCS 14-21 COLLEEN PEPPER COUNCIL MEETING APRIL 14, 2014 RESOLVE THAT Council receive Report DCS 14-21-Turtlefest Committee Requests; AND THAT the 2014 Turtlefest festival be designated a municipally significant event for the purposes of raising the profile of the event and obtaining a Special Occasion Permit under the Alcohol and Gaming Commission of Ontario application process; AND THAT the Lake Lisgar Revitalization Project Committee and the Tillsonburg Sea Scouts be given permission to operate a motorized watercraft on Lake Lisgar as part of the Turtlefest events and as provided for under Paragraph 2 of Bylaw 2619., CONSULTATION/COMMUNICATION Event details are being coordinated in consultation with the BIA, Roads Department, Parks and Recreation, and relevant regional and provincial agencies. As noted above, the required road closure is being carefully planned in consultation with the Downtown Business Improvement Association and their members, Emergency Services, the Town of Tillsonburg and the Ontario Ministry of Transportation in order to ensure that concerns are addressed appropriately and the event is a success. Other closures/reservations being contemplated are Park Avenue and Reynolds Drive (in Memorial Park). THI will also be consulted with regarding hydro requirements at each venue. FINANCIAL IMPACT /FUNDING SOURCE Not applicable. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature COLLEEN PEPPER DAVID CALDER (ACTING) DARRELL EDDINGTON Page 3 I 3 Date: April 7, 2014 Date: APRIL 9, 2014 Date: APRIL 9, 2014 CAO 15 Delevan Crescent Tillsonburg, ON N4G 3M6 April 8, 2014 To Whom It May Concern: Please accept this letter as our formal request for permission to operate a motorized watercraft on Lake Lisgar for Turtlefest, which is scheduled for June 14, 2014. Bylaw 2619, a Bylaw to Prohibit Water Craft from Operating on Lake Lisgar, does allow for the use of motorized water craft on Lake Lisgar if approval is given by a resolution of Town Council. Specifically, Paragraph 2 of Bylaw 2619 states: That regulations provided in Paragraph 1 shall not apply to a performance or activity given under the auspices of a patriotic, fraternal, or charitable society, service club or non-profit organization provided permission by resolution is given by the Council of the municipality. Hence, the Lake Lisgar Revitalization Project Committee is requesting permission for the use of one motorized craft for their Turtlefest activity, in conjunction with the 3rd Tillsonburg Sea Scouts. Submitted Respectfully by: U4 Frank Kempf, Chair of LLRP Title: Report No.: Author: Meeting Type: f !s STAFF REPORT FINANCE 2013 RECONCILED CONTRACT POLICING COSTS -OPP FIN 14-15 DARRELL EDDINGTON COUNCIL MEETING Council/Committee APRIL 14, 2014 Date: Attachments: 2013 RECONCILED CONTRACT POLICING COSTS -OPP RECOMMENDATION THAT Council receives report FIN14-15 2013 Reconciled Contract Policing Costs-OPP. AND THAT $126,723 be contributed to reserves to be utilized for policing costs. EXECUTIVE SUMMARY To provide Council with information on the January 1, 2013 to December 31, 2013 OPP actual costing and obtain approval to contribute the reconciled amount to reserves. BACKGROUND Attached is correspondence received from the OPP concerning the $126,723 final year end reconciliation amount for 2013. Staff recommends that the amount be contributed to reserves. Taking this final year end reconciliation into account, the OPP contract was $3,071,551, $253,589 below the OPP's annual 2013 estimate and the Town's 2013 budget. The semi- annual reconciliation credit of $126,866 was contributed to reserves at the Council meeting of November 11, 2013. FINANCIAL IMPACT /FUNDING SOURCE N/A CAO Ontario Provincial Police March 20,2014 CAO/Clerk Police provinciale de !'Ontario The Town ofTillsonburg 200 Broadway, 2nd Floor Tillson burg, ON POT 1 CO Dear Sir/Madame: Municipal Policing Bureau Bureau des servl<:ts pollelers des muoleipaUtes 777 Memorial Ave. 777, ave Memorial Orlllia ON L3V 7V3 Orlllia (ON) L3V 7V3 Tel: (705) 329-6200 Fax: (705) 330·4191 File number/Reference: 460 20 6208 Re: Year 2013 Reconciled Contract Policing Costs-Ontario Provincial Police (OPP) Please fmd attached the 2013 annual .financial statements, reconciling OPP policing costs for your municipality. · Please note that municipalities will receive an applicable credit for either the Provincial Services Usage (PSU), which compensates municipalities for time officers spend away from the detachment area performing provincial duties, m: a reduction of Hours Below Minimum, as set out in the contract, whichever is greater. The difference between the billed amount (net of any semi-annual reconciliation credit issued) and the actual costs will be credited or billed to your municipality directly by the Ontario Shared Services (OSS) in the next few weeks. If you wish to apply a final year end reconciliation credit amount against your current balance (or a future invoice), please clearly indicate this request on your remittance (cheque stub or remittance advice) to OSS to ensure your credit is properly applied on your account. If you have any questions regarding the attached annual .financial statements~ please contact your local Detachment Commander. Regards, RA. (Rick) Philbin Superintendent Commander Municipal Policing Bureau Attachments c: Chair, Police Services Board Detachment Commander, Oxford County OPP ec: Commander, West Region O.P.P. COSTING SUMMARY TOWN OF TILLSONBURG Actual Policing Costs for the period January 1, 2013 to December 31, 2013 NOTES TO STATEMENT 1) Uniformed salaries used for the reconciliation to actual costs are the January 1, 2013 salaries negotiated with the Ontario Provincial Police Association (OPPA). Civilian salaries are the salaries negotiated with the OPPA effective January 1, 2013. 2) Salary & overtime reconciliation by rank and classification are detailed on the attached Schedule "A". Salaries (uniform and civilian). 3) Contractual Payouts are calculated using actual costs. 4) Shift Premium is calculated at $678 per Sergeant and Constable. 5) Th~ benefit rates are 24.90% of salaries for unifonned officers, 25.3% for civilian staff, 19.6% for Uniform part-time staff, 19.7% for Civflian part-time staff and 2% for overtime payments. 6) Communication Operator costs are calculated at $5,220 per un~ormed member. 7) Prisoner Guards I Expenses are calculated at $1,381 per uniformed member. 8) Office Automation Support Salaries & Benefits are calculated at $354 per uniformed member. 9) Telephone Support & Benefits are calculated at $120 per uniformed member 1 0) Operational Support & Benefits are calculated at $3,907 per uniformed member. 11) Ontario Shared Services (OSS) Payroll and Benefit charge efiminated effective January 1, 2012. 12) Other items are calculated as follows: a) Communication Centre is calculated at $258 per uniform member. b) Operational Support is calculated at $837 per uniformed member. c) RHQ Municipal Support is calculated at $1,955 per uniformed member. d) Vehicle Usage is calculated at $8,258 per uniformed member. e) Telephone cost is calculated at $1,228 per uniformed member. f) Office Supplies & Equipment are calculated at $448 per uniformed member. g) Accommodation are provided by the municipality. h) Uniform & Equipment is calculated at $1,167 per uniformed member. Uniform & Equipment-Court Officer Is calculated at $956 per court officer. i) Cleaning Costs are provided by the municipality. j) Mobile Radio Equipment Maintenance is calculated at $786 per uniformed member and courtnfflcer. k) Office Automation is calculated at $1,316 per uniformed member and $1,648 per civilian member. Office Automation Civilian . Includes the annual lease of a standard destop computer is calculated annually in the amount of $1,765. I) OSS Financial Services Fee 1.15% of Total Other Direct Operating Expenses eliminated effective January 1, 2012. 13) Revenues collected on behalf of the municipality for the period January 01 to December 31, 2013 as provided by detachment. Total Revenue Reimbursed to Municipality $1,755 14) A Provincial Services Usage (PSU) reduction of 3.29% of the actual policing cost is given to the municipality. This PSU compensates the municipality for the deployment of officers to other areas in response to investigations or other occurrences deemed to be provincial responsibilities. 15) The difference will appear on a separate credit note which will be forwarded to your municipality by Ontario Shared Services Bureau. Title: Report No.: Author: Meeting Type: STAFF REPORT FINANCE Credit Card Processing Fees FIN 14-13 Denis Duguay COUNCIL MEETING Council/Committee APRIL 14, 2014 Date: Attachments: BY-LAW 3808 CREDIT CARD PROCESSING FEES RECOMMENDATION THAT Council receive Report FIN 14-13 Credit Card Processing Fees; AND THAT Council consider By-Law 3808 for three readings to formalize the existing fee for payment card processing services with respect to utility payments. BACKGROUND Since 2011 when the OEB mandated the utility to offer card payments, the Town on behalf of Tillsonburg Hydro Inc., has accepted credit card payments for utility payments using a third party vendor, Paymentus. This vendor adds a credit card service charge to recover their cost, thus eliminating any processing fees charged to Tillsonburg Hydro Inc. In 2013, this service was used on 45 occasions for utility payments. On December 18, 2013, Finance was notified by the third party vendor that as January 15, 2014, Visa Canada will no longer permit the application of a surcharge without a Council approved By-Law in place specifically permitting surcharges on Visa card payments. On January 15, 2014, Finance received notification the deadline had been extended to March 31, 2014 to allow negotiations between Visa Canada and the third party vendors. MasterCard and American Express are not affected by these changes. Comments The cost to any supplier to accept credit cards as payment for goods and services provided can be substantial. The amount charged can vary from 1.5% to over 5% depending on the credit card presented. In realising the convenience to the public to use credit cards for utility payments, the Town has used a third party vendor, for Tillsonburg Hydro Inc., to accept card payments and allow their service fee be charged to offset their costs. CAO THE CORPORATION OF Tiffi TOWN OF TILLSONBURG BY-LAW NO. 3808 A BY -LAW to establish a service fee for payment card processing services with respect to utility bill payments. WHEREAS the Council of the Corporation of the Town ofTillsonburg is desirous of establishing a service fee for payment card processing services with respect to utility payments to Tillsonburg Hydro Inc. THEREFORE the Council of the Corporation Town ofTillsonburg enacts as follows: I. Where a payment card, specifically Visa, MasterCard, American Express or any other payment card authorized for acceptance, is used to pay for utility bills pertaining to Tillsonburg Hydro Inc., the payment card processing service fee shall be charged in addition to the originating charge. Read a First and Second Time this 14th day of April, 2014. Read a Third and Final Time and passed this 141h day of April, 2014. Mayor-John Less if Clerk-Donna Wilson Title: Report No.: Author: Meeting Type: STAFF REPORT PARKS AND RECREATION SERVICES Awarding 2014-2018 Grass Cutting and Flower Bed Maintenance Contracts PRS 14-07 KELLY J. BATT COUNCIL MEETING Council/Committee MARCH 24, 2014 Date: Attachments: • Tender Results Spreadsheet • Tender T-02-13 • Tender T-03-13 RECOMMENDATION THAT Council receives Report PRS 14-07 Awarding 2014-2018 Grass Cutting and Flower Bed Maintenance Contracts for 2014 through 2018; AND THAT Council awards grass cutting contracts for 2014-2018 as follows: Zone 1 -D&D Commercial Property Maintenance, Ingersoll Zone 2 -Parrot Yard Services, Tillson burg Zone 3 and Zone 5 -!Weed Inc., London Zone 4 -Natures Choice Lawn Care & Irrigation, Tillsonburg AND THAT Council awards the flower bed maintenance contract for 2014-2018 to Natures Choice Lawn Care & Irrigation; AND THAT a by-law be brought forward for Council's consideration. EXECUTIVE SUMMARY The existing contracts for grass cutting and landscape bed maintenance reached their scheduled end in 2013. Tenders were issued for 2014-2018 and closed on January 22, 2014. Staff recommends that Council award the contracts as per the results of the tenders. BACKGROUND INFORMATION In 2013 contacts ended for the prov1s1on of contracted garden maintenance and grass cutting services for Town parks and municipal properties. Tender packages were put together using the new procurement documents and advertising took place via the newspaper and town website. It was decided to obtain pricing for a five year period for both tenders. Town staff met with interested contractors in November 2013 to review both packages and answer any specific questions. The tender period lasted almost nine weeks to provide ample time for the contractors to submit a price. A total of eight contractors picked up grass cutting packages and six picked up landscaping packages. Five contractors submitted grass cutting tenders 1/3 PRS 14-07-Awarding 2014-2018 Grass Cutting and Flower Bed Maintenance Contracts.docx CAO support the costs for a typical season with a small contingency for extra work if needed. APPROVALS Author Name/Signature Director Name/ Signature Finance Name/Signature Kelly J. Batt Parks & Facilities Manager Rick Cox Director of Parks & Recreation Darrell Eddington Director of Finance 3/3 PRS 14-07-Awarding 2014-2018 Grass Cutting and Flower Bed Maintenance Contracts.docx DATE: MARCH 3,2014 DATE: MARCH 3,2014 DATE: MARCH 4,2014 CAO ( Tender T-02-13 Town of Tillsonburg Grass Cutting Quotation Bid Sheet 2014-2018 List of bidders submitting prior to Jan 22, 2014 12:00PM Closing Zone 2014 1 $ 585.00 2 $ 650.00 D&D Property Maintenance-3 $ 286.00 4 $ 1,168.70 Ingersoll 5 $ 565.50 6 $ 1,200.00 Total $ 4,455.20 1 $ 1,825.00 2 $ 1,035.00 Doxtater Property Maintenance 3 $ 345.00 Southwold 4 $ 2,555.00 5 $ 395.00 6 $ 3,200.00 Total $ 9,355.00 1 $ 710.00 2 $ 520.00 3 $ 600.00 Natures Choice-Tillsonburg 4 $ 900.00 5 $ 420.00 6 $ 800.00 Total $ 3,950.00 1 2 $ 510.00 ck Parrot Yard Services -3 4 Tillsonburg 5 6 Total $ 510.00 1 $ 1,000.00 2 $ 653.00 3 $ 269.00 iWeed -London 4 $ 1,431.00 5 $ 336.00 6 $ 2,500.00 Total $ 6,189.00 Tender T-03-13 Town of Tillsonburg Flower bed maintenance 2014-2018 List of bidders submitting prior to Jan 22, 2014 12:00PM Closing $ $ D&D Property Maintenance $ $ $ Doxtater $ $ $ Natures Choice $ Opened at the Tillsonburg Community Centre ll''n-inesday January 22, 2014 lt: Kelly Batt Rick Cox Darrell Eddington 2014 3,500.00 1,500.00 40.00 6,500.00 4,500.00 25.00 2,960.00 800.00 35.00 2015 $ 585.00 $ 650.00 $ 286.00 $ 1,168.70 $ 565.50 $ 1,200.00 $ 4,455.20 $ 1,825.00 $ 1,035.00 $ 345.00 $ 2,555.00 $ 395.00 $ 3,200.00 $ 9,355.00 $ 710.00 $ 520.00 $ 600.00 $ 900.00 $ 420.00 $ 800.00 $ 3,950.00 $ 510.00 $ 510.00 $ 1,000.00 $ 653.00 $ 269.00 $ 1,431.00 $ 336.00 $ 2,500.00 $ 6,189.00 2015 $ 3,500.00 $ 1,500.00 $ 40.00 $ 6,500.00 $ 4,500.00 $ 25.00 $ 2,960.00 $ 800.00 $ 35.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ I Packages issued 2016 2017 585.00 $ 585.00 650.00 $ 650.00 286.00 $ 286.00 1,168.70 $ 1,168.70 565.50 $ 565.50 1,200.00 $ 1,200.00 4,455.20 $ 4,455.20 1,864.00 $ 1,864.00 1,058.00 $ 1,058.00 365.00 $ 365.00 2,664.00 $ 2,664.00 423.00 $ 423.00 3,275.00 $ 3,275.00 9,649.00 $ 9,649.00 781.00 $ 781.00 572.00 $ 572.00 660.00 $ 660.00 990.00 $ 990.00 462.00 $ 462.00 880.00 $ 880.00 4,345.00 $ 4,345.00 550.00 $ 550.00 550.00 $ 550.00 1,024.75 $ 1,024.75 669.00 $ 669.00 276.50 $ 276.50 1,466.50 $ 1,466.50 346.50 $ 346.50 2,575.00 $ 2,575.00 6,358.25 $ 6,358.25 I Packages issued 2016 2017 3,500.00 $ 3,500.00 1,500.00 $ 1,500.00 40.00 $ 40.00 6,600.00 $ 6,600.00 4,570.00 $ 4,570.00 26.00 $ 26.00 3,256.00 $ 3,256.00 880.00 $ 880.00 40.00 $ 40.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 81 2018 585.00 < «Low bid 650.00 286.00 1,168.70 565.50 1,200.00 4,455.20 1,864.00 1,058.00 365.00 2,664.00 423.00 3,275.00 9,649.00 859.10 629.20 726.00 1,089.00 508.20 968.00 4,779.50 550.00 550.00 1,055.25 688.50 283.00 1,508.00 346.00 2,645.00 6,525.75 2018 3,500.00 1,500.00 40.00 6,700.00 4,640.00 27.00 3,581.60 968.00 45.00 «<Low bid «<Low bid <«Low bid «<Low bid «<Low bid «<Low bid «<Low bid Municipal Grass Cutting Services Tender T-02-13 Section One Instruction to Bidders 2.5 If bidders find discrepancies, omissions, errors, departures from building by-laws, codes or good practice, or points considered to be ambiguous or conflicting, they shall bring them to the attention of the Town as per Section 2.1 In writing, and not less than seven (7) business days before the bid closing date, so that the Town may, if the Town deems it necessary, Issue instructions, clarifications, or amendments by addendum to all bidders prior to the bid closing date. The Town wfll endeavor to issue such addenda at least seventy-two (72) hours prior to bid closing. 2.6 Addenda's Issued during the bidding period shall become part of the Bid Documents and their receiAt shall be acknowledged in the space provided on the Form of Tender. Notices of addenda will be posted on the Town's website www.tlllsonburg.ca. Although notification of the Addenda will be sent to the plan-takers list via e-mail, It Is the bidder's responsibility to check the Town's website to assure they have the most recent addenda. 3.0 Bid Performance & Security 3.1 Each bid shall be accompanied by bid security, If applicable, in the form of a bid bond or certified cheque in the amount of. -· All bid bonds shall name the Town as oblige and be issued by a surety licensed to conduct surety and insurance business in Ontario. The bid security Is for the benefit of the Town and stands as security that the bidder, If awarded the contract, will deliver the performance security and evidence of insurance and other documents required by these Instructions to Bidders or by the contract, and will execute the contract. The bid security shall remain valid for a period of one hundred and forty (140) days from the date of bid submission. 3.2 The bid security of the bidder whose bid is accepted will be retained by the Town to compensate the Town for the damages it will suffer should the successful bidder fall to execute the contract and/or fall to provide the specified performance security and/or evidence of Insurance and other documents required by these Instructions to Bidders or by the contract. 3.3 The bid security of the bidder whose bid is accepted will be returned after the delivery of the specified performance security and evidence of insurance and other documents required by these Instructions to Bidders or by the contract, and after the execution of the contract. The bid security of all other bidders will be returned after the execution of the contract or after the expiry of this bid process without an award of contract or after the rejection of all bids. 3.4 Each bid shall be accompanied by an agreement to bond Issued by the shall result In the bid being declared non-compliant. 4.7.2 Where a bidder lists "own forces" in lieu of a subcontractor, the bidder shall carry out such Item of the work with its own forces. Where "own forces"' have been listed by a bidder, the Town reserves the right to obtain information from the bidder and from third parties respecting the qualifications and experience of the bidders "own forces" for such item of the work. If the Town, acting reasonably, determines that the bidders' "own forces" are not sufficiently qualified or sufficiently experienced to undertake such Item of the work, it shall reject the bid. 4.8 Itemized and Alternative Prices 4.8.1 Where required by the Bid Documents, a bidder shall submit itemized and alternative prices; 4.8.2 itemized prices for work, if any, shall be included in the bid price; and, 4.8.3 alternative prices for work, If any., shall not be included in the bid price. 4.8.4 The Town reserves the right to accept or reject any or all alternative prices submitted. 4.9 Unit Prices 4.9.1 Where required by the Bid Documents, a bidder shall subnilt unit prices. All quantities outlined in the Bid Documents are estimates only. For any work done or materials supplied on a unit price basis, payment will be made for the actual measured quantities at the respective unit prices. 4.9.2 All unit prices, unless specifically Indicated, are for complete work, in place, supplied and installed. 5. Bid Submission 5.1 Submit one (1) completed original and two copies of the Form of Tender, accompanied by the bid bond or certified cheque and the agreement to bond, in a sealed envelope. Ensure that the outside of the envelope bears the bidder's return address and a label clearly identifying the project and project number for which the bid is submitted. 5.2 Submit the envelope to: TIIIsonburg Community Centre , 45 Hardy Avenue , Tillsonburg , Ontario, N4G 3W9-Main Office 5.3 Bids must be received before 12:00 p.m. local time on Wednesday January 22, 2014. The term ''local time'' shall mean the time as measured by the identified clock at the recipient's location. 5.4 Bids will be date and time stamped at the location receiving the bids. Late bids will be returned unopened. 8.5 The Town reserves the right to award the contract to the bidder which submitted the bid which, in the Town's sole discretion, provides the best value to the Town based on the criteria described in the Bid Documents Including, but not limited to, a bidder's: 8.5.1 Base Bid; 8.5.2 Base Bid, as adjusted by the Town pursuant to the Bid Documents; and 8.5.3 Clarification provided pursuant to Section 9 (Requests for Clarification). 8.6 The Town may accept or reject any regular, irregular, unbalanced, informal or non-compliant bid. 8. 7 Incomplete or conditional bids may be declared non-compliant. 8.8 The Town reserves the right to consider, during the evaluation of the bids; 8.8.1 information provided in the bid itself; 8.8.2 Information provided In response to enquiries of credit and industry references set out In the bid; 8.8.3 Information received in response to enquiries made''by the Town of third parties apart from those disclosed in the bid In relation to the reputation, reliability, experience and capabilities; 8.8.4 the manner in which the bidder provides services to others; 8.8.5 the experience and qualifications of the bidder's senior management and project management; 8.8.6 the compliance of the bidder with the Town's requirement and specifications; and, 8.8. 7 innovative approaches proposed by the bidder in the bid. 8. 9 The bidder acknowledges that the Town may rely on the criteria which the Town deems relevant, even though such criteria may not have been disclosed to the bidder. By submitting a bid, the bidder acknowledges the Town's rights under this section c;lnd absolutely waives any right, or caused of action, against the Town and its consultants, by reason of the Town's failure to accept the bid submitted by the bidder, whether such right or cause of action arises in contract, negligence or otherwise. 8.10 The Town reserves the right to open the bid and negotiate with a single bidder, in cases where only one bid is received, or to negotiate with a bidder of the Town's choice, if all bids are over budget or too high. 14. Claims or Litigation 14.1 The Town shall not consider bids received from parties with whom the Town is in litigation, or pending litigation, unless approval allowing such consideration is obtained by the bidder from the Council of the Town prior to the close of bidding. 14.2 Bids which are not considered pursuant to the aforementioned policy shall be returned to the bidder and no contract in regard to the bid process shall have been created as between the bidder and the Town. 15. Representation & Warranty 15.1 The bidder represents and warrants that Its bid is compliant with the terms set out In the Bid Documents. The bidder acknowledges that the Town is relying on this representation and warranty. In the event that the bidder's bid Is accepted by the Town and the bid is held by a Court of competent jurisdiction to be non-compliant with the terms set out in the Bid Documents in a proceeding commenced by another bidder (the "Claimant"), the bidder will indemnify the Town for any award of damages. Howsoever characterized, that are payable to the Claimant as well as for the Town's actual legal expense, including all legal fees and disbursements as billed to the Town. 16. Freedom of Information 16.1 The bidder acknowledges that any bid submitted shall become a record belonging to the Town and therefore Is subject to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c M.56, as amended. This provision law gives individuals, businesses and other organizations a legal right to request records held by the Town, subject to specific limitations. The bidder should be aware that it Is possible that any records provided to the Town, including but not limited to, pricing, technical specifications, drawings, plans, audio visual matE!rials or information about staff, parties to the bid or suppliers could be requested under this law. If the bidder believes that all or part of the bid should be protected from release, the relevant parts should be clearly marked as confidential. Please note that this will not automatically protect the submission from release, but it will assist the Town in making a determination on release if a request is made. Request for Tender# T-02-13 Municipal Grass Cutting Services Tender Closing: Wednesday January 22, 2014-12:00p.m. LOCAL TIME Please submit one (1) completed original and two copies of the Form of Tender , in a sealed envelope to the Town of Tillsonburg at the following address: Tillsonburg Community Centre 45 Hardy Avenue Tillsonburg Ontario N4G 3W9 Delivered to the reception desk 1. Please ensure that the outside of the envelope includes the bidder's name, its return address and a label clearly identifying the Project and Project number for which the bid is submitted. .. 2. Questions of a technical nature and all purchasing-related enquiries in relation to this Request for Tender (RFT) shall be directed to Kelly Batt, at FAX-(519) 842-4120 or email kbatt@tillsonburg.ca no later than Tuesday January 21, 2014 at 11:00 AM local time. 4. By submitting a bid, you have accepted an offer by the Town to enter into a "bid contract" for the evaluation of bids and the award of the Contract, if an award is made. You acknowledge that the terms of the "bid contract" are represented by the Bid Documents (hereinafter defined). 5. Failure to submit a bid which complies with the requirements of the Instructions to Bidders shall cause a bid to be declared non-compliant. 6. Bid results will be posted, where and when applicable, on the website after the closing date: Wednesday January 22, 2014. 7. The lowest or any bid will not necessarily be accepted. Yours truly, Kelly Batt Page 1 Zone Tender T -02-13 Town of Tillsonburg Grass Cutting Quotation Bid Sheet 2014--2018 Contractors Name : Pricing ro exclude HST Location 1 Southridge Park 1 Glendale Park 1 Trottier Park 1 Memorial Park 2 Coronation Park 2 Gllvesy Park 2 Cadman Park 2 Cranberry Park 3 Newman Park 3 Mineral Springs Parkette 3 Elliott Fairbairn Centre 3 TIIIsonburg Community Centre 3 Customer Service Centre 3 OPP Station 3 TIIIsonburg Are Hall 4 Pine Street Parkette 4 Annandale Diamonds and adjacent land 4 Partlcipark 4 Westmount 4 TIIIsonburg Museum 4 Tanager and Bobolink Jot 4 Woodcock Transformer Station 4 Station Arts Centre land west of building 4 Island near Customer 5ervlce Centre 4 lot north of Kelsevs 4 Sears Parkette 4 Old Vienna Road S Island near Parkwood Drive S Hydro Station by Tim Hortons 5 Walkway by Nlkos Restaurant 5 Lot on North Street s Park Office property 5 Municipal Boulevards by Mall 5 Island on Usgar Ave. 5 Island on Bidwell 5 Island by Kelseys 5 Woodhaven Subdivision Frontage 5 Front of Oock Tower 6 TIIIsonburg Airport Cost per cut 2014 Cost per cut 2015 Cost per cut 2016 Cost per cut 2017 The Grass Cutting Quotation Bid Sheet Is broken up on six zones so that contractors who only wish to bid on individual zones are able to. If you are submitting a bid you must at least provide pricing for at least one entire i:One. Cost per cut 2018 r ' 1M IRREGULARITY RESPONSE Bids containing clerical errors that do not result Two (2) business days to correct and initial. 11. in any ambiguity with respect to the overall submission or award decision, in the opinion of the Director of Finance. Two (2) business days to initial changes. The 12. Un-initialed changes to the submission. Town reserves the right to waive the initialing requirement and accept the submission as corrected. 13. Signature missing. Rejection. 14. Failure to include required supplementary Two business days to submit. copies of the original at time of submission. 15. Failure to acknowledge addenda. Rejection. When contact is made with any person at the Rejection 16. Town other than the individuals outlined in the Bidder's Instructions. Despite the provisions herein contained, 17. Any irregularity or non-compliance. Council may waive any irregularity or non- compliance. Pn:f.ICING ) Failure to include the schedule(s) of items & Rejection. 18. prices, price form or price details, as may be applicable, for inclusion with the submission. Pricing appears to be unbalanced to the extent Rejection. 19. that it may have a significant adverse effect to the Town if awarded, in the opinion of the Director of Finance. BID DEPOSIT 20. Bid deposit or Bid Bond not submitted with bid. Rejection. 20. Bid deposit or Bid Bond amount is insufficient Rejection. by more than $1.00. 21. Surety provider's or Bidder's authorized Rejection. signature missing from Bid Bond. 22. Effective period of Bid Bond is less than the Rejection. period set out in the bid documents. AGREEMENT TO BOND 23. AQreement to bond not submitted with bid. Rej~ction. 24. Agreement to bond not in the form specified. Rejection. ?5. Agreement to bond amount is insufficient by Rejection. more than $1.00. 126. Surety provider's or bidder's authorized Rejection. signature missing from agreement to bond. PageS Section Three Specifications and Mapping 7. All work performed under this contract must be carried out in accordance with the terms and conditions if the OCCUPATIONAL HEALTH & SAFETY ACT, LATEST REVISION. Department of Labour Regulations are to be observed regarding hard hats, safety footwear, appropriate clothing (no bare tops will be allowed), and ear and eye protection is mandatory. 8. The contractor shall remove all litter from grass cutting areas before the actual cutting is to be done. Litter cut up by the contractor's machinery shall be the responsibility if the contractor to pick up and remove from the site. 9. Grass cutting shall include trimming of the grass and weeds around trees, bushes, buildings, waterways, ditches, fences, flowerbeds, parking curbs, under benches, under receptacles and any other objects necessary for good maintenance and appearance of the faclllty(s). lO.Special attention is essential when trimming around trees and shrubs to ensure the plants are not harmed by breaking or scoring the bark. The contractor shall be responsible for any damage caused to buildings, vehicles, equipment, trees, landscaping or any other assets on Town of Tillsonburg property. All accidents or incidents are to be reported to the Parks and facilities Manager or designate. \ J SPECIFIC REQUIREMENTS 1. Grass to be cut on a weekly basis except where drought conditions exist. In the Instance of drought the weekly scope may be modified by the Parks and facilities Manager or designate. Grass shall be cut to a height of 2" with a rotary turf type mower. 2. All adjoining areas such as ball diamond infields, sidewalks, walkways and parking areas must be cleaned of grass clippings following cutting. 3. Special attention must be observed while working around people or animals to ensure their safety. Discharge shoots should always be directed away from any area's where projectiles could cause damage to property or person. 4. The Town of Tillsonburg reserves the right to cancel this agreement with 15 days advanced notification if the requirements (general or special, as above) are not being fulfilled or if any workmanship is deemed unsatisfactory. a-rordCountY._ ~~g stronger. .. together 160.5 NAD_1983_UTM_Zone_17N @County of Oxford 0 80.26 160.5Meters September 19, 2013 Glendale Park 1:3,160 This map is a user generated static output from an Internet mappilg site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY i.· ' • ... Legend Notes 642.1 NAD_1983_UTM_Zone_17N ® County of Oxford 0 Memorial Park 321.04 642.1 Meters September 19, 2013 This map ls a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY t' Lege01d Notes 321.0 NAD_1983_UTM_Zone_17N Ia County of Oxford 0 160.52 321.0Meters September 19,2013 Gilvesy Park 1:6,320 This map IS a user generated static output fi"om an lntemet mapping site and ls for reference only. Data layers that appear on this map may ac may not be accurate, current, or otherwise refiable. NOTE:lHIS IS NOT A PLAN OF SURVEY Notes 80.3 NAD_1983_UTM_ZOne_17N 1e county of Oxford 0 Cranberry Park 40.13 80.3Meters September 19,2013 ·'-v", .. ; '\ ·.··,·:' ·. · . .. . . :, \ ,\ This map is a user genaraleli static output ltom an Internet mapping site and Is 1br reference only. Data layers that swear on this map may or may not be accurate, curent, or otherwise reliable. NOTE: THIS IS NOT A PLAN OF SURVEY !Legend Notes Sa,.,+ordCoun~ V"~wingstronger: .. together 40.1 NAD_1B83_UTM_Zone_17N Cl County of Oxford 0 Mineral Springs Parkette 20.06 40.1Meters September 19, 2013 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. NOTE;THIS IS NOT A PLAN OF SURVEY i. Legend Notes Sv-+ordCoun?Y._ ~~wmg stronger. .. together 160.5 NAD_1983_~_Zone_17N © CCUlly of Oxford 0 Tillsonburg Community Centre 8026 160.5Meters September 19, 2013 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear en this map may or may not be accurate, current, or otherwise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY Legend Notes 160.5 NAD_1983_UTM_Zone_17N @ County of Oxford 0 OPP and Fire Hall 80.26 160.5Meters September 19, 2013 This map is a user ganeratad static output from an lntemet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY Legend Notes iilv.i:ordCoun!:Y.. ~~wing stronger. .. together 321.0 NAD_1983_UTM_Zone_17N ~ County of OXfon1 0 Annandale Diamonds and adjacent land 160.52 321.0Meters September 19, 2013 1:6,320 This map is a user generated static output from an Internet mapping site and Is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY Legend Notes 160.5 NAD_1983_UTM_Zone_17N 0 County of Oxford 0 Westmount Park 80.26 160.5Meters September 20, 2013 This map is a user generated sialic outpUt from an Internet mapping site and Is for ref...-ence only. Data layers 1hat appear on !his map may or may not be awurate, current, or otheJWise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY Legend Notes ~""""ordCounrK r t!rowing stronger. .. together Tanager and Bobolink Lot 160.5Meters --------------~======~--~== 160.5 0 80.26 NAD_1983_UTM_zone_17N @ County of Oxford Se~mber20,2013 This map is a user generated static output from an Internet mapping sile and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwiae reliable. NOTE:THIS IS NOT A PlAN OF SURVEY ,. Legend Notes 80.3 NAD_1983_UTM_Zone_17N C County of Oxford 0 Station Arts Centre 40.13 80.31\tleters September 20, 2013 1:1,580 This map is a user generated static output frOm an Internet mapping site and Is fOr reference only. Data layers that appear on this map may or may not be accurate. Cllrrent. or otherwise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY Legend Notes NAD_1983_UTM_Zone_17N ® County of Oxford 0 Lot near Kelseys 20.06 40.1Meters September 20, 2013 This map is a user generated static output from an Internet mapping sfie and Is for reference only. Data layers that appear on this map may or may nat be aCCI.Irale, current, or otherwise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY Legend Notes tjjlJordCoun~ V"' ~g stronger. .. together 160.5 NAD_1983_UTM_Zone_17N C> County of Oxford 0 Old Vienna Road 80.26 160.5Meters September 23, 2013 This map Is a user generated static: output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, c:urrent. ar othelwise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY ;.· Legend Notes SBJr.rdCount~ r ~wtifg stronger. .. together 80.3 NAD_1983_UTM_Zcne_17N @ County of Oxford 0 Transformer Station by Tim Hortons 40.13 80.3Meters September 23, 2013 1:1,580 This map is a user general.e<l Sialic output from an Internet mapping site and Is for reference only. Data layers that appear on this map may or may not be accurate. current, or o1herwise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY Legend Notes il!JordCountY._ ~~ing stronger. .. together 80.3 NAD_1983_UTM_Zone_17N C> Colllty or oxroro 0 Lot on North Street 40.13 80.3Meters September 23, 2013 This map is a user generated static output from an Internet mappirlg site and Is ror referenc:e only. Data layers that appear on this map may or may not be accurate, current, or otherwise rer~able. NOTE:TI-IIS IS NOT A PLAN OF SURVEY 1.· Legend Notes ~J"ordCoun"!Y._ r-~owing stranger. .. together Town Centre Mall Area 80.3Meters ------------~======~~=== 80.3 0 40.13 NAD_1983_UTM_zcne_17N ® Cr;)Un\y of OXford SepUHnber23,2013 This map Is a user generated static output from an Internet mapping site and is for reference only. Data layers the! appear on this map may or may not be accurate. current, or otheMise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY Legend Notes 11-v+ordCountr._ ~'''{;Tvwmg stronger: .. together 160.5 ~_1983_~_zon.,_17N @ County of OXford 0 Island on Lisgar 80.26 160.5Meters Septemberzo. 2013 1:3,160 This map is a user generated static output from an lntemel mapping s~e and is for referenc" only. Data layers that appear on this map may or may not be accurate, current, or otherwise reiable. NOTE:THIS IS NOT A PLAN OF SURVEY I' Legend Notes tal-liJrdCoun~ ~~g stronger. •• together 80.3 NAD_1983_UTM_Zone_17N e County of Oxford 0 Woodhaven Subdivision Frontage 40.13 September20, 2013 This map is a user generated static output from an Internet mapping site and Is for reference only_ Data layers that appaar on 1hls map may or may not be aa:urate, current, or otherwise reliable. NOTE:THIS IS NOT A PUI.N OF SURVEY Legend Notes Tillsonburg Airport property maintenance contracted areas 1:19,643 998Meters ------------~======~~=== 998 0 499 This map is a user generated static ou1put from an Internet mapping s~e and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. NAD 1983 UTM Zone 17N © Co-;;nty ri Oxfo;d -July 30, 2013 NOTE:THIS IS NOT A PLAN OF SURVEY Legend Notes Blue-6" YeDow-spring. summer, faD cuts Red-maintain brush & trees to max 10' height Section One Instruction to Bidders 2.5 If bidders find discrepancies, omissions, errors, departures from building by-laws, codes or good practice, or points considered to be ambiguous or conflicting, they shall bring them to the attention of the Town as per Section 2.1 in writing, and not less than seven (7) business days before the bid closing date, so that the Town may, If the Town deems it necessary, issue Instructions, clarifications, or amendments by addendum to all bidders prior to the bid closing date. The Town will endeavor to issue such addenda at least seventy-two (72) hours prior to bid closing. 2.6 Addenda's issued during the bidding period shall become part of the Bid Documents and their receiRt shall be acknowledged In the space provided on the Form of Tender. Notices of addenda will be posted on the Town's website www.tillsonburg.ca. Although notification of the Addenda will be sent to the plan-takers list via e-mail, It Is the bidder's responsibility to check the Town's website to assure they have the most recent addenda. 3. o Bid Performance & Sgcurlt¥ 3.1 Each bid shall be accompanied by bid security, if applicable, in the form of a bid bond or certified cheque In the amount of. -· All bfd bonds shall name the Town as oblige and be Issued by a surety licensed to conduct surety and Insurance business in Ontario. The bid security is for the benefit of the Town and stands as security that the bidder, if awarded the contract, will deliver the performance security and evidence of insurance and other documents required by these Instructions to Bidders or by the contract, and will execute the contract. The bid security shall remain valid for a period of one hundred and forty (140) days from the date of bid submission. 3.2 The bid security of the bidder whose bid Is accepted will be retained by the Town to compensate the Town for the damages it will suffer should the successful bidder fall to execute the contract and/or fall to provide the specified performance security and/or evidence of insurance and other documents required by these Instructions to Bidders or by the contract. 3.3 The bid security of the bidder whose bid Is accepted will be returned after the delivery of the specified performance security and evidence of insurance and other documents required by these Instructions to Bidders or by the contract, and after the execution of the contract. The bid security of all other bidders will be returned after the execution of the contract or after the expiry of this bid process without an award of contract or after the rejection of all bids. 3.4 Each bid shall be accompanied by an agreement to bond issued by the shall result in the bid being declared non-compliant. 4.7.2 Where a bidder lists "own forces" in lieu of a subcontractor, the bidder shall carry out such item of the work with its own forces. Where "own forces" have been listed by a bidder, the Town reserves the right to obtain information from the bidder and from third parties respecting the qualifications and experience of the bidders "own forces" for such item of the work. If the Town, acting reasonably, determines that the bidders' "own forces" are not sufficiently qualified or sufficiently experienced to undertake such Item of the work, It shall reject the bid. 4.8 Itemized and Alternative Prices 4.8.1 Where required by the Bid Documents, a bidder shall submit itemized and alternative prices; 4.8.2 itemized prices for work, if any, shall be Included in the bid price; and, 4.8. 3 alternative prices for work, If any., shall not be included in the bid price. 4.8.4 The Town reserves the right to accept or reject any or all alternative prices submitted. 4. 9 Unit Prices 4.9.1 Where required by the Bid Documents, a bidder shall submit unit prices. All quantities outlined In the Bid Documents are estimates only. For any work done or materials supplied on a unit price basis, payment will be made for the actual measured quantities at the respective unit prices. 4.9.2 All unit prices, unless specifically indicated, are for complete work, in place, supplied and Installed. 5. Bid Submission 5.1 Submit one (1) completed original and two copies of the Form of Tender, accompanied by the bid bond or certified cheque and the agreement to bond, in a sealed envelope. Ensure that the outside of the envelope bears the bidder's return address and a label clearly identifying the project and project number for which the bid is submitted. 5.2 Submit the envelope to: TIJisonburg Community Centre 1 45 Hardy Avenue , Tillsonburg , Ontario 1 N4G 3W9 -Main Office 5.3 Bids must be received before 12:00 p.m. local time on Wednesday January 22, 2014. The term "local time" shall mean the time as measured by the Identified clock at the recipient's location. 5.4 Bids will be date and time stamped at the location receiving the bids. Late bids will be returned unopened. 8. 5 The Town reserves the right to award the contract to the bidder which submitted the bid which, in the Town's sole discretion, provides the best value to the Town based on the criteria described In the Bid Documents including, but not limited to, a bidder's: 8.5.1 Base Bid; 8.5.2 Base Bid, as adjusted by the Town pursuant to the Bid Documents; and 8.5.3 Clarification provided pursuant to Section 9 (Requests for Clarification). 8.6 The Town may accept or reject any regular, irregular, unbalanced, informal or non-compliant bid. 8. 7 Incomplete or conditional bids may be declared non-compliant. 8.8 The Town reserves the right to consider, during the evaluation of the bids; 8.8.1 information provided in the bid itself; 8.8. 2 information provided in response to enquiries of credit and Industry references set out in the bid; 8.8. 3 information received in response to enquiries made''by the Town of third parties apart from those disclosed in the bid In relation to the reputation, reliability, experience and capabilities; 8.8.4 the manner in which the bidder provides services to others; 8.8.5 the experience and qualifications of the bidder's senior management and project management; 8.8.6 the compliance of the bidder with the Town's requirement and specifications; and, 8.8. 7 Innovative approaches proposed by the bidder In the bid. 8. 9 The bidder acknowledges that the Town may rely on the criteria which the Town deems relevant, even though such criteria may not have been disclosed to the bidder. By submitting a bid, the bidder acknowledges the Town's rights under this section and absolutely waives any right, or caused of action, against the Town and its consultants, by reason of the Town's failure to accept the bid submitted by the bidder, whether such right or cause of action arises in contract, negligence or otherwise. 8.10 The Town reserves the right to open the bid and negotiate with a single bidder, in cases where only one bid is received, or to negotiate with a bidder of the Town's choice, If all bids are over budget or too high. 14. Claims or Litigation 14.1 The Town shall not consider bids received from parties with whom the Town is in litigation, or pending .litigation, unless approval allowing such consideration Is obtained by the bidder from the Council of the Town prior to the close of bidding. 14.2 Bids which are not considered pursuant to the aforementioned policy shall be returned to the bidder and no contract in regard to the bid process shall have been created as between the bidder and the Town. 15. Representation & Warranty 15.1 The bidder represents and warrants that its bid is compliant with the terms set out in the Bid Documents. The bidder acknowledges that the Town is relying on this representation and warranty. In the event that the bidder's bid is accepted by the Town and the bid is held by a Court of competent jurisdiction to be non-compliant with the terms set out in the Bid Documents In a proceeding commenced by another bidder (the "Claimant"), the bidder will indemnify the Town for any award of damages. Howsoever characterized, that are payable to the Claimant as well as for the Town's actual legal expense, Including all legal fees and disbursements as billed to the Town. 16. Freedom of Information 16.1 The bidder acknowledges that any bid submitted shall become a record belonging to the Town and therefore is subject to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c M.56, as amended. This provision law gives individuals, businesses and other organizations a legal right to request records held by the Town, subject to specific limitations. The bidder should be aware that it is possible that any records provided to the Town, including but not limited to, pricing, technical specifications, drawings, plans, audio visual materials or information about staff, parties to the bid or suppliers could be requested under this law. If the bidder believes that al~ or part of the bid should be protected from release, the relevant parts should be clearly marked as confidential. Please note that this will not automatically protect the submission from release, but it will assist the Town in making a determination on release if a request Is made. Request for Tender # T-03-13 Municipal Garden Bed Maintenance Services Tender Closing: Wednesday January 22., 2014-!2:00p.m. LOCAL TIME Please submit one (1) completed original and two copies of the Form of Tender , in a sealed envelope to the Town of Tillson burg at the following address: Tlllsonburg Community Centre 45 Hardy Avenue Tillsonburg Ontario N4G 3W9 Delivered to the reception desk 1. Please ensure that the outside of the envelope includes the bidder's name, its return address and a label clearly identifying the Project and Project number for which the bid is submitted. ~· Questions of a technical nature and all purchasing-related enquiries in relation to this Request for Tender (RFT) shall be directed to Kelly Batt, at FAX-(519) 842-4120 or email kbatt@tillsonburq.ca no later than Tuesday January 21, 2014 at 11:00 AM local time. 4. By submitting a bid, you have accepted an offer by the Town to enter into a "bid contract" for the evaluation of bids and the award of the Contract, if an award is made. You acknowledge that the terms of the "bid contract" are represented by the Bid Documents (hereinafter defined). 5. Failure to submit a bid which complies with the requirements of the Instructions to Bidders shall cause a bid to be declared non-compliant. 6. Bid results will be posted, where and when applicable, on the website after the closing date: Wednesday January 22,2014 7. The lowest or any bid will not necessarily be accepted. Yours truly, Kelly Batt Page 1 ITEM APPENDIX "E" CHART OF BID IRREGULARITIES OR NON-COMPLIANCE Notes: • The following list of irregularities should not be considered exhaustive. • This chart of bid irregularities shall apply only where an irregularity exists with respect to a stated requirement of a relevant competitive bid document (e.g. an RFT or RFP) • Where notice of a specified time period to correct an irregularity has been given, and that time period has elapsed without the correction having been made, the bidder shall be deemed to be in default and, where applicable, the bid deposit shall be forfeited. The bid shall be given no further consideration for award. IRREGULARITY RESPONSE GENERAL 1. Bidder, at the time of submission, is not Rejection. registered to canyon business in Ontario Rejection. The submission will not be opened. Submission to be returned to bidder. 2 Late submissions. Should it not be clear as to the bidder's name and address then the package will be opened solel:t_ to access this information. 3. Unsealed submission package. Rejection. Bidder has not been previously qualified under Rejection. 4. a related pre-qualification process, where applicable. Failure to have a representative in attendance Rejection. 5. and registered at a mandatory attendance site/information meeting. 6. Submission not completed in a non-erasable Rejection. medium or signed in ink. Failure to include the Form of Tender, Rejection. 7. Quotation, Proposal or Pre-Qualification, as may be applicable. 8. Omission of a detail indicated to be mandata!)'. Rejection. Rejection unless, in the opinion of the 9. Forms that compose the submission Director of Finance, the missing information documents are not completed in their entirety. is minor and would not adversely affect an award decision. Conditional bids (bids qualified, based on a Rejection unless, in the opinion of the Director of Finance, the qualification or bidder's condition or restricted by an appended restriction is minor and would not adversely statement). affect an award decision. Page7 r r1cM IRREGULARITY RESPONSE POST AWARD NOTIFICATION 27. Failure to execute required bonding or financial Rejection and bid deposit forfeiture. security within the prescribed time period. Failure to execute a contract within the Rejection and bid deposit forfeiture. 28. prescribed period. Failure to provide supporting documents, as Rejection and bid deposit forfeiture. 29. specified within the bid document and within the prescribed period. Page9 Garden Bed Locations MunicipaB Garden Bed Maintenance Services Tender-T-03-13 Location Description of Area Glendale Park Entrance Sign Garden Bed Cranberry Park Entrance Sign Garden Bed Westmount Park Entrance Sign Garden Bed Sears Parkette Beds around perimeter of sitting area and parking lot Southridge Park Entrance Sign Garden Bed Trottier Park Entrance Sign Garden Bed Station Arts Centre (west of building) Beds west of building Veterans Memorial Walkway Entrance bed area Bidwell Street (S areas) Adjacent to the municipal parking lots Public Works Bed C!gainst front of building BIA Sign by Mill Tales Inn Bed around sign Town oflillsonburg signs Highway 3 and 19 Entrance signs into Town small beds in wood planters Participark Entrance Sign Entrance Sign Garden Bed Comer of Concession and Park small bed near benches overlookii'IJ Lake Usgar Customer Service Centre Bed by building and areas around trees Gibson House Beds on either side of entrance doors Concession and Maple triangle Small areas In traingle Annandale Diamonds by building landscape areas by building Mineral Springs Parkette Garden area within the parkette Bloomer Street Bridge Two beds by blooler street bridge that crosses over to Van St. Skateboard Park Beds on east side of park Ontario Provincial Police Headquarters Beds in front and at rear of facility Are Hall Small bed out front by flag pole Summerplace Beds around front and side of building Lake Usgar Waterpark Two beds in front of building Fourth Street trail entrance Beds on both sides of trail entrance carroll Trail entrance Beds on and around covered structure and a couple small beds of first section of trail Coronation Park Entrance Sign Entrance Sign Garden Bed Municipal Garden Bed Maintenance Services Tender T-03-13 Specifications 1. That all employees are sufficiently trained by the contractor to ensure they are aware of their duties and all applicable Health and Safety regulations pertaining to the work. 2. That a log is kept by the contractor and signed off that the work in the specifications is completed on a regular basis. 3. All equipment that the successful contractor proposes to use on this work must be in good mechanical and operating condition and must be made available for Inspection by the Town of Tillson burg at any time before and /or after it is put Into service. Such inspection is not to be construed as an endorsement or approval of the mechanical or operating condition of the equipment and does not relieve the owner or operator from liability for such equipment. 4. The operators must be fully trained, qualified and experienced. Regulations of the Ministry of the Environment and the Ministries of Health, Labour and Transportation must be complied with. If any operator is not performing satisfactory or operating the equipment safely to the satisfaction of the Town of Tillsonburg, the Town of Tillson burg shall have the right to have the equipment and the operator removed from the job site. 5. The work to be performed by the contractor may be scheduled between the hours of 7:00am and 5:00pm, Monday to Friday, except when such work day falls on a Statutory Holiday. Written approval from the Parks & Facilities Manager is required to work at any other time. 6. At all times, the employee of the contractor shall act in a civil, responsible, courteous and generally productive manner, There will be no allowances made foe employees to offend or interfere or join in activities being carried on by Town staff or outside groups while they are being employed by the contractor and such complaints, if received, will be referred to the contractor. The Parks and Facilities Manager reserves the right to request that said employee be taken off the site by the contractor, and not re-employed until satisfactory arrangements have been made to ensure that there is not repetition of the offending behavior. 7. The contractor shall not leave any equipment on Town or Public property unattended at any time, unless such equipment is properly protected to the satisfaction of the Parks and Facilities Manager of his designate. FORM OF AGREEMENT GARDEN BED MAINTENANCE 2014-2018 NATURE'S CHOICE LAWN CARE & IRRIGATION 2014 ·2018 FORM OF AGREEMENT (Gardens) Natures Choice.docx 1/12 -Apr-2014 c) It will maintain a weekly log that the Services were performed to each of the Properties pursuant to the in the specifications and timing as specified in this Agreement and the Tender/Bid Documents (the "log"). The log shall be signed by the employee of the Contractor performing the work. The Contractor agrees to produce the log to the Owner upon demand at any time and the Owner shall have the right to copy the log; d) All equipment used to perform the Services and all vehicles transporting the equipment to the Properties must be in good mechanical and operating condition, duly licensed and insured (collectively the "Equipment"). The Equipment shall be made available for inspection(s) by the Owner upon demand either before the commencement of the Term or at any time during the Term. The Parties agree that any inspection by the Owner shall not be construed as an endorsement or approval of the mechanical or operating condition of the Equipment, does not constitute an inspection for purposes of any safety under any statute or regulation and does not relieve the Owner and/or operator from liability for such Equipment; e) All operators of the Equipment must be fully trained, qualified and experienced in the operation of any Equipment which they operate. The Owner shall comply with all Statutes, Regulations, Orders in Counsel and guidelines of the Ministry of the Environment, Ministry of Health, Ministry of labour and Ministry of Transportation along with any other applicable departments, ministries and/or crown corporations. f) At all times its employee(s) shall act in a civil, responsible, courteous and conscientious manner. The Contractor acknowledges and agrees, and will inform its employees of such, that there is no right for it or its employees to join any activities, sessions or meetings of the Owner's employees or outside groups. There will be no allowances made for employees to offend or interfere or join in activities being carried on by Town staff or outside groups while the employees of the Contractor are being employed by the Contractor. If there is a complaint about an employee then such complaint(s), if received by the Owner, will be referred to the Contractor. The Contractor further acknowledges and agrees that the Owner reserves the right to request that an employee of the Contractor be removed from performing the Services if the employee violates the terms of Articles A(l)(e), A(l)(f) or they offend or interfere with the activities of any employee(s) of the Owner and the Contractor shall not permit the employee to re-attend at any of the Properties until satisfactory arrangements have been made to ensure that there is not repetition of the offending behavior; g) It shall not leave any Equipment unattended on the Properties, private property or any other property owned or possessed by the Owner at any time unless the Equipment is properly protected to the satisfaction of the Parks and Facilities Manager of his/her designate; 2014-2018 FORM OF AGREEMENT (Gardens) Natures Choice.docx 3/12 -Apr-2014 required by this Agreement, the Tender/Bid Documents, proof of insurances pursuant to Article E of this Agreement and/or such other documentation reasonably requested by the Owner have been supplied to the Owner by the Contractor; f) The Owner shall be the sole decision maker whether conditions requiring service exist. If the Owner determines that appropriate conditions exist then the frequency of performance of the Services may be modified by the Parks and Facilities Manager or his/her designate. If the performance of the Services is modified then the Contractor agrees that notwithstanding any other term or condition of this Agreement or the Tender/Bid Documents it shall not be remunerated, paid or compensated for weeks that it did not perform the Services; g) The Contractor recognizes that the Services are seasonal in nature and upon notice by the Owner, at the Owner's sole and absolute discretion, it shall cease supplying the Services in the fall of every year of the Term and resume supplying the Services in the spring of the following year of the Term upon notice by the Owner, at the Owner's sole and absolute discretion; h) The Contractor acknowledges that if it provides Services when it was informed by the Owner not to do so for any reason as set out in this Agreement then it shall not be paid, compensated or remunerated for such Services; i) The Contractor may not perform any extra work that are not part of the Services except in accordance with this Article B(2)(i). The Owner shall in writing ask for the extra work and then the Contractor must provide a written quote of the extra work to meet the specifications of the Parks and Facilities Manager or his/her designate. The Contractor agrees that any extra work not approved pursuant to this Article B(2)(i) shall not be paid by the Owner and the Contractor shall not be remunerated or compensated in any fashion, manner or method; ARTICLE C: TERMINATION 3. The Parties agree that the Owner has the right to terminate this Agreement upon the following: a) any material misrepresentation contained in the Bid by the Contractor; b) any violation, breach or non-performance of any term, condition, warranty, covenant or representation of this Agreement and/or the Tender/Bid Documents and such violation, breach or non-performance has not been remedied by the Contractor upon 15 days' notice by the Owner (the "Notice"); or, 2014 -2018 FORM OF AGREEMENT (Gardens) Natures Choice.docx 5/12 -Apr-2014 pursuant to this Agreement or as compensation for damage caused by the Contractor and not remedied by the Contractor pursuant to Article B(l)(j); d. Notwithstanding the provisions contained in Article D(G)(c) if on account of climatic or other conditions reasonably beyond the Contractor's control there are portions of the Services that cannot be completed, the Contractor shall receive payment in full for that part of the Services which were completed but the Owner may withhold a sufficient and reasonable sum for the completion of such unfinished work and adequately protect the Owner against construction liens. ARTICLE E: INSURANCE AND INDEMNITY 7. The Contractor covenants and agrees that it will carry public liability insurance for the transportation, operation and use of the Equipment and performing the Services with limits of no less than $2,000,000.00. The Contractor covenants and agrees to name the Owner as co-insured throughout the Term. The Contractor shall provide the Owner proof of insurance within seven days of executing this Agreement and every year of the Term prior to providing the Services in each year. 8. The Contractor covenants that it is registered pursuant to the Workplace Safety and Insurance Board Act and possesses all required coverages as required by the Act and by the Workplace Safety and Insurance Board. The Contractor shall provide the Owner the proof of insurance with the Owner and a clearance certificate within seven days of executing this Agreement and every year of the Term prior to providing the Services in each year. 9. The Contractor acknowledges and agrees that it is performing the Services entirely at its own risk and the Contractor assumes all responsibility for the condition of its Equipment, the skill of its employees and condition of the Properties. The Contractor acknowledges and agrees: a. that it must perform its own inspection of the Properties to ensure the Properties are free of hazards, material and debris of any kind that may cause damage to the property of the Contractor or injury to the employees of the Contractor; b. that the Owner provides no warranty, covenant or representation as to the condition of the Properties; c. that the Owner is not responsible to remove any debris, material or hazards from the Properties prior to the Contractor performing the Services; d. the Properties, grass, weeds, gardens, trees and buildings are all in an "as is" condition for the Contractor to perform the Services; and, 2014 ·2018 FORM OF AGREEMENT (Gardens) Natures Choice.docx 7/12 -Apr-2014 contractor or any person on or near the Properties for any reason. The Contractor acknowledges that the Owner has no responsibility for any actions of the users of the Properties and that the Contractor has accepted the risk that a user of the Property or third party may intentionally or negligently commit an act which directly or indirectly causes damage, harm or loss to the Contractor, Equipment or employee of the Contractor and the Contractor irrevocably and without reservation releases the Owner (including but not limited to its managers, officers, directors, counselors, employees and volunteers) from any liability and all liability. 13. Nothing contained herein shall create or be construed as creating any partnership, agency, joint venture, master/servant or employment between the Owner, its officers, servants or agents and the Contractor or any servant, agent or contractor of the Contractor. The Parties agree that at all times the Contractor is an independent contractor. 14. The Owner shall not be responsible for any infraction ot or non-compliance with any Federal, Provincial, Municipal or other laws relating to the Services and the Contractor shall and does hereby agree to indemnify and save harmless the owner in respect thereto with regard to the Services. The Contractor acknowledges that at all times it will comply with all By-laws of the Corporation of the Town of Tillsonburg and that there is no express or implied exemption(s) of any by-law(s) of the Corporation of the Town of Ti II son burg. ARTICLE F: MISCELLANEOUS 15. Time shall be deemed to be the essence of this Agreement. 16. The general conditions, special conditions, specifications, the RFQ, any Addenda and information contained in the Tender/Bid Documents are all to be read and form part of this Agreement along with all Schedules attached and constitute the entire contract between the Parties. 17. In case of any inconsistency or conflict between the provisions of this Agreement and the Tender/Bid Documents then the order of which document is paramount shall be as follows: a. this Agreement b. all documents that form the Tender c. the Bid; 18. All communications in writing between the Parties shall be deemed to have been received by the addressee if delivered to the individual or to a member of the firm or to an officer of the Corporation for whom they are intended or if sent by post or by telegram addressed as follows: 2014 -2018 FORM OF AGREEMENT (Gardens) Natures Choice.docx 9/12 -Apr-2014 22. In the event that any provisions contained in this Agreement shall be declared invalid, illegal or unenforceable by a court or other lawful authority of competent jurisdiction, this Agreement shall continue in force with respect to the enforceable provisions and all rights and remedies accrued under the enforceable provisions shall survive any such declaration, and any non-enforceable provision shall to the extent permitted by law be replaced by a provision which, being valid, comes closest to the intention underlying the invalid, illegal and unenforceable provision. 23. Neither this Agreement nor any rights or obligations under this Agreement shall be assignable by any Party without the prior written consent of the other Parties. Subject to that condition, this Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors (including any successor by reason of amalgamation of any Party) and permitted assigns. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written, signing officers in that behalf. 2014 -2018 FORM OF AGREEMENT (Gardens) Natures Choice.docx 11/12 CONTRACTOR Per: Rob Thornton, President I have authority to bind the Corporation. The Corporation of the Town of Tillson burg Per: John Lessif, Mayor and Donna Wilson, Clerk We have authority to bind the Corporation. -Apr-2014 FORM OF AGREEMENT MUNICIPAL GRASS CUTTING 2014-2018 D & D COMMERCIAL PROPERTY MAINTENANCE LTD. 2014 -2018 FORM Of AGREEMENT DandD.docx 1/13 -Apr-2014 c) It will maintain a weekly log that the Services were performed to each of the Properties pursuant to the in the specifications and timing as specified in this Agreement and the Tender/Bid Documents (the "Log"). The Log shall be signed by the employee of the Contractor performing the work. The Contractor agrees to produce the Log to the Owner upon demand at any time and the Owner shall have the right to copy the Log; d) All equipment used to perform the Services and all vehicles transporting the equipment to the Properties must be in good mechanical and operating condition, duly licensed and insured (collectively the ~~Equipment"). The Equipment shall be made available for inspection(s) by the Owner upon demand either before the commencement of the Term or at any time during the Term. The Parties agree that any inspection by the Owner shall not be construed as an endorsement or approval of the mechanical or operating condition of the Equipment, does not constitute an inspection for purposes of any safety under any statute or regulation and does not relieve the Owner and/or operator from liability for such Equipment; e) All operators of the Equipment must be fully trained, qualified and experienced in the operation of any Equipment which they operate. The Owner shall comply with all Statutes, Regulations, Orders in Counsel and guidelines of the Ministry of the Environment, Ministry of Health, Ministry of Labour and Ministry of Transportation along with any other applicable departments, ministries and/or crown corporations. f) At all times its employee(s) shall act in a civil, responsible, courteous and conscientious manner. The Contractor acknowledges and agrees, and will inform its employees of such, that there is no right for it or its employees to join any activities, sessions or meetings of the Owner's employees or outside groups. There will be no allowances made for employees to offend or interfere or join in activities being carried on by Town staff or outside groups while the employees of the Contractor are being employed by the Contractor. If there is a complaint about an employee then such complaint(s), if received by the Owner, will be referred to the Contractor. The Contractor further acknowledges and agrees that the Owner reserves the right to request that an employee of the Contractor be removed from performing the Services if the employee violates the terms of Articles A(l}(e), A(l)(f) or they offend or interfere with the activities of any employee(s) of the Owner and the Contractor shall not permit the employee to re-attend at any of the Properties until satisfactory arrangements have been made to ensure that there is not repetition of the offending behavior; g) It shall not leave any Equipment unattended on the Properties, private property or any other property owned or possessed by the Owner at any time unless the Equipment is properly protected to the satisfaction of the Parks and Facilities Manager of his/her designate; 2014 ·2018 FORM OF AGREEMENT DandD.do"' 3/13 -Apr-2014 the Contractor's sole discretion, between the hours of 7:00am and 5:00pm, Monday to Friday, excepting Statutory Holidays. Written approval from the Parks & Facilities Manager is required to perform the Services at any other time in the week. The Contractor shall record in the log the date, time and who performed the Services; d) The Contractor will provide the Owner with the schedule of providing the Services for all the Properties as listed in Schedule "A". If in the case of inclement weather the Contractor shall communicate alternate plans for delivering the Services to the Parks & Facilities Manager or his/her designate; e) The term of this Agreement shall be for four and half years (the "Term"). The Term shall commence on or about May 5, 2014 and end when the Services are no longer required in the fall of 2018. The Parties acknowledge that the Term shall not commence if this Agreement has not been executed and/or the documentation as required by this Agreement, the Tender/Bid Documents, proof of insurances pursuant to Article E of this Agreement and/or such other documentation reasonably requested by the Owner have been supplied to the Owner by the Contractor; f) The Owner shall be the sole decision maker whether drought conditions exist. If the Owner determines that drought conditions exist then the weekly performance of the Services may be modified by the Parks and Facilities Manager or his/her designate. If the weekly performance of the Services is modified then the Contractor agrees that notwithstanding any other term or condition of this Agreement or the Tender/Bid Documents it shall not be remunerated, paid or compensated for weeks that it did not perform the Services; g) The Contractor recognizes that the Services are seasonal in nature and upon notice by the Owner, at the Owner's sole and absolute discretion, it shall cease supplying the Services in the fall of every year of the Term and resume supplying the Services in the spring of the following year of the Term upon notice by the Owner, at the Owner's sole and absolute discretion; h) The Contractor acknowledges that if it provides Services when it was informed by the Owner not to do so for any reason as set out in this Agreement then it shall not be paid, compensated or remunerated for such Services; i) The Contractor may not perform any extra work that are not part of the Services except in accordance with this Article B(2)(i). The Owner shall in writing ask for the extra work and then the Contractor must provide a written quote of the extra work to meet the specifications of the Parks and Facilities Manager or his/her designate. The Contractor agrees that any extra work not approved pursuant to this Article B(2)(i) shall not be paid by the Owner and the Contractor shall not be remunerated or compensated in any fashion, manner or method; 2014 -2018 FORM OF AGREEMENT DandD.docx 5/13 -Apr-2014 ARTICLE 0: PAYMENT 6. The Parties agree that: a. The Contractor shall be paid for the Services performed per week (except as specified in this Agreement) for each year of the Term shall be as follows: 2014 $585.00 2015 $585.00 2016 $585.00 2017 $585.00 2018 $585.00 b. To obtain payment the Contractor shall submit an invoice for the Services on a monthly basis to the Owner (the "Invoice"). The Invoice shall comply with the amounts as specified in Article D(6)(a). The Invoice shall show the amount of the weeks that the Services were provided, the rate per week and H.S.T.; c. Invoices will be accepted for payment only upon substantiation by the Owner being satisfied that the Services were provided pursuant to this Agreement and/or the Tender/Bid Documents. The Parties agree that the Owner has the right to hold back and/or reduce the payment of some or all of the Invoice where the Services are not completed to the satisfaction of the Owner, not completed pursuant to this Agreement or as compensation for damage caused by the Contractor and not remedied by the Contractor pursuant to Article B(1)(j); d. Notwithstanding the provisions contained in Article D(6)(c) if on account of climatic or other conditions reasonably beyond the Contractor's control there are portions of the Services that cannot be completed, the Contractor shall receive payment in full for that part of the Services which were completed but the Owner may withhold a sufficient and reasonable sum for the completion of such unfinished work and adequately protect the Owner against construction liens. ARTICLE E: INSURANCE AND INDEMNITY 7. The Contractor covenants and agrees that it will carry public liability insurance for the transportation, operation and use of the Equipment and performing the Services with limits of no less than $2,000,000.00. The Contractor covenants and agrees to name the Owner as co-insured throughout the Term. The Contractor shall provide the Owner proof of insurance within seven days of executing this Agreement and every year of the Term prior to providing the Services in each year. 8. The Contractor covenants that it is registered pursuant to the Workplace Safety and Insurance Board Act and possesses all required coverages as required by the Act and by 2014 -2018 FORM OF AGREEMENT DandD.docx 7/13 -Apr-2014 11. The Contractor represents, covenants and warrants that at all times it: a. Shall be responsible for the actions and negligence of its employees, subcontractors, shareholders, officers and agents; b. Shall ensure that its actions shall behave in an appropriate manner in keeping with the terms of this Agreement and the Tender/Bid Documents; c. Shall ensure that its actions conform and adhere to all laws, statutes and regulations as applicable; and, d. It and its employees, officers, directors, subcontractors and agents have the skill and expertise to provide the Services and operate the Equipment in a safe and prudent manner. 12. The Contractor releases the Owner (including but not limited all of the Owner's managers, officers, directors, counselors, employees and volunteers) from any and all claims, actions, proceedings and demands of any kind whatsoever and howsoever arising whether in tort, contract, equity, law or by statue for any losses or damages of any kind whatsoever and howsoever arising including, but not limited to, damage to property or person caused or contributed by any third party, condition of the Property, any injury suffered in performance of the Services and/or caused by any other contractor or any person on or near the Properties for any reason. The Contractor acknowledges that the Owner has no responsibility for any actions of the users of the Properties and that the Contractor has accepted the risk that a user of the Property or third party may intentionally or negligently commit an act which directly or indirectly causes damage, harm or loss to the Contractor, Equipment or employee of the Contractor and the Contractor irrevocably and without reservation releases the Owner (including but not limited to its managers, officers, directors, counselors, employees and volunteers) from any liability and all liability. 13. Nothing contained herein shall create or be construed as creating any partnership, agency, joint venture, master/servant or employment between the Owner, its officers, servants or agents and the Contractor or any servant, agent or contractor of the Contractor. The Parties agree that at all times the Contractor is an independent contractor. 14. The Owner shall not be responsible for any infraction of, or non-compliance with any Federal, Provincial, Municipal or other laws relating to the Services and the Contractor shall and does hereby agree to indemnify and save harmless the owner in respect thereto with regard to the Services. The Contractor acknowledges that at all times it will comply with all By-laws of the Corporation of the Town of Tillsonburg and that there is 2014 ·2018 FORM OF AGREEMENT DandD.docx 9/13 -Apr-2014 Agreement shall be deemed or shall constitute a waiver of any other provision nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided. 20. Any terms in this Agreement which are masculine shall be interpreted as either masculine or feminine and vice versa and words importing persons shall include firms and corporations and vice versa. For convenience, headings have been inserted into this agreement and shall not be used in any manner to interpret this agreement. For the purposes of interpretation, any words in this agreement that are singular shall be interpreted as if they include the plural and any words in this agreement that are plural shall be interpreted as if they include the singular. The Parties agree that the recitals form a part of the agreement. All schedules to this agreement shall form part of the agreement. The words "Party" and "Parties" shall mean the Owner and/or the Contractor as the context permits. 21. Should any provision of this agreement require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. 22. In the event that any provisions contained in this Agreement shall be declared invalid, illegal or unenforceable by a court or other lawful authority of competent jurisdiction, this Agreement shall continue in force with respect to the enforceable provisions and all rights and remedies accrued under the enforceable provisions shall survive any such declaration, and any non-enforceable provision shall to the extent permitted by law be replaced by a provision which, being valid, comes closest to the intention underlying the invalid, illegal and unenforceable provision. 23. Neither this Agreement nor any rights or obligations under this Agreement shall be assignable by any Party without the prior written consent of the other Parties. Subject to that condition, this Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors (including any successor by reason of amalgamation of any Party) and permitted assigns. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written, signing officers in that behalf. 2014 -2018 FORM OF AGREEMENT DandD.docx 11/13 -Apr-2014 Zone 1: Southridge Park Glendale Park Trottier Park Memorial Park 2014-2018 FORM OF AGREEMENT DandD.docx SCHEDULE "A" LIST OF PROPERTIES SCHEDULE "B" T 02-13 Municipal Grass Cutting Tender 13/13 -Apr-2014 FORM OF AGREEMENT MUNICIPAL GRASS CUTTING 2014-2018 IWEED INCORPORATED 2014 ·2018 FORM OF AGREEMENT IWeed.docx 1/13 -Apr-2014 c) It will maintain a weekly log that the Services were performed to each of the Properties pursuant to the in the specifications and timing as specified in this Agreement and the Tender/Bid Documents (the "Log"). The Log shall be signed by the employee of the Contractor performing the work. The Contractor agrees to produce the Log to the Owner upon demand at any time and the Owner shall have the right to copy the Log; d) All equipment used to perform the Services and all vehicles transporting the equipment to the Properties must be in good mechanical and operating condition, duly licensed and insured (collectively the "Equipment"). The Equipment shall be made available for inspection(s) by the Owner upon demand either before the commencement of the Term or at any time during the Term. The Parties agree that any inspection by the Owner shall not be construed as an endorsement or approval of the mechanical or operating condition of the Equipment, does not constitute an inspection for purposes of any safety under any statute or regulation and does not relieve the Owner and/or operator from liability for such Equipment; e) All operators of the Equipment must be fully trained, qualified and experienced in the operation of any Equipment which they operate. The Owner shall comply with all Statutes, Regulations, Orders in Counsel and guidelines of the Ministry of the Environment, Ministry of Health, Ministry of Labour and Ministry of Transportation along with any other applicable departments, ministries and/or crown corporations. f) At all times its employee(s) shall act in a civil, responsible, courteous and conscientious manner. The Contractor acknowledges and agrees, and will inform its employees of such, that there is no right for it or its employees to join any activities, sessions or meetings of the Owner's employees or outside groups. There will be no allowances made for employees to offend or interfere or join in activities being carried on by Town staff or outside groups while the employees of the Contractor are being employed by the Contractor. If there is a complaint about an employee then such complaint(sL if received by the Owner, will be referred to the Contractor. The Contractor further acknowledges and agrees that the Owner reserves the right to request that an employee of the Contractor be removed from performing the Services if the employee violates the terms of Articles A(l)(eL A(l)(f) or they offend or interfere with the activities of any employee(s) of the Owner and the Contractor shall not permit the employee tore-attend at any of the Properties until satisfactory arrangements have been made to ensure that there is not repetition of the offending behavior; g) It shall not leave any Equipment unattended on the Properties, private property or any other property owned or possessed by the Owner at any time unless the Equipment is properly protected to the satisfaction of the Parks and Facilities Manager of his/her designate; 2014-2018 FORM OF AGREEMENT IWeed.docx 3/13 -Apr-2014 the Contractor's sole discretion, between the hours of 7:00am and 5:00pm, Monday to Friday, excepting Statutory Holidays. Written approval from the Parks & Facilities Manager is required to perform the Services at any other time in the week. The Contractor shall record in the log the date, time and who performed the Services; d) The Contractor will provide the Owner with the schedule of providing the Services for all the Properties as listed in Schedule 11A''. If in the case of inclement weather the Contractor shall communicate alternate plans for delivering the Services to the Parks & Facilities Manager or his/her designate; e) The term of this Agreement shall be for four and half years {the (/Term"). The Term shall commence on or about May 5, 2014 and end when the Services are no longer required in the fall of 2018. The Parties acknowledge that the Term shall not commence if this Agreement has not been executed and/or the documentation as required by this Agreement, the Tender/Bid Documents, proof of insurances pursuant to Article E of this Agreement and/or such other documentation reasonably requested by the Owner have been supplied to the Owner by the Contractor; f) The Owner shall be the sole decision maker whether drought conditions exist. If the Owner determines that drought conditions exist then the weekly performance of the Services may be modified by the Parks and Facilities Manager or his/her designate. If the weekly performance of the Services is modified then the Contractor agrees that notwithstanding any other term or condition of this Agreement or the Tender/Bid Documents it shall not be remunerated, paid or compensated for weeks that it did not perform the Services; g) The Contractor recognizes that the Services are seasonal in nature and upon notice by the Owner, at the Owner's sole and absolute discretion, it shall cease supplying the Services in the fall of every year of the Term and resume supplying the Services in the spring of the following year of the Term upon notice by the Owner, at the Owner's sole and absolute discretion; h) The Contractor acknowledges that if it provides Services when it was informed by the Owner not to do so for any reason as set out in this Agreement then it shall not be paid, compensated or remunerated for such Services; i) The Contractor may not perform any extra work that are not part of the Services except in accordance with this Article B(2){i). The Owner shall in writing ask for the extra work and then the Contractor must provide a written quote of the extra work to meet the specifications of the Parks and Facilities Manager or his/her designate. The Contractor agrees that any extra work not approved pursuant to this Article B(2)(i) shall not be paid by the Owner and the Contractor shall not be remunerated or compensated in any fashion, manner or method; 2014 -2018 FORM OF AGREEMENT IWeed.docx 5/13 -Apr-2014 ARTICLE D: PAYMENT 6. The Parties agree that: a. The Contractor shall be paid for the Services performed per week (except as specified in this Agreement) for each year of the Term shall be as follows: ZONE 3 ZONE 5 2014 $269.00 $336.00 2015 $269.00 $336.00 2016 $276.50 $346.50 2017 $276.50 $346.50 2018 $283.00 $346.00 b. To obtain payment the Contractor shall submit an invoice for the Services on a monthly basis to the Owner (the "Invoice"). The Invoice shall comply with the amounts as specified in Article D(6)(a). The Invoice shall show the amount of the weeks that the Services were provided, the rate per week and H.S.T.; c. Invoices will be accepted for payment only upon substantiation by the Owner being satisfied that the Services were provided pursuant to this Agreement and/or the Tender/Bid Documents. The Parties agree that the Owner has the right to hold back and/or reduce the payment of some or all of the Invoice where the Services are not completed to the satisfaction of the Owner, not completed pursuant to this Agreement or as compensation for damage caused by the Contractor and not remedied by the Contractor pursuant to Article B(1)(j); d. Notwithstanding the provisions contained in Article D(6)(c) if on account of climatic or other conditions reasonably beyond the Contractor's control there are portions of the Services that cannot be completed, the Contractor shall receive payment in full for that part of the Services which were completed but the Owner may withhold a sufficient and reasonable sum for the completion of such unfinished work and adequately protect the Owner against construction liens. ARTICLE E: INSURANCE AND INDEMNITY 7. The Contractor covenants and agrees that it will carry public liability insurance for the transportation, operation and use of the Equipment and performing the Services with limits of no less than $2,000,000.00. The Contractor covenants and agrees to name the Owner as co-insured throughout the Term. The Contractor shall provide the Owner proof of insurance within seven days of executing this Agreement and every year of the Term prior to providing the Services in each year. 2014 -2018 FORM OF AGREEMENT IWeed.docx 7/13 -Apr-2014 not limited to, negligence, breach of contract, tort, equity, law, intentional actions or breach of any statute or by-law except what is caused by the Owner. 11. The Contractor represents, covenants and warrants that at all times it: a. Shall be responsible for the actions and negligence of its employees, subcontractors, shareholders, officers and agents; b. Shall ensure that its actions shall behave in an appropriate manner in keeping with the terms of this Agreement and the Tender/Bid Documents; c. Shall ensure that its actions conform and adhere to all laws, statutes and regulations as applicable; and, d. It and its employees, officers, directors, subcontractors and agents have the skill and expertise to provide the Services and operate the Equipment in a safe and prudent manner. 12. The Contractor releases the Owner (including but not limited all of the Owner's managers, officers, directors, counselors, employees and volunteers) from any and all claims, actions, proceedings and demands of any kind whatsoever and howsoever arising whether in tort, contract, equity, law or by statue for any losses or damages of any kind whatsoever and howsoever arising including, but not limited to, damage to property or person caused or contributed by any third party, condition of the Property, any injury suffered in performance of the Services and/or caused by any other contractor or any person on or near the Properties for any reason. The Contractor acknowledges that the Owner has no responsibility for any actions of the users of the Properties and that the Contractor has accepted the risk that a user of the Property or third party may intentionally or negligently commit an act which directly or indirectly causes damage, harm or loss to the Contractor, Equipment or employee of the Contractor and the Contractor irrevocably and without reservation releases the Owner (including but not limited to its managers, officers, directors, counselors, employees and volunteers) from any liability and all liability. 13. Nothing contained herein shall create or be construed as creating any partnership, agency, joint venture, master/servant or employment between the Owner, its officers, servants or agents and the Contractor or any servant, agent or contractor of the Contractor. The Parties agree that at all times the Contractor is an independent contractor. 14. The Owner shall not be responsible for any infraction of, or non-compliance with any Federal, Provincial, Municipal or other laws relating to the Services and the Contractor shall and does hereby agree to indemnify and save harmless the owner in respect thereto with regard to the Services. The Contractor acknowledges that at all times it will 2014 -2018 FORM OF AGREEMENT IWeed.docx 9/13 -Apr-2014 Agreement. No amendment or waiver of this Agreement shall be binding unless executed in writing by the party to be bound thereby. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided. 20. Any terms in this Agreement which are masculine shall be interpreted as either masculine or feminine and vice versa and words importing persons shall include firms and corporations and vice versa. For convenience, headings have been inserted into this agreement and shall not be used in any manner to interpret this agreement. For the purposes of interpretation, any words in this agreement that are singular shall be interpreted as if they include the plural and any words in this agreement that are plural shall be interpreted as if they include the singular. The Parties agree that the recitals form a part of the agreement. All schedules to this agreement shall form part of the agreement. The words "Party" and "Parties" shall mean the Owner and/or the Contractor as the context permits. 21. Should any provision of this agreement require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. 22. In the event that any provisions contained in this Agreement shall be declared invalid, illegal or unenforceable by a court or other lawful authority of competent jurisdiction, this Agreement shall continue in force with respect to the enforceable provisions and all rights and remedies accrued under the enforceable provisions shall survive any such declaration, and any non-enforceable provision shall to the extent permitted by law be replaced by a provision which, being valid, comes closest to the intention underlying the invalid, illegal and unenforceable provision. 23. Neither this Agreement nor any rights or obligations under this Agreement shall be assignable by any Party without the prior written consent of the other Parties. Subject to that condition, this Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors (including any successor by reason of amalgamation of any Party) and permitted assigns. 2014 ·2018 FORM OF AGREEMENT JWeed.docx 11/13 ·Apr-2014 Zone 3: Newman Park Mineral Springs Park Elliott Fairbairn Park Tillson burg Community Centre Customer Service Centre OPP Station TIIIsonburg Fire Hall 2014 -2018 FORM OF AGREEMENT IWeed.docx SCHEDULE "A" LIST OF PROPERTIES Zone 5: Island near Parkwood Drive Hydro Station by Tim Hortons Walkway by Nikos Restaurant Lot on North Street Park Office Property Municipal Boulevards by Tillson burg Mall Islands on Lisgar Ave., Bidwell St., and by Kelseys Woodhaven Subdivision Frontage Front of Clock Tower SCHEDULE "B" T 02-13 Municipal Grass Cutting Tender 13/13 -Apr-2014 FORM OF AGREEMENT MUNICIPAL GRASS CUTTING 2014-2018 NATURE'S CHOICE LAWN CARE & IRRIGATION 2014 ~2018 FORM OF AGREEMENT Natures Choice.docx 1/13 ~Apr-2014 c) It will maintain a weekly log that the Services were performed to each of the Properties pursuant to the in the specifications and timing as specified in this Agreement and the Tender/Bid Documents (the "log"). The log shall be signed by the employee of the Contractor performing the work. The Contractor agrees to produce the log to the Owner upon demand at any time and the Owner shall have the right to copy the log; d) All equipment used to perform the Services and all vehicles transporting the equipment to the Properties must be in good mechanical and operating condition, duly licensed and insured (collectively the "Equipment"). The Equipment shall be made available for inspection(s) by the Owner upon demand either before the commencement of the Term or at any time during the Term. The Parties agree that any inspection by the Owner shall not be construed as an endorsement or approval of the mechanical or operating condition of the Equipment, does not constitute an inspection for purposes of any safety under any statute or regulation and does not relieve the Owner and/or operator from liability for such Equipment; e) All operators of the Equipment must be fully trained, qualified and experienced in the operation of any Equipment which they operate. The Owner shall comply with all Statutes, Regulations, Orders in Counsel and guidelines of the Ministry of the Environment, Ministry of Health, Ministry of labour and Ministry of Transportation along with any other applicable departments, ministries and/or crown corporations. f) At all times its employee(s) shall act in a civil, responsible, courteous and conscientious manner. The Contractor acknowledges and agrees, and will inform its employees of such, that there is no right for it or its employees to join any activities, sessions or meetings of the Owner's employees or outside groups. There will be no allowances made for employees to offend or interfere or join in activities being carried on by Town staff or outside groups while the employees of the Contractor are being employed by the Contractor. If there is a complaint about an employee then such complaint(s), if received by the Owner, will be referred to the Contractor. The Contractor further acknowledges and agrees that the Owner reserves the right to request that an employee of the Contractor be removed from performing the Services if the employee violates the terms of Articles A(l)(e), A(l)(f) or they offend or interfere with the activities of any employee(s) of the Owner and the Contractor shall not permit the employee to re-attend at any of the Properties until satisfactory arrangements have been made to ensure that there is not repetition of the offending behavior; g) It shall not leave any Equipment unattended on the Properties, private property or any other property owned or possessed by the Owner at any time unless the Equipment is properly protected to the satisfaction of the Parks and Facilities Manager of his/her designate; 2014 -2018 FORM OF AGREEMENT Natures Choice.docx 3/13 -Apr-2014 the Contractor's sole discretion, between the hours of 7:00am and 5:00pm, Monday to Friday, excepting Statutory Holidays. Written approval from the Parks & Facilities Manager is required to perform the Services at any other time in the week. The Contractor shall record in the log the date, time and who performed the Services; d) The Contractor will provide the Owner with the schedule of providing the Services for all the Properties as listed in Schedule "A". If in the case of inclement weather the Contractor shall communicate alternate plans for delivering the Services to the Parks & Facilities Manager or his/her designate; e) The term of this Agreement shall be for four and half years (the "Term"). The Term shall commence on or about May 5, 2014 and end when the Services are no longer required in the fall of 2018. The Parties acknowledge that the Term shall not commence if this Agreement has not been executed and/or the documentation as required by this Agreement, the Tender/Bid Documents, proof of insurances pursuant to Article E of this Agreement and/or such other documentation reasonably requested by the Owner have been supplied to the Owner by the Contractor; f) The Owner shall be the sole decision maker whether drought conditions exist. If the Owner determines that drought conditions exist then the weekly performance of the Services may be modified by the Parks and Facilities Manager or his/her designate. If the weekly performance of the Services is modified then the Contractor agrees that notwithstanding any other term or condition of this Agreement or the Tender/Bid Documents it shall not be remunerated, paid or compensated for weeks that it did not perform the Services; g) The Contractor recognizes that the Services are seasonal in nature and upon notice by the Owner, at the Owner's sole and absolute discretion, it shall cease supplying the Services in the fall of every year of the Term and resume supplying the Services in the spring of the following year of the Term upon notice by the Owner, at the Owner's sole and absolute discretion; h) The Contractor acknowledges that if it provides Services when it was informed by the Owner not to do so for any reason as set out in this Agreement then it shall not be paid, compensated or remunerated for such Services; i) The Contractor may not perform any extra work that are not part of the Services except in accordance with this Article B(2)(i). The Owner shall in writing ask for the extra work and then the Contractor must provide a written quote of the extra work to meet the specifications of the Parks and Facilities Manager or his/her designate. The Contractor agrees that any extra work not approved pursuant to this Article B(2)(i) shall not be paid by the Owner and the Contractor shall not be remunerated or compensated in any fashion, manner or method; 2014 -2018 FORM OF AGREEMENT Natures Choice.docx 5/13 -Apr-2014 ARTICLE D: PAYMENT 6. The Parties agree that: a. The Contractor shall be paid for the Services performed per week (except as specified in this Agreement) for each year of the Term shall be as follows: 2014 $900.00 2015 $900.00 2016 $990.00 2017 $990.00 2018 $1089.00 b. To obtain payment the Contractor shall submit an invoice for the Services on a monthly basis to the Owner (the "Invoice"). The Invoice shall comply with the amounts as specified in Article D(G)(a). The Invoice shall show the amount of the weeks that the Services were provided, the rate per week and H.S.T.; c. Invoices will be accepted for payment only upon substantiation by the Owner being satisfied that the Services were provided pursuant to this Agreement and/or the Tender/Bid Documents. The Parties agree that the Owner has the right to hold back and/or reduce the payment of some or all of the Invoice where the Services are not completed to the satisfaction of the Owner, not completed pursuant to this Agreement or as compensation for damage caused by the Contractor and not remedied by the Contractor pursuant to Article B(l)(j); d. Notwithstanding the provisions contained in Article D(G)(c) if on account of climatic or other conditions reasonably beyond the Contractor's control there are portions of the Services that cannot be completed, the Contractor shall receive payment in full for that part of the Services which were completed but the Owner may withhold a sufficient and reasonable sum for the completion of such unfinished work and adequately protect the Owner against construction liens. ARTICLE E: INSURANCE AND INDEMNITY 7. The Contractor covenants and agrees that it will carry public liability insurance for the transportation, operation and use of the Equipment and performing the Services with limits of no less than $2,000,000.00. The Contractor covenants and agrees to name the Owner as co-insured throughout the Term. The Contractor shall provide the Owner proof of insurance within seven days of executing this Agreement and every year of the Term prior to providing the Services in each year. 8. The Contractor covenants that it is registered pursuant to the Workplace Safety and Insurance Board Act and possesses all required coverages as required by the Act and by 2014 -2018 FORM OF AGREEMENT Natures Choice.docx 7/13 -Apr-2014 11. The Contractor represents, covenants and warrants that at all times it: a. Shall be responsible for the actions and negligence of its employees, subcontractors, shareholders, officers and agents; b. Shall ensure that its actions shall behave in an appropriate manner in keeping with the terms of this Agreement and the Tender/Bid Documents; c. Shall ensure that its actions conform and adhere to all laws, statutes and regulations as applicable; and, d. It and its employees, officers, directors, subcontractors and agents have the skill and expertise to provide the Services and operate the Equipment in a safe and prudent manner. 12. The Contractor releases the Owner (including but not limited all of the Owner's managers, officers, directors, counselors, employees and volunteers) from any and all claims, actions, proceedings and demands of any kind whatsoever and howsoever arising whether in tort, contract, equity, law or by statue for any losses or damages of any kind whatsoever and howsoever arising including, but not limited to, damage to property or person caused or contributed by any third party, condition of the Property, any injury suffered in performance of the Services and/or caused by any other contractor or any person on or near the Properties for any reason. The Contractor acknowledges that the Owner has no responsibility for any actions of the users of the Properties and that the Contractor has accepted the risk that a user of the Property or third party may intentionally or negligently commit an act which directly or indirectly causes damage, harm or loss to the Contractor, Equipment or employee of the Contractor and the Contractor irrevocably and without reservation releases the Owner (including but not limited to its managers, officers, directors, counselors, employees and volunteers) from any liability and all liability. 13. Nothing contained herein shall create or be construed as creating any partnership, agency, joint venture, master/servant or employment between the Owner, its officers, servants or agents and the Contractor or any servant, agent or contractor of the Contractor. The Parties agree that at all times the Contractor is an independent contractor. 14. The Owner shall not be responsible for any infraction of, or non-compliance with any Federal, Provincial, Municipal or other laws relating to the Services and the Contractor shall and does hereby agree to indemnify and save harmless the owner in respect thereto with regard to the Services. The Contractor acknowledges that at all times it will comply with all By-laws of the Corporation of the Town of Tillsonburg and that there is 2014 ·2018 FORM OF AGREEMENT Natures Choice.docx 9/13 -Apr-2014 executed in writing by the party to be bound thereby. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided. 20. Any terms in this Agreement which are masculine shall be interpreted as either masculine or feminine and vice versa and words importing persons shall include firms and corporations and vice versa. For convenience, headings have been inserted into this agreement and shall not be used in any manner to interpret this agreement. For the purposes of interpretation, any words in this agreement that are singular shall be interpreted as if they include the plural and any words in this agreement that are plural shall be interpreted as if they include the singular. The Parties agree that the recitals form a part of the agreement. All schedules to this agreement shall form part of the agreement. The words 11Party" and 11Parties" shall mean the Owner and/or the Contractor as the context permits. 21. Should any provision of this agreement require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. 22. In the event that any provisions contained in this Agreement shall be declared invalid, illegal or unenforceable by a court or other lawful authority of competent jurisdiction, this Agreement shall continue in force with respect to the enforceable provisions and all rights and remedies accrued under the enforceable provisions shall survive any such declaration, and any non-enforceable provision shall to the extent permitted by law be replaced by a provision which, being valid, comes closest to the intention underlying the invalid, illegal and unenforceable provision. 23. Neither this Agreement nor any rights or obligations under this Agreement shall be assignable by any Party without the prior written consent of the other Parties. Subject to that condition, this Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors (including any successor by reason of amalgamation of any Party) and permitted assigns. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written, signing officers in that behalf. 2014 -2018 FORM OF AGREEMENT Natures Choice.docx 11/13 -Apr-2014 Zone 4: Pine Street Parkette Annandale Diamonds and adjacent lands Participark Westmount Park Tillsonburg Museum Tanager and Bobolink Lot SCHEDULE "A" LIST OF PROPERTIES Woodcock Transformer Station Station Arts Centre land west of building Island near Customer Service Centre Lot North of Kelseys South End (Sears) Parkette Old Vienna Road SCHEDULE "B" T 02-13 Municipal Grass Cutting Tender 2014 -2018 FORM OF AGREEMENT Natures Choice.docx 13/13 -Apr-2014 FORM OF AGREEMENT MUNICIPAL GRASS CUTTING 2014-2018 PARROT YARD SERVICES 2014 -2018 FORM OF AGREEMENT Parrot.docx 1/13 -Apr-2014 c) It will maintain a weekly log that the Services were performed to each of the Properties pursuant to the in the specifications and timing as specified in this Agreement and the Tender/Bid Documents (the 11Log"). The Log shall be signed by the employee of the Contractor performing the work. The Contractor agrees to produce the Log to the Owner upon demand at any time and the Owner shall have the right to copy the Log; d) All equipment used to perform the Services and all vehicles transporting the equipment to the Properties must be in good mechanical and operating condition, duly licensed and insured (collectively the 11Equipment"}. The Equipment shall be made available for inspection{s} by the Owner upon demand either before the commencement of the Term or at any time during the Term. The Parties agree that any inspection by the Owner shall not be construed as an endorsement or approval of the mechanical or operating condition of the Equipment, does not constitute an inspection for purposes of any safety under any statute or regulation and does not relieve the Owner and/or operator from liability for such Equipment; e) All operators of the Equipment must be fully trained, qualified and experienced in the operation of any Equipment which they operate. The Owner shall comply with all Statutes, Regulations, Orders in Counsel and guidelines of the Ministry of the Environment, Ministry of Health, Ministry of Labour and Ministry of Transportation along with any other applicable departments, ministries and/or crown corporations. f) At all times its employee(s} shall act in a civil, responsible, courteous and conscientious manner. The Contractor acknowledges and agrees, and will inform its employees of such, that there is no right for it or its employees to join any activities, sessions or meetings of the Owner's employees or outside groups. There will be no allowances made for employees to offend or interfere or join in activities being carried on by Town staff or outside groups while the employees of the Contractor are being employed by the Contractor. If there is a complaint about an employee then such complaint(s), if received by the Owner, will be referred to the Contractor. The Contractor further acknowledges and agrees that the Owner reserves the right to request that an employee of the Contractor be removed from performing the Services if the employee violates the terms of Articles A(l)(e}, A(l)(f) or they offend or interfere with the activities of any employee(s} of the Owner and the Contractor shall not permit the employee to re-attend at any of the Properties until satisfactory arrangements have been made to ensure that there is not repetition of the offending behavior; g) It shall not leave any Equipment unattended on the Properties, private property or any other property owned or possessed by the Owner at any time unless the Equipment is properly protected to the satisfaction of the Parks and Facilities Manager of his/her designate; 2014 -2018 FORM OF AGREEMENT Parrot.docx 3/13 -Apr-2014 the Contractor's sole discretion, between the hours of 7:00am and 5:00pm, Monday to Friday, excepting Statutory Holidays. Written approval from the Parks & Facilities Manager is required to perform the Services at any other time in the week. The Contractor shall record in the log the date, time and who performed the Services; d) The Contractor will provide the Owner with the schedule of providing the Services for all the Properties as listed in Schedule "A". If in the case of inclement weather the Contractor shall communicate alternate plans for delivering the Services to the Parks & Facilities Manager or his/her designate; e) The term of this Agreement shall be for four and half years (the "Term"). The Term shall commence on or about May 5, 2014 and end when the Services are no longer required in the fall of 2018. The Parties acknowledge that the Term shall not commence if this Agreement has not been executed and/or the documentation as required by this Agreement, the Tender/Bid Documents, proof of insurances pursuant to Article E of this Agreement and/or such other documentation reasonably requested by the Owner have been supplied to the Owner by the Contractor; f) The Owner shall be the sole decision maker whether drought conditions exist. If the Owner determines that drought conditions exist then the weekly performance of the Services may be modified by the Parks and Facilities Manager or his/her designate. If the weekly performance of the Services is modified then the Contractor agrees that notwithstanding any other term or condition of this Agreement or the Tender/Bid Documents it shall not be remunerated, paid or compensated for weeks that it did not perform the Services; g) The Contractor recognizes that the Services are seasonal in nature and upon notice by the Owner, at the Owner's sole and absolute discretion, it shall cease supplying the Services in the fall of every year of the Term and resume supplying the Services in the spring of the following year of the Term upon notice by the Owner, at the Owner's sole and absolute discretion; h) The Contractor acknowledges that if it provides Services when it was informed by the Owner not to do so for any reason as set out in this Agreement then it shall not be paid, compensated or remunerated for such Services; i) The Contractor may not perform any extra work that are not part of the Services except in accordance with this Article B(2)(i). The Owner shall in writing ask for the extra work and then the Contractor must provide a written quote of the extra work to meet the specifications of the Parks and Facilities Manager or his/her designate. The Contractor agrees that any extra work not approved pursuant to this Article B(2)(i) shall not be paid by the Owner and the Contractor shall not be remunerated or compensated in any fashion, manner or method; 2014-2018 FORM OF AGREEMENT Parrot.docx 5/13 -Apr-2014 ARTICLED: PAYMENT 6. The Parties agree that: a. The Contractor shall be paid for the Services performed per week (except as specified in this Agreement) for each year of the Term shall be as follows: 2014 $510.00 2015 $510.00 2016 $550.00 2017 $550.00 2018 $550.00 b. To obtain payment the Contractor shall submit an invoice for the Services on a monthly basis to the Owner (the "Invoice"). The Invoice shall comply with the amounts as specified in Article D(6)(a). The Invoice shall show the amount of the weeks that the Services were provided, the rate per week and H.S.T.; c. Invoices will be accepted for payment only upon substantiation by the Owner being satisfied that the Services were provided pursuant to this Agreement and/or the Tender/Bid Documents. The Parties agree that the Owner has the right to hold back and/or reduce the payment of some or all of the Invoice where the Services are not completed to the satisfaction of the Owner, not completed pursuant to this Agreement or as compensation for damage caused by the Contractor and not remedied by the Contractor pursuant to Article B(1)(j); d. Notwithstanding the provisions contained in Article D(6)(c) if on account of climatic or other conditions reasonably beyond the Contractor's control there are portions of the Services that cannot be completed, the Contractor shall receive payment in full for that part of the Services which were completed but the Owner may withhold a sufficient and reasonable sum for the completion of such unfinished work and adequately protect the Owner against construction liens. ARTICLE E: INSURANCE AND INDEMNITY 7. The Contractor covenants and agrees that it will carry public liability insurance for the transportation, operation and use of the Equipment and performing the Services with limits of no less than $2,000,000.00. The Contractor covenants and agrees to name the Owner as co-insured throughout the Term. The Contractor shall provide the Owner proof of insurance within seven days of executing this Agreement and every year of the Term prior to providing the Services in each year. 8. The Contractor covenants that it is registered pursuant to the Workplace Safety and Insurance Board Act and possesses all required coverages as required by the Act and by 2014 -2018 FORM OF AGREEMENT Parrot.docx 7/13 -Apr-2014 11. The Contractor represents, covenants and warrants that at all times it: a. Shall be responsible for the actions and negligence of its employees, subcontractors, shareholders, officers and agents; b. Shall ensure that its actions shall behave in an appropriate manner in keeping with the terms of this Agreement and the Tender/Bid Documents; c. Shall ensure that its actions conform and adhere to all laws, statutes and regulations as applicable; and, d. It and its employees, officers, directors, subcontractors and agents have the skill and expertise to provide the Services and operate the Equipment in a safe and prudent manner. 12. The Contractor releases the Owner (including but not limited all of the Owner's managers, officers, directors, counselors, employees and volunteers) from any and all claims, actions, proceedings and demands of any kind whatsoever and howsoever arising whether in tort, contract, equity, law or by statue for any losses or damages of any kind whatsoever and howsoever arising including, but not limited to, damage to property or person caused or contributed by any third party, condition of the Property, any injury suffered in performance of the Services and/or caused by any other contractor or any person on or near the Properties for any reason. The Contractor acknowledges that the Owner has no responsibility for any actions of the users of the Properties and that the Contractor has accepted the risk that a user of the Property or third party may intentionally or negligently commit an act which directly or indirectly causes damage, harm or loss to the Contractor, Equipment or employee of the Contractor and the Contractor irrevocably and without reservation releases the Owner (including but not limited to its managers, officers, directors, counselors, employees and volunteers) from any liability and all liability. 13. Nothing contained herein shall create or be construed as creating any partnership, agency, joint venture, master/servant or employment between the Owner, its officers, servants or agents and the Contractor or any servant, agent or contractor of the Contractor. The Parties agree that at all times the Contractor is an independent contractor. 14. The Owner shall not be responsible for any infraction of, or non-compliance with any Federal, Provincial, Municipal or other laws relating to the Services and the Contractor shall and does hereby agree to indemnify and save harmless the owner in respect thereto with regard to the Services. The Contractor acknowledges that at all times it will comply with all By-laws of the Corporation of the Town of Tillson burg and that there is 2014 -2018 FORM OF AGREEMENT Parrot.docx 9/13 -Apr-2014 Agreement shall be deemed or shall constitute a waiver of any other provision nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided. 20. Any terms in this Agreement which are masculine shall be interpreted as either masculine or feminine and vice versa and words importing persons shall include firms and corporations and vice versa. For convenience, headings have been inserted into this agreement and shall not be used in any manner to interpret this agreement. For the purposes of interpretation, any words in this agreement that are singular shall be interpreted as if they include the plural and any words in this agreement that are plural shall be interpreted as if they include the singular. The Parties agree that the recitals form a part of the agreement. All schedules to this agreement shall form part of the agreement. The words "Party" and "Parties" shall mean the Owner and/or the Contractor as the context permits. 21. Should any provision of this agreement require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. 22. In the event that any provisions contained in this Agreement shall be declared invalid, illegal or unenforceable by a court or other lawful authority of competent jurisdiction, this Agreement shall continue in force with respect to the enforceable provisions and all rights and remedies accrued under the enforceable provisions shall survive any such declaration, and any non-enforceable provision shall to the extent permitted by law be replaced by a provision which, being valid, comes closest to the intention underlying the invalid, illegal and unenforceable provision. 23. Neither this Agreement nor any rights or obligations under this Agreement shall be assignable by any Party without the prior written consent of the other Parties. Subject to that condition, this Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors (including any successor by reason of amalgamation of any Party) and permitted assigns. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written, signing officers in that behalf. 2014 -2018 FORM OF AGREEMENT Parrot.docx 11/13 -Apr-2014 Zone 2: Coronation Park Gilvesy Park Cadman Park Cranberry Park 2014 -2018 FORM OF AGREEMENT Parrot.docx SCHEDULE "A" LIST OF PROPERTIES SCHEDULE "B" T 02-13 Municipal Grass Cutting Tender 13/13 -Apr-2014 REMUNERATION & EXPENSE REPORT ANALYSIS For the Year Ended December 31,2013 POLICE CONFERENCES, MEETING SERVICES HYDRO SEMINARS& SALARY PER DIEM BOARD BOARD EXPENSES TOTAL Mayor Lessif $30,242.99 $3,934.16 $3,180.50 $5,677.32 $43,034.97 Councillor Renaud $12,688.09 $650.00 $3,609.59 $524.78 $5,053.68 $22,526.14 Councillor Getty $11,463.03 $6,361.00 $3,129.76 $20,953.79 Councillor Klein $11,463.03 $5,836.22 $17,299.25 Councillor Stephenson $11,508.41 $325.00 $324.57 $1,936.77 $14,094.75 Councillor Beres $11,488.41 -$130.00 $1,693.26 $13,051.67 Councillor Rosehart $11,463.03 $96.05 $11,559.08 Michael Bossy $7,157.00 $7,157.00 John Gilvesy $260.00 $7,157.00 $2,409.35 $9,826.35 Bryce Sibbick $7,157.00 $7,157.00 Phil Esseltine $520.00 $7,952.00 $3,068.85 $11,540.85 David Palmer $390.00 $3,934.16 $1,013.67 $5,337.83 John Smith $520.00 $3,934.16 $1,687.89 $6,142.05 Larry Scanlan $910.00 $5,075.00 $2,622.67 $8,607.67 $100,316.99 $3,445.00 $20,811.64 $45,325.50 $28,389.27 $198,288.40 Authorized under By-Law 3429 STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES REPORT TITLE: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: CLARIFICATION REGARDING INDUSTRIAL LANDS AGRICULTURAL TENDER DCS 14-22 CEPHAS PANSCHOW COUNCIL MEETING APRIL 14, 2014 "THAT Council receive Report DCS 14-22 Clarification Regarding Industrial Lands Agricultural Tender for information purposes." EXECUTIVE SUMMARY The purpose of this report is to provide clarification to Council regarding the industrial lands tender process. As part of the review of Report DCS 14-18 Lease of Industrial Lands for Agricultural Purposes by Council at their March 24, 2014 meeting, the question was raised as to why the tender could not be awarded to different groups. In response to this, staff are able to confirm that the tender did allow for prospective bidders to bid for the rental of any or all of the four properties and for either the 2014 crop season or the three year period from 2014 to 2016. However, the current tender process is based on the bids not overlapping in terms of the properties being bid on, i.e. the Town would have to receive one bid for two of the properties and another bid for the remaining two properties in order to award the lands to different parties. In this case, the Town received a top bid for all four of the properties and two separate bids on two individual properties. As the bid recommended for acceptance in Report DCS 14-18 (Paul Boesterd) was for all of the properties and as there is no mechanism in the current tender process that enables the Town to arbitrarily award the bid, the Town was not able to award the bid to two different groups. Good Afternoon Please be advised that Oxford County Council, at its meeting held on March 26, 2014, adopted the following resolution with regard to the attached Report No. CAO 2014-04: "That the recommendations contained in Report No. CAO 2014-04, titled "Community Sustainability and Action Plan", be adopted with the insertion of Warden McKay, Deputy Warden Lupton, Councillor Comiskey, Councillor Sobeski and Councillor Wearn in recommendation No.5, and the insertion of the area municipalities Town of Tillsonburg, Township of South-West Oxford and Township of Norwich in recommendation No.6." For ease of reference, recommendations contained in the Report are listed as follows: 1. That County Council approve the development of a Community Sustainability Plan as outlined in Report CAO 2014-04; 2. And further, that funding in the amount of $110,000 be allocated to a Community Sustainability Plan as follows: a. $10,000 from the approved 2014 Operating Budget (CAO Office) b. $100,000 from the Corporate General reserve; 3. And further, that County Council approve the establishment of a Community Sustainability Plan (CSP) Ad Hoc Committee comprised of eight members representing all Area Municipalities such that: a. five (5) are Members of County Council, and; b. three (3) are members of Area Municipal Councils not represented by the five County Council members; 4. And further, that the CSP Ad Hoc Committee mandate include composition and lay member appointment recommendations for a CSP Steering Committee, reported to Council by June 2014; 5. And further, that ___ _, _______ _, ____ and ____ be appointed to the CSP Ad Hoc Committee; 6. And further, the the and the be requested to appoint one member of Council, and not a member of County Council, to the CSP Ad Hoc Committee; 7. And further, that Report CAO 2014-04 be forwarded to all Area Municipal Councils with a request to support the development of a Community Sustainability Plan; 8. And further, that all Area Municipal Councils be requested to authorize their Chief Administrative Officer to appoint appropriate staff to the CSP Project Team. I draw your attention, firstly, to recommendation No.7 which requests all Area Municipal Councils to support the development of a Community Sustainability Plan. In addition to requesting support of the Plan, County Council is asking for appointment of one member of Council to the CSP Ad Hoc Committee from each of the Town of Tillson burg, the Township of South- IJlx{grdCoun~ ~ growing stronger. .. together Re port No: CAO 2014-04 CAO/CLERK Council Date: March 26, 2014 To: Warden and Members of County Council From: Chief Administrative Officer Community Sustainability and Action Plan RECOMMENDATIONS 1. That County Council approve the development of a Community Sustainability Plan as outlined in Report CAO 2014-04; 2. And further, that funding in the amount of $110,000 be allocated to a Community Sustainability Plan as follows: a. $10,000 from the approved 2014 Operating Budget (CAO Office) b. $100,000 from the Corporate General reserve; 3. And further, that County Council approve the establishment of a Community Sustainability Plan (CSP) Ad Hoc Committee comprised of eight members representing all Area Municipalities such that: a. five (5) are Members of County Council, and; b. three (3) are members of Area Municipal Councils not represented by the five County Council members; 4. And further, that the CSP Ad Hoc Committee mandate include composition and lay member appointment recommendations for a CSP Steering Committee, reported to Council by June 2014; 5. And further, that , , and ___ _ be appointed to the CSP Ad Hoc Committee; 6. And further, the , the and the be requested to appoint one member of Council, and not a member of County Council, to the CSP Ad Hoc Committee; 7. And further, that Report CAO 2014-04 be forwarded to all Area Municipal Councils with a request to support the development of a Community Sustainability Plan; 8. And further, that all Area Municipal Councils be requested to authorize their Chief Administrative Officer to appoint appropriate staff to the CSP Project Team. REPORT HIGHLIGHTS • This report is in response to Resolution No. 12 adopted by Council on October 23, 2013 directing staff to review and study options for amending the County Official Plan. Page 1 of 7 Strategic Plan Report No: CAO 2014-04 CAO/CLERK Council Date: March 26, 2014 County Council adopted the County of Oxford Strategic Plan at its regular meeting on March 27, 2013. The initiatives contained in this report support the Vision, Mission and Values of the Plan across all of the Strategic Directions contained therein and in particular: 3. iii. A County that Thinks Ahead and Wisely Shapes the Future-Apply social , financial and environmental sustainability lenses to significant decisions by assessing options in regard to: • Potential impacts to the vulnerable population in our community • Life cycle costs and benefit/costs, including debt, tax and reserve levels and implications • Responsible environmental stewardship DISCUSSION Background The County Strategic Plan was approved by County Council in March 2013. Council subsequently identified several of the Plan's strategic directions as priorities for the remainder of the current term of Council and has endorsed the 'Vision to Action' campaign put forward by staff in the 2014 business plans and budget. In addition to the priorities identified with respect to the Strategic Plan, on October 23, 2013, Council adopted Resolution No. 12 as follows: THEREFORE BE IT RESOLVED, that the County of Oxford Planning Staff is hereby directed to conduct all necessary review and study, undertake required public consultations, give all required statutory public notices and hold all required public meetings, in order to bring forward for County Council's consideration, options for amending Section 5. 3. 5 and such other sections of the County Official Plan as may be necessary for prohibiting, restricting, limiting and/or otherwise regulating new landfill sites where such sites are proposed to be established primarily for the importation of waste from outside of the County, and not for the purposes of addressing the County's waste disposal needs. . Comments Planning staff have reviewed the above-noted resolution with a view to developing an appropriate land use planning basis for considering options for amending the Official Plan, as well as the implications related to implementation measures and potential appeals to any amendments that may be proposed as a result of the review and study directed by Council. It is the opinion of Planning staff that the most significant challenge with respect to the development and implementation of policies that focus on the 'importation of waste from outside of the County' will be the ability to provide an effective policy basis on which to defend any appeals to an Official Plan amendment, if such an amendment is an option that Council chooses to pursue. The adoption of policy that limits the development of landfills that import waste from beyond the County as opposed to those that serve the County's needs alone could prove to be problematic from a land use perspective. It has been the experience of staff that defending Official Plan policies before the Ontario Municipal Board that are not created through solid background study are often unsuccessful. Page 3 of 7 Figure 1 Report No: CAO 2014-04 CAO/CLERK Council Date: March 26, 2014 Vision for Community-Driven Sustainability in Oxford County As such, community sustainability takes a long-term perspective that focuses on both the present and future with a view to the development of healthier, less costly communities which encourage and utilize both effective, responsive leadership and active, organized and informed citizens. The Strategic Plan, as approved in March 2013, was developed by County Council with limited community stakeholder input. The Strategic Plan provides a largely high-level "corporate" approach to the objectives and strategic directives of the County going forward . Conversely, the development of a community-driven sustainability plan will provide an opportunity for broad consultation with the public, businesses, interest groups and service organizations. The intent will be to develop a "grass roots" plan based on community goals and objectives that can be referenced in various strategies going forward. Such a plan would serve as a platform from which the County and the Area Municipalities can assess the risks and benefits related to emerging issues and opportunities from community social, financial and environmental perspectives. Developing the Plan It is important that this not be a process driven by the County of Oxford, but that all Area Municipalities and members of the community are involved. Sustainable community success depends upon the commitment and involvement of active and informed citizens, inspired leadership and healthy community institutions, services and businesses. As the focus of this project will be the creation of a community-driven plan, it is important that the project be guided by a steering committee represented by a wide cross-section of community interests. Page 5 of 7 Report No: CAO 2014-04 CAO/CLERK Council Date: March 26, 2014 The nature and scale of the project the Steering Committee will be asked to undertake includes: • developing an appropriate project Terms of Reference • developing and undertaking a broad community consultation program • developing a sound sustainability plan and policy framework This proposed work program will require the services of a qualified team of consulting professionals with expertise in both community sustainability and public consultation and engagement. In light of the scope of this project, staff estimates the cost of the professional services assignment at $100,000. To ensure the timely initiation of the work, staff is seeking authority in this report to fund the project in 2014 from the Corporate General Reserve. Conclusions The development of a community-driven sustainability plan is supported by the Vision and all of the strategic directions contained in the County Strategic Plan, with specific support through the County's commitment to thinking ahead and wisely shaping the future by applying social, financial and environmental sustainability lenses to significant decisions. In addition, a Community Sustainability Plan is consistent with all existing Area Municipal Strategic Plans. A plan that engages a broad cross-section of the community and addresses a variety of issues relating to quality of life, healthy environments, effective governance and economic security can be an effective tool for the County and the Area Municipalities in all major decision making and when considering emerging issues and opportunities going forward. The development of such a plan responds to Council's Fall2013 resolution regarding the consideration of amendments to the waste management policies of the Official Plan . Staff are of the opinion that the development of a community-driven sustainability plan can provide a policy platform from which the County and the Area Municipalities can approach a broad range of decision making issues and opportunities, including how the County approaches waste management. Moreover, such plan would enable the formulation and implementation of strategies to address a variety of matters important to the community in the context of financial, social and environmental goals and objectives. A broad community-based approach to the development of a sustainability plan can provide a foundation from which policies can be developed in the Official Plan as well as other strategic documents. As such, staff recommends proceeding with the development of a Community Sustainability Plan through the establishment of a Community Sustainability Plan Steering Committee and with the participation and cooperation of the Area Municipalities. SIGNATURE Approved for submission: Original signed by Peter M. Crockett, P.Eng. Chief Administrative Officer Page 7 of 7 STAFF REPORT CLERKS OFFICE Title: Royal Canadian Air Cadets' Annual Tag Day Fundraiser Report No.: CL 14-10 Author: DONNA WILSON Meeting Type: COUNCIL MEETING Council Date: APRIL 14, 2014 Attachments: ROYAL CANDIAN AIR CADETS REQUEST RECOMMENDATION THAT Council receive Report CL 14-10, Royal Canadian Air Cadets' Annual Tag Day Fundraiser; AND THAT the request from 153 Varnavair Squadron Royal Canadian Air Cadets, to conduct their annual Tag Days on May 2-3, 2014, in the Town of Tillson burg, be approved. EXECUTIVE SUMMARY The 153 Varnavair Squadron Royal Canadian Air Cadets have requested permission to place their Squadron Cadets on Town property during their bi-annual fundraiser on May 2nd and 3rd, 2014. The students will be in uniform and giving out Air Cadet tags in return for a donation. HISTORY /DISCUSSION The Royal Canadian Air Cadets is a program that promotes interest in aviation, physical fitness and responsible citizenship for teens 12 to 18 years of age. The Tillsonburg Squadron consists of forty-five young adults. The Squadron conducts an annual fundraising weekend in April and each year they request permission from Town Council to place members on Town property, in addition to various stores. This year they have requested permissions to conduct the Tag Day in October as well. The funds raised through the event provides for training expenses for the organization. FINANCIAL IMPACT /FUNDING SOURCE There is no financial impact to the Town for this event. CAO 3 April2014 Dear Councillors; 153 'V.Jl1UV.Jll1JU~ :Roy a{ Canadian .J\.ir Cadet Squatfron 16 'Durfiam St., P.O. 'Box 373, Station Jltt.ain, 'ltf{son6urg, Ontario, N4g4J-fs 'I'ef: 519-842-3715 The 153 Varnavair Squadron Royal Canadian Air Cadets, request permission to place our Squadron Cadets; in uniform, on your property for our Annual Tag Day Fundraiser the weekend of May 2nd and 3ro 2014 This is our squadrons Annual Fundraiser. The funds raised through this event go towards the training expenses for our organization. The Squadron consists of forty-five boys and girls between the ages of twelve and eighteen from the Tillsonburg and surrounding areas~ Please call the Cadet office at: 519-842-3715 and leave a message with an evening contact number, with your decision. Thank you for your time and consideration. Amber Brunekreeft Air Cadet League of Canada Sponsoring Committee Acting Chairperson 153 Varnavair RC(Air)CS SSC 'To Learn -'To Serve -To J:\.d"vance THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3808 A BY -LAW to establish a service fee for payment card processing services with respect to utility bill payments. WHEREAS the Council of the Corporation of the Town ofTillsonburg is desirous of establishing a service fee for payment card processing services with respect to utility payments to Tillsonburg Hydro Inc. THEREFORE the Council of the Corporation Town ofTillsonburg enacts as follows: I. Where a payment card, specifically Visa, MasterCard, American Express or any other payment card authorized for acceptance, is used to pay for utility bills pertaining to Tillsonburg Hydro Inc., the payment card processing service fee be authorized to be charged in addition to the originating charge. Read a First and Second Time this 14th day of April, 2014. Read a Third and Final Time and passed this 14th day of April, 2014. Mayor-John Lessif Clerk-Donna Wilson 1HE CORPORATION OF 1HE TOWN OF TILLSONBURG BY-LAW NO. 3809 A BY -LAW to appoint a Deputy Clerk for the Town ofTillsonburg. WHEREAS the Municipal Act, 2001, S.O. 2001, Chapter 25 allows for the appointment of officers of the Municipality; AND WHEREAS the Council of the Corporation of the Town ofTillsonburg deems it is necessary and expedient to appoint a Deputy Clerk for the Corporation of the Town of Tillson burg; THEREFORE the Council of the Town ofTillsonburg enacts as follows: I. THAT Jeffrey Bunn be hereby appointed as Deputy Clerk. 2. THAT this By-Law is passed pursuant to the Municipal Act, 2001 S.O. 2001, Chapter 25. 3. AND THAT this by-law comes into force and effect upon passing. Read a First and Second Time this 14th day of April, 2014. Read a Third and Final Time and passed this 14th day of April, 2014. Mayor-John Lessif Clerk-Donna Wilson ) FORM OF AGREEMENT GARDEN BED MAINTENANCE 2014-2018 NATURE'S CHOICE LAWN CARE & IRRIGATION 2014 ·2018 FORM OF AGREEMENT (Gardens) Natures Choice.docx 1/12 -Apr-2014 c) It will maintain a weekly log that the Services were performed to each of the Properties pursuant to the in the specifications and timing as specified in this Agreement and the Tender/Bid Documents (the "Log"). The Log shall be signed by the employee of the Contractor performing the work. The Contractor agrees to produce the Log to the Owner upon demand at any time and the Owner shall have the right to copy the Log; d) All equipment used to perform the Services and all vehicles transporting the equipment to the Properties must be in good mechanical and operating condition, duly licensed and insured (collectively the "Equipment"). The Equipment shall be made available for inspection(s) by the Owner upon demand either before the commencement of the Term or at any time during the Term. The Parties agree that any inspection by the Owner shall not be construed as an endorsement or approval of the mechanical or operating condition of the Equipment, does not constitute an inspection for purposes of any safety under any statute or regulation and does not relieve the Owner and/or operator from liability for such Equipment; e) All operators of the Equipment must be fully trained, qualified and experienced in the operation of any Equipment which they operate. The Owner shall comply with all Statutes, Regulations, Orders in Counsel and guidelines of the Ministry of the Environment, Ministry of Health, Ministry of Labour and Ministry of Transportation along with any other applicable departments, ministries and/or crown corporations. f) At all times its employee(s) shall act in a civil, responsible, courteous and conscientious manner. The Contractor acknowledges and agrees, and will inform its employees of such, that there is no right for it or its employees to join any activities, sessions or meetings of the Owner's employees or outside groups. There will be no allowances made for employees to offend or interfere or join in activities being carried on by Town staff or outside groups while the employees of the Contractor are being employed by the Contractor. If there is a complaint about an employee then such complaint(s), if received by the Owner, will be referred to the Contractor. The Contractor further acknowledges and agrees that the Owner reserves the right to request that an employee of the Contractor be removed from performing the Services if the employee violates the terms of Articles A(l)(e), A(l)(f) or they offend or interfere with the activities of any employee(s) of the Owner and the Contractor shall not permit the employee tore-attend at any of the Properties until satisfactory arrangements have been made to ensure that there is not repetition of the offending behavior; g) It shall not leave any Equipment unattended on the Properties, private property or any other property owned or possessed by the Owner at any time unless the Equipment is properly protected to the satisfaction of the Parks and Facilities Manager of his/her designate; 2014 -2018 FORM OF AGREEMENT (Gardens) Natures Choice.docx 3/12 -Apr-2014 required by this Agreement, the Tender/Bid Documents, proof of insurances pursuant to Article E of this Agreement and/or such other documentation reasonably requested by the Owner have been supplied to the Owner by the Contractor; f) The Owner shall be the sole decision maker whether conditions requiring service exist. If the Owner determines that appropriate conditions exist then the frequency of performance of the Services may be modified by the Parks and Facilities Manager or his/her designate. If the performance of the Services is modified then the Contractor agrees that notwithstanding any other term or condition of this Agreement or the Tender/Bid Documents it shall not be remunerated, paid or compensated for weeks that it did not perform the Services; g) The Contractor recognizes that the Services are seasonal in nature and upon notice by the Owner, at the Owner's sole and absolute discretion, it shall cease supplying the Services in the fall of every year of the Term and resume supplying the Services in the spring of the following year of the Term upon notice by the Owner, at the Owner's sole and absolute discretion; h) The Contractor acknowledges that if it provides Services when it was informed by the Owner not to do so for any reason as set out in this Agreement then it shall not be paid, compensated or remunerated for such Services; i) The Contractor may not perform any extra work that are not part of the Services except in accordance with this Article B(2)(i). The Owner shall in writing ask for the extra work and then the Contractor must provide a written quote of the extra work to meet the specifications of the Parks and Facilities Manager or his/her designate. The Contractor agrees that any extra work not approved pursuant to this Article B(2)(i) shall not be paid by the Owner and the Contractor shall not be remunerated or compensated in any fashion, manner or method; ARTICLE C: TERMINATION 3. The Parties agree that the Owner has the right to terminate this Agreement upon the following: a) any material misrepresentation contained in the Bid by the Contractor; b) any violation, breach or non-performance of any term, condition, warranty, covenant or representation of this Agreement and/or the Tender/Bid Documents and such violation, breach or non-performance has not been remedied by the Contractor upon 15 days' notice by the Owner (the "Notice"); or, 2014-2018 FORM OF AGREEMENT (Gardens) Natures Choice.docx 5/12 -Apr-2014 pursuant to this Agreement or as compensation for damage caused by the Contractor and not remedied by the Contractor pursuant to Article B(l)(j); d. Notwithstanding the provisions contained in Article D(6)(c) if on account of climatic or other conditions reasonably beyond the Contractor's control there are portions of the Services that cannot be completed, the Contractor shall receive payment in full for that part of the Services which were completed but the Owner may withhold a sufficient and reasonable sum for the completion of such unfinished work and adequately protect the Owner against construction liens. ARTICLE E: INSURANCE AND INDEMNITY 7. The Contractor covenants and agrees that it will carry public liability insurance for the transportation, operation and use of the Equipment and performing the Services with limits of no less than $2,000,000.00. The Contractor covenants and agrees to name the Owner as co-insured throughout the Term. The Contractor shall provide the Owner proof of insurance within seven days of executing this Agreement and every year of the Term prior to providing the Services in each year. 8. The Contractor covenants that it is registered pursuant to the Workplace Safety and Insurance Board Act and possesses all required coverages as required by the Act and by the Workplace Safety and Insurance Board. The Contractor shall provide the Owner the proof of insurance with the Owner and a clearance certificate within seven days of executing this Agreement and every year of the Term prior to providing the Services in each year. 9. The Contractor acknowledges and agrees that it is performing the Services entirely at its own risk and the Contractor assumes all responsibility for the condition of its Equipment, the skill of its employees and condition of the Properties. The Contractor acknowledges and agrees: a. that it must perform its own inspection of the Properties to ensure the Properties are free of hazards, material and debris of any kind that may cause damage to the property of the Contractor or injury to the employees of the Contractor; b. that the Owner provides no warranty, covenant or representation as to the condition of the Properties; c. that the Owner is not responsible to remove any debris, material or hazards from the Properties prior to the Contractor performing the Services; d. the Properties, grass, weeds, gardens, trees and buildings are all in an "as is" condition for the Contractor to perform the Services; and, 2014 ~2018 FORM OF AGREEMENT (Gardens) Natures Choice.docx 7/12 -Apr-2014 contractor or any person on or near the Properties for any reason. The Contractor acknowledges that the Owner has no responsibility for any actions of the users of the Properties and that the Contractor has accepted the risk that a user of the Property or third party may intentionally or negligently commit an act which directly or indirectly causes damage, harm or loss to the Contractor, Equipment or employee of the Contractor and the Contractor irrevocably and without reservation releases the Owner (including but not limited to its managers, officers, directors, counselors, employees and volunteers) from any liability and all liability. 13. Nothing contained herein shall create or be construed as creating any partnership, agency, joint venture, master/servant or employment between the Owner, its officers, servants or agents and the Contractor or any servant, agent or contractor of the Contractor. The Parties agree that at all times the Contractor is an independent contractor. 14. The Owner shall not be responsible for any infraction of, or non-compliance with any Federal, Provincial, Municipal or other laws relating to the Services and the Contractor shall and does hereby agree to indemnify and save harmless the owner in respect thereto with regard to the Services. The Contractor acknowledges that at all times it will comply with all By-laws of the Corporation of the Town of Tillsonburg and that there is no express or implied exemption(s) of any by-law(s) of the Corporation of the Town of Tillson burg. ARTICLE F: MISCELLANEOUS 15. Time shall be deemed to be the essence of this Agreement. 16. The general conditions, special conditions, specifications, the RFQ, any Addenda and information contained in the Tender/Bid Documents are all to be read and form part of this Agreement along with all Schedules attached and constitute the entire contract between the Parties. 17. In case of any inconsistency or conflict between the provisions of this Agreement and the Tender/Bid Documents then the order of which document is paramount shall be as follows: a. this Agreement b. all documents that form the Tender c. the Bid; 18. All communications in writing between the Parties shall be deemed to have been received by the addressee if delivered to the individual or to a member of the firm or to an officer of the Corporation for whom they are intended or if sent by post or by telegram addressed as follows: 2014 -2018 FORM OF AGREEMENT (Gardens) Natures Choice.docx 9/12 -Apr-2014 22. In the event that any provisions contained in this Agreement shall be declared invalid, illegal or unenforceable by a court or other lawful authority of competent jurisdiction, this Agreement shall continue in force with respect to the enforceable provisions and all rights and remedies accrued under the enforceable provisions shall survive any such declaration, and any non-enforceable provision shall to the extent permitted by law be replaced by a provision which, being valid, comes closest to the intention underlying the invalid, illegal and unenforceable provision. 23. Neither this Agreement nor any rights or obligations under this Agreement shall be assignable by any Party without the prior written consent of the other Parties. Subject to that condition, this Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors (including any successor by reason of amalgamation of any Party) and permitted assigns. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written, signing officers in that behalf. 2014 -2018 FORM OF AGREEMENT (Gardens) Natures Choice.docx 11/12 CONTRACTOR Per: Rob Thornton, President I have authority to bind the Corporation. The Corporation of the Town of Tillson burg Per: John Lessif, Mayor and Donna Wilson, Clerk We have authority to bind the Corporation. -Apr-2014 FORM OF AGREEMENT MUNICIPAL GRASS CUTTING 2014-2018 D & D COMMERCIAL PROPERTY MAINTENANCE LTD. 2014 -2018 FORM OF AGREEMENT DandD.docx 1/13 -Apr-2014 c) It will maintain a weekly log that the Services were performed to each of the Properties pursuant to the in the specifications and timing as specified in this Agreement and the Tender/Bid Documents (the "log"). The log shall be signed by the employee of the Contractor performing the work. The Contractor agrees to produce the log to the Owner upon demand at any time and the Owner shall have the right to copy the log; d) All equipment used to perform the Services and all vehicles transporting the equipment to the Properties must be in good mechanical and operating condition, duly licensed and insured (collectively the "Equipment"). The Equipment shall be made available for inspection(s) by the Owner upon demand either before the commencement of the Term or at any time during the Term. The Parties agree that any inspection by the Owner shall not be construed as an endorsement or approval of the mechanical or operating condition of the Equipment, does not constitute an inspection for purposes of any safety under any statute or regulation and does not relieve the Owner and/or operator from liability for such Equipment; e) All operators of the Equipment must be fully trained, qualified and experienced in the operation of any Equipment which they operate. The Owner shall comply with all Statutes, Regulations, Orders in Counsel and guidelines of the Ministry of the Environment, Ministry of Health, Ministry of labour and Ministry of Transportation along with any other applicable departments, ministries and/or crown corporations. f) At all times its employee(s) shall act in a civil, responsible, courteous and conscientious manner. The Contractor acknowledges and agrees, and will inform its employees of such, that there is no right for it or its employees to join any activities, sessions or meetings of the Owner's employees or outside groups. There will be no allowances made for employees to offend or interfere or join in activities being carried on by Town staff or outside groups while the employees of the Contractor are being employed by the Contractor. If there is a complaint about an employee then such complaint(s), if received by the Owner, will be referred to the Contractor. The Contractor further acknowledges and agrees that the Owner reserves the right to request that an employee of the Contractor be removed from performing the Services if the employee violates the terms of Articles A(l)(e), A(l)(f) or they offend or interfere with the activities of any employee(s) of the Owner and the Contractor shall not permit the employee to re-attend at any of the Properties until satisfactory arrangements have been made to ensure that there is not repetition of the offending behavior; g) It shall not leave any Equipment unattended on the Properties, private property or any other property owned or possessed by the Owner at any time unless the Equipment is properly protected to the satisfaction of the Parks and Facilities Manager of his/her designate; 2014-2018 FORM OF AGREEMENT DandD.docx 3/13 -Apr-2014 the Contractor's sole discretion, between the hours of 7:00am and 5:00pm, Monday to Friday, excepting Statutory Holidays. Written approval from the Parks & Facilities Manager is required to perform the Services at any other time in the week. The Contractor shall record in the Log the date, time and who performed the Services; d) The Contractor will provide the Owner with the schedule of providing the Services for all the Properties as listed in Schedule "A". If in the case of inclement weather the Contractor shall communicate alternate plans for delivering the Services to the Parks & Facilities Manager or his/her designate; e) The term of this Agreement shall be for four and half years (the "Term"). The Term shall commence on or about May 5, 2014 and end when the Services are no longer required in the fall of 2018. The Parties acknowledge that the Term shall not commence if this Agreement has not been executed and/or the documentation as required by this Agreement, the Tender/Bid Documents, proof of insurances pursuant to Article E of this Agreement and/or such other documentation reasonably requested by the Owner have been supplied to the Owner by the Contractor; f) The Owner shall be the sole decision maker whether drought conditions exist. If the Owner determines that drought conditions exist then the weekly performance of the Services may be modified by the Parks and Facilities Manager or his/her designate. If the weekly performance of the Services is modified then the Contractor agrees that notwithstanding any other term or condition of this Agreement or the Tender/Bid Documents it shall not be remunerated, paid or compensated for weeks that it did not perform the Services; g) The Contractor recognizes that the Services are seasonal in nature and upon notice by the Owner, at the Owner's sole and absolute discretion, it shall cease supplying the Services in the fall of every year of the Term and resume supplying the Services in the spring of the following year of the Term upon notice by the Owner, at the Owner's sole and absolute discretion; h) The Contractor acknowledges that if it provides Services when it was informed by the Owner not to do so for any reason as set out in this Agreement then it shall not be paid, compensated or remunerated for such Services; i) The Contractor may not perform any extra work that are not part of the Services except in accordance with this Article B(2)(i). The Owner shall in writing ask for the extra work and then the Contractor must provide a written quote of the extra work to meet the specifications of the Parks and Facilities Manager or his/her designate. The Contractor agrees that any extra work not approved pursuant to this Article B(2)(i) shall not be paid by the Owner and the Contractor shall not be remunerated or compensated in any fashion, manner or method; 2014 -2018 FORM OF AGREEMENT DandD.dooc 5/13 -Apr-2014 ARTICLED: PAYMENT 6. The Parties agree that: a. The Contractor shall be paid for the Services performed per week (except as specified in this Agreement) for each year of the Term shall be as follows: 2014 $585.00 2015 $585.00 2016 $585.00 2017 $585.00 2018 $585.00 b. To obtain payment the Contractor shall submit an invoice for the Services on a monthly basis to the Owner (the "Invoice"). The Invoice shall comply with the amounts as specified in Article D(6)(a). The Invoice shall show the amount of the weeks that the Services were provided, the rate per week and H.S.T.; c. Invoices will be accepted for payment only upon substantiation by the Owner being satisfied that the Services were provided pursuant to this Agreement and/or the Tender/Bid Documents. The Parties agree that the Owner has the right to hold back and/or reduce the payment of some or all of the Invoice where the Services are not completed to the satisfaction of the Owner, not completed pursuant to this Agreement or as compensation for damage caused by the Contractor and not remedied by the Contractor pursuant to Article B(1)(j); d. Notwithstanding the provisions contained in Article D(6)(c) if on account of climatic or other conditions reasonably beyond the Contractor's control there are portions of the Services that cannot be completed, the Contractor shall receive payment in full for that part of the Services which were completed but the Owner may withhold a sufficient and reasonable sum for the completion of such unfinished work and adequately protect the Owner against construction liens. ARTICLE E: INSURANCE AND INDEMNITY 7. The Contractor covenants and agrees that it will carry public liability insurance for the transportation, operation and use of the Equipment and performing the Services with limits of no less than $2,000,000.00. The Contractor covenants and agrees to name the Owner as co-insured throughout the Term. The Contractor shall provide the Owner proof of insurance within seven days of executing this Agreement and every year of the Term prior to providing the Services in each year. 8. The Contractor covenants that it is registered pursuant to the Workplace Safety and Insurance Board Act and possesses all required coverages as required by the Act and by 2014-2018 FORM OF AGREEMENT DandD.docx 7/13 -Apr-2014 11. The Contractor represents, covenants and warrants that at all times it: a. Shall be responsible for the actions and negligence of its employees, subcontractors, shareholders, officers and agents; b. Shall ensure that its actions shall behave in an appropriate manner in keeping with the terms of this Agreement and the Tender/Bid Documents; c. Shall ensure that its actions conform and adhere to all laws, statutes and regulations as applicable; and, d. It and its employees, officers, directors, subcontractors and agents have the skill and expertise to provide the Services and operate the Equipment in a safe and prudent manner. 12. The Contractor releases the Owner (including but not limited all of the Owner's managers, officers, directors, counselors, employees and volunteers) from any and all claims, actions, proceedings and demands of any kind whatsoever and howsoever arising whether in tort, contract, equity, law or by statue for any losses or damages of any kind whatsoever and howsoever arising including, but not limited to, damage to property or person caused or contributed by any third party, condition of the Property, any injury suffered in performance of the Services and/or caused by any other contractor or any person on or near the Properties for any reason. The Contractor acknowledges that the Owner has no responsibility for any actions of the users of the Properties and that the Contractor has accepted the risk that a user of the Property or third party may intentionally or negligently commit an act which directly or indirectly causes damage, harm or loss to the Contractor, Equipment or employee of the Contractor and the Contractor irrevocably and without reservation releases the Owner (including but not limited to its managers, officers, directors, counselors, employees and volunteers) from any liability and all liability. 13. Nothing contained herein shall create or be construed as creating any partnership, agency, joint venture, master/servant or employment between the Owner, its officers, servants or agents and the Contractor or any servant, agent or contractor of the Contractor. The Parties agree that at all times the Contractor is an independent contractor. 14. The Owner shall not be responsible for any infraction of, or non-compliance with any Federal, Provincial, Municipal or other laws relating to the Services and the Contractor shall and does hereby agree to indemnify and save harmless the owner in respect thereto with regard to the Services. The Contractor acknowledges that at all times it will comply with all By-laws of the Corporation of the Town of Tillson burg and that there is 2014 -2018 FORM OF AGREEMENT DandD.docx 9/13 -Apr-2014 Agreement shall be deemed or shall constitute a waiver of any other provision nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided. 20. Any terms in this Agreement which are masculine shall be interpreted as either masculine or feminine and vice versa and words importing persons shall include firms and corporations and vice versa. For convenience, headings have been inserted into this agreement and shall not be used in any manner to interpret this agreement. For the purposes of interpretation, any words in this agreement that are singular shall be interpreted as if they include the plural and any words in this agreement that are plural shall be interpreted as if they include the singular. The Parties agree that the recitals form a part of the agreement. All schedules to this agreement shall form part of the agreement. The words "Party" and "Parties" shall mean the Owner and/or the Contractor as the context permits. 21. Should any provision of this agreement require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. 22. In the event that any provisions contained in this Agreement shall be declared invalid, illegal or unenforceable by a court or other lawful authority of competent jurisdiction, this Agreement shall continue in force with respect to the enforceable provisions and all rights and remedies accrued under the enforceable provisions shall survive any such declaration, and any non-enforceable provision shall to the extent permitted by law be replaced by a provision which, being valid, comes closest to the intention underlying the invalid, illegal and unenforceable provision. 23. Neither this Agreement nor any rights or obligations under this Agreement shall be assignable by any Party without the prior written consent of the other Parties. Subject to that condition, this Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors (including any successor by reason of amalgamation of any Party) and permitted assigns. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written, signing officers in that behalf. 2014 -2018 FORM OF AGREEMENT DandD.docx 11/13 -Apr-2014 Zone 1: Southridge Park Glendale Park Trottier Park Memorial Park 2014-2018 FORM OF AGREEMENT DandD.docx SCHEDULE "A" LIST OF PROPERTIES SCHEDULE "B" T 02-13 Municipal Grass Cutting Tender 13/13 -Apr-2014 FORM OF AGREEMENT MUNICIPAL GRASS CUTTING 2014-2018 IWEED IN CORPORA TED 2014 -2018 FORM OF AGREEMENT IWeed.docx 1/13 -Apr-2014 c) It will maintain a weekly log that the Services were performed to each of the Properties pursuant to the in the specifications and timing as specified in this Agreement and the Tender/Bid Documents (the "Log"). The Log shall be signed by the employee of the Contractor performing the work. The Contractor agrees to produce the Log to the Owner upon demand at any time and the Owner shall have the right to copy the Log; d) All equipment used to perform the Services and all vehicles transporting the equipment to the Properties must be in good mechanical and operating condition, duly licensed and insured (collectively the "Equipment"). The Equipment shall be made available for inspection(s) by the Owner upon demand either before the commencement of the Term or at any time during the Term. The Parties agree that any inspection by the Owner shall not be construed as an endorsement or approval of the mechanical or operating condition of the Equipment, does not constitute an inspection for purposes of any safety under any statute or regulation and does not relieve the Owner and/or operator from liability for such Equipment; e) All operators of the Equipment must be fully trained, qualified and experienced in the operation of any Equipment which they operate. The Owner shall comply with all Statutes, Regulations, Orders in Counsel and guidelines of the Ministry of the Environment, Ministry of Health, Ministry of Labour and Ministry of Transportation along with any other applicable departments, ministries and/or crown corporations. f) At all times its employee(s) shall act in a civil, responsible, courteous and conscientious manner. The Contractor acknowledges and agrees, and will inform its employees of such, that there is no right for it or its employees to join any activities, sessions or meetings of the Owner's employees or outside groups. There will be no allowances made for employees to offend or interfere or join in activities being carried on by Town staff or outside groups while the employees of the Contractor are being employed by the Contractor. If there is a complaint about an employee then such complaint(s), if received by the Owner, will be referred to the Contractor. The Contractor further acknowledges and agrees that the Owner reserves the right to request that an employee of the Contractor be removed from performing the Services if the employee violates the terms of Articles A(l)(e), A(l)(f) or they offend or interfere with the activities of any employee(s) of the Owner and the Contractor shall not permit the employee to re-attend at any of the Properties until satisfactory arrangements have been made to ensure that there is not repetition of the offending behavior; g) It shall not leave any Equipment unattended on the Properties, private property or any other property owned or possessed by the Owner at any time unless the Equipment is properly protected to the satisfaction of the Parks and Facilities Manager of his/her designate; 2014 -2018 FORM OF AGREEMENT IWeed.docx 3/13 -Apr-2014 the Contractor's sole discretion, between the hours of 7:00am and 5:00pm, Monday to Friday, excepting Statutory Holidays. Written approval from the Parks & Facilities Manager is required to perform the Services at any other time in the week. The Contractor shall record in the Log the date, time and who performed the Services; d) The Contractor will provide the Owner with the schedule of providing the Services for all the Properties as listed in Schedule "A". If in the case of inclement weather the Contractor shall communicate alternate plans for delivering the Services to the Parks & Facilities Manager or his/her designate; e) The term of this Agreement shall be for four and half years (the "Term"). The Term shall commence on or about May 5, 2014 and end when the Services are no longer required in the fall of 2018. The Parties acknowledge that the Term shall not commence if this Agreement has not been executed and/or the documentation as required by this Agreement, the Tender/Bid Documents, proof of insurances pursuant to Article E of this Agreement and/or such other documentation reasonably requested by the Owner have been supplied to the Owner by the Contractor; f) The Owner shall be the sole decision maker whether drought conditions exist. If the Owner determines that drought conditions exist then the weekly performance of the Services may be modified by the Parks and Facilities Manager or his/her designate. If the weekly performance of the Services is modified then the Contractor agrees that notwithstanding any other term or condition of this Agreement or the Tender/Bid Documents it shall not be remunerated, paid or compensated for weeks that it did not perform the Services; g) The Contractor recognizes that the Services are seasonal in nature and upon notice by the Owner, at the Owner's sole and absolute discretion, it shall cease supplying the Services in the fall of every year of the Term and resume supplying the Services in the spring of the following year of the Term upon notice by the Owner, at the Owner's sole and absolute discretion; h) The Contractor acknowledges that if it provides Services when it was informed by the Owner not to do so for any reason as set out in this Agreement then it shall not be paid, compensated or remunerated for such Services; i) The Contractor may not perform any extra work that are not part of the Services except in accordance with this Article B(2)(i). The Owner shall in writing ask for the extra work and then the Contractor must provide a written quote of the extra work to meet the specifications of the Parks and Facilities Manager or his/her designate. The Contractor agrees that any extra work not approved pursuant to this Article B(2)(i) shall not be paid by the Owner and the Contractor shall not be remunerated or compensated in any fashion, manner or method; 2014 -2018 FORM OF AGREEMENT IWeed.docx 5/13 -Apr-2014 ARTICLE D: PAYMENT 6. The Parties agree that: a. The Contractor shall be paid for the Services performed per week (except as specified in this Agreement) for each year of the Term shall be as follows: ZONE 3 ZONE 5 2014 $269.00 $336.00 2015 $269.00 $336.00 2016 $276.50 $346.50 2017 $276.50 $346.50 2018 $283.00 $346.00 b. To obtain payment the Contractor shall submit an invoice for the Services on a monthly basis to the Owner (the "Invoice"). The Invoice shall comply with the amounts as specified in Article D(6)(a). The Invoice shall show the amount of the weeks that the Services were provided, the rate per week and H.S.T.; c. Invoices will be accepted for payment only upon substantiation by the Owner being satisfied that the Services were provided pursuant to this Agreement and/or the Tender/Bid Documents. The Parties agree that the Owner has the right to hold back and/or reduce the payment of some or all of the Invoice where the Services are not completed to the satisfaction of the Owner, not completed pursuant to this Agreement or as compensation for damage caused by the Contractor and not remedied by the Contractor pursuant to Article B(1)(j); d. Notwithstanding the provisions contained in Article D(6)(c) if on account of climatic or other conditions reasonably beyond the Contractor's control there are portions of the Services that cannot be completed, the Contractor shall receive payment in full for that part of the Services which were completed but the Owner may withhold a sufficient and reasonable sum for the completion of such unfinished work and adequately protect the Owner against construction liens. ARTICLE E: INSURANCE AND INDEMNITY 7. The Contractor covenants and agrees that it will carry public liability insurance for the transportation, operation and use of the Equipment and performing the Services with limits of no less than $2,000,000.00. The Contractor covenants and agrees to name the Owner as co-insured throughout the Term. The Contractor shall provide the Owner proof of insurance within seven days of executing this Agreement and every year of the Term prior to providing the Services in each year. 2014 -2018 FORM OF AGREEMENT IWeed.docx 7/13 -Apr-2014 not limited to, negligence, breach of contract, tort, equity, law, intentional actions or breach of any statute or by-law except what is caused by the Owner. 11. The Contractor represents, covenants and warrants that at all times it: a. Shall be responsible for the actions and negligence of its employees, subcontractors, shareholders, officers and agents; b. Shall ensure that its actions shall behave in an appropriate manner in keeping with the terms of this Agreement and the Tender/Bid Documents; c. Shall ensure that its actions conform and adhere to all laws, statutes and regulations as applicable; and, d. It and its employees, officers, directors, subcontractors and agents have the skill and expertise to provide the Services and operate the Equipment in a safe and prudent manner. 12. The Contractor releases the Owner (including but not limited all of the Owner's managers, officers, directors, counselors, employees and volunteers) from any and all claims, actions, proceedings and demands of any kind whatsoever and howsoever arising whether in tort, contract, equity, law or by statue for any losses or damages of any kind whatsoever and howsoever arising including, but not limited to, damage to property or person caused or contributed by any third party, condition of the Property, any injury suffered in performance of the Services and/or caused by any other contractor or any person on or near the Properties for any reason. The Contractor acknowledges that the Owner has no responsibility for any actions of the users of the Properties and that the Contractor has accepted the risk that a user of the Property or third party may intentionally or negligently commit an act which directly or indirectly causes damage, harm or loss to the Contractor, Equipment or employee of the Contractor and the Contractor irrevocably and without reservation releases the Owner (including but not limited to its managers, officers, directors, counselors, employees and volunteers) from any liability and all liability. 13. Nothing contained herein shall create or be construed as creating any partnership, agency, joint venture, master/servant or employment between the Owner, its officers, servants or agents and the Contractor or any servant, agent or contractor of the Contractor. The Parties agree that at all times the Contractor is an independent contractor. 14. The Owner shall not be responsible for any infraction of, or non-compliance with any Federal, Provincial, Municipal or other laws relating to the Services and the Contractor shall and does hereby agree to indemnify and save harmless the owner in respect thereto with regard to the Services. The Contractor acknowledges that at all times it will 2014 -2018 FORM OF AGREEMENT IWeed.docx 9/13 -Apr-2014 Agreement. No amendment or waiver of this Agreement shall be binding unless executed in writing by the party to be bound thereby. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided. 20. Any terms in this Agreement which are masculine shall be interpreted as either masculine or feminine and vice versa and words importing persons shall include firms and corporations and vice versa. For convenience, headings have been inserted into this agreement and shall not be used in any manner to interpret this agreement. For the purposes of interpretation, any words in this agreement that are singular shall be interpreted as if they include the plural and any words in this agreement that are plural shall be interpreted as if they include the singular. The Parties agree that the recitals form a part of the agreement. All schedules to this agreement shall form part of the agreement. The words "Party" and "Parties" shall mean the Owner and/or the Contractor as the context permits. 21. Should any provision of this agreement require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. 22. In the event that any provisions contained in this Agreement shall be declared invalid, illegal or unenforceable by a court or other lawful authority of competent jurisdiction, this Agreement shall continue in force with respect to the enforceable provisions and all rights and remedies accrued under the enforceable provisions shall survive any such declaration, and any non-enforceable provision shall to the extent permitted by law be replaced by a provision which, being valid, comes closest to the intention underlying the invalid, illegal and unenforceable provision. 23. Neither this Agreement nor any rights or obligations under this Agreement shall be assignable by any Party without the prior written consent of the other Parties. Subject to that condition, this Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors (including any successor by reason of amalgamation of any Party) and permitted assigns. 2014 ·2018 FORM OF AGREEMENT IWeed.docx 11/13 -Apr-2014 Zone 3: Newman Park Mineral Springs Park Elliott Fairbairn Park Tillsonburg Community Centre Customer Service Centre OPP Station Tillsonburg Fire Hall 2014-2018 FORM OF AGREEMENT IWeed.docx SCHEDULE "A" LIST OF PROPERTIES Zone 5: Island near Parkwood Drive Hydro Station by Tim Hortons Walkway by Nikos Restaurant Lot on North Street Park Office Property Municipal Boulevards by Tillsonburg Mall Islands on Lisgar Ave., Bidwell St., and by Kelseys Woodhaven Subdivision Frontage Front of Clock Tower SCHEDULE "B" T 02-13 Municipal Grass Cutting Tender 13/13 -Apr-2014 FORM OF AGREEMENT MUNICIPAL GRASS CUTTING 2014-2018 NATURE'S CHOICE LAWN CARE & IRRIGATION 2014 ·2018 FORM OF AGREEMENT Natures Choice.docx 1/13 -Apr-2014 c) It will maintain a weekly log that the Services were performed to each of the Properties pursuant to the in the specifications and timing as specified in this Agreement and the Tender/Bid Documents (the "log"). The log shall be signed by the employee of the Contractor performing the work. The Contractor agrees to produce the log to the Owner upon demand at any time and the Owner shall have the right to copy the log; d) All equipment used to perform the Services and all vehicles transporting the equipment to the Properties must be in good mechanical and operating condition, duly licensed and insured (collectively the "Equipment"). The Equipment shall be made available for inspection(s) by the Owner upon demand either before the commencement of the Term or at any time during the Term. The Parties agree that any inspection by the Owner shall not be construed as an endorsement or approval of the mechanical or operating condition of the Equipment, does not constitute an inspection for purposes of any safety under any statute or regulation and does not relieve the Owner and/or operator from liability for such Equipment; e) All operators of the Equipment must be fully trained, qualified and experienced in the operation of any Equipment which they operate. The Owner shall comply with all Statutes, Regulations, Orders in Counsel and guidelines of the Ministry of the Environment, Ministry of Health, Ministry of labour and Ministry of Transportation along with any other applicable departments, ministries and/or crown corporations. f) At all times its employee(s) shall act in a civil, responsible, courteous and conscientious manner. The Contractor acknowledges and agrees, and will inform its employees of such, that there is no right for it or its employees to join any activities, sessions or meetings of the Owner's employees or outside groups. There will be no allowances made for employees to offend or interfere or join in activities being carried on by Town staff or outside groups while the employees of the Contractor are being employed by the Contractor. If there is a complaint about an employee then such complaint(s), if received by the Owner, will be referred to the Contractor. The Contractor further acknowledges and agrees that the Owner reserves the right to request that an employee of the Contractor be removed from performing the Services if the employee violates the terms of Articles A(l)(e), A(l)(f) or they offend or interfere with the activities of any employee(s) of the Owner and the Contractor shall not permit the employee to re-attend at any of the Properties until satisfactory arrangements have been made to ensure that there is not repetition of the offending behavior; g) It shall not leave any Equipment unattended on the Properties, private property or any other property owned or possessed by the Owner at any time unless the Equipment is properly protected to the satisfaction of the Parks and Facilities Manager of his/her designate; 2014-2018 FORM OF AGREEMENT Natures Choice.docx 3/13 -Apr-2014 the Contractor's sole discretion, between the hours of 7:00am and 5:00pm, Monday to Friday, excepting Statutory Holidays. Written approval from the Parks & Facilities Manager is required to perform the Services at any other time in the week. The Contractor shall record in the log the date, time and who performed the Services; d) The Contractor will provide the Owner with the schedule of providing the Services for all the Properties as listed in Schedule "A". If in the case of inclement weather the Contractor shall communicate alternate plans for delivering the Services to the Parks & Facilities Manager or his/her designate; e) The term of this Agreement shall be for four and half years (the "Term"). The Term shall commence on or about May 5, 2014 and end when the Services are no longer required in the fall of 2018. The Parties acknowledge that the Term shall not commence if this Agreement has not been executed and/or the documentation as required by this Agreement, the Tender/Bid Documents, proof of insurances pursuant to Article E of this Agreement and/or such other documentation reasonably requested by the Owner have been supplied to the Owner by the Contractor; f) The Owner shall be the sole decision maker whether drought conditions exist. If the Owner determines that drought conditions exist then the weekly performance of the Services may be modified by the Parks and Facilities Manager or his/her designate. If the weekly performance of the Services is modified then the Contractor agrees that notwithstanding any other term or condition of this Agreement or the Tender/Bid Documents it shall not be remunerated, paid or compensated for weeks that it did not perform the Services; g) The Contractor recognizes that the Services are seasonal in nature and upon notice by the Owner, at the Owner's sole and absolute discretion, it shall cease supplying the Services in the fall of every year of the Term and resume supplying the Services in the spring of the following year of the Term upon notice by the Owner, at the Owner's sole and absolute discretion; h) The Contractor acknowledges that if it provides Services when it was informed by the Owner not to do so for any reason as set out in this Agreement then it shall not be paid, compensated or remunerated for such Services; i) The Contractor may not perform any extra work that are not part of the Services except in accordance with this Article B(2)(i). The Owner shall in writing ask for the extra work and then the Contractor must provide a written quote of the extra work to meet the specifications of the Parks and Facilities Manager or his/her designate. The Contractor agrees that any extra work not approved pursuant to this Article B(2)(i) shall not be paid by the Owner and the Contractor shall not be remunerated or compensated in any fashion, manner or method; 2014 -2018 FORM OF AGREEMENT Natures Choice.docx 5/13 -Apr-2014 ARTICLE D: PAYMENT 6. The Parties agree that: a. The Contractor shall be paid for the Services performed per week (except as specified in this Agreement) for each year of the Term shall be as follows: 2014 $900.00 2015 $900.00 2016 $990.00 2017 $990.00 2018 $1089.00 b. To obtain payment the Contractor shall submit an invoice for the Services on a monthly basis to the Owner (the "Invoice"). The Invoice shall comply with the amounts as specified in Article D(6)(a). The Invoice shall show the amount of the weeks that the Services were provided, the rate per week and H.S.T.; c. Invoices will be accepted for payment only upon substantiation by the Owner being satisfied that the Services were provided pursuant to this Agreement and/or the Tender/Bid Documents. The Parties agree that the Owner has the right to hold back and/or reduce the payment of some or all of the Invoice where the Services are not completed to the satisfaction of the Owner, not completed pursuant to this Agreement or as compensation for damage caused by the Contractor and not remedied by the Contractor pursuant to Article B(1)(j); d. Notwithstanding the provisions contained in Article D(6)(c) if on account of climatic or other conditions reasonably beyond the Contractor's control there are portions of the Services that cannot be completed, the Contractor shall receive payment in full for that part of the Services which were completed but the Owner may withhold a sufficient and reasonable sum for the completion of such unfinished work and adequately protect the Owner against construction liens. ARTICLE E: INSURANCE AND INDEMNITY 7. The Contractor covenants and agrees that it will carry public liability insurance for the transportation, operation and use of the Equipment and performing the Services with limits of no less than $2,000,000.00. The Contractor covenants and agrees to name the Owner as co-insured throughout the Term. The Contractor shall provide the Owner proof of insurance within seven days of executing this Agreement and every year of the Term prior to providing the Services in each year. 8. The Contractor covenants that it is registered pursuant to the Workplace Safety and Insurance Board Act and possesses all required coverages as required by the Act and by 2014-2018 FORM OF AGREEMENT Natures Choice.docx 7/13 -Apr-2014 11. The Contractor represents, covenants and warrants that at all times it: a. Shall be responsible for the actions and negligence of its employees, subcontractors, shareholders, officers and agents; b. Shall ensure that its actions shall behave in an appropriate manner in keeping with the terms of this Agreement and the Tender/Bid Documents; c. Shall ensure that its actions conform and adhere to all laws, statutes and regulations as applicable; and, d. It and its employees, officers, directors, subcontractors and agents have the skill and expertise to provide the Services and operate the Equipment in a safe and prudent manner. 12. The Contractor releases the Owner (including but not limited all of the Owner's managers, officers, directors, counselors, employees and volunteers) from any and all claims, actions, proceedings and demands of any kind whatsoever and howsoever arising whether in tort, contract, equity, law or by statue for any losses or damages of any kind whatsoever and howsoever arising including, but not limited to, damage to property or person caused or contributed by any third party, condition of the Property, any injury suffered in performance of the Services and/or caused by any other contractor or any person on or near the Properties for any reason. The Contractor acknowledges that the Owner has no responsibility for any actions of the users of the Properties and that the Contractor has accepted the risk that a user of the Property or third party may intentionally or negligently commit an act which directly or indirectly causes damage, harm or loss to the Contractor, Equipment or employee of the Contractor and the Contractor irrevocably and without reservation releases the Owner (including but not limited to its managers, officers, directors, counselors, employees and volunteers) from any liability and all liability. 13. Nothing contained herein shall create or be construed as creating any partnership, agency, joint venture, master/servant or employment between the Owner, its officers, servants or agents and the Contractor or any servant, agent or contractor of the Contractor. The Parties agree that at all times the Contractor is an independent contractor. 14. The Owner shall not be responsible for any infraction of, or non-compliance with any Federal, Provincial, Municipal or other laws relating to the Services and the Contractor shall and does hereby agree to indemnify and save harmless the owner in respect thereto with regard to the Services. The Contractor acknowledges that at all times it will comply with all By-laws of the Corporation of the Town of Tillsonburg and that there is 2014-2018 FORM OF AGREEMENT Natures Choice.docx 9/13 -Apr-2014 executed in writing by the party to be bound thereby. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided. 20. Any terms in this Agreement which are masculine shall be interpreted as either masculine or feminine and vice versa and words importing persons shall include firms and corporations and vice versa. For convenience, headings have been inserted into this agreement and shall not be used in any manner to interpret this agreement. For the purposes of interpretation, any words in this agreement that are singular shall be interpreted as if they include the plural and any words in this agreement that are plural shall be interpreted as if they include the singular. The Parties agree that the recitals form a part of the agreement. All schedules to this agreement shall form part of the agreement. The words "Party" and "Parties" shall mean the Owner and/or the Contractor as the context permits. 21. Should any provision of this agreement require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. 22. In the event that any provisions contained in this Agreement shall be declared invalid, illegal or unenforceable by a court or other lawful authority of competent jurisdiction, this Agreement shall continue in force with respect to the enforceable provisions and all rights and remedies accrued under the enforceable provisions shall survive any such declaration, and any non-enforceable provision shall to the extent permitted by law be replaced by a provision which, being valid, comes closest to the intention underlying the invalid, illegal and unenforceable provision. 23. Neither this Agreement nor any rights or obligations under this Agreement shall be assignable by any Party without the prior written consent of the other Parties. Subject to that condition, this Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors (including any successor by reason of amalgamation of any Party) and permitted assigns. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written, signing officers in that behalf. 2014 -2018 FORM OF AGREEMENT Natures Choice.docx 11/13 -Apr-2014 Zone 4: Pine Street Parkette Annandale Diamonds and adjacent lands Participark Westmount Park Tillsonburg Museum Tanager and Bobolink Lot SCHEDULE "A" LIST OF PROPERTIES Woodcock Transformer Station Station Arts Centre land west of building Island near Customer Service Centre Lot North of Kelseys South End (Sears) Parkette Old Vienna Road SCHEDULE 11B" T 02-13 Municipal Grass Cutting Tender 2014 -2018 FORM OF AGREEMENT Natures Choice.docx 13/13 -Apr-2014 FORM OF AGREEMENT MUNICIPAL GRASS CUTTING 2014-2018 PARROT YARD SERVICES 2014 ·2018 FORM OF AGREEMENT Parrot.docx 1/13 -Apr-2014 c) It will maintain a weekly log that the Services were performed to each of the Properties pursuant to the in the specifications and timing as specified in this Agreement and the Tender/Bid Documents (the "Log"). The Log shall be signed by the employee of the Contractor performing the work. The Contractor agrees to produce the Log to the Owner upon demand at any time and the Owner shall have the right to copy the Log; d) All equipment used to perform the Services and all vehicles transporting the equipment to the Properties must be in good mechanical and operating condition, duly licensed and insured (collectively the "Equipment"). The Equipment shall be made available for inspection(s) by the Owner upon demand either before the commencement of the Term or at any time during the Term. The Parties agree that any inspection by the Owner shall not be construed as an endorsement or approval of the mechanical or operating condition of the Equipment, does not constitute an inspection for purposes of any safety under any statute or regulation and does not relieve the Owner and/or operator from liability for such Equipment; e) All operators of the Equipment must be fully trained, qualified and experienced in the operation of any Equipment which they operate. The Owner shall comply with all Statutes, Regulations, Orders in Counsel and guidelines of the Ministry of the Environment, Ministry of Health, Ministry of Labour and Ministry of Transportation along with any other applicable departments, ministries and/or crown corporations. f) At all times its employee(s) shall act in a civil, responsible, courteous and conscientious manner. The Contractor acknowledges and agrees, and will inform its employees of such, that there is no right for it or its employees to join any activities, sessions or meetings of the Owner's employees or outside groups. There will be no allowances made for employees to offend or interfere or join in activities being carried on by Town staff or outside groups while the employees of the Contractor are being employed by the Contractor. If there is a complaint about an employee then such complaint(s), if received by the Owner, will be referred to the Contractor. The Contractor further acknowledges and agrees that the Owner reserves the right to request that an employee of the Contractor be removed from performing the Services if the employee violates the terms of Articles A(l)(e), A(l)(f) or they offend or interfere with the activities of any employee(s) of the Owner and the Contractor shall not permit the employee to re-attend at any of the Properties until satisfactory arrangements have been made to ensure that there is not repetition of the offending behavior; g) It shall not leave any Equipment unattended on the Properties, private property or any other property owned or possessed by the Owner at any time unless the Equipment is properly protected to the satisfaction of the Parks and Facilities Manager of his/her designate; 2014 -2018 FORM OF AGREEMENT Parrot.docx 3/13 -Apr-2014 the Contractor's sole discretion, between the hours of 7:00am and 5:00pm, Monday to Friday, excepting Statutory Holidays. Written approval from the Parks & Facilities Manager is required to perform the Services at any other time in the week. The Contractor shall record in the Log the date, time and who performed the Services; d) The Contractor will provide the Owner with the schedule of providing the Services for all the Properties as listed in Schedule "A". If in the case of inclement weather the Contractor shall communicate alternate plans for delivering the Services to the Parks & Facilities Manager or his/her designate; e) The term of this Agreement shall be for four and half years (the "Term"). The Term shall commence on or about May 5, 2014 and end when the Services are no longer required in the fall of 2018. The Parties acknowledge that the Term shall not commence if this Agreement has not been executed and/or the documentation as required by this Agreement, the Tender/Bid Documents, proof of insurances pursuant to Article E of this Agreement and/or such other documentation reasonably requested by the Owner have been supplied to the Owner by the Contractor; f) The Owner shall be the sole decision maker whether drought conditions exist. If the Owner determines that drought conditions exist then the weekly performance of the Services may be modified by the Parks and Facilities Manager or his/her designate. If the weekly performance of the Services is modified then the Contractor agrees that notwithstanding any other term or condition of this Agreement or the Tender/Bid Documents it shall not be remunerated, paid or compensated for weeks that it did not perform the Services; g) The Contractor recognizes that the Services are seasonal in nature and upon notice by the Owner, at the Owner's sole and absolute discretion, it shall cease supplying the Services in the fall of every year of the Term and resume supplying the Services in the spring of the following year of the Term upon notice by the Owner, at the Owner's sole and absolute discretion; h) The Contractor acknowledges that if it provides Services when it was informed by the Owner not to do so for any reason as set out in this Agreement then it shall not be paid, compensated or remunerated for such Services; i) The Contractor may not perform any extra work that are not part of the Services except in accordance with this Article B(2)(i). The Owner shall in writing ask for the extra work and then the Contractor must provide a written quote of the extra work to meet the specifications of the Parks and Facilities Manager or his/her designate. The Contractor agrees that any extra work not approved pursuant to this Article B(2)(i) shall not be paid by the Owner and the Contractor shall not be remunerated or compensated in any fashion, manner or method; 2014 ~2018 FORM OF AGREEMENT Parrot.docx 5/13 -Apr-2014 ARTICLED: PAYMENT 6. The Parties agree that: a. The Contractor shall be paid for the Services performed per week (except as specified in this Agreement) for each year of the Term shall be as follows: 2014 $510.00 2015 $510.00 2016 $550.00 2017 $550.00 2018 $550.00 b. To obtain payment the Contractor shall submit an invoice for the Services on a monthly basis to the Owner (the "Invoice"). The Invoice shall comply with the amounts as specified in Article D(6)(a). The Invoice shall show the amount of the weeks that the Services were provided, the rate per week and H.S.T.; c. Invoices will be accepted for payment only upon substantiation by the Owner being satisfied that the Services were provided pursuant to this Agreement and/or the Tender/Bid Documents. The Parties agree that the Owner has the right to hold back and/or reduce the payment of some or all of the Invoice where the Services are not completed to the satisfaction of the Owner, not completed pursuant to this Agreement or as compensation for damage caused by the Contractor and not remedied by the Contractor pursuant to Article B(1)(j); d. Notwithstanding the provisions contained in Article D(6)(c) if on account of climatic or other conditions reasonably beyond the Contractor's control there are portions of the ~ervices that cannot be completed, the Contractor shall receive payment in full for that part of the Services which were completed but the Owner may withhold a sufficient and reasonable sum for the completion of such unfinished work and adequately protect the Owner against construction liens. ARTICLE E: INSURANCE AND INDEMNITY 7. The Contractor covenants and agrees that it will carry public liability insurance for the transportation, operation and use of the Equipment and performing the Services with limits of no less than $2,000,000.00. The Contractor covenants and agrees to name the Owner as co-insured throughout the Term. The Contractor shall provide the Owner proof of insurance within seven days of executing this Agreement and every year of the Term prior to providing the Services in each year. 8. The Contractor covenants that it is registered pursuant to the Workplace Safety and Insurance Board Act and possesses all required coverages as required by the Act and by 2014 -2018 FORM OF AGREEMENT Parrot.docx 7/13 -Apr-2014 11. The Contractor represents, covenants and warrants that at all times it: a. Shall be responsible for the actions and negligence of its employees, subcontractors, shareholders, officers and agents; b. Shall ensure that its actions shall behave in an appropriate manner in keeping with the terms of this Agreement and the Tender/Bid Documents; c. Shall ensure that its actions conform and adhere to all laws, statutes and regulations as applicable; and, d. It and its employees, officers, directors, subcontractors and agents have the skill and expertise to provide the Services and operate the Equipment in a safe and prudent manner. 12. The Contractor releases the Owner (including but not limited all of the Owner's managers, officers, directors, counselors, employees and volunteers) from any and all claims, actions, proceedings and demands of any kind whatsoever and howsoever arising whether in tort, contract, equity, law or by statue for any losses or damages of any kind whatsoever and howsoever arising including, but not limited to, damage to property or person caused or contributed by any third party, condition of the Property, any injury suffered in performance of the Services and/or caused by any other contractor or any person on or near the Properties for any reason. The Contractor acknowledges that the Owner has no responsibility for any actions of the users of the Properties and that the Contractor has accepted the risk that a user of the Property or third party may intentionally or negligently commit an act which directly or indirectly causes damage, harm or loss to the Contractor, Equipment or employee of the Contractor and the Contractor irrevocably and without reservation releases the Owner (including but not limited to its managers, officers, directors, counselors, employees and volunteers) from any liability and all liability. 13. Nothing contained herein shall create or be construed as creating any partnership, agency, joint venture, master/servant or employment between the Owner, its officers, servants or agents and the Contractor or any servant, agent or contractor of the Contractor. The Parties agree that at all times the Contractor is an independent contractor. 14. The Owner shall not be responsible for any infraction of, or non-compliance with any Federal, Provincial, Municipal or other laws relating to the Services and the Contractor shall and does hereby agree to indemnify and save harmless the owner in respect thereto with regard to the Services. The Contractor acknowledges that at all times it will comply with all By-laws of the Corporation of the Town of Tillson burg and that there is 2014 ·2018 FORM OF AGREEMENT Parrot.docx 9/13 -Apr-2014 Agreement shall be deemed or shall constitute a waiver of any other provision nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided. 20. Any terms in this Agreement which are masculine shall be interpreted as either masculine or feminine and vice versa and words importing persons shall include firms and corporations and vice versa. For convenience, headings have been inserted into this agreement and shall not be used in any manner to interpret this agreement. For the purposes of interpretation, any words in this agreement that are singular shall be interpreted as if they include the plural and any words in this agreement that are plural shall be interpreted as if they include the singular. The Parties agree that the recitals form a part of the agreement. All schedules to this agreement shall form part of the agreement. The words "Party" and "Parties" shall mean the Owner and/or the Contractor as the context permits. 21. Should any provision of this agreement require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. 22. In the event that any provisions contained in this Agreement shall be declared invalid, illegal or unenforceable by a court or other lawful authority of competent jurisdiction, this Agreement shall continue in force with respect to the enforceable provisions and all rights and remedies accrued under the enforceable provisions shall survive any such declaration, and any non-enforceable provision shall to the extent permitted by law be replaced by a provision which, being valid, comes closest to the intention underlying the invalid, illegal and unenforceable provision. 23. Neither this Agreement nor any rights or obligations under this Agreement shall be assignable by any Party without the prior written consent of the other Parties. Subject to that condition, this Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors (including any successor by reason of amalgamation of any Party) and permitted assigns. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written, signing officers in that behalf. 2014 -2018 FORM OF AGREEMENT Parrot.docx 11/13 -Apr-2014 Zone 2: Coronation Park Gilvesy Park Cadman Park Cranberry Park 2014 -2018 FORM OF AGREEMENT Parrot.docx SCHEDULE 11A11 LIST OF PROPERTIES SCHEDULE 11B11 T 02-13 Municipal Grass Cutting Tender 13/13 -Apr-2014 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3813 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillson burg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to 'SC-17' the zone symbol of the lands so designated 'SC-17' on Schedule "A" attached hereto. 2. That Section 14.5 to By-Law Number 3295, as amended is hereby further amended by adding the following subsection at the end thereof: "14.5.17 LOCATION: EAST SIDE OF VANCE DRIVE, (PART LOT 3, PLAN 1 033) SC-17 (Key Map 9) 14.5.17.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-17 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: 14.5.17.1.1 RESIDENTIAL USES a dwelling unit in a portion of a non-residential building. 14.5.17 .1.2 NON-RESIDENTIAL USES All uses permitted in Table 14.1; 14.5.17.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-17 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 14.5.17.2.1 RESIDENTIAL USES (i) Number of Units Maximum 3 \?' I SCHEDULE "A" TO BY-LAW No. __ _ PART LOT 31 REGISTERED PLAN 1033 PART 11 REFERENCE PLAN 41R-3619 TOWN OF TILlSONBURG NORTH STREET EAST 5 N ·+, s 2.5 0 10 15 20 r-----~--------------------------------~ N78-59-30E ) ) \ Cl D AREA OF ZONE CHANGE TO SC-17 NOTE: ALL DIMENSIONS IN METRES ~A"''rdCount~ ~~~owing stronger. .. together Information Systems ©2014 57.49 N78-59-30E 57.49 THIS IS SCHEDULE "A" TO BYLAW No. I PASSED THE DAY OF ___ I 2014 MAYOR CLERK THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3811 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 14th day of April, 2014 WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSON BURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its special meeting and regular meeting held on April14, 2014, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillson burg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 14th DAY OF APRIL, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 14th DAY OF APRIL, 2014. MAYOR -John Less if TOWN CLERK-Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3806 A BY-LAW to enter into an Agricultural Lease Agreement with Paul Boesterd. WHEREAS The Town of Tillsonburg is desirous of entering into an Agricultural Land Lease with Paul Boesterd., for the purposes of entering into a lease for a the property located on the south side of Hwy 3, east side of Clearview Drive, west side of Rokeby Sideroad and east side of Hwy 19, Town of Tillson burg, and more particularly described in the lease agreement. THEREFORE the Council of the Town of Tillson burg enacts as follows: 1. THAT the Agricultural Lease Agreement attached hereto forms part of this by-law; 2. THAT the Mayor and CAO be hereby authorized to execute the attached Agricultural Land Lease agreement on behalf of the Corporation of the Town of Tillson burg. READ A FIRST AND SECOND TIME THIS 24111 DAY OF March, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 14111 DAY OF April, 2014. Mayor -John Lessif Town Clerk -Donna Wilson THIS AGREEMENT made in quadruplicate this __ day of _____ , 20 I4. BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG hereinafter called the Lessor, ofthe First Part, -and- Paul Boesterd hereinafter called the Lessee, of the Second Part WHEREAS the Lessor is the owner of lands hereinafter described (a) Lands located on the south side ofHwy 3, legally described as Parts I, 2, 3, 4, I3 and part of Part I2 and I5, RP 4IR-8336, consisting of approximately 37 acres of arable land; (b) Lands located on the east side ofClearview Dr, legally described as Part Lot 2-3, Con 5 NTR Middleton, Parts I & 2, 4IR-342I and Parts 5 & 6, 4IR-369I, except Part 2, 41 R-5307, except Part 1,41 R-5366, consisting of approximately I2.45 acres of arable land; (c) Lands located on the west side ofRokeby Sideroad, legally described as Lot I641, Plan 500, MID Con 4 NTR, Pt Lot 10, being part of Parts 1 & 2, Plan 41R-8386 (Oxford Registration #)/3 7R-I 0038, consisting of approximately 27 acres of arable land; and, (d) Lands located on the east side of Highway 19 (Vienna Road), legally described as Part Lots I639, 1638A & I6I3, Plan 500, designated as Part 1 & 2 on OXR39 & Part 4 on OXR44, consisting of approximately 17 acres of arable land. AND WHEREAS the Lessor is desirous of leasing the Lands to the Lessee and the Lessee is desirous to lease the Lands for agricultural purposes subject to the conditions hereinafter set forth in this agreement (the "Lease"). NOW THEREFORE THIS INDENTURE WITNESSETH 1. PAYMENT The Lessee covenants with the Lessor that the Lessee shall pay annual rent for the Lands as set out below to the Lessor by two payments each year during the term of this Lease. The first payment of which shall constitute 50% of annual rental fee and shall be due and payable no later than April 1 of each year that this indenture remains in force and the remaining 50% of the annual rental fee shall be due and payable on November 30 of each year that this Lease remains in force: (a) Annual rent of$21,026.25 based on a rate of$225 per acre (the "Base Rent"). 2. TERM The term of the Lease shall be from April 1, 20I4 to December 31,2016 (the "Lease Term'). The Lease Term can be extended for additional one (1) year terms by the Lessor in its sole and absolute discretion. There is no representation or warranty of the Lessor that it must, shall or will extend the Lease Term. Page 3 6. FARM BUSINESS REGISTRATION NUMBER The Lessee shall be required to provide proof of valid Farm Business Registration Number (OFA, CFFO or proof of exemption) to the Lessor prior to commencement of the Lease Term. 7. QUIET ENJOYMENT OF LANDS IT IS further specifically agreed by and between the Parties hereto that the Lessor covenants with the Lessee for quiet enjoyment ofthe lands leased. Notwithstanding the foregoing, the Lessor shall be permitted to access the Lands for any purpose(s), with the costs of any minor crop damage being borne by the Lessee. 8. ASSIGNMENT The Lessee acknowledges and agrees that it will not assign or sublet the Lands without approval by the Lessor, which may be withheld by the Lessor at its sole and absolute discretion. The Lessee further covenants that it will not conduct any business, trade, enterprise or objects on the Lands other than to use the Lands for its own agricultural purposes pursuant to the terms and conditions contained in this Lease. 9. INSURANCE The Lessee acknowledges and agrees to provide to the Lessor proof of liability insurance in an amount not less than $2,000,000. The Lessee's insurance shall name the Lessor as an additional insured. 10. INDEMNIFICATION The Lessee covenants to keep the Lessor indemnified and save harmless the Lessor at all times against any and all claims, suits, proceedings, actions and demands (including but not limited to all legal costs) whatsoever and howsoever arising by any person, entity or corporation whether in respect of damage, loss or death to person or property, arising out of or occasioned by the maintenance, use or occupancy of the Lands or the subletting or assignment of same or any part thereof. And the Lessee further covenants to indemnifY the Lessor with respect to any encumbrance on or damage to the Lands occasioned by or arising from the act, default, or negligence of the Lessee, its officers, agents, servants, employees, contractors, customers, invitees or licensees. The Lessee agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisions of the Lease to the contrary. 11. MAINTENANCE The Lessee covenants to maintain all of the Lands pursuant to this Lease in good condition at all times during the Lease Term, any extension of the Lease Term and any overholding periods (if any). The Lessee further covenants to keep the Lands free from refuse and shall not store any refuse, garbage, motor vehicles or any items on the Lands that may be considered by the Lessor to be noxious, hazardous or refuse. 12. IMPROVEMENTS TO LANDS The Lessee agrees that all improvements to the Lands for the purposes of increasing agriculture production are at the Lessee's sole cost and subject to the approval of the Lessor in the Lessor's sole and absolute discretion. Notwithstanding the foregoing, the Lessor may consider entering into a second agreement for proposals that significantly expand the area available for agricultural production at the Lessor's sole discretion. 13. BANKRUPTCY The Lessee acknowledges and agrees that if during the Lease Term any of the goods or chattels of the Lessee shall at any time during the said term be seized or taken in execution or in attachment by any creditor of the Lessee, or if the Lessee shall make any assignment for the benefit of creditors, or becoming bankrupt or insolvent debtors, the then current and next ensuing balance of Base Rent shall immediately become due and payable and the said term shall, at the option of the Lessor, immediately become forfeited and determined and in such case, the Lessor may re-enter and take possession of the said lands as though the said lands was holding over after the expiration ofthe said term. Page 5 If, when an Act of Default has occurred, the Lessor chooses to waive his right to exercise the remedies available to him under this Lease or at law the waiver shall not constitute condonation of the Act of Default, nor shall the waiver be pleaded as an estoppel against the Lessor to prevent his exercising his remedies with respect to a subsequent Act of Default. No covenant, term, or condition of this Lease shall be deemed to have been waived by the Lessor unless the waiver is in writing and signed by the Lessor. 17. NOTICE Notice to either party shall be given at the following addresses: If to the Lessor: Development Commissioner The Corporation of the Town ofTillsonburg 200 Broadway, Suite 204 Tillsonburg, ON N4G SA 7 Fax: 519-842-9431 If to the Lessee: Paul Boesterd: 243930 Airport Rd RR7, Tillsonburg, ON N4G 4Hl F:(519) The Lessee shall not at any time register notice of or a copy of this Lease on title to the Lands or any part thereof without consent of the Lessor. 16. MISCELLANEOUS The words importing the singular number only shall include the plural, and vice versa, and words importing the masculine gender shall include the feminine gender, and words importing persons shall include firms and corporations and vice versa. This Lease, including any Schedule attached, shall constitute the entire agreement between the Lessor and Lessee. There is no representation, warranty, collateral agreement or condition which affects this agreement other than expressed herein. In the event that any clause herein should be unenforceable or be declared invalid for any reason whatsoever, such enforce ability or invalidity shall not affect the enforce ability or validity of the remaining portions of the covenants and such unenforceable or invalid portions shall be severable from the remainder of this Lease. This Lease shall be construed and enforced in accordance with the laws of the Province of Ontario. Any proceeding shall be brought at the City of Woodstock in the County of Oxford. The Lessee hereby agrees that they have had an opportunity to review the terms of this Lease and seek independent legal advice. Should any provision of this Lease require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. This Lease constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the Parties in connection with the subject matter hereof, except as specifically set forth herein. No supplement, modification, waiver or termination of this Lease shall be binding unless executed in writing by the Parties. The Lessee shall not call on or demand the Lessor to perform any repairs or renovations prior to or after it obtains possession. Page 7 APPENDIX A -SUBJECT PROPERTIES 3001 HWY 3 (37 ACRES OF FARMABLE LAND) line Located on the southwest corner of Hwy 3 and Clearview Dr intersection Page 9 ROKEBY RD (27 ACRES OF FARMABLE LAND) VIENNA RD (17 ACRES OF FARMABLE LAND) 1;40110 IICALII 1----WA'IR.(111111) 1----~Y(DD) THE CORPORATION OF THE TOWN OF TILLSONBURG BY -LAW NO. 3808 A BY -LAW to establish a service fee for payment card processing services with respect to utility bill payments. WHEREAS the Council of the Corporation of the Town ofTillsonburg is desirous of establishing a service fee for payment card processing services with respect to utility payments to Tillsonburg Hydro Inc. THEREFORE the Council of the Corporation Town ofTillsonburg enacts as follows: I. Where a payment card, specifically Visa, MasterCard, American Express or any other payment card authorized for acceptance, is used to pay for utility bills pertaining to Tillsonburg Hydro Inc., the payment card processing service fee be authorized to be charged in addition to the originating charge. Read a First and Second Time this 14th day of April, 2014. Read a Third and Final Time and passed this 14th day of April, 2014. Mayor-John Lessif Clerk-Donna Wilson THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3809 A BY -LAW to appoint a Deputy Clerk for the Town ofTillsonburg. WHEREAS the Municipal Act, 2001, S.O. 2001, Chapter 25 allows for the appointment of officers ofthe Municipality; AND WHEREAS the Council of the Corporation of the Town ofTillsonburg deems it is necessary and expedient to appoint a Deputy Clerk for the Corporation of the Town of Tillson burg; THEREFORE the Council of the Town ofTillsonburg enacts as follows: I. THAT Jeffrey Bunn be hereby appointed as Deputy Clerk. 2. THAT this By-Law is passed pursuant to the Municipal Act, 2001 S.O. 2001, Chapter 25. 3. AND THAT this by-law comes into force and effect upon passing. Read a First and Second Time this 14th day of April, 2014. Read a Third and Final Time and passed this 14th day of April, 2014. Mayor-John Lessif Clerk-Donna Wilson FORM OF AGREEMENT GARDEN BED MAINTENANCE 2014-2018 NATURE'S CHOICE LAWN CARE & IRRIGATION 2014 -2018 FORM OF AGREEMENT (Gardens) Natures Choice.docx 1/12 -Apr-2014 c) It will maintain a weekly log that the Services were performed to each of the Properties pursuant to the in the specifications and timing as specified in this Agreement and the Tender/Bid Documents (the 11log"). The log shall be signed by the employee of the Contractor performing the work. The Contractor agrees to produce the log to the Owner upon demand at any time and the Owner shall have the right to copy the log; d) All equipment used to perform the Services and all vehicles transporting the equipment to the Properties must be in good mechanical and operating condition, duly licensed and insured (collectively the 11Equipment"). The Equipment shall be made available for inspection(s) by the Owner upon demand either before the commencement of the Term or at any time during the Term. The Parties agree that any inspection by the Owner shall not be construed as an endorsement or approval of the mechanical or operating condition of the Equipment, does not constitute an inspection for purposes of any safety under any statute or regulation and does not relieve the Owner and/or operator from liability for such Equipment; e) All operators of the Equipment must be fully trained, qualified and experienced in the operation of any Equipment which they operate. The Owner shall comply with all Statutes, Regulations, Orders in Counsel and guidelines of the Ministry of the Environment, Ministry of Health, Ministry of labour and Ministry of Transportation along with any other applicable departments, ministries and/or crown corporations. f) At all times its employee(s) shall act in a civil, responsible, courteous and conscientious manner. The Contractor acknowledges and agrees, and will inform its employees of such, that there is no right for it or its employees to join any activities, sessions or meetings of the Owner's employees or outside groups. There will be no allowances made for employees to offend or interfere or join in activities being carried on by Town staff or outside groups while the employees of the Contractor are being employed by the Contractor. If there is a complaint about an employee then such complaint(s), if received by the Owner, will be referred to the Contractor. The Contractor further acknowledges and agrees that the Owner reserves the right to request that an employee of the Contractor be removed from performing the Services if the employee violates the terms of Articles A(l)(e), A(l)(f) or they offend or interfere with the activities of any employee(s) of the Owner and the Contractor shall not permit the employee to re-attend at any of the Properties until satisfactory arrangements have been made to ensure that there is not repetition of the offending behavior; g) It shall not leave any Equipment unattended on the Properties, private property or any other property owned or possessed by the Owner at any time unless the Equipment is properly protected to the satisfaction of the Parks and Facilities Manager of his/her designate; 2014 -2018 FORM OF AGREEMENT (Gardens) Natures Choice.docx 3/12 -Apr-2014 required by this Agreement, the Tender/Bid Documents, proof of insurances pursuant to Article E of this Agreement and/or such other documentation reasonably requested by the Owner have been supplied to the Owner by the Contractor; f) The Owner shall be the sole decision maker whether conditions requiring service exist. If the Owner determines that appropriate conditions exist then the frequency of performance of the Services may be modified by the Parks and Facilities Manager or his/her designate. If the performance of the Services is modified then the Contractor agrees that notwithstanding any other term or condition of this Agreement or the Tender/Bid Documents it shall not be remunerated, paid or compensated for weeks that it did not perform the Services; g) The Contractor recognizes that the Services are seasonal in nature and upon notice by the Owner, at the Owner's sole and absolute discretion, it shall cease supplying the Services in the fall of every year of the Term and resume supplying the Services in the spring of the following year of the Term upon notice by the Owner, at the Owner's sole and absolute discretion; h) The Contractor acknowledges that if it provides Services when it was informed by the Owner not to do so for any reason as set out in this Agreement then it shall not be paid, compensated or remunerated for such Services; i) The Contractor may not perform any extra work that are not part of the Services except in accordance with this Article B(2)(i). The Owner shall in writing ask for the extra work and then the Contractor must provide a written quote of the extra work to meet the specifications of the Parks and Facilities Manager or his/her designate. The Contractor agrees that any extra work not approved pursuant to this Article B(2)(i) shall not be paid by the Owner and the Contractor shall not be remunerated or compensated in any fashion, manner or method; ARTICLE C: TERMINATION 3. The Parties agree that the Owner has the right to terminate this Agreement upon the following: a) any material misrepresentation contained in the Bid by the Contractor; b) any violation, breach or non-performance of any term, condition, warranty, covenant or representation of this Agreement and/or the Tender/Bid Documents and such violation, breach or non-performance has not been remedied by the Contractor upon 15 days' notice by the Owner (the "Notice"); or, 2014 -2018 FORM OF AGREEMENT (Gardens) Natures Choice.docx 5/12 -Apr-2014 pursuant to this Agreement or as compensation for damage caused by the Contractor and not remedied by the Contractor pursuant to Article B(l)(j); d. Notwithstanding the provisions contained in Article D(6)(c) if on account of climatic or other conditions reasonably beyond the Contractor's control there are portions of the Services that cannot be completed, the Contractor shall receive payment in full for that part of the Services which were completed but the Owner may withhold a sufficient and reasonable sum for the completion of such unfinished work and adequately protect the Owner against construction liens. ARTICLE E: INSURANCE AND INDEMNITY 7. The Contractor covenants and agrees that it will carry public liability insurance for the transportation, operation and use of the Equipment and performing the Services with limits of no less than $2,000,000.00. The Contractor covenants and agrees to name the Owner as co-insured throughout the Term. The Contractor shall provide the Owner proof of insurance within seven days of executing this Agreement and every year of the Term prior to providing the Services in each year. 8. The Contractor covenants that it is registered pursuant to the Workplace Safety and Insurance Board Act and possesses all required coverages as required by the Act and by the Workplace Safety and Insurance Board. The Contractor shall provide the Owner the proof of insurance with the Owner and a clearance certificate within seven days of executing this Agreement and every year of the Term prior to providing the Services in each year. 9. The Contractor acknowledges and agrees that it is performing the Services entirely at its own risk and the Contractor assumes all responsibility for the condition of its Equipment, the skill of its employees and condition of the Properties. The Contractor acknowledges and agrees: a. that it must perform its own inspection of the Properties to ensure the Properties are free of hazards, material and debris of any kind that may cause damage to the property of the Contractor or injury to the employees of the Contractor; b. that the Owner provides no warranty, covenant or representation as to the condition of the Properties; c. that the Owner is not responsible to remove any debris, material or hazards from the Properties prior to the Contractor performing the Services; d. the Properties, grass, weeds, gardens, trees and buildings are all in an "as is" condition for the Contractor to perform the Services; and, 2014-2018 FORM OF AGREEMENT (Gardens) Natures Choice.docx 7/12 -Apr-2014 contractor or any person on or near the Properties for any reason. The Contractor acknowledges that the Owner has no responsibility for any actions of the users of the Properties and that the Contractor has accepted the risk that a user of the Property or third party may intentionally or negligently commit an act which directly or indirectly causes damage, harm or loss to the Contractor, Equipment or employee of the Contractor and the Contractor irrevocably and without reservation releases the Owner (including but not limited to its managers, officers, directors, counselors, employees and volunteers) from any liability and all liability. 13. Nothing contained herein shall create or be construed as creating any partnership, agency, joint venture, master/servant or employment between the Owner, its officers, servants or agents and the Contractor or any servant, agent or contractor of the Contractor. The Parties agree that at all times the Contractor is an independent contractor. 14. The Owner shall not be responsible for any infraction of, or non-compliance with any Federal, Provincial, Municipal or other laws relating to the Services and the Contractor shall and does hereby agree to indemnify and save harmless the owner in respect thereto with regard to the Services. The Contractor acknowledges that at all times it will comply with all By-laws of the Corporation of the Town of Tillson burg and that there is no express or implied exemption(s) of any by-law(s) of the Corporation of the Town of Tillson burg. ARTICLE F: MISCELLANEOUS 15. Time shall be deemed to be the essence of this Agreement. 16. The general conditions, special conditions, specifications, the RFQ, any Addenda and information contained in the Tender/Bid Documents are all to be read and form part of this Agreement along with all Schedules attached and constitute the entire contract between the Parties. 17. In case of any inconsistency or conflict between the provisions of this Agreement and the Tender/Bid Documents then the order of which document is paramount shall be as follows: a. this Agreement b. all documents that form the Tender c. the Bid; 18. All communications in writing between the Parties shall be deemed to have been received by the addressee if delivered to the individual or to a member of the firm or to an officer of the Corporation for whom they are intended or if sent by post or by telegram addressed as follows: 2014-2018 FORM OF AGREEMENT (Gardens) Natures Choice.docx 9/12 -Apr-2014 22. In the event that any provisions contained in this Agreement shall be declared invalid, illegal or unenforceable by a court or other lawful authority of competent jurisdiction, this Agreement shall continue in force with respect to the enforceable provisions and all rights and remedies accrued under the enforceable provisions shall survive any such declaration, and any non-enforceable provision shall to the extent permitted by law be replaced by a provision which, being valid, comes closest to the intention underlying the invalid, illegal and unenforceable provision. 23. Neither this Agreement nor any rights or obligations under this Agreement shall be assignable by any Party without the prior written consent of the other Parties. Subject to that condition, this Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors (including any successor by reason of amalgamation of any Party) and permitted assigns. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written, signing officers in that behalf. 2014-2018 FORM OF AGREEMENT (Gardens) Natures Choice.docx 11/12 CONTRACTOR Per: Rob Thornton, President I have authority to bind the Corporation. The Corporation of the Town of Tillson burg Per: John Lessif, Mayor and Donna Wilson, Clerk We have authority to bind the Corporation. -Apr-2014 FORM OF AGREEMENT MUNICIPAL GRASS CUTTING 2014-2018 D & D COMMERCIAL PROPERTY MAINTENANCE LTD. 2014 -2018 FORM OF AGREEMENT DandD.docx 1/13 -Apr-2014 c) It will maintain a weekly log that the Services were performed to each of the Properties pursuant to the in the specifications and timing as specified in this Agreement and the Tender/Bid Documents (the "Log"). The Log shall be signed by the employee of the Contractor performing the work. The Contractor agrees to produce the Log to the Owner upon demand at any time and the Owner shall have the right to copy the Log; d) All equipment used to perform the Services and all vehicles transporting the equipment to the Properties must be in good mechanical and operating condition, duly licensed and insured (collectively the "Equipment"). The Equipment shall be made available for inspection(s) by the Owner upon demand either before the commencement of the Term or at any time during the Term. The Parties agree that any inspection by the Owner shall not be construed as an endorsement or approval of the mechanical or operating condition of the Equipment, does not constitute an inspection for purposes of any safety under any statute or regulation and does not relieve the Owner and/or operator from liability for such Equipment; e) All operators of the Equipment must be fully trained, qualified and experienced in the operation of any Equipment which they operate. The Owner shall comply with all Statutes, Regulations, Orders in Counsel and guidelines of the Ministry of the Environment, Ministry of Health, Ministry of Labour and Ministry of Transportation along with any other applicable departments, ministries and/or crown corporations. f) At all times its employee(s) shall act in a civil, responsible, courteous and conscientious manner. The Contractor acknowledges and agrees, and will inform its employees of such, that there is no right for it or its employees to join any activities, sessions or meetings of the Owner's employees or outside groups. There will be no allowances made for employees to offend or interfere or join in activities being carried on by Town staff or outside groups while the employees of the Contractor are being employed by the Contractor. If there is a complaint about an employee then such complaint(s), if received by the Owner, will be referred to the Contractor. The Contractor further acknowledges and agrees that the Owner reserves the right to request that an employee of the Contractor be removed from performing the Services if the employee violates the terms of Articles A(l)(e), A(l)(f) or they offend or interfere with the activities of any employee(s) of the Owner and the Contractor shall not permit the employee tore-attend at any of the Properties until satisfactory arrangements have been made to ensure that there is not repetition of the offending behavior; g) It shall not leave any Equipment unattended on the Properties, private property or any other property owned or possessed by the Owner at any time unless the Equipment is properly protected to the satisfaction of the Parks and Facilities Manager of his/her designate; 2014 -2018 FORM OF AGREEMENT DandD.docx 3/13 -Apr-2014 the Contractor's sole discretion, between the hours of 7:00am and 5:00pm, Monday to Friday, excepting Statutory Holidays. Written approval from the Parks & Facilities Manager is required to perform the Services at any other time in the week. The Contractor shall record in the log the date, time and who performed the Services; d) The Contractor will provide the Owner with the schedule of providing the Services for all the Properties as listed in Schedule "A". If in the case of inclement weather the Contractor shall communicate alternate plans for delivering the Services to the Parks & Facilities Manager or his/her designate; e) The term of this Agreement shall be for four and half years (the "Term"). The Term shall commence on or about May 5, 2014 and end when the Services are no longer required in the fall of 2018. The Parties acknowledge that the Term shall not commence if this Agreement has not been executed and/or the documentation as required by this Agreement, the Tender/Bid Documents, proof of insurances pursuant to Article E of this Agreement and/or such other documentation reasonably requested by the Owner have been supplied to the Owner by the Contractor; f) The Owner shall be the sole decision maker whether drought conditions exist. If the Owner determines that drought conditions exist then the weekly performance of the Services may be modified by the Parks and Facilities Manager or his/her designate. If the weekly performance of the Services is modified then the Contractor agrees that notwithstanding any other term or condition of this Agreement or the Tender/Bid Documents it shall not be remunerated, paid or compensated for weeks that it did not perform the Services; g) The Contractor recognizes that the Services are seasonal in nature and upon notice by the Owner, at the Owner's sole and absolute discretion, it shall cease supplying the Services in the fall of every year of the Term and resume supplying the Services in the spring of the following year of the Term upon notice by the Owner, at the Owner's sole and absolute discretion; h) The Contractor acknowledges that if it provides Services when it was informed by the Owner not to do so for any reason as set out in this Agreement then it shall not be paid, compensated or remunerated for such Services; i) The Contractor may not perform any extra work that are not part of the Services except in accordance with this Article B(2)(i). The Owner shall in writing ask for the extra work and then the Contractor must provide a written quote of the extra work to meet the specifications of the Parks and Facilities Manager or his/her designate. The Contractor agrees that any extra work not approved pursuant to this Article B(2)(i) shall not be paid by the Owner and the Contractor shall not be remunerated or compensated in any fashion, manner or method; 2014-2018 FORM OF AGREEMENT DandD.docx 5/13 -Apr-2014 ARTICLE D: PAYMENT 6. The Parties agree that: a. The Contractor shall be paid for the Services performed per week (except as specified in this Agreement) for each year of the Term shall be as follows: 2014 $585.00 2015 $585.00 2016 $585.00 2017 $585.00 2018 $585.00 b. To obtain payment the Contractor shall submit an invoice for the Services on a monthly basis to the Owner (the "Invoice"). The Invoice shall comply with the amounts as specified in Article D(6)(a). The Invoice shall show the amount of the weeks that the Services were provided, the rate per week and H.S.T.; c. Invoices will be accepted for payment only upon substantiation by the Owner being satisfied that the Services were provided pursuant to this Agreement and/or the Tender/Bid Documents. The Parties agree that the Owner has the right to hold back and/or reduce the payment of some or all of the Invoice where the Services are not completed to the satisfaction of the Owner, not completed pursuant to this Agreement or as compensation for damage caused by the Contractor and not remedied by the Contractor pursuant to Article B(1)(j); d. Notwithstanding the provisions contained in Article D(6)(c) if on account of climatic or other conditions reasonably beyond the Contractor's control there are portions of the Services that cannot be completed, the Contractor shall receive payment in full for that part of the Services which were completed but the Owner may withhold a sufficient and reasonable sum for the completion of such unfinished work and adequately protect the Owner against construction liens. ARTICLE E: INSURANCE AND INDEMNITY 7. The Contractor covenants and agrees that it will carry public liability insurance for the transportation, operation and use of the Equipment and performing the Services with limits of no less than $2,000,000.00. The Contractor covenants and agrees to name the Owner as co-insured throughout the Term. The Contractor shall provide the Owner proof of insurance within seven days of executing this Agreement and every year of the Term prior to providing the Services in each year. 8. The Contractor covenants that it is registered pursuant to the Workplace Safety and Insurance Board Act and possesses all required coverages as required by the Act and by 2014 -2018 FORM OF AGREEMENT DandD.docx 7/13 -Apr-2014 11. The Contractor represents, covenants and warrants that at all times it: a. Shall be responsible for the actions and negligence of its employees, subcontractors, shareholders, officers and agents; b. Shall ensure that its actions shall behave in an appropriate manner in keeping with the terms of this Agreement and the Tender/Bid Documents; c. Shall ensure that its actions conform and adhere to all laws, statutes and regulations as applicable; and, d. It and its employees, officers, directors, subcontractors and agents have the skill and expertise to provide the Services and operate the Equipment in a safe and prudent manner. 12. The Contractor releases the Owner (including but not limited all of the Owner's managers, officers, directors, counselors, employees and volunteers) from any and all claims, actions, proceedings and demands of any kind whatsoever and howsoever arising whether in tort, contract, equity, law or by statue for any losses or damages of any kind whatsoever and howsoever arising including, but not limited to, damage to property or person caused or contributed by any third party, condition of the Property, any injury suffered in performance of the Services and/or caused by any other contractor or any person on or near the Properties for any reason. The Contractor acknowledges that the Owner has no responsibility for any actions of the users of the Properties and that the Contractor has accepted the risk that a user of the Property or third party may intentionally or negligently commit an act which directly or indirectly causes damage, harm or loss to the Contractor, Equipment or employee of the Contractor and the Contractor irrevocably and without reservation releases the Owner (including but not limited to its managers, officers, directors, counselors, employees and volunteers) from any liability and all liability. 13. Nothing contained herein shall create or be construed as creating any partnership, agency, joint venture, master/servant or employment between the Owner, its officers, servants or agents and the Contractor or any servant, agent or contractor of the Contractor. The Parties agree that at all times the Contractor is an independent contractor. 14. The Owner shall not be responsible for any infraction of, or non-compliance with any Federal, Provincial, Municipal or other laws relating to the Services and the Contractor shall and does hereby agree to indemnify and save harmless the owner in respect thereto with regard to the Services. The Contractor acknowledges that at all times it will comply with all By-laws of the Corporation of the Town of Tillson burg and that there is 2014 -2018 FORM OF AGREEMENT DandD.docx 9/13 -Apr-2014 Agreement shall be deemed or shall constitute a waiver of any other provision nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided. 20. Any terms in this Agreement which are masculine shall be interpreted as either masculine or feminine and vice versa and words importing persons shall include firms and corporations and vice versa. For convenience, headings have been inserted into this agreement and shall not be used in any manner to interpret this agreement. For the purposes of interpretation, any words in this agreement that are singular shall be interpreted as if they include the plural and any words in this agreement that are plural shall be interpreted as if they include the singular. The Parties agree that the recitals form a part of the agreement. All schedules to this agreement shall form part of the agreement. The words "Party" and "Parties" shall mean the Owner and/or the Contractor as the context permits. 21. Should any provision of this agreement require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. 22. In the event that any provisions contained in this Agreement shall be declared invalid, illegal or unenforceable by a court or other lawful authority of competent jurisdiction, this Agreement shall continue in force with respect to the enforceable provisions and all rights and remedies accrued under the enforceable provisions shall survive any such declaration, and any non-enforceable provision shall to the extent permitted by law be replaced by a provision which, being valid, comes closest to the intention underlying the invalid, illegal and unenforceable provision. 23. Neither this Agreement nor any rights or obligations under this Agreement shall be assignable by any Party without the prior written consent of the other Parties. Subject to that condition, this Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors (including any successor by reason of amalgamation of any Party) and permitted assigns. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written, signing officers in that behalf. 2014 -2018 FORM OF AGREEMENT DandD.docx 11/13 -Apr-2014 Zone 1: Southridge Park Glendale Park Trottier Park Memorial Park 2014 -2018 FORM OF AGREEMENT DandD.dooc SCHEDULE "A" LIST OF PROPERTIES SCHEDULE "B" T 02-13 Municipal Grass Cutting Tender 13/13 -Apr-2014 FORM OF AGREEMENT MUNICIPAL GRASS CUTTING 2014-2018 IWEED IN CORPORA TED 2014 -2018 FORM OF AGREEMENT IWeed.docx 1/13 -Apr-2014 c) It will maintain a weekly log that the Services were performed to each of the Properties pursuant to the in the specifications and timing as specified in this Agreement and the Tender/Bid Documents (the "Log"). The Log shall be signed by the employee of the Contractor performing the work. The Contractor agrees to produce the Log to the Owner upon demand at any time and the Owner shall have the right to copy the Log; d) All equipment used to perform the Services and all vehicles transporting the equipment to the Properties must be in good mechanical and operating condition, duly licensed and insured (collectively the "Equipment"). The Equipment shall be made available for inspection(s) by the Owner upon demand either before the commencement of the Term or at any time during the Term. The Parties agree that any inspection by the Owner shall not be construed as an endorsement or approval of the mechanical or operating condition of the Equipment, does not constitute an inspection for purposes of any safety under any statute or regulation and does not relieve the Owner and/or operator from liability for such Equipment; e) All operators of the Equipment must be fully trained, qualified and experienced in the operation of any Equipment which they operate. The Owner shall comply with all Statutes, Regulations, Orders in Counsel and guidelines of the Ministry of the Environment, Ministry of Health, Ministry of Labour and Ministry of Transportation along with any other applicable departments, ministries and/or crown corporations. f) At all times its employee(s) shall act in a civil, responsible, courteous and conscientious manner. The Contractor acknowledges and agrees, and will inform its employees of such, that there is no right for it or its employees to join any activities, sessions or meetings of the Owner's employees or outside groups. There will be no allowances made for employees to offend or interfere or join in activities being carried on by Town staff or outside groups while the employees of the Contractor are being employed by the Contractor. If there is a complaint about an employee then such complaint(s), if received by the Owner, will be referred to the Contractor. The Contractor further acknowledges and agrees that the Owner reserves the right to request that an employee of the Contractor be removed from performing the Services if the employee violates the terms of Articles A(l)(e), A(l)(f) or they offend or interfere with the activities of any employee(s) of the Owner and the Contractor shall not permit the employee to re-attend at any of the Properties until satisfactory arrangements have been made to ensure that there is not repetition of the offending behavior; g) It shall not leave any Equipment unattended on the Properties, private property or any other property owned or possessed by the Owner at any time unless the Equipment is properly protected to the satisfaction of the Parks and Facilities Manager of his/her designate; 2014 -2018 FORM OF AGREEMENT IWeed.docx 3/13 -Apr-2014 the Contractor's sole discretion, between the hours of 7:00am and 5:00pm, Monday to Friday, excepting Statutory Holidays. Written approval from the Parks & Facilities Manager is required to perform the Services at any other time in the week. The Contractor shall record in the log the date, time and who performed the Services; d) The Contractor will provide the Owner with the schedule of providing the Services for all the Properties as listed in Schedule "A". If in the case of inclement weather the Contractor shall communicate alternate plans for delivering the Services to the Parks & Facilities Manager or his/her designate; e) The term of this Agreement shall be for four and half years (the "Term"). The Term shall commence on or about May 5, 2014 and end when the Services are no longer required in the fall of 2018. The Parties acknowledge that the Term shall not commence if this Agreement has not been executed and/or the documentation as required by this Agreement, the Tender/Bid Documents, proof of insurances pursuant to Article E of this Agreement and/or such other documentation reasonably requested by the Owner have been supplied to the Owner by the Contractor; f) The Owner shall be the sole decision maker whether drought conditions exist. If the Owner determines that drought conditions exist then the weekly performance of the Services may be modified by the Parks and Facilities Manager or his/her designate. If the weekly performance of the Services is modified then the Contractor agrees that notwithstanding any other term or condition of this Agreement or the Tender/Bid Documents it shall not be remunerated, paid or compensated for weeks that it did not perform the Services; g) The Contractor recognizes that the Services are seasonal in nature and upon notice by the Owner, at the Owner's sole and absolute discretion, it shall cease supplying the Services in the fall of every year of the Term and resume supplying the Services in the spring of the following year of the Term upon notice by the Owner, at the Owner's sole and absolute discretion; h) The Contractor acknowledges that if it provides Services when it was informed by the Owner not to do so for any reason as set out in this Agreement then it shall not be paid, compensated or remunerated for such Services; i) The Contractor may not perform any extra work that are not part of the Services except in accordance with this Article B(2)(i). The Owner shall in writing ask for the extra work and then the Contractor must provide a written quote of the extra work to meet the specifications of the Parks and Facilities Manager or his/her designate. The Contractor agrees that any extra work not approved pursuant to this Article B(2)(i) shall not be paid by the Owner and the Contractor shall not be remunerated or compensated in any fashion, manner or method; 2014-2018 FORM OF AGREEMENT IWeed.docx 5/13 -Apr-2014 ARTICLE D: PAYMENT 6. The Parties agree that: a. The Contractor shall be paid for the Services performed per week (except as specified in this Agreement) for each year of the Term shall be as follows: ZONE 3 ZONE 5 2014 $269.00 $336.00 2015 $269.00 $336.00 2016 $276.50 $346.50 2017 $276.50 $346.50 2018 $283.00 $346.00 b. To obtain payment the Contractor shall submit an invoice for the Services on a monthly basis to the Owner (the "Invoice"). The Invoice shall comply with the amounts as specified in Article D(6)(a). The Invoice shall show the amount of the weeks that the Services were provided, the rate per week and H.S.T.; c. Invoices will be accepted for payment only upon substantiation by the Owner being satisfied that the Services were provided pursuant to this Agreement and/or the Tender/Bid Documents. The Parties agree that the Owner has the right to hold back and/or reduce the payment of some or all of the Invoice where the Services are not completed to the satisfaction of the Owner, not completed pursuant to this Agreement or as compensation for damage caused by the Contractor and not remedied by the Contractor pursuant to Article B(1)(j); d. Notwithstanding the provisions contained in Article D(6)(c) if on account of climatic or other conditions reasonably beyond the Contractor's control there are portions of the Services that cannot be completed, the Contractor shall receive payment in full for that part of the Services which were completed but the Owner may withhold a sufficient and reasonable sum for the completion of such unfinished work and adequately protect the Owner against construction liens. ARTICLE E: INSURANCE AND INDEMNITY 7. The Contractor covenants and agrees that it will carry public liability insurance for the transportation, operation and use of the Equipment and performing the Services with limits of no less than $2,000,000.00. The Contractor covenants and agrees to name the Owner as co-insured throughout the Term. The Contractor shall provide the Owner proof of insurance within seven days of executing this Agreement and every year of the Term prior to providing the Services in each year. 2014-2018 FORM OF AGREEMENT IWeed.docx 7/13 -Apr-2014 not limited to, negligence, breach of contract, tort, equity, law, intentional actions or breach of any statute or by-law except what is caused by the Owner. 11. The Contractor represents, covenants and warrants that at all times it: a. Shall be responsible for the actions and negligence of its employees, subcontractors, shareholders, officers and agents; b. Shall ensure that its actions shall behave in an appropriate manner in keeping with the terms of this Agreement and the Tender/Bid Documents; c. Shall ensure that its actions conform and adhere to all laws, statutes and regulations as applicable; and, d. It and its employees, officers, directors, subcontractors and agents have the skill and expertise to provide the Services and operate the Equipment in a safe and prudent manner. 12. The Contractor releases the Owner (including but not limited all of the Owner's managers, officers, directors, counselors, employees and volunteers) from any and all claims, actions, proceedings and demands of any kind whatsoever and howsoever arising whether in tort, contract, equity, law or by statue for any losses or damages of any kind whatsoever and howsoever arising including, but not limited to, damage to property or person caused or contributed by any third party, condition of the Property, any injury suffered in performance of the Services and/or caused by any other contractor or any person on or near the Properties for any reason. The Contractor acknowledges that the Owner has no responsibility for any actions of the users of the Properties and that the Contractor has accepted the risk that a user of the Property or third party may intentionally or negligently commit an act which directly or indirectly causes damage, harm or loss to the Contractor, Equipment or employee of the Contractor and the Contractor irrevocably and without reservation releases the Owner (including but not limited to its managers, officers, directors, counselors, employees and volunteers) from any liability and all liability. 13. Nothing contained herein shall create or be construed as creating any partnership, agency, joint venture, master/servant or employment between the Owner, its officers, servants or agents and the Contractor or any servant, agent or contractor of the Contractor. The Parties agree that at all times the Contractor is an independent contractor. 14. The Owner shall not be responsible for any infraction of, or non-compliance with any Federal, Provincial, Municipal or other laws relating to the Services and the Contractor shall and does hereby agree to indemnify and save harmless the owner in respect thereto with regard to the Services. The Contractor acknowledges that at all times it will 2014-2018 FORM OF AGREEMENT IWeed.docx 9/13 -Apr-2014 Agreement. No amendment or waiver of this Agreement shall be binding unless executed in writing by the party to be bound thereby. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided. 20. Any terms in this Agreement which are masculine shall be interpreted as either masculine or feminine and vice versa and words importing persons shall include firms and corporations and vice versa. For convenience, headings have been inserted into this agreement and shall not be used in any manner to interpret this agreement. For the purposes of interpretation, any words in this agreement that are singular shall be interpreted as if they include the plural and any words in this agreement that are plural shall be interpreted as if they include the singular. The Parties agree that the recitals form a part of the agreement. All schedules to this agreement shall form part of the agreement. The words "Party" and "Parties" shall mean the Owner and/or the Contractor as the context permits. 21. Should any provision of this agreement require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. 22. In the event that any provisions contained in this Agreement shall be declared invalid, illegal or unenforceable by a court or other lawful authority of competent jurisdiction, this Agreement shall continue in force with respect to the enforceable provisions and all rights and remedies accrued under the enforceable provisions shall survive any such declaration, and any non-enforceable provision shall to the extent permitted by law be replaced by a provision which, being valid, comes closest to the intention underlying the invalid, illegal and unenforceable provision. 23. Neither this Agreement nor any rights or obligations under this Agreement shall be assignable by any Party without the prior written consent of the other Parties. Subject to that condition, this Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors (including any successor by reason of amalgamation of any Party) and permitted assigns. 2014 -2018 FORM OF AGREEMENT IWeed.docx 11/13 -Apr-2014 Zone 3: Newman Park Mineral Springs Park Elliott Fairbairn Park Tillsonburg Community Centre Customer Service Centre OPP Station Tillsonburg Fire Hall 2014 -2018 FORM OF AGREEMENT IWeed.docx SCHEDULE "A" LIST OF PROPERTIES Zone 5: Island near Parkwood Drive Hydro Station by Tim Hortons Walkway by Nikos Restaurant Lot on North Street Park Office Property Municipal Boulevards by Tillsonburg Mall Islands on Lisgar Ave., Bidwell St., and by Kelseys Woodhaven Subdivision Frontage Front of Clock Tower SCHEDULE "B" T 02-13 Municipal Grass Cutting Tender 13/13 -Apr-2014 FORM OF AGREEMENT MUNICIPAL GRASS CUTTING 2014-2018 NATURE'S CHOICE LAWN CARE & IRRIGATION 2014 -2018 FORM OF AGREEMENT Natures Choice.docx 1/13 -Apr-2014 c) It will maintain a weekly log that the Services were performed to each of the Properties pursuant to the in the specifications and timing as specified in this Agreement and the Tender/Bid Documents (the "log"). The log shall be signed by the employee of the Contractor performing the work. The Contractor agrees to produce the log to the Owner upon demand at any time and the Owner shall have the right to copy the log; d) All equipment used to perform the Services and all vehicles transporting the equipment to the Properties must be in good mechanical and operating condition, duly licensed and insured (collectively the "Equipment"). The Equipment shall be made available for inspection(s) by the Owner upon demand either before the commencement of the Term or at any time during the Term. The Parties agree that any inspection by the Owner shall not be construed as an endorsement or approval of the mechanical or operating condition of the Equipment, does not constitute an inspection for purposes of any safety under any statute or regulation and does not relieve the Owner and/or operator from liability for such Equipment; e) All operators of the Equipment must be fully trained, qualified and experienced in the operation of any Equipment which they operate. The Owner shall comply with all Statutes, Regulations, Orders in Counsel and guidelines of the Ministry of the Environment, Ministry of Health, Ministry of labour and Ministry of Transportation along with any other applicable departments, ministries and/or crown corporations. f) At all times its employee(s) shall act in a civil, responsible, courteous and conscientious manner. The Contractor acknowledges and agrees, and will inform its employees of such, that there is no right for it or its employees to join any activities, sessions or meetings of the Owner's employees or outside groups. There will be no allowances made for employees to offend or interfere or join in activities being carried on by Town staff or outside groups while the employees of the Contractor are being employed by the Contractor. If there is a complaint about an employee then such complaint(s), if received by the Owner, will be referred to the Contractor. The Contractor further acknowledges and agrees that the Owner reserves the right to request that an employee of the Contractor be removed from performing the Services if the employee violates the terms of Articles A(l)(e), A(l)(f) or they offend or interfere with the activities of any employee(s) of the Owner and the Contractor shall not permit the employee tore-attend at any of the Properties until satisfactory arrangements have been made to ensure that there is not repetition of the offending behavior; g) It shall not leave any Equipment unattended on the Properties, private property or any other property owned or possessed by the Owner at any time unless the Equipment is properly protected to the satisfaction of the Parks and Facilities Manager of his/her designate; 2014 -2018 FORM OF AGREEMENT Natures Choice.docx 3/13 -Apr-2014 the Contractor's sole discretion, between the hours of 7:00am and 5:00pm, Monday to Friday, excepting Statutory Holidays. Written approval from the Parks & Facilities Manager is required to perform the Services at any other time in the week. The Contractor shall record in the Log the date, time and who performed the Services; d) The Contractor will provide the Owner with the schedule of providing the Services for all the Properties as listed in Schedule "A". If in the case of inclement weather the Contractor shall communicate alternate plans for delivering the Services to the Parks & Facilities Manager or his/her designate; e) The term of this Agreement shall be for four and half years (the "Term"). The Term shall commence on or about May 5, 2014 and end when the Services are no longer required in the fall of 2018. The Parties acknowledge that the Term shall not commence if this Agreement has not been executed and/or the documentation as required by this Agreement, the Tender/Bid Documents, proof of insurances pursuant to Article E of this Agreement and/or such other documentation reasonably requested by the Owner have been supplied to the Owner by the Contractor; f) The Owner shall be the sole decision maker whether drought conditions exist. If the Owner determines that drought conditions exist then the weekly performance of the Services may be modified by the Parks and Facilities Manager or his/her designate. If the weekly performance of the Services is modified then the Contractor agrees that notwithstanding any other term or condition of this Agreement or the Tender/Bid Documents it shall not be remunerated, paid or compensated for weeks that it did not perform the Services; g) The Contractor recognizes that the Services are seasonal in nature and upon notice by the Owner, at the Owner's sole and absolute discretion, it shall cease supplying the Services in the fall of every year of the Term and resume supplying the Services in the spring of the following year of the Term upon notice by the Owner, at the Owner's sole and absolute discretion; h) The Contractor acknowledges that if it provides Services when it was informed by the Owner not to do so for any reason as set out in this Agreement then it shall not be paid, compensated or remunerated for such Services; i) The Contractor may not perform any extra work that are not part of the Services except in accordance with this Article B(2)(i). The Owner shall in writing ask for the extra work and then the Contractor must provide a written quote of the extra work to meet the specifications of the Parks and Facilities Manager or his/her designate. The Contractor agrees that any extra work not approved pursuant to this Article B(2)(i) shall not be paid by the Owner and the Contractor shall not be remunerated or compensated in any fashion, manner or method; 2014 -2018 FORM OF AGREEMENT Natures Choice.docx 5/13 -Apr-2014 ARTICLED: PAYMENT 6. The Parties agree that: a. The Contractor shall be paid for the Services performed per week (except as specified in this Agreement) for each year of the Term shall be as follows: 2014 $900.00 2015 $900.00 2016 $990.00 2017 $990.00 2018 $1089.00 b. To obtain payment the Contractor shall submit an invoice for the Services on a monthly basis to the Owner (the "Invoice"). The Invoice shall comply with the amounts as specified in Article D(6)(a). The Invoice shall show the amount of the weeks that the Services were provided, the rate per week and H.S.T.; c. Invoices will be accepted for payment only upon substantiation by the Owner being satisfied that the Services were provided pursuant to this Agreement and/or the Tender/Bid Documents. The Parties agree that the Owner has the right to hold back and/or reduce the payment of some or all of the Invoice where the Services are not completed to the satisfaction of the Owner, not completed pursuant to this Agreement or as compensation for damage caused by the Contractor and not remedied by the Contractor pursuant to Article B(1)(j); d. Notwithstanding the provisions contained in Article D(6)(c) if on account of climatic or other conditions reasonably beyond the Contractor's control there are portions of the Services that cannot be completed, the Contractor shall receive payment in full for that part of the Services which were completed but the Owner may withhold a sufficient and reasonable sum for the completion of such unfinished work and adequately protect the Owner against construction liens. ARTICLE E: INSURANCE AND INDEMNITY 7. The Contractor covenants and agrees that it will carry public liability insurance for the transportation, operation and use of the Equipment and performing the Services with limits of no less than $2,000,000.00. The Contractor covenants and agrees to name the Owner as co-insured throughout the Term. The Contractor shall provide the Owner proof of insurance within seven days of executing this Agreement and every year of the Term prior to providing the Services in each year. 8. The Contractor covenants that it is registered pursuant to the Workplace Safety and Insurance Board Act and possesses all required coverages as required by the Act and by 2014 -2018 FORM OF AGREEMENT Natures Choice.docx 7/13 -Apr-2014 11. The Contractor represents, covenants and warrants that at all times it: a. Shall be responsible for the actions and negligence of its employees, subcontractors, shareholders, officers and agents; b. Shall ensure that its actions shall behave in an appropriate manner in keeping with the terms of this Agreement and the Tender/Bid Documents; c. Shall ensure that its actions conform and adhere to all laws, statutes and regulations as applicable; and, d. It and its employees, officers, directors, subcontractors and agents have the skill and expertise to provide the Services and operate the Equipment in a safe and prudent manner. 12. The Contractor releases the Owner (including but not limited all of the Owner's managers, officers, directors, counselors, employees and volunteers) from any and all claims, actions, proceedings and demands of any kind whatsoever and howsoever arising whether in tort, contract, equity, law or by statue for any losses or damages of any kind whatsoever and howsoever arising including, but not limited to, damage to property or person caused or contributed by any third party, condition of the Property, any injury suffered in performance of the Services and/or caused by any other contractor or any person on or near the Properties for any reason. The Contractor acknowledges that the Owner has no responsibility for any actions of the users of the Properties and that the Contractor has accepted the risk that a user of the Property or third party may intentionally or negligently commit an act which directly or indirectly causes damage, harm or loss to the Contractor, Equipment or employee of the Contractor and the Contractor irrevocably and without reservation releases the Owner (including but not limited to its managers, officers, directors, counselors, employees and volunteers) from any liability and all liability. 13. Nothing contained herein shall create or be construed as creating any partnership, agency, joint venture, master/servant or employment between the Owner, its officers, servants or agents and the Contractor or any servant, agent or contractor of the Contractor. The Parties agree that at all times the Contractor is an independent contractor. 14. The Owner shall not be responsible for any infraction of, or non-compliance with any Federal, Provincial, Municipal or other laws relating to the Services and the Contractor shall and does hereby agree to indemnify and save harmless the owner in respect thereto with regard to the Services. The Contractor acknowledges that at all times it will comply with all By-laws of the Corporation of the Town of Tillsonburg and that there is 2014 ·2018 FORM OF AGREEMENT Natures Choice.docx 9/13 -Apr-2014 executed in writing by the party to be bound thereby. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided. 20. Any terms in this Agreement which are masculine shall be interpreted as either masculine or feminine and vice versa and words importing persons shall include firms and corporations and vice versa. For convenience, headings have been inserted into this agreement and shall not be used in any manner to interpret this agreement. For the purposes of interpretation, any words in this agreement that are singular shall be interpreted as if they include the plural and any words in this agreement that are plural shall be interpreted as if they include the singular. The Parties agree that the recitals form a part of the agreement. All schedules to this agreement shall form part of the agreement. The words 11Party" and 11Parties" shall mean the Owner and/or the Contractor as the context permits. 21. Should any provision of this agreement require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. 22. In the event that any provisions contained in this Agreement shall be declared invalid, illegal or unenforceable by a court or other lawful authority of competent jurisdiction, this Agreement shall continue in force with respect to the enforceable provisions and all rights and remedies accrued under the enforceable provisions shall survive any such declaration, and any non-enforceable provision shall to the extent permitted by law be replaced by a provision which, being valid, comes closest to the intention underlying the invalid, illegal and unenforceable provision. 23. Neither this Agreement nor any rights or obligations under this Agreement shall be assignable by any Party without the prior written consent of the other Parties. Subject to that condition, this Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors (including any successor by reason of amalgamation of any Party) and permitted assigns. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written, signing officers in that behalf. 2014-2018 FORM OF AGREEMENT Natures Choice.docx 11/13 -Apr-2014 Zone 4: Pine Street Parkette Annandale Diamonds and adjacent lands Participark Westmount Park Tillsonburg Museum Tanager and Bobolink Lot SCHEDULE "A" LIST OF PROPERTIES Woodcock Transformer Station Station Arts Centre land west of building Island near Customer Service Centre Lot North of Kelseys South End (Sears) Parkette Old Vienna Road SCHEDULE "B" T 02-13 Municipal Grass Cutting Tender 2014 -2018 FORM OF AGREEMENT Natures Choice.docx 13/13 -Apr-2014 FORM OF AGREEMENT MUNICIPAL GRASS CUTTING 2014-2018 PARROT YARD SERVICES 2014 -2018 FORM OF AGREEMENT Parrot.docx 1/13 -Apr-2014 c) It will maintain a weekly log that the Services were performed to each of the Properties pursuant to the in the specifications and timing as specified in this Agreement and the Tender/Bid Documents (the "log"). The Log shall be signed by the employee of the Contractor performing the work. The Contractor agrees to produce the log to the Owner upon demand at any time and the Owner shall have the right to copy the log; d) All equipment used to perform the Services and all vehicles transporting the equipment to the Properties must be in good mechanical and operating condition, duly licensed and insured (collectively the "Equipment"). The Equipment shall be made available for inspection(s) by the Owner upon demand either before the commencement of the Term or at any time during the Term. The Parties agree that any inspection by the Owner shall not be construed as an endorsement or approval of the mechanical or operating condition of the Equipment, does not constitute an inspection for purposes of any safety under any statute or regulation and does not relieve the Owner and/or operator from liability for such Equipment; e) All operators of the Equipment must be fully trained, qualified and experienced in the operation of any Equipment which they operate. The Owner shall comply with all Statutes, Regulations, Orders in Counsel and guidelines of the Ministry of the Environment, Ministry of Health, Ministry of labour and Ministry of Transportation along with any other applicable departments, ministries and/or crown corporations. f) At all times its employee(s) shall act in a civil, responsible, courteous and conscientious manner. The Contractor acknowledges and agrees, and will inform its employees of such, that there is no right for it or its employees to join any activities, sessions or meetings of the Owner's employees or outside groups. There will be no allowances made for employees to offend or interfere or join in activities being carried on by Town staff or outside groups while the employees of the Contractor are being employed by the Contractor. If there is a complaint about an employee then such complaint(s), if received by the Owner, will be referred to the Contractor. The Contractor further acknowledges and agrees that the Owner reserves the right to request that an employee of the Contractor be removed from performing the Services if the employee violates the terms of Articles A{l){e), A{l)(f) or they offend or interfere with the activities of any employee(s) of the Owner and the Contractor shall not permit the employee to re-attend at any of the Properties until satisfactory arrangements have been made to ensure that there is not repetition of the offending behavior; g) It shall not leave any Equipment unattended on the Properties, private property or any other property owned or possessed by the Owner at any time unless the Equipment is properly protected to the satisfaction of the Parks and Facilities Manager of his/her designate; 2014 -2018 FORM OF AGREEMENT Parrot.docx 3/13 -Apr-2014 the Contractor's sole discretion, between the hours of 7:00am and 5:00pm, Monday to Friday, excepting Statutory Holidays. Written approval from the Parks & Facilities Manager is required to perform the Services at any other time in the week. The Contractor shall record in the Log the date, time and who performed the Services; d) The Contractor will provide the Owner with the schedule of providing the Services for all the Properties as listed in Schedule "A". If in the case of inclement weather the Contractor shall communicate alternate plans for delivering the Services to the Parks & Facilities Manager or his/her designate; e) The term of this Agreement shall be for four and half years (the "Term"). The Term shall commence on or about May 5, 2014 and end when the Services are no longer required in the fall of 2018. The Parties acknowledge that the Term shall not commence if this Agreement has not been executed and/or the documentation as required by this Agreement, the Tender/Bid Documents, proof of insurances pursuant to Article E of this Agreement and/or such other documentation reasonably requested by the Owner have been supplied to the Owner by the Contractor; f) The Owner shall be the sole decision maker whether drought conditions exist. If the Owner determines that drought conditions exist then the weekly performance of the Services may be modified by the Parks and Facilities Manager or his/her designate. If the weekly performance of the Services is modified then the Contractor agrees that notwithstanding any other term or condition of this Agreement or the Tender/Bid Documents it shall not be remunerated, paid or compensated for weeks that it did not perform the Services; g) The Contractor recognizes that the Services are seasonal in nature and upon notice by the Owner, at the Owner's sole and absolute discretion, it shall cease supplying the Services in the fall of every year of the Term and resume supplying the Services in the spring of the following year of the Term upon notice by the Owner, at the Owner's sole and absolute discretion; h) The Contractor acknowledges that if it provides Services when it was informed by the Owner not to do so for any reason as set out in this Agreement then it shall not be paid, compensated or remunerated for such Services; i) The Contractor may not perform any extra work that are not part of the Services except in accordance with this Article B(2)(i). The Owner shall in writing ask for the extra work and then the Contractor must provide a written quote of the extra work to meet the specifications of the Parks and Facilities Manager or his/her designate. The Contractor agrees that any extra work not approved pursuant to this Article B(2)(i) shall not be paid by the Owner and the Contractor shall not be remunerated or compensated in any fashion, manner or method; 2014 -2018 FORM OF AGREEMENT Parrot.docx 5/13 -Apr-2014 ARTICLE D: PAYMENT 6. The Parties agree that: a. The Contractor shall be paid for the Services performed per week (except as specified in this Agreement) for each year of the Term shall be as follows: 2014 $510.00 2015 $510.00 2016 $550.00 2017 $550.00 2018 $550.00 b. To obtain payment the Contractor shall submit an invoice for the Services on a monthly basis to the Owner (the "Invoice"). The Invoice shall comply with the amounts as specified in Article D(6)(a). The Invoice shall show the amount of the weeks that the Services were provided, the rate per week and H.S.T.; c. Invoices will be accepted for payment only upon substantiation by the Owner being satisfied that the Services were provided pursuant to this Agreement and/or the Tender/Bid Documents. The Parties agree that the Owner has the right to hold back and/or reduce the payment of some or all of the Invoice where the Services are not completed to the satisfaction of the Owner, not completed pursuant to this Agreement or as compensation for damage caused by the Contractor and not remedied by the Contractor pursuant to Article B(1)(j); d. Notwithstanding the provisions contained in Article D(6)(c) if on account of climatic or other conditions reasonably beyond the Contractor's control there are portions of the Services that cannot be completed, the Contractor shall receive payment in full for that part of the Services which were completed but the Owner may withhold a sufficient and reasonable sum for the completion of such unfinished work and adequately protect the Owner against construction liens. ARTICLE E: INSURANCE AND INDEMNITY 7. The Contractor covenants and agrees that it will carry public liability insurance for the transportation, operation and use of the Equipment and performing the Services with limits of no less than $2,000,000.00. The Contractor covenants and agrees to name the Owner as co-insured throughout the Term. The Contractor shall provide the Owner proof of insurance within seven days of executing this Agreement and every year of the Term prior to providing the Services in each year. 8. The Contractor covenants that it is registered pursuant to the Workplace Safety and Insurance Board Act and possesses all required coverages as required by the Act and by 2014 -2018 FORM OF AGREEMENT Parrot.docx 7/13 -Apr-2014 11. The Contractor represents, covenants and warrants that at all times it: a. Shall be responsible for the actions and negligence of its employees, subcontractors, shareholders, officers and agents; b. Shall ensure that its actions shall behave in an appropriate manner in keeping with the terms of this Agreement and the Tender/Bid Documents; c. Shall ensure that its actions conform and adhere to all laws, statutes and regulations as applicable; and, d. It and its employees, officers, directors, subcontractors and agents have the skill and expertise to provide the Services and operate the Equipment in a safe and prudent manner. 12. The Contractor releases the Owner (including but not limited all of the Owner's managers, officers, directors, counselors, employees and volunteers) from any and all claims, actions, proceedings and demands of any kind whatsoever and howsoever arising whether in tort, contract, equity, law or by statue for any losses or damages of any kind whatsoever and howsoever arising including, but not limited to, damage to property or person caused or contributed by any third party, condition of the Property, any injury suffered in performance of the Services and/or caused by any other contractor or any person on or near the Properties for any reason. The Contractor acknowledges that the Owner has no responsibility for any actions of the users of the Properties and that the Contractor has accepted the risk that a user of the Property or third party may intentionally or negligently commit an act which directly or indirectly causes damage, harm or loss to the Contractor, Equipment or employee of the Contractor and the Contractor irrevocably and without reservation releases the Owner (including but not limited to its managers, officers, directors, counselors, employees and volunteers) from any liability and all liability. 13. Nothing contained herein shall create or be construed as creating any partnership, agency, joint venture, master/servant or employment between the Owner, its officers, servants or agents and the Contractor or any servant, agent or contractor of the Contractor. The Parties agree that at all times the Contractor is an independent contractor. 14. The Owner shall not be responsible for any infraction of, or non-compliance with any Federal, Provincial, Municipal or other laws relating to the Services and the Contractor shall and does hereby agree to indemnify and save harmless the owner in respect thereto with regard to the Services. The Contractor acknowledges that at all times it will comply with all By-laws of the Corporation of the Town of Tillsonburg and that there is 2014 -2018 FORM OF AGREEMENT Parrot.docx 9/13 -Apr-2014 Agreement shall be deemed or shall constitute a waiver of any other provision nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided. 20. Any terms in this Agreement which are masculine shall be interpreted as either masculine or feminine and vice versa and words importing persons shall include firms and corporations and vice versa. For convenience, headings have been inserted into this agreement and shall not be used in any manner to interpret this agreement. For the purposes of interpretation, any words in this agreement that are singular shall be interpreted as if they include the plural and any words in this agreement that are plural shall be interpreted as if they include the singular. The Parties agree that the recitals form a part of the agreement. All schedules to this agreement shall form part of the agreement. The words "Party" and "Parties" shall mean the Owner and/or the Contractor as the context permits. 21. Should any provision of this agreement require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. 22. In the event that any provisions contained in this Agreement shall be declared invalid, illegal or unenforceable by a court or other lawful authority of competent jurisdiction, this Agreement shall continue in force with respect to the enforceable provisions and all rights and remedies accrued under the enforceable provisions shall survive any such declaration, and any non-enforceable provision shall to the extent permitted by law be replaced by a provision which, being valid, comes closest to the intention underlying the invalid, illegal and unenforceable provision. 23. Neither this Agreement nor any rights or obligations under this Agreement shall be assignable by any Party without the prior written consent of the other Parties. Subject to that condition, this Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors (including any successor by reason of amalgamation of any Party) and permitted assigns. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written, signing officers in that behalf. 2014-2018 FORM OF AGREEMENT Parrot.docx 11/13 -Apr-2014 Zone 2: Coronation Park Gilvesy Park Cadman Park Cranberry Park 2014 -2018 FORM OF AGREEMENT Parrot.docx SCHEDULE "A" LIST OF PROPERTIES SCHEDULE "B" T 02-13 Municipal Grass Cutting Tender 13/13 -Apr-2014 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3813 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillson burg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to 'SC-17' the zone symbol of the lands so designated 'SC-17' on Schedule "A" attached hereto. 2. That Section 14.5 to By-Law Number 3295, as amended is hereby further amended by adding the following subsection at the end thereof: "14.5.17 LOCATION: EAST SIDE OF VANCE DRIVE, (PART LOT 3, PLAN 1033) SC-17 (Key Map 9) 14.5.17.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-17 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: 14.5.17.1.1 RESIDENTIAL USES a dwelling unit in a portion of a non-residential building. 14.5.17.1.2 NON-RESIDENTIAL USES All uses permitted in Table 14.1; 14.5.17.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any SC-17 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 14.5.17.2.1 RESIDENTIAL USES (i) Number of Units Maximum 3 I?' I SCHEDULE "A" TO BY-LAW No. __ _ PART LOT 3, REGISTERED PLAN 1033 PART 1, REFERENCE PLAN 41R-3619 TOWN OF TILLSONBURG NORTH STREET EAST N78-59-30E 57.49 N78-59-30E 57.49 METRES 5 2 5 0 10 15 20 \ \) ) 3 C\J 3: 0 c;>,.-1 1---m<X:! ,-l(J) Q: ~,-I ,-I ""( z a_ THIS IS SCHEDULE "A" D AREA OF ZONE CHANGE TO SC-17 TO BYLAW No. ____ , PASSED NOTE: ALL DIMENSIONS IN METRES THE DAY OF ___ , 2014 ~~J.OrdCount~ r ':rowing stronger. .. together MAYOR Information Systems ©2074 CLERK COUNCIL RESOLUTION AGENDA ITEM NO.: Date: April14, 2014 RESOLUTION NO.: ---=-1 __ /" Q MOVED BY: {!;}-· &~-- SECONDED BY: ~ THAT the Agenda as prepared for the Council Meeting of April14, 2014, be adopted. ~rried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: Date: April14, 2014 RESOLUTION NO.: ---=...2 __ MOVED BY: D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: --=5=----Date: April 14, 2014 RESOLUTION NO.: MOVED BY: THAT the Council APPROVE the zone change application submitted by Paul Grammatikopoulos, whereby the lands described as Part Lot 3, Plan 1033, Town of Tillsonburg, known municipally as 2 Vance Drive are to be rezoned from Service Commercial Zone (SC) to Special Service Commercial Zone (SC-17); AND THAT By-Law 3813, being a by-law to amend By-Law 3295, as amended, be brought forward for council consideration ~arried D Recorded Vote D Defeated D Deferred Tabled D ~/ ~ '*' J/ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: --=2=-----Date: April 14, 2014 RESOLUTION NO.: MOVED BY: THAT the Development Charges Study-Council update -presentation be received as information. ~Carried D Recorded Vote D Defeated D Deferred D Tabled __fJiL_ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ---=2=8 __ Date: Aprill4, 2014 RESOLUTION NO.: ----=-=13=----- MOVED BY: THAT Council receives Report OPS 14-07 Reconstruction of Trottier Phase 1 Subdivision; D Carried D Defeated D Deferred D Tabled D Recorded Vote Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ---=2=0 __ Date: April14, 2014 RESOLUTION NO.: MOVED BY: THAT Council receives Report CL 14-09 Vacant Seat on Council as information. ~ried D Rec;prded Vote D Defeated ' / D Deferred D Tabled ¥-yor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ---=2=1 __ Date: April14, 2014 RESOLUTION NO.: 6 MOVEDBY: fj ~ SECONDED BY: • __ _ THAT council receives Report DCS 14-13 A & W Noise-Sound Barrier and MOE Investigation, as information. d carried D Recorded Vote D Defeated D Deferred D Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: ---=2=2 __ Date: April14, 2014 RESOLUTION NO.: ____!,7 __ MOVED BY: THAT Council receive Report DCS 14-17 Clean Yard By-Law for information; and AND THAT Clean Yard By-Law 3810 to regulate and prescribe standards for the maintenance of lands in the Town of Tillsonburg be brought forward for Council consideration. ~arried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials ) COUNCIL RESOLUTION AGENDA ITEM NO.: --=2=3 __ RESOLUTION NO.: 8 _ ~ MOVED BY: {:B ------ SECONDED BY:~ Date: April 14, 2014 THAT Council receive Report DCS 14-14 Sign By-Law for information; and AND THAT Sign By-Law 3798, to regulate signs and other advertising devices of a commercial nature in the Town of Tillsonburg be brought forward for Council consideration. D D Carried Recorded Vote D Defeated ~erred D Tabled __2-ayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ------'2=-4"---Date: April14, 2014 RESOLUTION N ~ MOVED BY: ~~--J"'?J.{/" SECONDED BY: ----~,,_~-+/:::::'· ... · __ ......-=-:::::=.. __ ---· . .__... . ..r.,,~ THAT Council receive Report DCS 14-24 Sole Sourcing-AdvertiSing and Business Development Purchases; AND THAT staff be authorized to sole source the items contained within Report DCS 14-24 Sole Sourcing -Advertising and Business Development Purchases. ~Carried D Recorded Vote D Defeated D Deferred D Tabled __fflL_ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ---=2=5 __ Date: Aprill4, 2014 RESOLUTION NO.: MOVED BY: --·· RESOLVE THAT Council receive Report DCS 14-21 -Turtlefest Committee Requests; AND THAT the 2014 Turtlefest festival be designated a municipally significant event for the purposes of raising the profile of the event and obtaining a Special Occasion Permit under the Alcohol and Gaming Commission of Ontario application process; AND THAT the Lake Lisgar Revitalization Project Committee and the Tillsonburg Sea Scouts be given permission to operate a motorized watercraft on Lake Lisgar is part of the Turtlefest events and as provided for under Paragraph 2 of Bylaw 2619. ~rried D Recorded Vote D Defeated D Deferred D Tabled ~or's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ---=2=6 __ RESOLUTION N~ MOVEDBY: ~ SECONDED BY: --~.....:::::==::::::='~.o.....-o:::::::::o:::::::===~:---- ~ Date: April 14, 2014 THAT Council receives report FIN 14-15 20~3 Reconciled Contract Policing Costs- OPP; AND THAT $126, 723 be contributed to reserves to be utilized for policing costs. ~arried D Recorded Vote D Defeated D Deferred D Tabled ~ayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ----=2:..:....7 __ Date: April14, 2014 RESOLUTION NO.· MOVED BY: THAT Council receive Report FIN 14-13 Credit Card Processing Fees; AND THAT Council consider By-Law 3808 for three readings to formalize the existing fee for payment card processing services with respect to utility payments. dcarried D Recorded Vote D Defeated D Deferred D Tabled #Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ---=2:..::...9 __ Date: Aprill4, 2014 RESOLUTION NO.: MOVED BY: THAT Council receives Report PRS 14-07 Awarding 2014-2018 Grass Cutting and Flower Bed Maintenance Contracts for 2014 through 2018; AND THAT Council awards grass cutting contracts for 2014-2018 as follows: Zone 1 -D&D Commercial Property Maintenance, Ingersoll Zone 2-Parrot Yard Services, Tillsonburg Zone 3 and Zone 5 -IWeed Inc., London Zone 4-Natures Choice Lawn Care & Irrigation, Tillsonburg AND THAT Council awards the flower bed maintenance contract for 2014-2018 to Natures Choice Lawn Care & Irrigation; AND THAT a by-law be brought forward for Council's consideration. @ carried D Recorded Vote D Defeated D Deferred D Tabled ---k Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ___,3:::..:0::._.__ Date: April14, 2014 RESOLUTION NO.: MOVED BY: ~ THAT Council receives Report PRS 14-09 Awarding the Tender to Repair the Roof at the Customer Service Centre; AND THAT Council award the tender to Flynn Canada at the tendered price of $62,987 plus applicable taxes. ~ried D Recorded Vote D Defeated D Deferred D Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: ---=3=1 __ Date: April14, 2014 RESOLUTION NO.: MOVED BY: SECONDED BY:§;j~-"---- THAT Council receives report FIN 14-12 2013 Remuneration and Expenses-Revised as information. ~Carried D Recorded Vote D Defeated D Deferred D Tabled __pi.L Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ---=3=2 __ Date: April 14, 2014 RESOLUTION NO.: MOVED BY: THAT Council receive Report DCS 14-22 Clarification Regarding Industrial Lands Agricultural Tender for information purposes. ~rried D Recorded Vote D Defeated D Deferred D Tabled £Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ---'3=3'----Date: April14, 2014 RESOLUTION NO.: 18 ~·~-- SECONDEDBY: --------+~~~~--< ______ ___ MOVED BY: THAT Council receive the correspondence from the Clerk of the County of Oxford; AND THAT Council nominate Councillor Mel Getty to the Community Sustainability Plan (CSP) Ad Hoc Committee which is comprised of eight members representing all Area Municipalities. D Recorded Vote D Defeated D Deferred D Tabled ~ayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: --=3:.....:..4 __ Date: April 14, 2014 RESOLUTION NO.: MOVED BY: THAT Council receive Report CL 14-10 , Royal Canadian Air Cadets' Annual Tag Day Fund raiser; AND THAT the request from 153 Varnavair Squadron Royal Canadian Air Cadets, to conduct their annual Tag Days May 2-3, 2014, in the Town of Tillsonburg, be approved. ~arried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ----=3=5 __ Date: April14, 2014 MOVED BY: THAT By-Law 3808, to establish a service fee for Payment Card Processing Services, By-Law 3809, to appoint a Deputy Clerk for the Town of Tillsonburg, By-Law 3812, to authorize grass cutting and garden bed maintenance agreements, By-Law 3813, to amend Zoning By-Law 3295, 2 Vance Drive, and By-Law 3811, to confirm the proceedings of Council at its meetings held on the 14th day of April, 2014,be read for a first and second time and this constitutes the first and second reading thereof. ~arried D Recorded Vote D Defeated D Deferred D Tabled ¥-or's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 35 ~ RESOLUTION NO.:~ A MOVED BY: c._ h/~ SECONDED c;;;~~\;;;::'):::~>::::::-====----- Date: April14, 2014 THAT By-Law 3806, to enter into an Agricultural Lease Agreement with Paul Boesterd, By-Law 3808, to establish a service fee for Payment Card Processing Services, By-Law 3809, to appoint a Deputy Clerk for the Town of Tillsonburg, By-Law 3812, to authorize grass cutting and garden bed maintenance agreements, By-Law 3813, to amend Zoning By-Law 3295, 2 Vance Drive, and By-Law 3811 , to confirm the proceedings of Council at its meetings held on the 14th day of April , 2014,be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. &:ried D Recorded Vote D Defeated D Deferred D Tabled *Mayor's Initials 3:29PM 11-02-14 Accrual Basis Type Date Ordinary Income/Expense Income Revenue Donations Sales Receipt Sales Receipt Sales Receipt Sales Receipt Sales Receipt Invoice Invoice 31-12-2013 31-12-2013 31-12-2013 31-12-2013 31-12-2013 31-12-2013 31-12-2013 Total Donations Total Revenue Total Income Expense Marketing/Promotion NY Eve Cheque Cheque Cheque Bill Bill Bill Total NY Eve 30-12-2013 31-12-2013 31-12-2013 31-12-2013 31-12-2013 31-12-2013 Total Marketing/Promotion Total Expense Net Ordinary Income Net Income Tillsonburg 2013 New Year's Eve Profit & Loss Detail Name King Hiram Lodge cash Tillsonburg Lion's Club cash Tillson burg Rotary Club Knights of Columbus Bethel Temple Virginia Armstrong John Giesbrecht K&H Distributing Colleen Pepper Affordable Portables Glendale High School Memo public donation New Years Eve horse drawn wa ... popcorn & truck usage Debit 0.00 0.00 0.00 94.46 500.00 3,440.85 80.72 89.27 45.00 4,250.30 4,250.30 4,250.30 4,250.30 4,250.30 Credit 500.00 200.00 300.00 92.25 1,000.00 300.00 250.00 2,642.25 2,642.25 2,642.25 0.00 0.00 0.00 2,642.25 2,642.25 Balance 500.00 700.00 1,000.00 1,092.25 2,092.25 2,392.25 2,642.25 2,642.25 2,642.25 2,642.25 94.46 594.46 4,035.31 4,116.03 4,205.30 4,250.30 4,250.30 4,250.30 4,250.30 -1,608.05 -1,608.05 Page 1 April2014 In the later years of my working for the Town ofTillsonburg (employed from 2000-2007), the Roads Manager, Al McGilligan, had informed me he had put Ridge Blvd on the list to be reconstructed/fixed, as he said the road was one of the worst roads in the Town. Al said he put it on the list every year and every year it was cut due to the budget. I contacted Al McGilligan & Randy Vince, after my employment with the Town to follow up with the status of Ridge Blvd. I was told they didn't know when it would be done. I then followed up with an email to Steve Lund, Director of Operations, in February 2010 to complain. The email to Steve in February 2010 explained when I had been employed with the Town I was told that Ridge Blvd was going to be re-done. I explained to him that Al McGilligan had informed me it was on the list to be done in 2009, which at that time nothing was done. I then followed up with Randy Vince (Roads Manager then) back in the summer of2009 & his response was that Steve Gradish (Engineering Dept) said it was cut again. Explained the road is awful, especially right in front of my place. They fill it with the asphalt or whatever & it washes away within a week or so depending on the weather. In front of my place it goes all the way across the road-a huge puddle lays there that is the width of the road by about 6', then the water also lays in the middle of the road for about 1 00' or more. I explained a few incidences that occurred where vehicles drive by, don't slow down & have soaked my daughter, niece and myself on separate occasions, or splashes mud all over your vehicle if you have to park out there. Stated our road at that time was long overdue to be fixed. I suggested having a drive through our sub division and down Ridge Blvd to see how bad it is. Steve replied back beginning of March 2010 stating my comments were valid, however they need to construct the street with storm sewer and curbs, and that they have identified this area in the 2010 asset management budget which is yet to be approved. In the end of June 2011, I emailed Steve indicating that I hadn't seen any movement in our sub- division & asking if it was cut once again. Steve responded stating yes it was cut along with everything else except QTL. He explained that Council would be reviewing the roads status in August prior to moving into the 2012 budget year, and that it would be stressed the need to invest in the entire subdivision including storm and curbs. I also had asked Steve about having the culverts along our side of the street removed, as I was told by Al McGilligan they would be removed when the road was reconstructed. Al had told me they were supposed to get rid of all the culverts years ago when the culverts all along across the road were all removed. I was told if they get funding to reconstruct the street then they will remove culverts and place curbs and storm sewers. If they don't then they will just resurface the road only. The whole road is a mess now. It is the worse when it is raining, has rained or melting snow, as the water just pools and doesn't drain properly. Other spots (besides in front of my place) it's really bad, is at the comer of Ridge and Lady, and at the comer of Baldwin and Lady. It would be nice to know when this will be addressed. Lisa Patenaude March 24, 2014 Ms. Melinda Evans Ref.: Condition of roadways in the Trottier 1 Subdivision TIME LINE: In approximately 35 years residing at 14 Ridge Blvd, no repaving has been done, with the exception of Thistle Court which was done in 2013. DAMAGE TO ROADWAY: The roadway is not suited to heavy truck traffic. Further, during the Thistle Crt construction, heavy equipment parked on the roadway leaking diesel fuel, further eroding the roadway surface. The Town was advised on this. SEWER INSPECTION COVERS: The area around the Sewer Inspection Plates has collapsed several times in the past, and cold patched • This damage has been an on-going issue. The sewer interiors are made of brick, not the preformed units used today. FINANCIAL ISSUES: A prospective home buyer might change their minds after viewing the condition of the roadways, or request a lower sale price for the home. 1 Zone 1: Southridge Park Glendale Park Trottier Park Memorial Park SCHEDULE 'Ji" LIST OF PRopERTiEs ) Coronation Park Gilvesy Park Cadman Park SCHEDULE "A" LIST OF PROPERTIES SCHEDULE "B" T 02-13 Municipal Grass Cutting Tender ) Newman Park Mineral Springs Park Elliott Fairbairn Park SCHEDULE "A" LIST OF PROPERTIES Zone 5: Island near Parkwood Drive Hydro Station by Tim Hortons Walkway by Nikos Restaurant Lot on North Street Park Office Property Municipal Boulevards by Tillson burg Mall Islands on Lisgar Ave., Bidwell St., and by Kelseys Woodhaven Subdivision Frontage Front of Clock Tower SCHEDULE "B" Participark Westmount Park Jillsonburg Museum Janager and Bobolink Lot SCHEDULE "A" LIST OF PROPERTIES Woodcock Transformer Station ....._~-Station Arts Centre land west of building Island near Customer Service Centre Lot North of Kelseys South End (Sears) Parkette Old Vienna Road SCHEDULE "B" T 02-13 Municipal Grass Cutting Tender '< \ I ~~ % Zone 3: Newman Park Mineral Springs Park Elliott Fairbairn Park Tillsonburg Community Centre Customer Service Centre OPP Station Tillsonburg Fire Hall SCHEDULE "A" LIST OF PROPERTIES Zone 5: Island near Parkwood Drive Hydro Station by Tim Hortons Walkway by Nikos Restaurant Lot on North Street Park Office Property Municipal Boulevards by Tillson burg Mall Islands on Lisgar Ave., Bidwell St., and by Kelseys Woodhaven Subdivision Frontage Front of Clock Tower SCHEDULE "B" 998 NAD_1983_UTM_Zone_17N © County of Oxford 0 Tillson burg Airport property maintenance contracted 499 998Meters July 30, 2013 1:19,643 0 This map is a user generated static output from an Internet mapping s~e and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY Legend Notes Blue-6" Yellow-spring, summer, fall cuts Red -maintain brush & trees to max 10' height April 15, 2014 Amber Brunekreeft 153 VARNAVAIR, Royal Canadian Air Cadet Squadron 16 Durham Street, P.O. Box 373, Station Main, Tillsonburg, ON, N4G 4H8 RE: COUNCIL Resolution -Royal Canadian Air Cadets' Annual Tag Day Fund raiser At the Tillsonburg Town Council Meeting of April15, 2014, Council passed the following resolution: "THAT Council receive Report CL 14-10, Royal Canadian Air Cadets' Annual Tag Day Fund raiser; AND THAT the request from 153 Varnavair Squadron Royal Canadian Air Cadets, to conduct their annual Tag Days May 2-3, 2014, in the Town of Tillsonburg, be approved." If you have any questions, please do not hesitate to contact me at 688-3009 Ext. 3224 Regards, Donna Wilson Town Clerk CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on.ca April 15, 2014 Brenda J. Tabor Clerk, County of Oxford P.O. Box 1614 21 Reeve Street Woodstock, ON, N4S 7Y3 RE: COUNCIL Resolution -Community Sustainability Plan (CSP) Ad Hoc Committee At the Tillsonburg Town Council Meeting of April 15, 2014, Council passed the following resolution: "THAT Council receive the correspondence from the Clerk of the County of Oxford; AND THAT Council nominate Councillor Mel Getty to the Community Sustainability Plan (CSP) Ad Hoc Committee which is comprised of eight members representing all Area Municipalities." If you have any questions, please do not hesitate to contact me at 688-3009 Ext. 3224 Regards, Donna Wilson Town Clerk CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on.ca TOWN OF TILLSON BURG Public Meeting for the Council Meeting of April 14, 2014 Record of Attendance )tO l\LU<:ll'-' AV6 --n L.-L$ .J N /!.Va_6-C)lJ \ Page 1 Notice of Collection Correspondence intended for Committee and/or Council is generally received as public information, subject to the Municipal Freedom of Information and Protection of Privacy Act and will be part of the public record. Good Afternoon Please be advised that Oxford County Council, at its meeting held on March 26, 2014, adopted the following resolution with regard to the attached Report No. CAO 2014-04: "That the recommendations contained in Report No. CAO 2014-04, titled "Community Sustainability and Action Plan", be adopted with the insertion of Warden McKay, Deputy Warden Lupton, Councillor Comiskey, Councillor Sobeski and Councillor Wearn in recommendation No. 5, and the insertion of the area municipalities Town of Tillson burg, Township of South-West Oxford and Township of Norwich in recommendation No. 6." For ease of reference, recommendations contained in the Report are listed as follows: 1. That County Council approve the development of a Community Sustainability Plan as outlined in Report CAO 2014-04; 2. And further, that funding in the amount of $110,000 be allocated to a Community Sustainability Plan as follows: a. $10,000 from the approved 2014 Operating Budget (CAO Office) b. $100,000 from the Corporate General reserve; 3. And further, that County Council approve the establishment of a Community Sustainability Plan (CSP) Ad Hoc Committee comprised of eight members representing all Area Municipalities such that: a. five (5) are Members of County Council, and; b. three (3) are members of Area Municipal Councils not represented by the five County Council members; 4. And further, that the CSP Ad Hoc Committee mandate include composition and lay member appointment recommendations for a CSP Steering Committee, reported to Council by June 2014; 5. And further, that ___ _, ___ _, ___ _, ____ and ____ be appointed to the CSP Ad Hoc Committee; ~ AndfurtheGthe ,the andthe bereque~edto appoint one member of Council, and not a member of County Council, to the CSP Ad Hoc Committee; 7. And further, that Report CAO 2014-04 be forwarded to all Area Municipal Councils with a request to support the development of a Community Sustainability Plan; 8. And further, that all Area Municipal Councils be requested to authorize their Chief Administrative Officer to appoint appropriate staff to the CSP Project Team. I draw your attention, firstly, to recommendation No.7 which requests all Area Municipal Councils to support the development of a Community Sustainability Plan. In addition to requesting support of the Plan, County Council is asking for appointment of one member of Council to the CSP Ad Hoc Committee from each of the Town ofTillsonburg, the Township of South- West Oxford and the Township of Norwich who are not members of County Council as that complement has already been filled. It has been indicated by Mayor John Lessifthat Councillor Mel Getty, Town of Tillsonburg, has agreed to participate as a member. Lastly, recommendation No.8 requests the Area Municipal Councils to authorize their CAO to appoint appropriate staff to the CSP Project Team. I appreciate your attention to the above three requests and look forward to a response when dealt with by your Council. Thank you. Brenda J. Tabor Clerk County of Oxford P.O. Box 1614 21 Reeve Street Woodstock, Ontario N4S 7Y3 Phone: 519-539-9800 ext. 3002 Fax: 519-421-4712 Fw: OPP BILLING STEERING COMMITTEE Donna Wilson to: Jeff Bunn council information Donna Wilson Town Clerk Town of Tillsonburg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Phone: 519-688-3009 Ext. 3224 www.tillsonburg.ca www.DiscoverTillsonburg.ca www.Facebook.com/TillsonburgON 08/04/2014 04:52PM Individuals who submit letters and other information to Council should be aware that any personal information contained within their communications may become part of the public record and may be made available to the public through the Council Agenda process. -----Forwarded by Donna Wilsonrrillsonburg on 04/08/14 04:52PM----- From: To: Date: Subject: AMO Communications <communicate@amo.on.ca> "dewilson@tillsonburg .ca" <dewilson@tillsonburg.ca>, 04/08/14 04:39 PM OPP BILLING STEERING COMMITTEE TO THE IMMEDIATE ATTENTION OF OPP POLICED COMMUNITIES AprilS, 2014 Dear Colleagues: The report of the OPP Billing Steering Committee will be released on Thursday, April 10. Watch for a notice to all OPP serviced communities and the link to the AMO website. In addition, we will be offering three webinars following the release of the report to provide an overview and to answer questions. The webinars will be this week -on Thursday the 1Oth from 3:30 to 4:30 p.m. and Friday the 1 fh from 12:30 to 1:30 p.m. and again from 3:30 to 4:30p.m. Three webinars are being offered as we can only host up to 95 participants at one time. You will need to be in front of a computer to be able to access the webinar. Information on how to access the webinar will be provided prior to each session to those that are registered. HOW TO REGISTER: Send your preferred date and time to Evelyn Armogan at earmogan@amo.on.ca and she will send you the details for the webinar. Please confirm by end of day Wednesday for the Thursday session and by end of day Thursday for the Friday sessions. If you are not able to participate in a webinar, the material used will be posted on the AMO website early next week. Yours truly, R.F. (Russ) Powers President DISCLAIMER These are final versions of AMO documents. AMO assumes no responsibility for any discrepancies that may have been transmitted with the electronic version. The printed versions of the documents stand as the official record. News Release Wanted: Producers to supply product to the SCOR Food Hub For Immediate Release 2014-03-31, TILLSONBURG-The South Central Ontario Region (SCOR) Food Hub is seeking farmers and food producers who are interested in being part of the SCOR Food Hub project. The demand for Ontario food has never been stronger, with consumers applying pressure on retail, institutional, and foodservice operators to have an increase of local and regional options available. In order to meet this demand at a competitive price, the SCOR Food Hub project is working to establish efficient and cost- effective ways of bringing more of Ontario's diverse, high-quality products to these markets. "The original strategic plan for SCOR identified Accessing the Marketplace as the top priority for local producers," says Art Lawson, General Manager of the SCOR Economic Development Corporation. "Continued growth and development of the region's strong agricultural sector through new market opportunities and adding value to regional products remains a top priority." While there has been a significant increase in the amount of local food being sold directly to consumers, the institutional market has been much more difficult to access. According to the research conducted by Dr. John Kelly, we have identified market potential for local food procurement by the Broader Public Sector to be in excess of $100 Million per annum. This includes hospitals, long term care facilities, universities, schools, and correctional facilities. Individual producers may have difficulty supplying large contracts, and navigating logistics and distribution barriers. Regional aggregators, often referred to as 'Food Hubs" are a viable option for providing efficient local and regional value chain linkages to small and medium producers and processors. Given market trends, these services are instrumental in getting smaller enterprises access to mainstream foodservice and retail markets. According to Bernia Wheaton, the Food Hub Project Manager, "We are now at a point where we would like to identify growers who are interested in supplying the SCOR Food Hub with locally grown product. This includes fruits, vegetables, meat fish and poultry, dairy and egg products, prepared foods, non- alcoholic beverages, and value added products suitable for institutional consumers." Once producers have been identified and a software system has been populated with available products, we can begin to respond to food procurement demands. South Central Ontario Region Economic Development Corporation (SCOR EDC) 4 Elm Street, Tillsonburg, ON N4G OC4, P: 519-842-6333 F: 519-842-7123 E: gm@scorregion.com www.scorregion.com www.scorbusinessportal.com There is a significant opportunity to supply the local health care market with locally grown food. As the Material Management Analyst with MEAlsource, Wendy Smith has indicated that, "As two of our current contract suppliers are located in Woodstock and london, the concept of well-functioning food hubs would certainly strengthen our ability to demand Ontario food where available. Streamlining logistics would battle what we are often told is the main barrier to providing fresh Ontario product to our membership. MEAlsource and its membership are very excited to welcome the new business model into our process for healthcare procurement in Ontario." Anyone interested in supplying product or learning more about the opportunity should contact Bernia Wheaton, the Food Hub Project Manager at 226-921-5576 or email foodhub@scorregion.com or contact Art lawson at (519) 842-6333. Project Objectives: 1. To increase the amount of regional food products purchased by Ontario's wholesale distribution, foodservice, and retail markets 2. To enhance the capacity of small and medium sized producers and processors to access mainstream distribution systems 3. To identify specific institutional, retail, and foodservice market demand for local food products and the potential for regional aggregators to meet this demand. Investment in this project is provided by the Greenbelt Fund -30- For further information, media representatives may contact: Media Contacts: Chuck Hall, Food Hub Committee North Middlesex Deputy Mayor Phone: 519-476-6229 Jim Oliver, Food Hub Committee Norfolk County Councillor Phone:519-428-1297 South Central Ontario Region Economic Development Corporation (SCOR EDC) 4 Elm Street, Tillsonburg, ON N4G OC4, P: 519-842-6333 F: 519-842-7123 E: gm@scorregion.com www.scorregion.com www.scorbusinessportal.com April 1, 2014 PC Party of Ontario Room 381, Main Legislative Building, Queen's Park Toronto, Ontario M7A 1A8 Attention: Tim Hudak Re: Briefing with Mayors' Coalition for Affordable, Sustainable and Accountable Policing Mr. Hudak, Thank you for making yourself available to discuss the very critical issue of unsustainable policing costs in Ontario. We further appreciate the high level team members of your caucus being present as it demonstrates your party's understanding of the importance expressed above. Your focus on arbitration and the need to reform this facet of policing costs is well placed. At the same time, we ( feel the issue is much more complex and involves an understanding of some key aspects: • The new OPP billing model was developed by the OPP and municipalities reacting to the dysfunctional billing model in place today, while addressing the Auditor General's recommendation to address the complexity and cost irregularity of the current billing model. The new model corrects a deficiency that sees 116 municipalities over paying for the service and this is an important advancement. At the same time, this correction sees other municipalities share of costs increasing as a result and this transition needs to be mitigated. • There is a growing sense of concern that all the hard work and time in getting there could be sacrificed if the government of the day decides to start everything all over again. We would be opposed to that and look forward to building upon the work done today recognizing the need to get passed further delays and into getting relief ASAP; • Focus needs to shift to the actual cost drivers themselves as the new billing model simply reshuffles existing costs. For example, the current work has focussed on the $356 million dollars associated to municipal share of provincial policing costs while the overall cost of policing in Ontario is $3.8 billion; peter.politis@cochraneontario.com I www.mayorscoalition.com I 705-272-4361 ext 231 Big Brothers Big Sisters of Ingersoll, Tillsonburg & Area Mentoring Programs and Services March 21, 2014 Mayor & Members of Council Town of Tillsonburg 200 Broadway Street, 2nd Floor Tillsonburg, Ontario N4G 5A7 Dear Mayor & Members of Council : Re: 2014 Municipal Grant On behalf of the Board of Directors, staff, volunteers and families of Big Brothers Big Sisters of Ingersoll, Tillsonburg & Area, we wish to express our sincere gratitude to the Council for their generous allocation of $3,000 to assi st our organization in continuing to provide quality mentoring programs and services to the children within the community. Big Brothers Big Sisters continues to play a vital role in the community by fostering healthy, supportive mentoring friendships to the young people in the Tillsonburg area. Through these relationships, Little Brothers, Little Sisters and Mentees grow to become confident, happy, independent, healthy young men and women. Your ongoing support allows us to continue this program. Thank you once again for your donation and believing in what we do. Yours in Friendship, Ilk~ Deb Landon Executive Director I I I I I (/) ~ s:u :::1.. (/) 0 · 3 CD ~ :::T -· :::s (Q Head Office & Mailing Address: 58 Thames Street South, Ingersoll, Ontario NSC 2Tl Satellite 0/fir-· 28 Brock St. West, Tillson burg, ON N4G 2 Phone: 519-485-1801 • Fax: 519-485-1805 ingtburg@bigbrothersbigsisters.ca • www.sharethefun.org • CN: 118968478 , Phone: 519-842-8542 3 April2014 Dear Councillors; 153 11 .JtR..1\[.Jl 11 .J\..PR 'Roy a( Canadian Air Cadet Squadron 16 1Jurham St., P.O. 'Box 373, Station .Main, 'Ji{fson6urg, Ontario, N4(j 43{8 Te{: 519-842-3715 The 153 Varnavair Squadron Royal Canadian Air Cadets, request permission to place our Squadron Cadets; in uniform, on your property for our Annual Tag Day Fundraiser the weekend of May 2nd and 3rd 2014 This is our squadrons Annual Fundraiser. The funds raised through this event go towards the training expenses for our organization. The Squadron consists of forty-five boys and girls between the ages of twelve and eighteen from the Tillsonburg and surrounding areas. Please call the Cadet office at: 519-842-3715 and leave a message with an evening contact number, with your decision. Thank you for your time and consideration. Amber Brunekreeft Air Cadet League of Canada Sponsoring Committee Acting Chairperson 153 Varnavair RC(Air)CS SSC 'Io Learn -To Serve -To 5lavance The Corporation of the Town of Tillson burg March 31, 2014 To Members of Council: It has been my pleasure along with Mayor Lessif to represent Tillson burg on the Oxford Cycling Advisory Committee for the past year. Also representing Tillsonburg on our committee is Michael Jaffray a resident and cycling enthusiast. The committee has been meeting monthly and has established a media campaign designed to encourage cyclists and drivers to obey traffic regulations and "Share the Road". Within the county's 2013 road sign budget Share the Road signs have been placed on 29 kilometers of county roads including to our north County 20 from Delmer to QuarterTown Line. With an expanded budget this year, signs will be placed on an additional150 kilometers including Sweaburg Road from the 401 to Highway 19, Mount Elgin/Norwich Road from Highway 19 ,Otterville Road from Highway 19 to Highway 59. This spring South West Oxford Council will be placing signs on Dereham Line from Salford to Pressey Road and in Tillsonburg signs will be placed on John Pound Road from Hwy 3 to Oxford Street. We now have many options for cycling to Tillsonburg and our roadways will be safer for cyclists. In addition the committee has identified "preferred", safer roads for cyclists and is posting suggested cycling loops on the county web page map. If you have not already visited http: 1/webmap.oxfordcounty.ca/glimr /?Viewer=Tourism%2oMapping please do so and select the blue, red and green layered icon in the bottom left corner. By checking the box beside "Cycling Routes" and hitting the plus sign one can see the "preferred" county roads in blue and the township roads in green. We are working to add more information that will assist both local and visiting cyclists to our county and Tillsonburg. On behalf of the Oxford Cycling Advisory Committee I would like to invite you to our Share the Road media event on April 28 to launch our public information campaign. Councillors, bikers and biking and non-biking media are invited to assemble at 6:oop.m. at the Community Centre/Library in Inner kip. If you wish to join us in a fun ride, cycling routes of sK, 10K and 20K will be available. Sincerely Janet McCurdy Recreation Program Manager Town of Tillson burg CORPORATE OFFICE 200 Broadway, 2"d Floor, Tillsonburg, Ontario, N4G 5A7, Telephone # (519) 688-3009, Fax # (519) 842-9431 Web: www.tillsonburg.ca ( Minister Responsible for Seniors Affairs 77 Wellesley Street West 12th Floor, Ferguson Block Toronto, ON M7A 1N3 Tel: 416-314-9710 Fax: 416-325-4787 March 24, 2014 Ministre deh~gue aux Affaires des personnes agees 77, rue Wellesley Ouest 12• etage, bloc Ferguson Toronto ON M7A 1N3 Tel: 416-314-9710 Telec: 416-325-4787 Dear Mayor (or Reeve), Ontario In advance of Seniors' Month I am writing to encourage you to proclaim June as Seniors' Month in your community. June marks the 301h anniversary of Seniors' Month in Ontario. To recognize the important achievements we have made together, and the important role seniors play in our communities, this year's Seniors' Month theme is "Aging Without Boundaries: 30 Years of Celebrating Seniors." Attached is a sample proclamation for your consideration. Please let us know if you will be making this proclamation by emailing the Ontario Seniors' Secretariat at infoseniors@ontario.ca. We will be sending you promotional materials soon. Please let us know about any events you are planning and we will post them on the Ontario Seniors' Secretariat website at www.ontarioseniors.ca/seniorsmonth. I would also like to encourage you to work with your MPP(s) to host Seniors' Month events in your community and to access the resources offered by the Ontario Seniors' Secretariat, such as A Guide to Programs and Services for Seniors in Ontario, Age-Friendly Community Planning Guide and Advance Care Planning Guide. Seniors' Month presents a great opportunity for alignment with the Senior of the Year Award, which is awarded each year by the Government of Ontario through municipalities. I hope to visit a number of participating municipalities over the course of Seniors' Month. If you have any questions regarding Seniors' Month or about hosting an event, please contact Ontario Seniors' Secretariat at infoseniors@ontario.ca for assistance. Thank you, Mario Sergio Minister Enclosure June 2014 marks the 3Qth anniversary of Seniors' Month. Consider officially proclaiming June as Seniors' Month in your community this year. Here is a sample proclamation for your consideration. Please let the Ontario Seniors' Secretariat know if you will be honouring seniors in your community this June with a proclamation by emailing us at infoseniors@ontario.ca. ontario. ca/seniors Seniors' Month June 1 -30, 2014 WHEREAS Seniors' Month is an annual nation -wide celebration ; WHEREAS seniors have contributed and continue to contribute immensely to the life and vibrancy of this community; WHEREAS seniors continue to serve as leaders, mentors, volunteers and important and active members of this community; WHEREAS their contributions past and present warrant appreciation and recognition and their stories deserve to be told ; WHEREAS the health and well-being of seniors is in the interest of all and further adds to the health and well-being of the community; WHEREAS the knowledge and experience seniors pass on to us continues to benefit all; I, Mayor , do hereby proclaim June 1-30,2014 Seniors' Month in and encourage all citizens to recognize and celebrate the accomplishments of our seniors. Dated in the Mayor's Office on this ___ day of ___ , 2014. Mayor f')h t :::> r. Ontario f£. 0 ,/ 't g{1if· Ministry of Community Safety and Correctional Services Office of the Minister Ministere de Ia Securite communautaire et des Services correctionnels Bureau de Ia ministre ~ 25 Grosvenor Street 181h Floor 25, rue Grosvenor 18" etage Ontario Toronto ON M7A 1Y6 Tel: 416-325-0408 Fax: 416-325-6067 Toronto ON M7A 1Y6 Tel. : 416-325-0408 Telae.: 416-325-6067 MAR 2 5 2014 MC-20 14-1262 His Worship John Lessif Mayor Town of Tillson burg 200 Broadway Street, 2"d Floor Tillsonburg ON N4G 5A7 Dear Mayor Lessif: It was a pleasure meeting with you and Mr. Art Lawson, General Manager of the South Central Ontario Region-Economic Development Committee at the recent 2014 Rural Ontario Municipal Association/Ontario Good Roads Association {ROMA/OGRA) Conference in Toronto. The Town of Tillson berg and the South Central Ontario Region -Economic Development Committee have been important in encouraging my ministry to make the current OPP billing \ model more fair and equitable and I want to acknowledge your participation in our various consultation efforts over the past year. The Ontario Provincial Police {OPP) and the Ministry of Community Safety and Correctional Services have heard from many of the OPP's client municipalities that the current billing model needs to be simpler, more transparent and fair for all. The Auditor General of Ontario in his 2012 report told us the current-OPP billing model is unfair and needs to change. His assessment is confirmed by the numbers -some municipalities in Ontario are currently paying less than $100 per household for OPP policing services and some are paying more than $1,000 per household-and all have access to the same level of service. This is clearly unfair. That is why we are changing the model to make it more equitable. We have been engaging municipalities for the past year to talk about a new way of billing for OPP police services. The proposed new model offers three major advantages: • It reduces the large differences in per household policing costs that we see between municipalities currently, • It ensures that everyone contributes to the base cost of policing; and, • It allows us to track and report on all reactive calls for service and provides a detailed breakdown to municipalities. This model encourages municipalities who have high crime rates and high calls for service to come together as a community and work on crime prevention. \_ · Please note the cost of municipal policing does not include the cost for OPP officers to carry out their. provincial duties, such as patrolling the provincial highways and waterways as well as service provided to unorganized territories. These are costs borne by the province alone. Our government has been committed to openness and transparency throughout this process. The results of our municipal engagement efforts are publicly available at: www.opp.ca. .../2 The Corporation of the Town of Tillson burg NOTICE OF NO APPEAL OF A ZONING BY-LAW PASSED BY THE CORPORATION OF THE TOWN OF TILLSONBURG WHEREAS By-law No. 3813 having been passed by the Council of the Town of Tillsonburg on the sth day of June 2012, under Section 34 of the Planning Act, 1990 and required notice having been given. TAKE NOTICE that as no appeal was filed under Subsection (19) of The Planning Act, 1990, within the time allowed for appeal, By-law No. 3813 shall be deemed to have come into force on the day it was passed. Dated at the Town of Tillson burg This 5th day of May, 2012. Donna Wilson Clerk, Town of Tillsonburg CORPORATE OFFICE 200 Broadway, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone (519) 688-3009, Fax (519) 842-9431 www.tillsonburg.ca The Corporation of the Town of Tillson burg Office of the Mayor April 4, 2014 To the Attention of Members of Council, CAO, Clerk and Citizens-Town of Tillsonburg This is to advise, effective April 30' 2014, I will be stepping down as Mayor. After much deliberation, I have made this decision for personal reasons related to my family. This has been an incredible journey serving proudly as the Mayor of the Town of Tillson burg. It is an honour and privilege to have served with pride the Town of Tillsonburg in this capacity. During my lifetime, my family has always been a number one priority in the decisions I have made over the years. It is no different today, thus I am listening to the "voices" around me . Thank you to those who expressed their confidence by electing me to this high Municipal office, my appreciation is extended to the staff in our community who deliver the high level of service funded by the taxpayer and to members of Council for the collective efforts to move Tillsonburg forward during the last 31/2 years. I have given it my best each day and have no regrets,