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200525 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg COUNCIL MEETING AGENDA Monday, May 25, 2020 4:30 PM Electronic Meeting 1.Call to Order 2.Closed Session Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT Council move into Closed Session to consider a proposed or pending acquisition or disposition of land by the Town; (Highway 3 Lands) 2.1 Adoption of Agenda 2.2 Disclosures of Pecuniary Interest and the General Nature Thereof 2.3 Adoption of Closed Session Council Minutes 2.4 Reports 2.4.1 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality (Highway 3 Lands) 2.4.2 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality (Highway 3 Lands) 3.Adoption of Agenda Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council meeting of Monday, May 25, 2020, be adopted. 4.Moment of Silence 5.Disclosures of Pecuniary Interest and the General Nature Thereof 6.Adoption of Council Minutes of Previous Meeting Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT the Minutes of the Council meeting of Monday, May 11, 2020, be approved. 7.Presentations 8.Public Meetings 9.Planning Applications 10.Delegations 10.1 Ian McIntyre - Re: Traffic concerns on Wilson Ave Presented by: Ian McIntyre Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT Council receive the delegation from Ian McIntrye, as information. 10.2 Tillsonburg BIA - Re: Updated MOU with the Tillsonburg BIA and Request to allow pop up patios on Town property Presented by: Mark Renaud, Executive Director Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT Council receive the delegation from the Tillsonburg BIA, as information. 11.Deputation(s) on Committee Reports 11.1 CLK 20-20 COVID-19 Task Force Recommendations Proposed Resolution #6 Moved By: ________________ Page 2 of 298 Seconded By: ________________ THAT Council receives Report CLK 20-19 COVID-19 Taskforce Recommendations, as information. 12.COVID-19 13.Information Items 13.1 Correspondence - City of Woodstock Support Resolution 13.2 Correspondence - Township of Zorra Support Resolution Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT Council receives the correspondence from the City of Woodstock dated May 8, 2020, and the correspondence from the Township of Zorra dated May 13, 2020. 14.Staff Reports 14.1 Chief Administrative Officer 14.2 Clerk's Office 14.2.1 CLK 20-21 County Council Composition and Election of Head of Council Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT the County of Oxford be requested to change the status quo to increase the number of representatives on County Council effective the next term of Council so that the Town of Tillsonburg has 2 members; and THAT the Warden be selected from an election at large. 14.3 Development and Communication Services 14.4 Finance 14.4.1 FIN 20-18 2020 Purchasing Policy 5-006 Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT Council receives report FIN 20-18 2020 Purchasing Policy 5-006; Page 3 of 298 AND THAT a By-Law to amend Schedule A of By-Law 3967 be brought forward for Council’s consideration. 14.4.2 FIN 20-19 Final 2020 Tax Rates Proposed Resolution #10 Moved By: ________________ Seconded By: ________________ THAT Council receives report FIN 20-19 2020 Budgetary Estimates and Tax Rates; AND THAT a By-Law to provide for the adoption of budgetary estimates, tax rates, installment due dates and to further provide for penalty and interest on default of payment thereof for 2020 be brought forward for Council consideration. 14.4.3 FIN 20-20 COVID 19 Development Charge Collection Deferral Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT Council receives report FIN 20-20 COVID 19 Development Charge Collection Deferral for information; AND THAT council authorizes the Chief Building Official to enter into agreements with developers to defer the payment of the Town’s portion of the Development Charges for permits issued & released between May 26 and July 31, 2020; AND THAT during this period the date of collection for the Town’s portion of Development Charges be changed from the time of Building Permit to the time of Occupancy Permit. 14.5 Fire and Emergency Services 14.5.1 FRS 20-04 Fire Communications Agreement - Orangeville Proposed Resolution #12 Moved By: ________________ Seconded By: ________________ THAT Council receives Report FRS 20-04 Fire Communications Agreement - Orangeville for information; AND THAT a By-Law to authorize an agreement with the Corporation of the Town of Orangeville for the provision of Fire Dispatch and Communications services, be brought forward for Council's consideration. Page 4 of 298 14.5.2 FRS 20-05 Fire Communications Agreement - Shelburne Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ THAT Council receives Report FRS 20-05 Fire Communications Agreement – Shelburne for information; AND THAT the capital costs in the amount of 12,300 be debt financed; AND FURTHER THAT a By-Law to authorize an agreement with the Shelburne and District Fire Board of Management for the provision of Fire Dispatch and Communications services, be brought forward for Council's consisderation. 14.5.3 FRS 20-06 Fire Communications Agreement - Grand Valley Proposed Resolution #14 Moved By: ________________ Seconded By: ________________ THAT Council receives Report FRS 20-06 Fire Communications Agreement – Grand Valley for information; AND THAT the capital costs in the amount of 12,300 be debt financed; AND FURTHER THAT a By-Law to authorize an agreement with the Grand Valley and District Fire Department for the provision of Fire Dispatch and Communications services, be brought forward for Council's consideration. 14.5.4 FRS 20-07 Fire Communications Agreement - Mulmur Proposed Resolution #15 Moved By: ________________ Seconded By: ________________ THAT Council receives Report FRS 20-07 Fire Communications Agreement – Mulmur Melancthon for information; AND THAT the capital costs in the amount of 12,300 be debt financed; AND FURTHER THAT a By-Law to authorize an agreement with the Mulmur Melancthon Fire Board for the provision of Fire Dispatch and Communications services, be brought forward for Council’s consideration. 14.6 Operations 14.7 Recreation, Culture & Park Services Page 5 of 298 14.7.1 RCP 20-24 Establishing a Pedestrian Connection From Langrell Ave to Broadway Proposed Resolution #16 Moved By: ________________ Seconded By: ________________ THAT Council receives Report RCP 20-24 - Establishing a Pedestrian Connection From Langrell and James Avenues to Broadway; AND THAT Council authorizes staff to develop and procure a pedestrian connection to Broadway from James Avenue and Langrell Avenue; AND THAT CJDL Consulting Engineers be engaged as a single-source provider to develop the plan for this connection at a cost not to exceed $6,500 plus taxes; AND THAT the $31,500 Trails Master Plan Implementation Project approved in the 2019 capital budget be cancelled and the funds be repurposed as a new capital project to establish the pedestrian connection from James and Langrell Avenues to Broadway. 14.7.2 RCP 20-25 Planning a New Park for Northcrest Estates Proposed Resolution #17 Moved By: ________________ Seconded By: ________________ THAT Council received Report RCP 20-25 Planning a New Park for Northcrest Estates; AND THAT Council authorizes staff to contract with Ron Koudys Landscape Architects (RKLA) to prepare a design for and oversee the construction of the new neighbourhood park being established as part of the Northcrest Estates subdivision; AND THAT the funds to design and install the park amenities are to come from the $85,000 in residential Development Charges approved for that purpose supplemented with a $37,665 cash in lieu of parkland contribution agreed to by the developer; AND THAT the budget to establish the new park including design and installation is set at $122,665. 14.7.3 RCP 20-26 An Updated MOU with the Tillsonburg Downtown BIA Proposed Resolution #18 Moved By: ________________ Page 6 of 298 Seconded By: ________________ THAT Report RCP 20-26 An Updated Memorandum of Understanding with the Tillsonburg Downtown Business Improvement Association be received; AND THAT the Town of Tillsonburg enters into an updated Memorandum of Understanding (MOU) with the Tillsonburg Downtown Business Improvement Association; AND THAT for 2020, the MOU reflect a reduced scope in light of the COVID-19 pandemic but that the complete scope be implemented for 2021; AND THAT the net $24,785 cost required to implement the MOU for 2020 is sourced from the tax rate stabilization reserve; AND THAT a By-law be brought forward for Council’s consideration. 15.New Business 16.Consideration of Committee Minutes 16.1 Committee Minutes Proposed Resolution #19 Moved By: ________________ Seconded By: ________________ THAT Council receives the COVID-19 Task Force minutes dated May 6, May 13, and May 20, 2020, as information. 16.2 Long Point Region Conservation Authority Board Minutes Proposed Resolution #20 Moved By: ________________ Seconded By: ________________ THAT Council receives the Long Point Region Conservation Authority Minutes dated February 28, 2020 and April 22, 2020, as information. 17.Motions/Notice of Motions 18.Resolutions/Resolutions Resulting from Closed Session 19.By-Laws 19.1 A By-Law to authorize an agreement with the Corporation of the Town of Orangeville 19.2 A By-Law to authorize an agreement with Shelburne and District Fire Board of Page 7 of 298 Management 19.3 A By-Law to authorize an agreement with Grand Valley and District Fire Department 19.4 A By-Law to authorize an agreement with the Mulmur-Melancthon Fire Board 19.5 A By-Law to provide for the Adoption of Budgetary Estimates, Tax Rates and to Further Provide for Penalty and Interest in Default of Payment thereof for 2020 19.6 A By-Law to authorize a Memorandum of Understanding with the Tillsonburg Business Improvement Association Proposed Resolution #21 Moved By: ________________ Seconded By: ________________ THAT A By-Law to authorize an agreement with the Corporation of the Town of Orangeville; and A By-Law to authorize an agreement with Shelburne and District Fire Board of Management; and A By-Law to authorize an agreement with Grand Valley and District Fire Department; and A By-Law to authorize an agreement with the Mulmur-Melancthon Fire Board; and A By-Law to provide for the Adoption of Budgetary Estimates, Tax Rates and to Further Provide for Penalty and Interest in Default of Payment thereof for 2020; and A By-Law to authorize a Memorandum of Understanding with the Tillsonburg Business Improvement Association, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 20.Confirm Proceedings By-law Proposed Resolution #22 Moved By: ________________ Seconded By: ________________ THAT By-Law 2020-048, to Confirm the Proceedings of the Council Meeting held on May 25, 2020, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 21.Items of Public Interest 22.Adjournment Page 8 of 298 Proposed Resolution #23 Moved By: ________________ Seconded By: ________________ THAT the Council Meeting of Monday, May 25, 2020 be adjourned at ______ p.m. Page 9 of 298 1 MINUTES Monday, May 11, 2020 4:30 PM Electronic Meeting ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: Kyle Pratt, Chief Administrative Officer Michelle Smibert, Town Clerk Kevin De Leebeeck, Director of Operations Dave Rushton, Director of Finance Rick Cox, Director of Recreation, Culture and Parks Gord Roesch, Acting Fire Chief Amelia Jaggard, Deputy Clerk _____________________________________________________________________ 1. Call to Order The meeting was called to order at 4:30 p.m. 2. Closed Session Resolution # 2020-215 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council move into Closed Session to consider advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Tillsonburg Airport); and Page 10 of 298 2 A proposed or pending acquisition or disposition of land by the municipality (Highway 3 Lands). Carried 2.1 Adoption of Agenda 2.2 Disclosures of Pecuniary Interest and the General Nature Thereof 2.3 Adoption of Closed Session Council Minutes 2.4 Reports 2.4.1 239 (2) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (Tillsonburg Airport) 2.4.2 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality (Highway 3 Lands) 3. Adoption of Agenda Resolution # 2020-216 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT the Agenda as prepared for the Council meeting of Monday, May 11, 2020, be adopted. Carried 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 6. Adoption of Council Minutes of Previous Meeting Resolution # 2020-217 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT the Minutes of the Council meeting of April 27, 2020, be approved. Carried Page 11 of 298 3 7. Presentations 8. Public Meetings 9. Planning Applications 10. Delegations 11. Deputation(s) on Committee Reports 11.1 RCP 20-22 Recreation and Sports Advisory Committee Year-End Report Eugene Todd, Chair of Recreation and Sports Advisory Committee, participated in the meeting to provide an update from the Committee. Opportunity was provided for comments and questions from Council. Resolution # 2020-218 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives Report RCP 20-22 Recreation and Sports Advisory Committee Year-End Report, as information. Carried 11.2 RCP 20-23 Parks, Beautification and Cemetery Advisory Committee Year-End Report Paul DeCloet, Chair of Parks, Beautification and Cemetery Advisory Committee, participated in the meeting to provide an update from the Committee. Opportunity was provided for comments and questions from Council. Resolution # 2020-219 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives Report RCP 20-23 Parks, Beautification and Cemetery Advisory Committee Year-End Report, as information. Carried 11.3 CLK 20-19 COVID-19 Task Force Recommendations Page 12 of 298 4 Finance Department to provide a report in response to the Task Force recommendations for Council's consideration. Resolution # 2020-220 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives Report CLK 20-19 COVID-19 Taskforce Recommendations, as information; AND THAT Council supports the Task Force recommendations and that staff be directed to bring back a report for Council's consideration; AND FURTHER THAT to clarify the development charge motion refers to a deferral of payment. Carried 12. COVID-19 13. Information Items 13.1 CN Rail - CN Right of Way Vegetation Control Resolution # 2020-221 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives the correspondence from CN Rail dated May 4, 2020, as information. Carried 14. Quarterly Reports 14.1 FIN 20-17 2020 First Quarter Consolidated Financial Results Resolution # 2020-222 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives Report FIN 20-17 2020 First Quarter Consolidated Financial Results, as information. Carried Page 13 of 298 5 14.2 FIN 20-16 2020 First Quarter Corporate Services Results 14.3 DCS 20-09 2020 First Quarter Economic Development and Marketing Results 14.4 DCS 20-08 2020 First Quarter Building Planning By-Law Services Results 14.5 FRS 20-03 2020 First Quarter Fire Services Results 14.6 OPS 20-21 2020 First Quarter Operations Services Results 14.7 RCP 20-19 2020 First Quarter Recreation, Culture and Parks Results Staff noted that an RFT for hydro infrastructure work at the VIP Industrial Park is in progress and the date of release is unknown at this time. Staff noted that the Airport Manual is in progress and is scheduled for completion in the second quarter. Resolution # 2020-223 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receives the 2020 First Quarter Department Results, as information. Carried 15. Staff Reports 15.1 Chief Administrative Officer 15.2 Clerk's Office 15.3 Development and Communication Services 15.3.1 DCS 20-07 Sign By-Law Amendment – COVID-19 Geno Vanhaelewyn, Chief Building Official, was present to answer questions. Resolution # 2020-224 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives Report DCS 20-07; Sign By-Law Amendment – COVID-19 as information; Page 14 of 298 6 AND THAT a By-Law to amend By-Law 3798, being a by-law to prohibit or regulate signs and other advertising devices and the posting of notices within the Town of Tillsonburg, be brought forward for Council’s consideration; AND THAT a By-Law to amend By-Law 2020-001, being a Schedule of Fees for certain Municipal applications, services and permits in the Town of Tillsonburg, be brought forward for Council’s consideration. Carried 15.3.2 DCS 20-10 Rouse Street Servicing Easement Resolution # 2020-225 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receives Report DCS 20-10 Rouse Street Servicing Easement; AND THAT a By-Law authorizing the Mayor and Clerk to enter into an agreement with the Future Transfer Co. Inc. for an easement across the property described as Parts 1, 2 and 3, Plan 41R-8031 in the Town of Tillsonburg, County of Oxford, and more particula rly, as Part 1, Plan 41R-9989, be brought forward for Council’s consideration. Carried 15.4 Finance 15.5 Fire and Emergency Services 15.6 Operations 15.6.1 OPS 20-22 Airport Hangar Taxiway G1 Lot 4 Land Lease Agreement Resolution # 2020-226 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receives Report OPS 20-22 Taxiway G1 Lot 4 Land Lease Agreement; Page 15 of 298 7 AND THAT a By-law to execute the Hangar Land Lease Agreement for Taxiway G1 Lot 4 with Russell Catton, be brought forward for Council’s consideration. Carried 15.6.2 OPS 20-23 Results for RFP 2020-005 Consulting Services for Pavement Condition Assessments Resolution # 2020-227 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receive Report OPS 20-23 Results for RFP 2020- 005 Consulting Services for Pavement Condition Assessments; AND THAT Council award RFP 2020-005 to Englobe Corp. of Brantford, ON at a cost of $35,152.99 (net HST included), the highest scoring proposal received. Carried 15.7 Recreation, Culture & Park Services 15.7.1 RCP 20-20 Tillsonburg 2020 Canada Day Resolution # 2020-228 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives Report RCP 20-20 Tillsonburg 2020 Canada Day; AND THAT all Canada Day activities organized by the Town of Tillsonburg for July 1, 2020 hereby are cancelled. Carried 15.7.2 RCP 20-21 LLWP 2020 Operating Season Staff noted that the slide manufacturer is anticipating delivery by end of June. Page 16 of 298 8 Resolution # 2020-229 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives Report RCP 20-21 Lake Lisgar Waterpark 2020 Operating Season. Carried 16. New Business 17. Consideration of Committee Minutes 17.1 Committee Minutes Resolution # 2020-230 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receives the COVID-19 Task Force minutes dated April 29, 2020, as information. Carried 18. Motions/Notice of Motions 19. Resolutions/Resolutions Resulting from Closed Session 20. By-Laws 20.1 By-Law 2020-044, to enter in an Airport Hanger Land Lease Agreement with Russell Catton 20.2 By-Law 2020-045, to amend By-Law 3798 (Sign By-Law) 20.3 By-Law 2020-046, to amend Schedule A of By-Law 2020-001 (Schedule of Fees) 20.4 By-Law 2020-047, to enter in an agreement with the Future Transfer Co. Inc. Resolution # 2020-231 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT By-Law 2020-044, to enter in an Airport Hanger Land Lease Agreement with Russell Catton; and Page 17 of 298 9 By-Law 2020-045, to amend By-Law 3798 (Sign By-Law); and By-Law 2020-046, to amend Schedule A of By-Law 2020-001 (Schedule of Fees); and By-Law 2020-047, to enter in an agreement with the Future Transfer Co. Inc., be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 21. Confirm Proceedings By-law Resolution # 2020-232 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT By-Law 2020-043, to Confirm the Proceedings of the Council Meeting held on May 11, 2020, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 22. Items of Public Interest Visit www.annandalenhs.ca to view Annandale National Historic Site’s first online exhibition. Director of Operations provided the following construction updates: Oxford St./Simcoe St. rehabilitation project is underway and expected to be completed by early September, 2020. Rouse St. sanitary and sewer installation project is underway. Concession St. W. reconstruction project is underway and it anticipated to be completed in July, 2020. Oxford County road Oxford Rd 20 near Brownsville is under construction and the work is expected to be completed in June, 2020. MTO construction project from Simcoe St. at Highway 3 to Delhi is expected to last the duration of the construction season. Page 18 of 298 10 Fibre installation companies in Tillsonburg have begun restoration work and will begin installing new fibre in the next couple weeks. Tillsonburg transfer station large item depot has temporarily reopened for the week of May 11, 2020, with access determined by property address. Visit tillsonburg.ca for more information. The next regular Council meeting will be held on Monday, May 25, 2020 at 6:00 p.m. via video conference. 23. Adjournment Resolution # 2020-233 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Council Meeting of Monday, May 11, 2020 be adjourned at 8:12 p.m. Carried Page 19 of 298 Council Delegation Request Members of the public or citizen group may submit a Delegation Request to speak at a regular meeting of Council. Please complete the following information if you wish to make a presentation during a regular meeting of Council. Meetings are held in the Council Chamber, Corporate Office, 200 Broadway, Second Floor, Tillsonburg.  Delegations take place near the beginning of the meeting and are allowed 15 minutes for their presentation; ten (10) minutes is meant for the presentation and the remaining five (5) minutes is to allow for comments and questions from Council.  Please note the following: Information provided on this form will be publicly available; Council meetings are publicly broadcasted and recorded. Page 20 of 298 First Name * Ian Last Name * McIntyre Street Address * 1 Jackson Court. in Hickory Hills Adult  Community Town/City * Tillsonburg Ontario Postal Code * N4G5R3 Phone Number * 519-409-0611 E-mail * themcintyres@rogers.com Website www.hickoryhills.ca Do you or any members of your party require accessibility accommodations? *  Yes  No Council Meeting Date * May 25th 2020 Subject of Delegation * A significant increase in traffic volume on Wilson Ave, due to a large  increase in residential family dwellings west of Hickory Hills. Name(s) of Delegates and Position(s) * Ian McIntyre: Property & Maintenance Director  (H.H.R.A.) Heather Rand: President, Hickory Hills  Residents Association.(H.H.R.A.) Alan Field: Wilson Ave. Resident, Sub- committee member and Community Center   Volunteer. Name of Group or Person(s) being represented (if applicable) Hickory Hills Residents Association(H.H.R.A.) I acknowledge Delegations are limited to fifteen (15) minutes each. *  I accept Page 21 of 298 Brief Summary of Issue or Purpose of Delegation * Hickory Hills residents have noticed a significant increase in traffic volume, noise and exceeding the  posted speed limits on Wilson Ave. which is the main road running through our senior community of 437  homes. The bulk of this increase in traffic volume is coming from new development(s) west of Wilson  Ave. The adjoining community residents are primarily using Dereham Dr,east, to Wilson Ave. as a  shortcut for commuting to and from work, as well as access to shops and other amenities along  Broadway,Tillson Ave. and Simcoe St. The increase in commuter traffic now also includes an increase in commercial vehicles, school buses  and mid size trucks etc. We've noticed a significant increase in both noise levels and speed, as drivers  rush through this senior community to their destinations. The health and safety of both Hickory Hills  residents and those in adjoining communities is at high risk. As responsible citizens, we appreciate the  opportunity and look forward to addressing and working with the Mayor and Councillors to arrive at a  mutually acceptable solution to this growing problem. Our objective is to manage and reduce the volume of traffic, increased noise levels and excessive  speed, and in doing so, avoid the risk of injuries and/or worse, while maintaining the quality of life in  Hickory Hills and adjacent residential communities. Thank you. Will there be a Power Point presentation? *  Yes  No Have you been in contact with a Staff member regarding the Delegation topic? *  Yes  No I acknowledge that all presentation material must be submitted to the Clerk's Office by 4:30 p.m. the Wednesday before the Council meeting date.  I accept Page 22 of 298 Thank You Personal information on this form is collected under the legal authority of the Municipal Act, as amended.  The information is collected and mainted for the purpose of creating records that are available to the general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act.  Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200 Broadway Street, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone 519-688-3009 Ext. 4040. Page 23 of 298 Presentation to the Mayor and Councilors of the Town of Tillsonburg Ontario. Issue: Significant increase in Traffic Volume and associated safety concerns: The Hickory Hills Residents Association (H.H.R.A.) appreciates the opportunity to present our concerns and recommendations regarding the significant increase in traffic volume along Wilson Ave, the main road running north and south through our senior community. There has been a significant and noticeable increase in traffic volume, noise pollution levels and speeding on Wilson Avenue, most noticeably in the last year and a half, due to the rapid growth in new residential homes west and northwest of our town. Residents have noticed and addressed their concerns about the growing increase in the number of vehicles (both residential and commercial), using Wilson Ave as a short cut, travelling to and from work and when shopping in the downtown areas, etc. A number of these vehicles exceed the posted speed limit of 50km/hr. when travelling both north and south bound along Wilson Ave. The volume of traffic is heaviest along Wilson Ave, to and from Baldwin and Dereham Dr. especially during the morning and evening rush hour. School buses transporting students from and to neighbouring communities are also using Wilson Ave. as their shortcut. Hickory Hills as you know is an established retirement community consisting of 437 homes; many of our senior residents deal with hearing, vision, cognitive and mobility issues, putting them at higher risk of injury when traveling along, or attempting to cross Wilson Ave. As the warm weather approaches, elderly residents use their mobility scooters to get around, while attempting to avoid vehicles by staying close to the curb on Wilson Ave. Adults and children from adjacent communities also walk and cycle along Wilson Ave, often cautiously crossing the busy main road when it’s convenient, rather than having to travel further to the one and only designated crosswalk, in order to cross over safely. Note: The only other option is a stop sign on Wilson Ave at Dereham Dr. Unfortunately some drivers when rushing to their destinations fail to make a complete stop, further endangering pedestrians, cyclists and those on mobility scooters. Given the concerns outlined above, we submit the following proposed solutions, a combination of which should help in reducing the volume of traffic, speeding and associated noise levels in Hickory Hills and adjoining residential areas. The overall health and safety of all residents is what’s at stake here. We firmly believe that addressing and sharing these concerns with our Councilors and Mayor will result in implementing corrective measures and preventing the probability of accidents, bodily injuries or worse in the future. Cont’d Page 2 Hickory Hills Residents Association 48 Wilson Avenue, Tillsonburg, ON N4G 5L6 (519) 688-0904 HHRA.office@Bellnet.ca Page 24 of 298 -2- Recommendations: • Volume of traffic: Reduce the increasing and steady volume of traffic on Wilson Ave by changing Dereham Dr. west of Wilson Ave, to a “one way” street going westbound and ending at Denrich or Charlotte. The Hickory Hills community homes end at Denrich with 3 homes on the north side and 5 homes on the south end. • Speed Limit: Change the speed limit on Wilson to 40km / hour. Several other municipalities in Ontario have done this to reduce speeding and the number of accidents and related injuries. We understand that Tillsonburg has also implemented lower speed limits in some sub-divisions for safety reasons. • Speed Limit signs: Install additional speed limit signs starting with one on Wilson Ave northbound at the Baldwin intersection; this is the main entrance into the Hickory Hills Adult Community. The other speed limit signs can be strategically positioned along Wilson Ave. north and southbound. • Stop Signs: Install additional stop signs along Wilson Ave at the various intersections in Hickory Hills. • Random Speed Checks: OPP assistance needed to conduct frequent and random speeding checks on Wilson Ave, to monitor and hopefully discourage drivers from speeding. Their presence and support definitely helps and provides our senior residents with a sense of safety and security. • Caution Signs: Install “slow down” signs indicating a “senior retirement community” at main entrance points on Wilson Ave, including one at Dereham Dr. These would be similar to the ones denoting children at play, pedestrian crossings etc. • Speed Monitors: The installation of temporary Speed Monitors in both directions on Wilson Ave showing the speed limit as well as driver’s actual travel speed in these zones. Encourages drivers to slow down. • Speed Bumps: As a last resort and only if the above-mentioned recommendations fail to resolve the problems, consider installing the least disruptive, lower height and wider version of speed bumps. Railroad crossings use a rubberized version to deaden sound and prevent damage to the underside of vehicles. Submitted by the committee on behalf of the Hickory Hills Residents Assoc. (H.H.R.A.) Heather Rand, Board president, Hickory Hills Residents Association (intro/participant) Ian McIntyre, resident Board & committee member (participant & speaker) Alan Field, resident volunteer & committee member (participant) Doug Field, resident committee member (not in attendance) Page 25 of 298 Page 1 of 3 Subject: COVID-19 Task Force Recommendations Report Number: CLK 20-20 Author: Michelle Smibert, Town Clerk Meeting Type: Council Meeting Meeting Date: Monday, May 25, 2020 RECOMMENDATION THAT Council receives Report CLK 20-19 COVID-19 Taskforce Recommendations, as information. BACKGROUND At the COVID-19 Task Force meeting on May 6, 2020, the committee passed the following resolution: Moved by: Deputy Mayor Beres Seconded by: Karen Devolin WHEREAS THAT the Town of Tillsonburg has a larger percentage of retirement age residents than most Ontario Communities , it is recommended that Council requests the Province through the Southwestern Public Health Unit to set up a public COVID-19 testing clinic in the Town as soon as possible. Carried DISCUSSION CONSULTATION FINANCIAL IMPACT/FUNDING SOURCE COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☐ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities Page 26 of 298 CLK 20-20 Page 2 of 3 ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☒ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living ATTACHMENTS Page 27 of 298 CLK 20-20 Page 3 of 3 Report Approval Details Document Title: CLK 20-20 COVID-19 Task Force Recommendations.docx Attachments: Final Approval Date: May 20, 2020 This report and all of its attachments were approved and signed as outlined below: Kyle Pratt - May 20, 2020 - 7:03 AM Page 28 of 298 May 8, 2020 Michelle Smibert, Town Clerk Town of Tillsonburg 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 Via e-mail – msmibert@tillsonburg.ca Re: Carbon Tax At the regular Council meeting held on May 7, 2020, Woodstock City Council considered your correspondence dated April 17th, 2020. The following resolution was passed in response: “That Woodstock City Council supports the resolution received from the Town of Tillsonburg from its April 14, 2020 Council meeting requesting Prime Minister Justin Trudeau to roll back the $10 per tonne or 50% increase in the carbon tax which came into effect on April 1st, 2020; And further that this resolution be forwarded to the Town of Tillsonburg and Oxford MP Dave MacKenzie.” Yours Truly, Amelia Humphries, City Clerk Cc: via e-mail The Honourable Dave MacKenzie, Oxford MP dave.mackenzie@parl.gc.ca Office of the City Clerk Woodstock City Hall P.O. Box1539 500 Dundas Street Woodstock, ON N4S 0A7 Telephone (519) 539-1291 Page 29 of 298 Page 30 of 298 Page 31 of 298 TOWNSHIP OF ZORRA 274620 27th Line, PO Box 306 Ingersoll, ON, N5C 3K5 Ph. 519-485-2490 • 1-888-699-3868 • Fax 519-485-2520 Website www.zorra.ca • Email admin@zorra.ca May 13, 2020 Prime Minister Trudeau Via email justin.trudeau@parl.gc.ca Dear Prime Minister Trudeau: RE: Carbon Tax At our Council meeting on May 6, 2020, the following resolution was passed: Resolution 24-05-20 “THAT the Township of Zorra supports the resolution by the Town of Tillsonburg regarding the increase in the carbon tax, which came into effect on April 1, 2020; AND THAT notice of this support be forwarded to: The Town of Tillsonburg, Justin Trudeau, Prime Minister, Jonathon Wilkinson, Minister of the Environment and Climate Change, Bill Morneau, Minister of Finance, and Dave MacKenzie, MP for the riding of Oxford.” Yours truly, Donna Wilson Director of Corporate Services Encl. CC: Town of Tillsonburg msmibert@tillsonburg.ca Jonathon Wilkinson, Minister of Environment and Climate Change Jonathan.Wilkinson@parl.gc.ca Bill Morneau, Minister of Finance email Bill.Morneau@parl.gc.ca Dave MacKenzie, MP for Riding of Oxford email dave.mackenzie.c1a@parl.gc.ca 20-025 Page 32 of 298 Page 33 of 298 Page 34 of 298 Page 1 of 4 Subject: County Council Composition and Election of Warden Report Report Number: CLK 20-21 Author: Michelle Smibert Meeting Type: Council Meeting Meeting Date: Monday, May 25, 2020 RECOMMENDATION: THAT the County of Oxford be requested to change the status quo to increase the number of representatives on County Council effective the next term of Council so that the Town of Tillsonburg has 2 members; and THAT the Warden be selected from an election at large. BACKGROUND: At the April 27th, 2020 Council meeting, direction was given to staff to provide a report on the addition of a second county councillor for Tillsonburg, to review the options for the selection of Warden and to provide other information as part of the review including at-large members. DISCUSSION: 1)Tillsonburg Council representation – attached please find Report dated April 24, 2017 written by the Clerk that recommended the addition of another county councilor to represent the interests of Tillsonburg. So even as far back as 2017, there has been a desire by the Town of Tillsonburg to have one additional county councillor (2 in total). Although the current allotment of one county councilor from Tillso nburg achieves the status quo of the ten member council to provide 50% representation for urban municipalities and 50% representation for rural municipalities, there is a discrepancy in terms of representation by population. For example, if we use the numb ers for 2022 in the County Report, you will see that municipalities such as Blandford-Blenheim, East Zorra-Tavistock, South-West Oxford and Zorra all have around 8,000 residents per County Councillor while Tillsonburg has the highest number of residents per County Councillor at 17,590. If you assume that the threshold for one councilor is 8,000 residents then Tillsonburg should have 2 members sitting on County Council. The increase in the number of Councillors for Tillsonburg will likely trigger a review of the number of Councillors for both Ingersoll and Woodstock. I understand that the composition has ensured the 50% representation from the urban municipalities and 50% representation from the rural Page 35 of 298 CLK -20-21 Page 2 of 4 municipalities but with growth normally occurring in urban areas, at some point there was going to be an imbalance that would need to be addressed. Most political systems in the Country use a representation by population formula. It upholds a basic principle of parliamentary democracy that all votes should be counted equally. I understand that different Counties configure their county council composition differently and some look at the population only so as the population increases then there is a trigger for additional members and if there is a population decline then the number of representatives are scaled back but there is always a guarantee that each municipality will have at least one representative at County Council. One of the reasons for this review of County Council is tied to the Provincial Government review of the County and the effective delivery of services. Given the Province’s announcement not to proceed with Regional Government in Oxford County at this time, there is likely an expectation that we perhaps look at a change in the status quo to ensure that the County has the most effective governance system in place to best serve all constituents in Oxford. What seems to be missing is a framework to help us identify what ideal County Council structure provides us with the “best system” as there are different perceptions or assumptions on what “best” really means. It can be argued that a balanced representation on Council comes in the form of a blended ward system and at-large system. We see this blended representation on most lower tier councils. While at-large members was not an option that appeared in the County report, this might be a matter worth exploring or perhaps the at -large member might be the Warden’s position which is discussed further in this report. Staff would like to note that we will continue to gather information and best practices as it relates to this matter but due to the current time restrictions and deadlines we want to be sure to provide some preliminary information to the County at this time. Additional reports/comments may be filed in the next few weeks with Council. 2) Election of the Warden – During the review completed in 2017, the Town of Tillsonburg supported the selection of the Warden on an election at large. The rationale for this was to ensure that the constituents had a say in who would lead County Council as opposed to those few already on County Council. There is a lot of research that compares the pros and cons of elections at large and the following are some of those pros:  Likely better to represent the entire County as opposed to a smaller area or community as there are already designated voices for each community;  The at large system promotes the concept of a municipal wide focus, with the Warden being elected by the County and concerned for the County as a whole rather than placing a priority on community interests;  With the responsibilities representing both local councils and leading a County, there might be an argument that many people don’t have the time to do both and may have to quit their jobs – an at large election might allow someone interested Page 36 of 298 CLK -20-21 Page 3 of 4 in serving the County to do so without also having to dedicate the time to serve at the local level as well;  The at-large system helps with the dual duty scenario where councillors have to serve two “masters” with ethical and practical dilemmas when the local priorities may be in conflict with County issues. CONSULTATION - Mayor Molnar FINANCIAL IMPACT/FUNDING SOURCE COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcom ing community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living ATTACHMENTS Appendix A – County of Oxford Report and Previous Town of Tillsonburg Report Appendix B – CLK 17-10 County Council Composition Page 37 of 298 CLK -20-21 Page 4 of 4 Report Approval Details Document Title: CLK 20-21 County Council Composition and Election of Head of Council.docx Attachments: - CLK 20-21 Appendix A - Council Composition Review.pdf - CLK 20-21 Appendix B - CLK 17-10 County Council Composition.pdf Final Approval Date: May 20, 2020 This report and all of its attachments were approved and signed as outlined below: Kyle Pratt - May 20, 2020 - 3:34 PM Page 38 of 298 Report No: CS 2020-11 CORPORATE SERVICES Council Date: March 11, 2020 To: Warden and Members of County Council From: Director of Corporate Services County Council Composition and Election of Head of Council (Warden) Review RECOMMENDATIONS 1. That County Council adopt the process and timelines to review the County of Oxford council composition and election of the head of council as set out in Report No. CS 2020-11 entitled “County Council Composition and Election of Head of Council (Warden) Review "; 2. And further, that a copy of this report be circulated to the Councils of the Area Municipalities for review and comment on or before May 15, 2020. REPORT HIGHLIGHTS  Outlines a process and timelines to meet the legislative requirement that Oxford County undertake a council composition review by December 1, 2020, to take effect at the beginning of the 2023-2027 term of council  Informs Council of options with respect to:  number of representatives which comprise Oxford County Council  election of the head of council (warden) and/or the term of the warden Implementation Points Upon conclusion of the legislated review of the County’s council composition, the Minister of Municipal Affairs and Housing will be notified accordingly and, if any changes are approved, the necessary steps as outlined in this report will be taken. Financial Impact This report has no financial implications beyond that approved within the 2020 Business Plan and Budget. The Treasurer has reviewed this report and agrees with the financial impact information. Page 1 of 8 Page 39 of 298 Report No: CS 2020-11 CORPORATE SERVICES Council Date: March 11, 2020 Risks/Implications The Province of Ontario, through the Modernizing Ontario’s Municipal Legislation Act, 2017, (Bill 68), requires all upper-tier municipalities to periodically undertake a review of the composition of their councils. The Ministry of Municipal Affairs and Housing has set a deadline of December 1, 2020 for the County of Oxford’s review. Failure to either initiate a change in council composition or affirm the existing council composition by December 1, 2020, may result in the Minister of Municipal Affairs and Housing intervening by imposing regulation to unilaterally change the composition of the upper-tier council. Strategic Plan (2015-2018) County Council adopted the County of Oxford Strategic Plan (2015-2018) at its regular meeting held May 27, 2015. The initiative contained within this report supports the Values and Strategic Directions as set out in the Strategic Plan as it pertains to the following Strategic Directions: 3. i. A County that Thinks Ahead and Wisely Shapes the Future – Influence federal and provincial policy with implications for the County by: - Advocating for fairness for rural and small urban communities - Advocating for federal and provincial initiatives that are appropriate to our county 4. i. A County that Informs and Engages - Harness the power of the community through conversation and dialogue by: - Providing multiple opportunities for public participation and a meaningful voice in civic affairs - Understanding and addressing public aspirations for a more livable community DISCUSSION Background The Municipal Act states that a key principle of fair representation is ensuring that local representation at the regional level keeps up with changing demographics over time. To ensure council composition continues to reflect local and demographic needs, the Municipal Act requires all regional municipalities to review their council composition. This requirement began after the 2018 municipal election and must be done within two years after every second regular municipal election. At its meeting of February 13, 2019, Oxford County Council received correspondence from the Minister of Municipal Affairs and Housing (Attachment 1), asking that work be paused with respect to a review of council composition as Oxford County was involved in the Regional Government Review at the time. Page 2 of 8 Page 40 of 298 Report No: CS 2020-11 CORPORATE SERVICES Council Date: March 11, 2020 At its January 22, 2020 meeting, Oxford County Council received correspondence from the Minister of Municipal Affairs and Housing (Attachment 2) requesting that Council continue its work to review its composition with a goal to adjust or reaffirm its composition by December 1, 2020. Although review of the election of the head of council for the County of Oxford is not a legislated requirement, County Council has expressed an interest in carrying out a concurrent review at this time to ensure the election process continues to effectively serve the County’s constituents. Comments Requirements and Considerations As indicated above, being a regional government the County is required by the Province of Ontario, through the Modernizing Ontario’s Municipal Legislation Act, 2017, (Bill 68), to undertake a review of its council composition by December 1, 2020. Options which can be considered with respect to council composition include the following:  Maintain the status quo of ten members of council (50% Urban, 50% Rural); or  Increase or decrease the number of representatives on County council effective with the next term of council. Options which can be considered with respect to the election of the Head of Council (Warden) include the following: Election from within:  Continue with council’s current process for electing a warden as outlined in the Procedure By-law which includes the election of a sitting member of County council for the entire term of council; or  Continue with the County’s current process for electing a warden as outlined in the Procedure By-law which includes the election of a sitting member of County council for the period of one year; or  Continue with the County’s current process for electing a warden as outlined in the Procedure By-law which includes the election of a sitting member of County council for the period of two years. Election at large:  In addition to electing a mayor and councillors at the local level, residents would be asked to elect a warden from ‘at large’ (without specificity to an area municipal ward or jurisdictional boundaries) on October 24, 2022 for the four year term of council.  Depending on the recommendations made with respect to the number of council representatives on council, election of a warden at large could potentially increase the number of members of County council by one. Page 3 of 8 Page 41 of 298 Report No: CS 2020-11 CORPORATE SERVICES Council Date: March 11, 2020 Public Meeting In accordance with section 218 subsection 173(3) of the Municipal Act with respect to restructuring, “Council shall consult with the public by giving notice of, and by holding, at least one public meeting”. It is proposed that a public meeting be held at the June 24, 2020 meeting of Council in regards to Council’s recommendations with respect to both the composition of County council and election of the warden. The manner and timing of notice of the public meeting will be in accordance with the County’s Public Notice Policy No. 6.13. Triple Majority Support Regional municipalities can either change their council composition by passing a by-law or affirm their council composition by adopting a resolution. If the regional municipality does not receive “triple majority” support for either by the deadline, the Minister of Municipal Affairs and Housing has the authority to make a regulation to change the regional municipality’s composition. Triple Majority Support is defined in the Municipal Act as follows: • “A majority of all votes on upper tier council”: o A majority of the members of County of Oxford Council is defined in subsection 237(1) of the Municipal Act as “a majority of members representing at least one- half of the lower-tier municipalities is necessary to form a quorum” • “A majority of all the lower-tier councils have passed resolutions consenting to the by- law” o Five Area Municipal Councils must be in support of the proposed by-law • “The total number of electors in the lower-tier municipalities that have passed resolutions consenting to the proposal form a majority of the electors of the upper-tier municipality” o The sum of the electors in the Area Municipalities who have passed resolutions in support of the proposed by-law must add up to a minimum of 40,934 electors (one half plus one) In the event that a regional government does not submit a position with respect to its council composition, the Minister can make regulation under subsection 14(7) of the Act to change the composition of council, which may include anything that could be included in a by-law of the upper-tier municipality under sections (1) to (5), having regard for the principle of representation by population. Table 1 below sets out the number of electors by Area Municipality for the purposes of meeting the triple majority requirements to constitute a change in council composition and for assessing the appropriateness of the County’s council representation based on the 2018 electorate listing and forecasted population growth figures presented in Table 2. Page 4 of 8 Page 42 of 298 Report No: CS 2020-11 CORPORATE SERVICES Council Date: March 11, 2020 Table 1 – Number of Electors by Area Municipality – 2018 Election Municipality Electors (2018) Township of Blandford-Blenheim 5,940 Township of East Zorra-Tavistock 5,157 Town of Ingersoll 9,264 Township of Norwich 7,711 Township of South-West Oxford 5,367 Town of Tillsonburg 12,583 City of Woodstock 29,669 Township of Zorra 6,174 Total Eligible Voters Oxford County (2018) 81,865 Majority 40,934 Table 2 – Population Growth Projections by Area Municipality Population1 Location 2016 20182 2021 20222 Oxford County 113,940 117,520 122,890 124,680 Woodstock 42,040 43,870 46,620 47,540 Ingersoll 13,110 13,560 14,240 14,470 Tillsonburg 16,310 16,740 17,380 17,590 Blandford-Blenheim 7,600 7,750 7,980 8,060 East Zorra-Tavistock 7,330 7,570 7,940 8,060 Norwich 11,310 11,530 11,850 11,960 South-West Oxford 7,880 7,980 8,140 8,190 Zorra 8,360 8,510 8,740 8,820 Source: 2019 growth forecasts (Hemson) 1. Forecasted population includes a net Census undercount of approximately 2.8%. 2. Annualized forecast estimates for 2018 and 2022 were derived from the Hemson five year interval forecasts, assuming straight line growth between intervals. 3. Numbers are rounded. Page 5 of 8 Page 43 of 298 Report No: CS 2020-11 CORPORATE SERVICES Council Date: March 11, 2020 The following table presents the population in each Area Municipality that is represented by council using the population from the year of the current term’s election compared to the population representation for councillor complement using the 2022 forecasted population figures. Table 3 – Representation by Population Comparison Municipality No. of Council Reps County Councillor Representation per Resident (2018) County Councillor Representation per Resident (2022)1 % Change Township of Blandford- Blenheim 1 7,750 8,060 4.0% Township of East Zorra- Tavistock 1 7,570 8,060 6.5% Township of Norwich 1 11,530 11,960 3.7% Township of South-West Oxford 1 7,980 8,190 2.6% Township of Zorra 1 8,510 8,820 3.6% Town of Ingersoll 1 13,560 14,470 6.7% Town of Tillsonburg 1 16,740 17,590 5.1% City of Woodstock 3 14,623 15,847 8.4% Total Oxford County 10 Note 1 – based on status quo council composition for next election year Page 6 of 8 Page 44 of 298 Report No: CS 2020-11 CORPORATE SERVICES Council Date: March 11, 2020 Proposed Timelines Staff recommends the following timelines in order to ensure the December 1, 2020 deadline for providing a response to the Province is met: Item Date Receive Area Municipal Input May 15, 2020 County Council consider input and draft position May 27, 2020 Public Meeting to consider Council’s draft position June 24, 2020 Set Final Position July 8, 2020 Receive Area Municipal Council consideration and formal position October 2, 2020 Consider Resolutions from Area Municipalities October 14, 2020 Adoption of By-law supporting Council’s position October 28, 2020 Conclusions The recommendations as contained within this report are in response to the January 9, 2020 correspondence from the Minister of Municipal Affairs and Housing outlining the County’s requirement to undertake a review of the County’s council composition. Failure to undertake a review by either proposing change or confirming status quo by December 1, 2020 may result in the Minister of Municipal Affairs and Housing intervening by imposing regulation to unilaterally change the County’s council composition. Page 7 of 8 Page 45 of 298 Report No: CS 2020-11 CORPORATE SERVICES Council Date: March 11, 2020 Including review of the County’s election of warden process concurrent with the legislated requirement for a council composition review will ensure our regional governance model effectively meets the needs of constituents of Oxford County in the future. SIGNATURES Report Author: Original signed by Chloé J. Senior Clerk Departmental Approval: Original signed by Lynn S. Buchner, CPA, CGA Director of Corporate Services Approved for submission: Original signed by Peter M. Crockett, P.Eng. Chief Administrative Officer ATTACHMENTS Attachment 1 – Correspondence received by Council February 13, 2019 Attachment 2 – Correspondence received by Council January 22, 2020 Page 8 of 8 Page 46 of 298 February 8, 2019 Dear Warden Martin: As I mentioned in my letter dated January 15, 2019, I have taken steps to move forward on the government’s commitment to review regional government that will focus on governance, service delivery and decision making. Indicated in the letter was the appointment of two special advisors, Michael Fenn and Ken Seiling, to conduct the review and provide me with recommendations. As you look forward to the year ahead in the course of this review, I wanted to acknowledge the legislative requirements for regional municipalities to undertake regular reviews of regional council composition after the 2018 municipal election. While not all municipalities are immediately impacted by this requirement, all regional municipalities may determine and change their composition. I encourage you to consider the context of the province’s regional government review when determining whether to begin an evaluation of regional council composition at this time, as the results of the province’s review may help inform your local actions. You may wish to consider an interim pause on any action towards evaluating your regional council composition while the early stages of the province’s review are in progress. If you have completed work or are planning to move forward with work on a review of regional council composition during the province’s review, I would encourage you to ensure that the special advisors have the benefit of that work and advice throughout your local process. Both Michael (Michael.Fenn2@ontario.ca) and Ken (Ken.Seiling@ontario.ca) are eager to get work underway to help the government deliver on the important commitment to ensure that municipal governments continue to work for the people and business community. Sincerely, Steve Clark Minister Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M5G 2E5 Tel.: 416 585-7000 Fax: 416 585-6470 Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto ON M5G 2E5 Tél. : 416 585-7000 Téléc. : 416 585-6470 Report No. CS 2020-11 Attachment No. 1 Page 47 of 298 Report No. CS 2020-11 Attachment No. 2Page 48 of 298 Page 49 of 298 Report Title County Council Composition Report No. CL 17-10 Author Donna Wilson, Town Clerk Meeting Type Council Meeting Council Date April 24, 2017 Attachments Oxford County Report CAO 2017-04 Excerpt Municipal Act Section 217 – 220 Changes to Council Page 1 / 3 CL 17-10 County Council Composition RECOMMENDATION THAT Council receives Report CL 17-10 County Council Composition; AND THAT Tillsonburg Town Council supports Option 4, that the Warden of Oxford County be elected at large and to expand the County Council seat by one. EXECUTIVE SUMMARY At the Council meeting of March 27, 2017 Council passed the following resolution and direction for staff. “Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive items 9.1 and 9.2, as information; AND THAT Council refers item 9.2, Head of Oxford County Council, regarding options to staff for review and that a report be brought to the April 24, 2017 Council meeting. Carried” OBJECTIVE To provide Council with options regarding the selection for the Head of Council (Warden) Oxford County Council. BACKGROUND Head of Council Report CAO 2017-04 Options for the Head of Council (Warden) Selection and Term was provided to Council at the March 27, 2017 Council meeting and direction was provided to staff to review the report and provide a report to Council. The options provided in the report were to remain status quo and to elect the Warden from within or to request the Minister enact a regulation to expand the County Council seat by one and to elect the head of Page 50 of 298 Page 2 / 3 County Council at large. The other options presented in the report were to continue to elect a Warden from within for a term of one (1) or two (2) year period. DISCUSSION Election from within (status quo) County Council’s current process, as outlined in the Procedure By-law (By-law No. 5852-2016) includes the election of a Warden from a sitting member of County Council from within, following the Municipal Election of the Council of the lower tier municipalities. Election at Large Recent changes to the Municipal Act set out in Section 218(1) 2.1 state that a regional municipality other than the County of Oxford, that the head of Council, shall be elected by general vote in accordance with the Municipal Elections Act. The County of Oxford is considered a regional municipality according to the Act however is exempt from Section 218(1)2.1. If Tillsonburg supports an election at large for the position of Warden, the Town would have to pass a resolution to support this process and forward to County Council as a recommendation for County Council deliberations. If County Council supports the recommendation then they would pass a resolution and forward to the Minister to request that the Minister make regulations authorizing the County to exercise its power to elect the Head of Council by general vote in accordance with the Municipal Elections Act. They would also require the Minister to approve a change in size of the upper tier council. Any change to the regulation by the Minister requires public posting on the registry for 45 days. Once the County receives the regulation then they are required to provide public notice of its intention to pass the by-law and hold at least one public meeting to consider the matter. The County’s policy is to provide 21 days’ notice prior to the public meeting. This proposal would increase the number of members to County Council by one and the Warden would represent the County as a whole. This method would provide more accountability to the electors of Oxford County. Tillsonburg Town Council must determine if they wish to remain at status quo, support the election of the Warden at large or if they support a change in the current term of Warden elected from within for a One (1) or two(2) year term. Consideration is given to the following four options for the election of the Warden in the 2018 Municipal Election: Option 1 (status quo) – Warden of Oxford County elected from within for a four (4) year term This option is the traditional method for electing the Head/Warden of Oxford County Council Page 51 of 298 Page 3 / 3 Option 2 – Warden of Oxford County elected from within with a two (2) year term This option is not a traditional term as traditionally the Warden is elected to coincide with the term of municipal elections for a four (4) year term. It has been said that a position of this magnitude requires more than a year or two of service to fully achieve the experience and expertise to manage the position. Option 3 – Warden of Oxford County elected from within with a one (1) year term This is not traditional and may not allow for the warden to achieve the experience and expertise to manage the position. Option 4 – Warden of Oxford County elected at large and expand County Council seat by one This option would provide for a transparent, accountable and fair method of choosing the Head of Oxford County Council. FINANCIAL IMPACT/FUNDING SOURCE None COMMUNITY STRATEGIC PLAN (CSP) IMPACT Section 1 – Excellence in Local Government 1.3 Demonstrate accountability – Citizens are aware of ongoing Council initiatives Page 52 of 298 Page 1 of 3 Subject: Purchasing Policy Report Number: FIN 20-18 Author: Sheena Pawliwec, CPA, CGA Meeting Type: Council Meeting Meeting Date: Monday, May 11, 2020 RECOMMENDATION THAT Council receives report FIN 20-18 2020 Purchasing Policy 5-006; AND THAT a By-Law to amend Schedule A of By-Law 3967 be brought forward for Council’s consideration. BACKGROUND The Municipal Act, 2001, Part VI, Section 271, as amended states that a municipality shall adopt policies with respect to its procurement of goods and services. As per the current policy and in accordance with sound operating procedures, the Town’s purchasing policy is to be reviewed and updated every five years or as deemed appropriate. The purpose of this policy is to set out guidelines for the Town of Tillsonburg to ensure that all purchases of materials, supplies and services provide the lowest costs consistent with the required quality and service. An open and honest proc ess shall be maintained that is fair and impartial, and the purchasing policy will promote and maintain the integrity of the purchasing process and protect Council, vendors and staff involved by providing clear direction and accountabilities. The objective of the policy is to ensure taxpayers can easily understand how their municipality operates, including: a) Best value is achieved consistent with the required quality and service; b) Integrity in the purchasing process; c) Openness, accountability and transparency and fair treatment of all bidders; d) Encouraging bids through e-bidding, newspaper(s) and website(s). DISCUSSION Amendments to upper spending limits have been made in consultation with our upper tier municipality, the County of Oxford. The purchasing threshold requiring Council approval of non-budgeted items in excess of $75,000 (County $100,000), and the inclusion of Council approval for budgeted purchases in excess of $750,000 ($1,000,000) have been specifically addressed. A red-lined version of the present Page 53 of 298 FIN 20-18 Page 2 of 3 Purchasing Policy as last updated in 2015 has been provided highlighting the various adjustments. Purchasing procedure documentation will be updated and approved by the Senior Leadership Team (SLT) upon policy approval. These procedural updates include documentation pertaining to the new Construction Act, process for debriefings, bid irregularities and complaint resolution. FINANCIAL IMPACT None COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability Attachments: Appendix A - 2020 Purchasing Policy 5-006 Appendix B - 2015 Purchasing Policy 5-006 – Redlined Appendix C – By-Law 3967 Schedule 'A' Report Approval Details Document Title: FIN 20-18 2020 Purchasing Policy 5-006.docx Attachments: - FIN 20-18 Appendix A - 2020 Purchasing Policy 5-006.docx - FIN 20-18 Appendix B - 2015 Purchasing Policy 5-006 - Redlined.docx - FIN 20-18 - Appendix C – By-Law 3967 Schedule 'A'.pdf Final Approval Date: May 5, 2020 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - May 5, 2020 - 8:55 AM Page 54 of 298 FIN 20-18 Page 3 of 3 Report Approval Details Document Title: FIN 20-18 2020 Purchasing Policy 5-006.docx Attachments: - FIN 20-18 - Appendix C - Bylaw 3967 Schedule 'A'.pdf - FIN 20-18 Appendix A - 2020 Purchasing Policy 5-006.docx - FIN 20-18 Appendix B - 2015 Purchasing Policy 5-006 - Redlined Condensed.pdf Final Approval Date: May 21, 2020 This report and all of its attachments were approved and signed as outlined below: Kyle Pratt - May 21, 2020 - 12:23 PM Page 55 of 298 FINANCE AND ACCOUNTING Policy 5-006: Purchasing Policy Approval Date: May, 11, 2020 Approval Authority: Council, By-Law #TBD Effective Date: May-11-2020 Next Scheduled Review Year: 2025 Department: Finance Last reviewed: April 21, 2020 Revision Date/s: Schedules: None Contents 1. DEFINITIONS .................................................................................................................................................. 2 2. POLICY STATEMENT ................................................................................................................................... 4 3. ESTABLISHING PRICE RANGE ................................................................................................................. 4 4. ACCOUNTABILITY ........................................................................................................................................ 6 5. PRESCRIBED COUNCIL APPROVAL ....................................................................................................... 6 6. EXCEPTIONS ................................................................................................................................................. 7 7. NO LOBBYING................................................................................................................................................ 7 8. HEALTH AND SAFETY ................................................................................................................................. 8 9. CO-OPERATIVE PURCHASING ................................................................................................................. 8 10. DISPOSAL OF SURPLUS ............................................................................................................................ 8 11. TIE BIDS .......................................................................................................................................................... 8 12. DELEGATION OF AUTHORITY TO PURCHASE ..................................................................................... 8 13. OTHER ............................................................................................................................................................. 8 Page 56 of 298 5-006 Page 2 of 9 1. DEFINITIONS In this By-Law: “Agent” shall mean the Treasurer or designate who has the sole authority to authorize, save and except the Mayor and Clerk, to execute contract documents on behalf of the Town; “Agreement” means a written document between the Town and another party upon legal consideration for the procurement of goods, services or construction pursuant to this policy. Also called “Contract”; “Award” means the acknowledgement of the authority to proceed to commit to an external Supplier(s) for acquisition of goods, services or construction. An Award can only be made after the relevant bid award form is signed or the Council resolution is ratified; “Best Value” means the optimal balance of performance and cost determined in accordance with a pre- defined evaluation plan which may include a cost/benefit analysis to define the best combinations of quality, service, time, and cost considerations over the useful life of the acquired item or for the immediate level of expected service and deliverable; "Bid" shall mean i. a specific price for specific works or ii. where appropriate, a proposal; “Bidder” means one who may or has submitted a response to an invitation to bid as issued by the Town; “Buyer” shall mean any employee procuring goods and services for the Town; “CAO” shall mean the Chief Administrative Officer of the Town of Tillsonburg; “Clerk” shall mean the Clerk of the Town appointed pursuant to the Municipal Act 2001, as amended, or in her absence, the Deputy-Clerk or such other person designated by the Council by resolution for the purposes of this By-Law; “Competitive Bidding Process” means a process for procurement of goods, services or construction whereby a prescribed method is used to solicit three or more bids or proposals. “Contract” means a written document between the Town and another party upon consideration for the procurement of goods, services or construction pursuant to this policy. Also called “Agreement”; “Department Manager” shall mean the individual or designate who is accountable for the budget and responsible for the operations of any single department or division within the Town; “Director” shall mean the individual accountable for the operation of overall departments within the Town; "Emergency" shall mean a situation, or the threat of an impending situation, where serious delay may affect the life, safety, health or welfare of the general public, cause damage to the environment or to the property of the residents of the Town, or to prevent serious damage, disruption of work, or to restore or to maintain essential service to a minimum level; Page 57 of 298 5-006 Page 3 of 9 1. DEFINITIONS - Continued “Execute” in relation to any document developed pursuant to this policy means to sign by the authorized officers of the parties, and “Executed” has a corresponding meaning; "Goods and Services" shall include all supplies, materials, equipment, furniture, fixtures, general maintenance and service construction contracts, construction maintenance, contractors, and or subcontractors, food, drugs and professional services, but does not include real property; “His” shall in all cases mean his or her and "he" shall in all cases mean he or she; "Prescribed Forms or Forms" shall mean the standard documents as provided as part of the purchasing procedure guidelines as approved by the CAO; “Procurement” means the purchasing, renting, leasing, or otherwise acquiring of supplies, services, or construction; includes all functions that pertain to the acquisition, including description of requirements, selection and solicitation of sources, preparation and award of contract; and all phases of contract administration such as inventory control, receiving, inspection (all as applicable); and disposal. “Professional Services” shall mean the services of architects, engineers, designers, surveyors, management and financial consultants, brokers, lawyers, planning consultants, project managers and any other professional and consulting services required by the Town; “Purchase” shall mean the acquisition of Goods and Services or any interest therein by purchase, lease, rental or otherwise; "Quotation" shall mean a written request for vendor bids for the supply of goods or services, from selected sources of supply, not opened in public; "Request for Proposal (RFP)" shall mean a formal request for details on the supply of goods or the provision of services, which cannot be fully defined or specified at the time of the request; “Sole Source” is defined as any contract entered into without a competitive process, based on a justification that only one known source exists or that only one single supplier can fulfill the requirements. “Successful Bidder” means a Bidder who has met or exceeded the minimum requirements of the bid document in its entirety as determined by the Town of Tillsonburg in its absolute discretion and to whom award is recommended pending the necessary internal approvals; “Supplier” shall mean any company or organization that provides, or has the capacity to provide, certain Goods or Services to the Town in accordance with the terms of this By-Law; "Tender" shall mean a formal request for sealed Bids for the supply of Goods and Services in response to an advertised solicitation; “Town” shall mean The Corporation of the Town of Tillsonburg; "Vendor of Record" shall mean an approved vendor. Page 58 of 298 5-006 Page 4 of 9 2. POLICY STATEMENT A. Objectives The objective of the policy is to ensure: a) Best value is achieved consistent with the required quality and service; b) Integrity in the purchasing process; c) Openness, accountability and transparency and fair treatment of all bidders; d) Encouraging bids through e-bidding, newspaper(s) and website(s). B. Guidelines a) No Purchase shall be made except as provided in this By-Law. b) No Purchase shall be split so as to avoid the purchasing process as outlined within this By-Law. c) Council has the ultimate authority for all expenditures. Council delegates this authority by the authorization of budgets or by specific resolution. d) Prior to the approval of the current year’s business plan and budget, a department may incur normal operating expenditures that are required to maintain services. This shall include the payment of expenditures on previously approved capital items and projects. e) No contract shall be entered into and no expenditure shall be authorized unless Council has provided funds for such purpose in the annual budget or agreed to the provision of such funds. f) The Department Managers, Directors, Fire Chief or the CAO shall ensure that all provisions of this By-Law are complied with in respect of the purchase of Goods and Services for or on behalf of his department and are responsible for the approval of accounts within the approved budget for the department. g) This purchasing policy may be overridden by Council if Council, in its own discretion determines it to be appropriate and in the best interest of the Town. h) The Director of Finance shall maintain written procurement procedures and procurement shall adhere to those procedures. 3. ESTABLISHING PRICE RANGE Purchase prices (excluding HST) shall be obtained as follows:  Up to $1,000 – Employee is to use their own discretion; vendor of record is preferred. Page 59 of 298 5-006 Page 5 of 9  $1,001 to $4,000 - For any purchases, other than those covered by a vendor of record, when the amount is between $1,001 and $4,000, comparison pricing must be completed by the assigned Buyer.  $4,001 to $15,000 - For any purchases, other than those covered by a vendor of record, when the amount is between $4,001 to $15,000, the assigned Buyer making the purchase shall obtain quotations from more than one source using catalogues, suppliers lists, online pricing or through negotiations, upon assuring themselves that all prices offered are fair and equitable.  $15,001 to $50,000 - For all purchases between $15,001 and $50,000, a minimum of three written quotations must be obtained by the assigned Buyer.  Over $50,001 – By Tender or Request for Proposal. The above mechanisms are the minimum acceptable practices for the listed threshold. Any mechanism can be used for a lower purchase bracket. The above prices shall be on a before-tax basis. Adherence to the above does not apply to circumstances addressed in section 6. Purchases made for a project which is receiving grant or external funding are subject to purchasing thresholds as set in the funding agreement. If no funding thresholds are identified within the funding agreement, the above purchasing thresholds shall be followed. QUICK GUIDE TO PURCHASING GUIDELINES Minimum Purchasing Mechanism Dollar Value of Purchase Approval Authority & Authority to Award Small Order Purchase* Up to $1,000 Employee Comparison pricing* $1,001 to $4,000 Department Manager Price Quotes* $4,001 to $15,000 Department Manager Written Quotation* $15,001 to $50,000 Director and Treasurer Page 60 of 298 5-006 Page 6 of 9 Tender, Request for Proposals or Sole Source Purchases* $50,001 to $75,000 Director and CAO Tender, Request for Proposals or Sole Source Purchases* $75,001 + Council (unless in accordance with section 6.0 (d)) *Unless prescribed through a funding agreement 4. ACCOUNTABILITY a) The CAO shall maintain accountability to Council during the procurement process. b) No purchase of Goods and Services shall be made by the Town for the personal use of elected or appointed officials or employees of the Town. c) No Goods and Services shall be purchased from an employee of the Town, or from any associate of such employee, unless the extent of the interest of such employee has been fully disclosed and the purchase has been approved by the Treasurer. d) The Agent oversees the Town’s purchasing process and compliance thereof. Only the Agent, Mayor or Clerk has the authority to execute contract documents on behalf of the Town. 5. PRESCRIBED COUNCIL APPROVAL The following Purchases shall be subject to Council approval: a) Any contract prescribed by statute to be made by Council; b) Any contract where this By-Law is being waived; c) Any contract where Council has expressly directed staff to report prior to an award; d) Any contract where a submission in response to a call for Bid contains an irregularity that cannot be resolved by terms of the Bid; or, e) Any contract for a Purchase made in accordance with section 6.0 (b); f) Any contract for a tender or request for proposal as required under this policy. g) Any contract which is not contained within the approved budget and is in excess of the $75,000 threshold in accordance with section 3.0. Page 61 of 298 5-006 Page 7 of 9 h) Any contract which is in excess of the approved budgeted value. i) All purchases of municipal land unless delegated by resolution. Council may waive, by resolution, the application of any part of this By-Law in respect of any given procurement. 6. EXCEPTIONS a) When an emergency occurs that, at the discretion of the CAO, Director, Fire Chief, or Department Manager, constitutes immediate danger to health, safety, life or property, or requires the immediate procurement of goods and services, the Department Manager or his/her designate may purchase through sole sources such required Goods or Services upon consultation with the Director or Treasurer. A follow-up report to Council is required for all Emergency Purchases over $15,000. b) The Tendering, RFP or purchasing process may not be required where the Goods or Services are proprietary to one vendor, where there is only one supplier that can meet the Town’s needs within a reasonable distance or where the cost of changing suppliers for a product or service already in place is deemed to be exorbitant by the Treasurer. Upon written staff recommendations, Council shall, in its’ sole discretion determine whether a Bid, RFP or purchasing process may be forgone for these reasons. Such exemption must be granted by resolution. c) Notwithstanding the provisions of this policy, the following expenditures must be made subject to budget constraints and may be made without following the formal purchasing procedures detailed herein; i. Petty cash items ii. Training and education including conferences, courses and seminars iii. Mileage, travel and accommodations iv. Payroll related expenses v. Utilities, postage, bank charges vi. Licensing, maintenance and software support for prior purchases; vii. Professional Services identified as a vendor of record d) Approved budgeted contracts received under budget and with a value less than $750,000 do not require additional Council approval, regardless of funding source, except in accordance with section 5.0 (i). 7. NO LOBBYING No bidder shall contact any member of Council or any Town staff in an attempt to influence the award of a contract. If a bidder contacts any member of Council or any Town staff in an attempt to influence the award of a contract, the bidder may be disqualified at the discretion of the CAO. Page 62 of 298 5-006 Page 8 of 9 8. HEALTH AND SAFETY The Town is committed to the health and safety of their employees, contractors, visitors and the general public. This includes a commitment to Health and Safety in the procurement process. 9. CO-OPERATIVE PURCHASING The Town may participate with other government agencies or public authorities in co-operative purchasing. The policies of the government agencies or public authorities calling the Co-operative Bid are to be the accepted policy of that particular Bid. 10. DISPOSAL OF SURPLUS Where any goods or personal property of the Town are declared surplus, cannot be used by another Town department, and have a residual value greater than $1,500, the goods shall be disposed of by public Bid or public auction. If no Bids are received, the Departmental Manager or Buyer may dispose of the goods or personal property as deemed to be in the best interest of the Town. This section shall not apply to goods or equipment traded in on new equipment or returned for credit to original sources of supply. 11. TIE BIDS In the event that two (2) or more compliant, equal bids are submitted during a competitive Bid process, the Town shall determine the successful bidder by drawing a bidder’s name, as determined by the Treasurer. 12. DELEGATION OF AUTHORITY TO PURCHASE The authority to purchase Goods and Services may be delegated or assigned to a local Board following the dollar thresholds as set out in this Policy. 13. OTHER Where any other By-Law exists which is in conflict with a provision of this Policy, the provision of this Policy shall be deemed to apply. This Policy shall be reviewed and updated, as appropriate, every five (5) years, following the date of its enactment. Page 63 of 298 5-006 Page 9 of 9 READ A FIRST AND SECOND TIME THIS 11 DAY OF MAY, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 11 DAY OF MAY, 2020. MAYOR – Stephen Molnar CLERK – Michelle Smibert Page 64 of 298 Schedule A THE CORPORATION OF THE TOWN OF TILLSONBURG PURCHASING POLICY APPOVAL DATE: REVISION DATE: 11/23/15 Page 1 of 8 APPENDICES: TABLE OF CONTENTS 1.0 DEFINITIONS ............................................................................................................ 2 2.0 POLICY STATEMENT ............................................................................................... 4 3.0 ESTABLISHING PRICE RANGE ................................................................................ 4 4.0 ACCOUNTABILITY .................................................................................................... 5 5.0 PRESCRIBED COUNCIL APPROVAL ....................................................................... 6 6.0 EXCEPTIONS ........................................................................................................... 6 7.0 NO LOBBYING… ...................................................................................................... 7 8.0 HEALTH AND SAFETY .............................................................................................. 7 9.0 CO-OPERATIVE PURCHASING ............................................................................... 7 10.0 DISPOSAL OF SURPLUS ......................................................................................... 7 11.0 TIE BIDS .....................................................................................................................7 12.0 DELEGATON OF AUTHORITY TO PURCHASE ......................................................... 7 13.0 OTHER ......................................................................................................................... 7 Page 65 of 298 Page 2 BY-LAW No. 3967 OF THE CORPORATION OF THE TOWN OF TILLSONBURG A BY-LAW TO PROVIDE FOR THE PURCHASE OF GOODS AND SERVICES NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG HEREBY ENACTS AS FOLLOWS: 1.0 DEFINITIONS In this By-Law: a) “Agent” shall mean the Treasurer or designate who has the sole authority to authorize, save and except the Mayor and Clerk, to execute contract documents on behalf of the Town; 2b) “Agreement” means a written document between the Town and another party upon legal consideration for the procurement of goods, services or construction pursuant to this policy. Also called “Contract”; a)c) “Award” means the acknowledgement of the authority to proceed to commit to an external Supplier(s) for acquisition of goods, services or construction. An Award can only be made after the relevant bid award form is signed or the Council resolution is ratified; b)d) “Best Value” means the optimal balance of performance and cost determined in accordance with a pre-defined evaluation plan which may include a cost/benefit analysis to define the best combinations of quality, service, time, and cost considerations over the useful life of the acquired item or for the immediate level of expected service and deliverable; 3e) "Bid" shall mean (i) a specific price for specific works or (ii) where appropriate, a proposal; a)f) “Bidder” means one who may or has submitted a response to an invitation to bid as issued by the Town; b)g) “Buyer” shall mean any employee procuring goods and services for the Town;shall mean the employee responsible for the procurement of goods and services for the Town; individual responsible for ensuring that the purchasing by-law, policies and procedures are consistently applied in the departments, and who serves as a resource to Departments in support of the purchasing function; Page 66 of 298 Page 3 c)h) “CAO” shall mean the Chief Administrative Officer of the Town of Tillsonburg; and d)i) “Clerk” shall mean the Clerk of the Town appointed pursuant to the Municipal Act 2001, as amended, or in her absence, the Deputy-Clerk or such other person designated by the Council by resolution for the purposes of this By-Law; j) Competitive Bidding Process” means a process for procurement of goods, services or construction whereby a prescribed method is used to solicit three or more bids or proposals. k) “Contract” means a written document between the Town and another party upon consideration for the procurement of goods, services or construction pursuant to this policy. Also called “Agreement” e)l) “Department Manager” shall mean the individual or designate who is accountable for the budget and responsible for the operations of any single department or division within the Town; f)m) “Director” shall mean the individual accountable for the operation of overall departments within the Town; n) "Emergency" shall mean a situation, or the threat of an impending situation, where serious delay may affect the life, safety, health or welfare of the general public, cause damage to the environment or to the property of the residents of the Town, or to prevent serious damage, disruption of work, or to restore or to maintain essential service to a minimum level; g)o) “Execute” in relation to any document developed pursuant to this policy means to sign by the authorized officers of the parties, and “Executed” has a corresponding meaning; h)p) "Goods and Services" shall include all supplies, materials, equipment, furniture, fixtures, general maintenance and service construction contracts, construction maintenance, contractors, and or subcontractors, food, drugs and professional services, but does not include real property; i)q) “His” shall in all cases mean his or her and "he" shall in all cases mean he or she; 4r) "Prescribed Forms or Forms" shall mean the standard documents as provided as part of the purchasing procedure guidelines as approved by the CAO; s) “Procurement” means the purchasing, renting, leasing, or otherwise acquiring of supplies, services, or construction; includes all functions that pertain to the acquisition, including description of requirements, selection and solicitation of sources, preparation and award of contract; and all phases of contract administration such as inventory control, receiving, inspection (all as applicable); and disposal. a)t) “Professional Services” shall mean the services of architects, engineers, designers, surveyors, management and financial consultants, brokers, lawyers, planning consultants, project managers and any other professional and consulting services required by the Town; b)u) “Purchase” shall mean the acquisition of Goods and Services or any interest therein by purchase, lease, rental or otherwise; Page 67 of 298 Page 4 c)v) "Quotation" shall mean a written request for vendor bids for the supply of goods or services, from selected sources of supply, not opened in public; w) "Request for Proposal" shall mean a formal request for details on the supply of goods or the provision of services, which cannot be fully defined or specified at the time of the request; 5x) “Sole Source” is defined as any contract entered into without a competitive process, based on a justification that only one known source exists or that only one single supplier can fulfill the requirements. y) “Successful Bidder” means a Bidder who has met or exceeded the minimum requirements of the bid document in its entirety as determined by the Town of Tillsonburg in its absolute discretion and to whom award is recommended pending the necessary internal approvals a)z) “Supplier” shall mean any company or organization that provides, or has the capacity to provide, certain Goods or Services to the Town in accordance with the terms of this By-Law; b)aa) "Tender" shall mean a formal request for sealed Bids for the supply of Goods and Services in response to an advertised solicitation; c)bb) “Town” shall mean The Corporation of the Town of Tillsonburg; d)cc) "Vendor of Record" shall mean an approved vendor. Page 68 of 298 Page 5 2.0 POLICY STATEMENT 2.1 Objectives The objective of the policy is to ensure: a) best value is achieved consistent with the required quality and service; b) integrity in the purchasing process; c) openness, accountability and transparency and fair treatment of all bidders; d) encouraging bids through e-bidding, newspapers and websites. 2.2 Guidelines a) No Purchase shall be made except as provided in this By-Law. b) No Purchase shall be split so as to avoid the purchasing process as outlined within this By-Law. c) Council has the ultimate authority for all expenditures. Council delegates this authority by the authorization of budgets or by specific resolution. d) Prior to the approval of the current year’s business plan and budget, a department may incur normal operating expenditures that are required to maintain services. This shall include the payment of expenditures on previously approved capital items and projects. e) No contract shall be entered into and no expenditure shall be authorized unless Council has provided funds for such purpose in the annual budget or agreed to the provision of such funds. f) The Department Managers, Directors, Fire Chief or the CAO shall ensure that all provisions of this By-Law are complied with in respect of the purchase of Goods and Services for or on behalf of his department and are responsible for the approval of accounts within the approved budget for the department. g) This purchasing policy may be overridden by Council if Council, in its own discretion determines it to be appropriate and in the best interest of the Town. h) The Director of Finance shall maintain written procurement procedures and procurement shall adhere to those procedures. 3.0 ESTABLISHING PRICE RANGE Purchase prices shall be obtained as follows: • Up to $1,000 – Employee is to use their own discretion; Vendor of record is preferred. • $1,001 to $4,000 Up to $2,500 – For any purchases, other than those covered by a vendor of record, when the amount is between $1,001 and $4,000, For purchases up to $2,500, comparison pricing must be completed by the assigned Buyer. • $4,001 to $15,000 $2,500 to $10,000 - For any purchases, other than those covered by a vendor of record, when the amount is between $4,001 to $15,000 $2,500 to $10,000, the assigned Buyer making the purchase shall obtain Page 69 of 298 Page 6 quotations from more than one source using catalogues, suppliers' lists, online pricing or through negotiations, upon assuring themselves that all prices offered are fair and equitable. • $15,001 to $50,000 $10,000 to $35,000 - For all purchases between $15,001 and $50,000 $10,000 and $35,000, a minimum of 3 written quotations must be obtained by the assigned Buyer. • Over $50,001 Over $35,000 – By Tender or Request for Proposal. The above mechanisms are the minimum acceptable practices for the listed threshold. Any mechanism can be used for a lower purchase bracket. The above prices shall be on a before-tax basis. Adherence to the above does not apply to circumstances addressed in section 6. Purchases made for a project which is receiving grant or external funding are subject to purchasing thresholds as set in the funding agreement. If no funding thresholds are identified within the funding agreement, the above purchasing thresholds shall be followed. QUICK GUIDE TO PURCHASING GUIDELINES Purchasing Mechanism Dollar Value of Purchase Approval Authority & Authority to Award Small Order Purchase* Up to $1,000Up to $2,500 Employee Department Manager Comparison pricing* $1,001 to $4,000 Department Manager Price Quotes* $4,001 to $15,000$2,500 – $10,000 Department Manager or Director approves; purchaser made through Departmental Buyer Written Quotation * $15,001 to $50,000$10,000 – $35,000 Director and Treasurer Department Manager or CAO Page 70 of 298 Page 7 Tender, Request for Proposals or Sole Source Purchases* $50,001 to $75,000$35,000 + Director and CAO Council Tender, Request for Proposals or Sole Source Purchases* $75,001 +` Council (unless in accordance with section 6.0 (d)) *Unless prescribed through a funding agreement 4.0 ACCOUNTABILITY a) The CAO shall maintain accountability to Council during the procurement process. b) No purchase of Goods and Services shall be made by the Town for the personal use of elected or appointed officials or employees of the Town. c) No Goods and Services shall be purchased from an employee of the Town, or from any associate of such employee, unless the extent of the interest of such employee has been fully disclosed and the purchase has been approved by the Treasurer CAO. d) The Agent oversees the Town’s purchasing process and compliance thereof. Only the Agent, Mayor or Clerk has the authority to execute contract documents on behalf of the Town. 5.0 PRESCRIBED COUNCIL APPROVAL The following Purchases shall be subject to Council approval: a) any contract prescribed by statute to be made by Council; b) any contract that requires debt financing; c) any contract where this By-Law is being waived; d) any contract where Council has expressly directed staff to report prior to an award; e) any contract where a submission in response to a call for Bid contains an irregularity that cannot be resolved by terms of the Bid; or, f) any contract for a Purchase made in accordance with section 6.0 (b); g) any contract for a tender or request for proposal as required under this policy. h) Any contract which is not contained within the approved budget and is in excess of the $75,000 threshold in accordance with section 3.0. i) Any contract which is in excess of the approved budgeted value. Page 71 of 298 Page 8 g)j)All purchases of municipal land unless delegated by resolution. Council may waive, by resolution, the application of any part of this By-Law in respect of any given procurement. 6.0 EXCEPTIONS a) When an emergency occurs that, at the discretion of the CAO, Director, Fire Chief, or Department Manager, constitutes immediate danger to health, safety, life or property, or requires the immediate procurement of goods and services, the Department Manager or his/her designate may purchase through sole sources, such required Goods or Services upon consultation with the Director or Treasurer CAO. A follow- up report to Council is required for all Emergency Purchases over $15,000 $5,000. b) The Tendering, RFP or purchasing process may not be required where the Goods or Services are proprietary to one vendor, where there is only one supplier that can meet the Town’s needs within a reasonable distance or where the cost of changing suppliers for a product or service already in place is deemed to be exorbitant by the Treasurer CAO. Upon written staff recommendations, Council shall, in its’ sole discretion determine whether a Bid, RFP or purchasing process may be forgone for these reasons. Such exemption must be granted by resolution. c) Notwithstanding the provisions of this policy, the following expenditures must be made subject to budget constraints and may be made without following the formal purchasing procedures detailed herein; i) Petty cash items ii) Training and education including conferences, courses and seminars iii) Mileage, travel and accommodations iv) Payroll related expenses v) Utilities, postage, bank charges vi) Licensing, maintenance and software support for prior purchases; vii) Professional Services. d) Approved budgeted contracts received under budget and with a value less than $750,000 do not require additional Council approval, regardless of funding source, except in accordance with section 6.0 (i). NO LOBBYING No bidder shall contact any member of Council or any Town staff in an attempt to influence the award of a contract. If a bidder contacts any member of Council or any Town staff in an attempt to influence the award of a contract, the bidder may be disqualified at the discretion of the CAO. Page 72 of 298 Page 9 8.0 HEALTH AND SAFETY The Town is committed to the health and safety of their employees, contractors, visitors and the general public. This includes a commitment to Health and Safety in the procurement process. 9.0 CO-OPERATIVE PURCHASING The Town may participate with other government agencies or public authorities in co- operative purchasing. The policies of the government agencies or public authorities calling the Co-operative Bid are to be the accepted policy of that particular Bid. 10.0 DISPOSAL OF SURPLUS Where any goods or personal property of the Town are declared surplus, cannot be used by another Town department, and have a residual value greater than $1,500 $1,000, the goods shall be disposed of by public Bid or public auction. If no Bids are received, the Departmental Manager or Buyer may dispose of the goods or personal property as deemed to be in the best interest of the Town. This section shall not apply to goods or equipment traded in on new equipment or returned for credit to original sources of supply. 11.0 TIE BIDS In the event that two (2) or more compliant, equal bids are submitted during a competitive Bid process, the Town shall determine the successful bidder by drawing a bidder’s name, as determined by the Treasurer CAO. 12.0 DELEGATION OF AUTHORITY TO PURCHASE The authority to purchase Goods and Services may be delegated or assigned to a local Board following the dollar thresholds as set out in this Policy. 13.0 OTHER Where any other By-Law exists which is in conflict with a provision of this Policy, the provision of this Policy shall be deemed to apply. This Policy shall be reviewed and updated, as appropriate, every five (5) years, following the date of its enactment. Page 73 of 298 Page 10 READ A FIRST AND SECOND TIME THIS 23rd DAY OF November, 2015. READ A THIRD AND FINAL TIME AND PASSED THIS 23rd DAY OF November, 2015. MAYOR – Stephen Molnar DEPUTY CLERK – Tricia Smith Page 74 of 298 THE CORPORATION OF THE TOWN OF TILLSON BURG APPOVAL DATE: APPENDICES: PURCHASING POLICY REVISION DATE: 11/23/15 TABLE OF CONTENTS Page 1 of 8 1.0 DEFINITIONS ................................................................................................................. 2 2.0 POLICY STATEMENT ................................................................................................... .4 3.0 ESTABLISHING PRICE RANGE ................................................................................... .4 4.0 ACCOUNTABILITY ......................................................................................................... 5 5.0 PRESCRIBED COUNCIL APPROVAL. .......................................................................... 6 6.0 EXCEPTIONS ................................................................................................................. 6 7.0 NO LOBBYING ............................................................................................. 7 8.0 HEALTH AND SAFETY ......................................................................................... ? 9.0 CO-OPERATIVE PURCHASING ...................................................................... ? 10.0 DISPOSAL OF SURPLUS ............................................................................... ? 11.0 TIE BIDS ............................................................................................................. ? 12.0 DELEGATON OF AUTHORITY TO PURCHASE ............................................................ ? 13.0 OTHER. ............................................................................................................................. ? Page 1 Page 75 of 298 BY·LAW No. 3967 OF THE CORPORATION OF THE TOWN OF TILLSONBURG A BY-LAW TO PROVIDE FOR THE PURCHASE OF GOODS AND SERVICES NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG HEREBY ENACTS AS FOLLOWS: 1.0 DEFINITIONS In this By-Law: a) "Agent" shall mean the Treasurer or designate who has the sole authority to authorize, save and except the Mayor and Clerk, to execute contract documents on behalf of the Town; b) "Bid" shall mean (i) a specific price for specific works or (ii) where appropriate, a proposal; c) "Buyer" shall mean the employee responsible for the procurement of goods and services for the Town; individual responsible for ensuring that the purchasing by-law, policies and procedures are consistently applied in the departments, and who serves as a resource to Departments in support of the purchasing function; d) "GAO" shall mean the Chief Administrative Officer of the Town of Tillsonburg; and e) "Clerk" shall mean the Clerk of the Town appointed pursuant to the Municipal Act 2001, as amended, or in her absence, the Deputy-Clerk or such other person designated by the Council by resolution for the purposes of this By-Law; f) "Department Manager" shall mean the individual or designate who is accountable for the budget and responsible for the operations of any single department or division within the Town; g) "Director" shall mean the individual accountable for the operation of overall departments within the Town; h) "Emergency" shall mean a situation, or the threat of an impending situation, where serious delay may affect the life, safety, health or welfare of the general public, cause Page2 Page 76 of 298 damage to the environment or to the property of the residents of the Town, or to prevent serious damage, disruption of work, or to restore or to maintain essential service to a minimum level; i) "Goods and Services" shall include all supplies, materials, equipment, furniture, fixtures, general maintenance and service construction contracts, construction maintenance, contractors, and or subcontractors, food, drugs and professional services, but does not include real property; j) "His" shall in all cases mean his or her and "he" shall in all cases mean he or she; k) "Prescribed Forms or Forms" shall mean the standard documents as provided as part of the purchasing procedure guidelines as approved by the GAO; I) "Professional Services" shall mean the services of architects, engineers, designers, surveyors, management and financial consultants, brokers, lawyers, planning consultants, project managers and any other professional and consulting services required by the Town; m) "Purchase" shall mean the acquisition of Goods and Services or any interest therein by purchase, lease, rental or otherwise; n) "Quotation" shall mean a written request for vendor bids for the supply of goods or services, from selected sources of supply, not opened in public; o) "Request for Proposal" shall mean a formal request for details on the supply of goods or the provision of services, which cannot be fully defined or specified at the time of the request; p) "Supplier" shall mean any company or organization that provides, or has the capacity to provide, certain Goods or Services to the Town in accordance with the terms ofthis By-Law; q) "Tender" shall mean a formal request for sealed Bids for the supply of Goods and Services in response to an advertised solicitation; r) "Town" shall mean The Corporation of the Town of Tillsonburg; s) "Vendor of Record" shall mean an approved vendor. Page3 Page 77 of 298 2.0 POLICY STATEMENT 2.1 Objectives The objective of the policy is to ensure: a) best value is achieved consistent with the required quality and service; b) integrity in the purchasing process; c) openness, accountability and transparency and fair treatment of all bidders; d) encouraging bids through e-bidding, newspaper(s) and website(s). 2.2 Guidelines a) No Purchase shall be made except as provided in this By-Law. b) No Purchase shall be split so as to avoid the purchasing process as outlined within this By-Law. c) Council has the ultimate authority for all expenditures. Council delegates this authority by the authorization of budgets or by specific resolution. d) Prior to the approval of the current year's business plan and budget, a department may incur normal operating expenditures that are required to maintain services. This shall include the payment of expenditures on previously approved capital items and projects. e) No contract shall be entered into and no expenditure shall be authorized unless Council has provided funds for such purpose in the annual budget or agreed to the provision of such funds. f) The Department Managers, Directors, Fire Chief or the CAO shall ensure that all provisions of this By-Law are complied with in respect of the purchase of Goods and Services for or on behalf of his department and are responsible for the approval of accounts within the approved budget for the department. g) This purchasing policy may be overridden by Council if Council, in its own discretion determines it to be appropriate and in the best interest of the Town. h) The Director of Finance shall maintain written procurement procedures and procurement shall adhere to those procedures. 3.0 ESTABLISHING PRICE RANGE Purchase prices shall be obtained as follows: • Up to $2,500-For purchases up to $2,500, comparison pricing must be completed by the assigned Buyer. • $2,500 to $10,000 -For any purchases, other than those covered by a vendor of record, when the amount is between $2,500 to $10,000, the assigned Buyer making the purchase shall obtain quotations from more than one source using catalogues, suppliers' lists, online pricing or through negotiations, upon assuring themselves that all prices offered are fair and equitable. Page4 Page 78 of 298 • $10,000 to $35,000-For all purchases between $10,000 and $35,000, a minimum of 3 written quotations must be obtained by the assigned Buyer. • Over $35,000-By Tender or Request for Proposal. The above prices shall be on a before-tax basis. Adherence to the above does not apply to circumstances addressed in section 6. QUICK GUIDE TO PURCHASING GUIDELINES Purchasing Dollar Value Approval Authority Mechanism of Purchase & Authority to Award Small Order Up to $2,500 Department Manager Purchase Department Manager or Director approves; Price $2,500-purchaser made through Quotes $10,000 Departmental Buyer Department Manager Written $10,000- Quotation $35,000 Director or GAO Tender, Request for Proposals or $35,000 + Council Sole Source Purchases 4.0 ACCOUNTABILITY a) The CAO shall maintain accountability to Council during the procurement process. b) No purchase of Goods and Services shall be made by the Town for the personal use of elected or appointed officials or employees of the Town. c) No Goods and Services shall be purchased from an employee of the Town, or from any associate of such employee, unless the extent of the interest of such employee has been fully disclosed and the purchase has been approved by the CAO. d) The Agent oversees the Town's purchasing process and compliance thereof. Only the Agent, Mayor or Clerk has the authority to execute contract documents on behalf of the Town. PageS Page 79 of 298 5.0 PRESCRIBED COUNCIL APPROVAL The following Purchases shall be subject to Council approval: a) any contract prescribed by statute to be made by Council; b) any contract that requires debt financing; c) any contract where this By-Law is being waived; d) any contract where Council has expressly directed staff to report prior to an award; e) any contract where a submission in response to a call for Bid contains an irregularity that cannot be resolved by terms of the Bid; or, f) any contract for a Purchase made in accordance with section 6.0 (b); g) any contract for a tender or request for proposal as required under this policy. Council may waive, by resolution, the application of any part of this By-Law in respect of any given procurement. 6.0 EXCEPTIONS a) When an emergency occurs that, at the discretion ofthe GAO, Director, Fire Chief, or Department Manager, constitutes immediate danger to health, safety, life or property, or requires the immediate procurement of goods and services, the Department Manager or his/her designate may purchase through sole sources, such required Goods or Services upon consultation with the Director or GAO. A follow-up report to Council is required for all Emergency Purchases over $5,000. b) The Tendering, RFP or purchasing process may not be required where the Goods or Services are proprietary to one vendor, where there is only one supplier that can meet the Town's needs within a reasonable distance or where the cost of changing suppliers for a product or service already in place is deemed to be exorbitant by the GAO. Upon written staff recommendations, Council shall, in its' sole discretion determine whether a Bid, RFP or purchasing process may be forgone for these reasons. Such exemption must be granted by resolution. c) Notwithstanding the provisions of this policy, the following expenditures must be made subject to budget constraints and may be made without following the formal purchasing procedures detailed herein; i) Petty cash items ii) Training and education including conferences, courses and seminars iii) Mileage, travel and accommodations iv) Payroll related expenses v) Utilities, postage, bank charges vi) Licensing, maintenance and software support for prior purchases; vii) Professional Services. Page6 Page 80 of 298 7.0 NO LOBBYING No bidder shall contact any member of Council or any Town staff in an attempt to influence the award of a contract. If a bidder contacts any member of Council or any Town staff in an attempt to influence the award of a contract, the bidder may be disqualified at the discretion of the GAO. 8.0 HEALTH AND SAFETY The Town is committed to the health and safety of their employees, contractors, visitors and the general public. This includes a commitment to Health and Safety in the procurement process. 9.0 CO-OPERATIVE PURCHASING The Town may participate with other government agencies or public authorities in co- operative purchasing. The policies of the government agencies or public authorities calling the Co-operative Bid are to be the accepted policy of that particular Bid. 10.0 DISPOSAL OF SURPLUS Where any goods or personal property of the Town are declared surplus, cannot be used by another Town department, and have a residual value greater than $1 ,000, the goods shall be disposed of by public Bid or public auction. If no Bids are received, the Departmental Manager or Buyer may dispose of the goods or personal property as deemed to be in the best interest of the Town. This section shall not apply to goods or equipment traded in on new equipment or returned for credit to original sources of supply. 11.0 TIE BIDS In the event that two (2) or more compliant, equal bids are submitted during a competitive Bid process, the Town shall determine the successful bidder by drawing a bidder's name, as determined by the GAO. 12.0 DELEGATION OF AUTHORITY TO PURCHASE The authority to purchase Goods and Services may be delegated or assigned to a local Board following the dollar thresholds as set out in this Policy. 13.0 OTHER Where any other By-Law exists which is in conflict with a provision of this Policy, the provision of this Policy shall be deemed to apply. This Policy shall be reviewed and updated, as appropriate, every five (5) years, following the date of its enactment. Page7 Page 81 of 298 READ A FIRST AND SECOND TIME THIS DAY OF, 2015. READ A THIRD AND FINAL TIME AND PASSED THIS DAY OF, 2015. c--::2nc:~cL,·ra ·.Ot~u4 c;~r~c. t:1.<> p.P-A-CLERK -Donna Wilson PageS Page 82 of 298 Page 1 of 4 Subject: 2020 Budgetary Estimates and Tax Rates Report Number: FIN 20-19 Author: Denis Duguay, Revenue Manager Meeting Type: Council Meeting Meeting Date: Monday, May 25, 2020 RECOMMENDATION THAT Council receives report FIN 20-19 2020 Budgetary Estimates and Tax Rates; AND THAT a By-Law to provide for the adoption of budgetary estimates, tax rates, installment due dates and to further provide for penalty and interest on default of payment thereof for 2020 be brought forward for Council consideration. BACKGROUND To present the By-Law adopting the 2020 budgetary estimates and tax rates to Council for consideration. CONSULTATION The tax ratios are drafted collectively by all Oxford County Municipalities and set by Oxford County Council. FINANCIAL IMPACT/FUNDING SOURCE At the Council meeting held on January 27, 2020, Council adopted the 2020 budget and business plans establishing a requirement from taxation for general purposes of $16,010,700. To meet this levy requirement, tax rates founded on the 2016 current value phase -in assessment and those parameters mandated by the County of Oxford for class ratios and subclass discounts have been calculated. The attached By-Law specifies the approved levy amount along with Schedule “A” that provides for the applicable calculated 2020 tax rates to generate the levy amounts for each requisitioning body. The By-law will be brought forward later in this meeting for three readings. Page 83 of 298 FIN 20-19 Page 2 of 4 COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☒ Support new and existing businesses and provide a variety of employment opportunities ☒ Provide diverse retail services in the downtown core ☒ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☒ Make Tillsonburg an attractive place to live for youth and young professionals ☒ Provide opportunities for families to thrive ☒ Support the aging population and an active senior citizenship 4. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☒ Provide a variety of leisure and cultural opportunities to suit all interests ☒ Improve mobility and promote environmentally sustainable living ATTACHMENTS Appendix A – By-Law Appendix B – By-Law Schedule A Page 84 of 298 FIN 20-19 Page 3 of 4 Page 85 of 298 FIN 20-19 Page 4 of 4 Report Approval Details Document Title: FIN 20-19 Final 2020 Tax Rates.docx Attachments: - 2020 Final Levy Bylaw v2.doc Final Approval Date: May 20, 2020 This report and all of its attachments were approved and signed as outlined below: Kyle Pratt - May 20, 2020 - 3:29 PM Page 86 of 298 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-___ BEING A BY-LAW to provide for the Adoption of Budgetary Estimates, Tax Rates and to Further Provide for Penalty and Interest in Default of Payment thereof for 2020. WHEREAS Section 290 of the Municipal Act, 2001, S.O. 2001 c.25, as amended, provides that the Council of a local municipality shall prepare and adopt estimates of all sums required during the year for the purposes of the municipality, WHEREAS Section 312 of the said Act provides that the Council of a local municipality shall, after the adoption of estimates for the year, pass a by-law to levy a separate tax rate on the assessment in each property class, and WHEREAS Sections 307 and 308 of the said Act require tax rates to be establ ished in the same proportion to tax ratios; and WHEREAS regulations require reductions in certain tax rates for certain classes or subclasses of property. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. That the budget estimates setting out the revenues and expenditures as detailed in the Business Plans for the year 2020, and endorsed by resolution, January 27th, 2020, raising the following amounts from realty taxation be adopted: a) A general municipal levy of $16,010,700 b) A special levy for core area parking of $140,500 c) A special levy for the Business Improvement Area of $139,450 2. That the tax rates hereby adopted for each class for the year 2020, excluding local improvement rates or other special charges collected as taxes, shall be the tax rates as listed on Schedule “A” attached hereto and forming part of this by- law and the tax rate for each class shall be applied against the whole of the assessment for real property for that particular class and purpose. 3. That every owner shall be taxed according to the tax rates in this by-law. The taxes for a particular property shall be calculated by applying the Current Value Assessment against the tax rates set out and further adjusted as required by the provisions of the Municipal Act, 2001, S.O. 2001. Such taxes shall become due and payable in two installments as follows: Page 87 of 298 By-Law 2020-___ Page 2 of 2 ALL PROPERTY CLASSES: FIRST INSTALMENT: Thursday, August 27, 2020 SECOND INSTALMENT: Thursday, October 22, 2020 Notice of such taxes due shall be sent by first class mail to those persons shown as liable for the payment of taxes. 4. That a charge as a penalty of 1 and 1/4 per cent on the amount of any outstanding taxes levied in 2020 shall be made on the first day of default and on the first day of each calendar month thereafter in which default continues until December 31, 2020, and any such additional amounts shall b e levied and collected in the same manner as if they had been originally imposed with and formed part of the taxes levied under this by-law. The penalty charges indicated in this section shall be waived for those taxpayers participating in the Monthly Preauthorized Payment Programme provided the payments are made as agreed and without default. 5. That interest of 1 and 1/4 per cent on the amount of any taxes due and unpaid after December 31, 2020 shall be charged on the first day of each calendar month thereafter in which default continues. 6. THAT this By-Law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 25th DAY OF MAY, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 25th DAY OF MAY, 2020. ____________________________________ MAYOR – Stephen Molnar ____________________________________ TOWN CLERK – Michelle Smibert Page 88 of 298 By-Law 2020-___ Schedule A 2020 TAX RATES TOTAL BASE RTC/RTQ GENERAL SEWERS COUNTY EDUCATION RATES PARKING B.I.A.TOTAL RT RESIDENTIAL 0.00771027 0.00021334 0.00406550 0.00153000 0.01351911 0.00105207 0.01457118 MT MULTI-RESIDENTIAL 0.01542054 0.00042668 0.00813100 0.00153000 0.02550822 0.00210414 0.02761236 M1 MULTI-RESIDENTIAL AWAITING DEV 0.00771027 0.00021334 0.00166142 0.00068850 0.01027353 0.01027353 CT COMMERCIAL 0.01466339 0.00040573 0.00773177 0.01250000 0.03530089 0.00200082 0.00210649 0.03940820 XT COMMERCIAL NEW CONSTRUCTION 0.01466339 0.00040573 0.00773177 0.00980000 0.03260089 0.00200082 0.00210649 0.03670820 CU EXCESS LAND 0.01026437 0.00028401 0.00541224 0.01250000 0.02846062 0.00140058 0.00147454 0.03133574 CX VACANT LAND 0.01026437 0.00028401 0.00541224 0.01250000 0.02846062 0.00140058 0.00147454 0.03133574 XU COM'L NEW CONST. - EXCESS LAND 0.01026437 0.00028401 0.00541224 0.00980000 0.02576062 0.02576062 IT INDUSTRIAL 0.02027801 0.00056108 0.01069226 0.01250000 0.04403135 0.04403135 JT INDUSTRIAL NEW CONSTRUCTION 0.02027801 0.00056108 0.01069226 0.00980000 0.04133135 0.04133135 IU EXCESS LAND 0.01318071 0.00036470 0.00694998 0.01250000 0.03299539 0.03299539 IX VACANT LAND 0.01318071 0.00036470 0.00694998 0.01250000 0.03299539 0.03299539 LT LARGE INDUSTRIAL 0.02027801 0.00056108 0.01069226 0.01250000 0.04403135 0.04403135 LU EXCESS LAND 0.01318071 0.00036470 0.00694998 0.01250000 0.03299539 0.03299539 PT PIPELINES 0.00970954 0.00026866 0.00511968 0.00980000 0.02489788 0.02489788 FT FARMLAND 0.00167853 0.00004644 0.00088506 0.00038250 0.00299253 0.00299253 R1 FARMLAND DEV PH 1 0.00346962 0.00009600 0.00182947 0.00068850 0.00608359 0.00608359 GT PARKING LOT 0.01466339 0.00040573 0.00773177 0.01250000 0.03530089 0.03530089 Schedule "A " Page 89 of 298 Page 1 of 3 Subject: COVID 19 Development Charge Collection Deferral Report Number: FIN 20-20 Author: Dave Rushton, Director of Finance Meeting Type: Council Meeting Meeting Date: Monday, May 25, 2020 RECOMMENDATION THAT Council receives report FIN 20-20 COVID 19 Development Charge Collection Deferral for information; AND THAT council authorizes the Chief Building Official to enter into agreements with developers to defer the payment of the Town’s portion of the Development Charges for permits issued & released between May 26 and July 31, 2020; AND THAT during this period the date of collection for the Town’s portion of Development Charges be changed from the time of Building Permit to the time of Occupancy Permit. BACKGROUND Fees are collected on new development in accordance with the Development Charge Act. In setting By-Law 4315, in 2019 a study was conducted to determine the amounts to be charged by both the County of Oxford and the Town of Tillsonburg. The By-Law in Section 5 TIMING OF CALCULATION FOR DEVELOPMENT CHARGES establishes; “W here a Development Charge applies to and in relation to which a building permit is required, the building permit shall not be issued until the development charge has been paid in full”. The Development Charge Act requires an agreement between the Developer and the Municipality to change the collection date. DISCUSSION At the May 11, 2020 Council meeting, the following resolution was adopted: THAT Council receives Report CLK 20-19 COVID-19 Taskforce Recommendations, as information; AND THAT Council supports the Task Force recommendations and that staff be directed to bring back a report for Council's consideration; AND FURTHER THAT to clarify the development charge motion refers to a deferral of payment. Page 90 of 298 FIN 20-20 Page 2 of 3 In the attached chart it is noted that on a single detached home the total development charge is currently $16,432 of which Oxford County charges $9,998 and Tillsonburg charges $6,434. The Town has no control over the County portion and any deferral of the County share would require the County to approve. Th at leaves the Tillsonburg portion available to defer of $6,434. A key time after the initial permit to collect development charges is when the developer requires an occupancy permit prior to a sale. This is what the building department recommends for setting as a collection time. The committee has recommended that this program is open until the end of July. Currently there are 7 single detached permits that have permitting pending. A similar deferral was in place from 2012 to 2019 for Model Homes that changed the collection date from permit to occupancy. CONSULTATION The Chief Building Official was consulted in the preparation of this report. FINANCIAL IMPACT/FUNDING SOURCE If 100 permits for detached homes were issued in this period, the Town’s portion of the development charges would be $643,400. The carrying cost for the Town at 2.5% for 6 months would be about $8,000. On the pending units the cost for the same time and term would be $480. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Demonstrate accountability Economic Sustainability ☒ Support new and existing businesses and provide a variety of employment opportunities Demographic Balance ☒ Provide opportunities for families to thrive Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ATTACHMENTS Appendix A – TILLSONBURG SCHEDULE OF DEVELOPMENT CHARGES Effective April 1, 2020 to March 31, 2021 Page 91 of 298 FIN 20-20 Page 3 of 3 Report Approval Details Document Title: FIN 20-20 COVID 19 Development Charge Collection Deferral.docx Attachments: - FIN 20-20 Appendix A – DC Rates April 1 2020 to March 31 2021.pdf Final Approval Date: May 20, 2020 This report and all of its attachments were approved and signed as outlined below: Kyle Pratt - May 20, 2020 - 7:40 AM Page 92 of 298 TILLSONBURG SCHEDULE OF DEVELOPMENT CHARGES Effective April 1, 2020 to March 31, 2021 $/Residential Dwellings Non-Residential Single Detached Apartments $/sq.m of Service & Semi-Detached Two Bedroom Bachelor &Other floor area Component Dwelling Units and larger One Bedroom Multiples $/sq.m County of Oxford: Administration Building 96 50 34 60 0.37 Land Ambulance Services 307 164 110 192 1.18 Roads & Related 2,727 1,454 984 1,713 10.52 Waste Diversion 29 15 10 19 0.15 Library Services 422 224 152 264 0.38 Water 1,599 853 576 1,004 7.46 Wastewater 4,818 2,568 1,738 3,026 22.48 County Sub-Total 9,998 5,328 3,604 6,278 42.54 Town of Tillsonburg: General Government 412 219 148 258 Fire 527 281 190 331 Police Services 48 26 17 30 Recreation 885 471 319 556 Roads and Related 4,562 2,433 1,645 2,866 Town Sub-Total 6,434 3,430 2,319 4,041 0.00 Total 16,432 8,758 5,923 10,319 42.54 H:\Bylaw- Bldg Dpt\FEES\DEVELOPMENT CHARGES\2020\DC Rates April 1 2020 to March 31 2021.xlsx 3/19/2020 Page 93 of 298 Page 1 of 3 Subject: Fire Communications Agreement - Orangeville Report Number: FRS 20-04 Author: Gord Roesch, Acting Fire Chief Meeting Type: Council Meeting Meeting Date: Monday, May 25, 2020 RECOMMENDATION THAT Council receives Report FRS 20-04 Fire Communications Agreement - Orangeville for information; AND THAT a By-Law to authorize an agreement with the Corporation of the Town of Orangeville for the provision of Fire Dispatch and Communications services, be brought forward for Council’s consideration. BACKGROUND The Corporation of the Town of Orangeville issued a Request for Proposal for fire dispatch communications services. The evaluation committee selected our proposal. DISCUSSION Staff has had conversations with several service providers that offer services to source, install, test and maintain equipment required for Tillsonburg Fire Communications to be able to dispatch Orangeville Fire Department. Two quotes were rece ived and one company replied with a decline due to the area being serviced. S taff has selected Five9 Solutions from Kitchener to install the equipment. The cumulative additional call volume of the agreements being presented tonight will require additional staffing. Staff has developed a tentative schedule which adds an additional 12 hours of coverage 365 days / year. Staff has been working directly with the Finance department to ensure that we have a sustainable business model moving forward. The revenue generated with the cumulative new agreements for Council approval tonight will cover the costs associated with additional staff hours required. The agreement presented for approval will be signed by the General Manager of the Corporation of the Town of Orangeville after being approved by Council and signed by the Corporation of the Town of Tillsonburg. Page 94 of 298 FRS 20-04 Page 2 of 3 The terms of this agreement do not extend to the implementation timeframe of Next Generation 911, so there is no assigned cost recovery in this agreement. Orangeville is aware that if they extend the agreement that Next Generation 911 will have capital costs associated to each customer based on a cost recovery model. Staff has committed to keeping all customers up to date with expected capital upgrade costs so we can all plan accordingly for the implementation of Next Generation 911 expected in March 2024. FINANCIAL IMPACT/FUNDING SOURCE This is a three (3) year agreement, and as such the total revenue generated (excluding tax) will be $239,420.00. All capital costs for this project will be paid in the first year by the Corporation of the Town of Orangeville. In the Orangeville RFP, there was a clause that would allow for the remaining fire departments in Dufferin County to move at the same time to Tillsonburg for dispatch and communications services. Shelburne, Mulmur-Melancthon and Grand Valley are also moving to Tillsonburg for three (3) year terms. The cumulative revenue generated by the Orangeville and Dufferin County agreements for approval tonight is $418,451.84. The revenue gained from these agreements outweighs the expenses associated with providing the corresponding services. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability ATTACHMENTS Appendix A - Orangeville Contract for Signatures Page 95 of 298 FRS 20-04 Page 3 of 3 Report Approval Details Document Title: FRS 20-04 Fire Communications Agreement - Orangeville.docx Attachments: - Orangeville Contract for Signatures.pdf Final Approval Date: May 21, 2020 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - May 19, 2020 - 8:16 AM Kyle Pratt - May 21, 2020 - 3:21 PM Michelle Smibert - May 21, 2020 - 3:40 PM Page 96 of 298 Page 1 of 31 OF-2020-01 Fire Dispatch Services CONTRACT FOR THE SUPPLY OF FIRE DISPATCH SERVICES This contract is made effective as of May 11, 2020 (the “Effective Date”) between The Corporation of the Town of Orangeville, an Ontario municipality having offices at 87 Broadway Orangeville, Ontario (the “Town”) and the Town of Tillsonburg, a corporation incorporated under the laws of Ontario having offices at 80 Concession Street East, Tillsonburg, Ontario (“Contractor”). 1. Contract Documents. The terms of the contract between the Town and Contractor for the supply of the goods and services set out in the Scope of Work (SOW) are comprised of the following (collectively, the “Contract”): a) the main body of this Contract b) Schedule “A” (Scope of Work) (the “SOW”) c) Schedule “B” (Basis of Payment) d) the Town RFP OF-2020-01, including (i) all Addenda (which, for greater certainty, shall supersede the contents of the RFP) and (ii) all documents incorporated by reference into the RFP; e) the Contractor’s proposal submitted March 5, 2020 in response to the above-noted RFP f) General Liability Insurance and WSIB certificates g) Town of Orangeville Health and Safety Policy. Where the document is not included as a schedule, it is deemed incorporated by reference. In the event of a conflict or inconsistency between any of the above documents, the conflict or inconsistency shall be resolved in favour of the document first appearing on the above list. 2. General. Contractor shall supply the goods, if any, (the “Goods”) and the fire dispatch services described in the SOW, and deliver the deliverables outlined in this Contract (together, the services and the deliverables are the “Services”) at the prices stipulated, and in accordance with, the terms of the Contract. 3. Personnel. Contractor shall provide the services of the persons named in the Contractor’s proposal (if any), together with any additional persons necessary to perform the work and provide the Services. Should Contractor, at any time, be unable to provide the services of the named persons or should at any time the required qualifications of named personnel be lost such that they no longer meet the required qualifications to provide the Services, Contractor shall be responsible for providing replacements with at least the same level of skill and experience and that meet the qualifications requirements. In such cases, Contractor shall notify the Town’s representative in writing and provide: (a) the reason for the removal of the named person from the project; (b) the name of the proposed replacement; and (c) an outline of the skills and experience of the proposed replacement. To the extent practicable, the notice will be sent at least seven (7) days in advance of the date upon which the replacement is to commence work. Such replacements will be subject to the written approval of the Town. The Town may order the removal of any personnel (whether or not named in the original proposal) on reasonable grounds including, without limitation, a violation of the Town’s applicable workplace policies (available on the Town’s website at Orangeville.ca) and if such an order is made, Contractor shall immediately remove the person from the work and shall secure a replacement. Page 97 of 298 Page 2 of 31 OF-2020-01 Fire Dispatch Services 4. Time of the essence/Delivery Dates. Time is of the essence in the Contract. Contractor shall notify the Town as soon as it becomes aware that it cannot meet the agreed delivery dates for Goods or Services. In the event of a delay, Contractor shall, at no additional cost to the Town, employ accelerated measures such as premium transportation costs or labour overtime to ensure the Goods or Services are delivered on or before the revised delivery date. In the event a delay in delivery or a new delivery date proposed by Contractor is not acceptable to the Town, acting reasonably, in addition to any other rights and remedies that may be available to the Town at law, the Town may cancel the Contract without any Town liability whatsoever. 5. Shipping. Where applicable, and unless otherwise specified herein, Contractor shall ship the Goods Delivery Duty Paid (DDP-Incoterms, 2018) (equivalent to FOB Destination), to the place of destination specified by the Town in the Contract, using the most direct and economical means. A packing slip must accompany each shipment indicating the Town-issued purchase order number. Title to the Goods will pass to the Town upon acceptance by the Town as set out in these terms. In the event of loss or damage during shipping, Contractor shall be required to promptly ship replacement Goods, at Contractor’s cost. 6. Inspection and acceptance. The Town, or persons authorized by the Town, shall have the right, at all reasonable times and with prior notice of not less than one (1) business day, to inspect or otherwise review the Services performed, or being performed, and the premises where they are being performed to ensure compliance with the Contract requirements. In addition, the Town shall have ten (10) business days following receipt to inspect and accept the delivered Goods or Services prior to having any obligation to pay for such Goods or Services. Where the Town discovers defective or non-conforming Goods or Services, the Town may at its option and without prejudice to any other rights or remedies it may have hereunder or at law: (a) at Contractor’s expense, return Goods for a refund, credit, repair or replacement or (b) obtain a price reduction or re-performance of non-conforming Services at no charge to the Town. No payment shall be owed for the Goods or Services unless and until the Town has finally accepted the Good or Service or the period for inspection and acceptance has passed. 7. Prices and Price Increases. Unless otherwise specified in the Contract, all prices are in Canadian dollars and are the maximum prices to be charged for the Goods and Services. Any maintenance services and unique parts and consumable items required in connection with Goods and not listed in the Contract must be offered by Contractor at a price that is not higher than Contractor’s published prices at the time that the Contract is executed (where not published, then at commercially reasonable and competitive prices) and must not increase until completion of the project or, where the Contract is for a defined term, then for the term of the Contract. Where no Contract term is specified, then prices must not increase for at least the twelve (12) month period following the effective date of the Contract. Thereafter, such prices must not increase more than the percentage increase in the Canadian Consumer Price Index as published in the month prior to the beginning of subsequent twelve (12) month periods. 8. Timely Invoicing and Payment. Contractor must submit its invoices for payment within ninety (90) days following the Town’s acceptance of the Goods or Services. The Town shall not be liable to pay for invoices first issued after such period of time. Subject to the timely issuance of invoices in accordance Page 98 of 298 Page 3 of 31 OF-2020-01 Fire Dispatch Services with the Contract, payment for Goods and Services and properly invoiced will be made within thirty (30) days from the later of: (a) the Town’s receipt of a proper invoice or (b) acceptance of the Goods or Services in accordance with acceptance provisions of this agreement. Where applicable, a transportation bill of lading must be attached to each invoice. Invoices are to be submitted to the Town of Orangeville, 87 Broadway, Orangeville, Ontario L9W 1K1 the attention of Accounts Payable quoting the purchase order number provided by the Town. In the alternative to mailing an invoice, an electronic invoice may be submitted to an electronic address as may be provided by the Town for such purposes. Invoices must also include Contractor’s GST or HST and applicable PST registration numbers. Unless otherwise agreed, Contractor must complete the Town forms and other measures, as required, to enable payment by electronic funds transfer. The Town may withhold from, reduce or set-off against any amount due to Contractor, such sums as are reasonably necessary to cover non-performance, breach of warranty, indemnity or liability of Contractor in relation to the Contract. The Town is not liable for any Services performed or Goods delivered in excess of those required by the Contract unless expressly agreed in writing in advance. 9. Taxes. The prices set out in the Contract are exclusive of Canadian GST/HST and PST (if applicable) and inclusive of any other taxes, duties, fees (including brokerage fees) and levies that may be imposed on Contractor by Canadian law or a non-Canadian jurisdiction. Where any payments due under the Contract are subject to any Canadian legislated deduction, withholding or similar tax, the Town shall deduct or withhold the necessary amount unless Contractor provides proper documentation from a competent governmental authority relieving the Town of its withholding obligations prior to payment being made. The Town will not pay GST/HST or PST unless such taxes have been so identified on the invoices submitted to the Town by Contractor. Contractor’s invoices will not be returned or adjusted by the Town to correct errors or omissions in Contractor’s tax calculations or tax assumptions. 10. Warranty. Contractor represents and warrants that any Services will be performed in a diligent, good and workmanlike manner in accordance with an applicable schedule or committed delivery date, and of a quality at least equal to that generally accepted in the industry or profession for similar work (which includes providing deliverables reasonably free of formatting and typographical errors); that the Goods are not subject to economic sanctions, will be new and of current production and that, for a period of one (1) year or such longer warranty period as may be specified in the Contract, following the Town’s acceptance, the Goods will be merchantable, of satisfactory quality, free from defects in design, material and workmanship; and where applicable, will conform to and perform in accordance with specifications, drawings and samples accepted by the Town or included in the Contract. Goods or Services failing to comply with applicable warranties will be, at the Town’s option and at no charge to the Town: (i) returned for a full refund or credit of amounts paid by the Town for the defective Goods, (ii) repaired, (iii) replaced; (iv) re-performed by Contractor using alternate personnel if instructed by the Town or (v) rejected by the Town, at no cost or expense to the Town and with any shipping and transportation costs and risk of loss and damage in transit borne by Contractor. Repaired and replaced Goods or re-performed Services shall be warranted as set forth in this Section. The above warranties, together with any additional Contractor warranties, survive inspection, test, acceptance of and payment for the Goods or Services. Unless otherwise specified on the face of the Contract, if an additional warranty-related obligation (e.g. manufacturer’s warranty) sets a warranty time period or warranty standard that is not consistent with a warranty time period or warranty standard set out in this Section, Contractor shall comply with the longest time period and highest standard. For greater Page 99 of 298 Page 4 of 31 OF-2020-01 Fire Dispatch Services certainty, Contractor shall not be held responsible for delays outside the Contractor’s reasonable control or to the extent any delay is caused by the Town. 11. Change Orders. The Town or the Contractor may, at any time, propose a change to the SOW or to the Goods or Services outside the scope of the SOW provided that no changes to this Contract are valid unless made in writing and mutually agreed by the parties. Where a change is proposed, the party proposing the change shall submit a written change order request to the other party. If the change order request is accepted in writing by both parties, the additional or changed Goods or Services (as applicable) shall be supplied at the prices stipulated in the Contract or, where such prices are not listed, then at prices mutually agreed to in writing. For greater certainty, where no prices have been clearly agreed to in writing in connection with a change order, then the prices last agreed to in the Contract shall apply for purposes of calculating the cost of Goods or Services. 12. Working on Town Property; Clean-up; Storage of Contractor Materials. Contractor shall comply with all Town policies applicable to parties working on Town property; shall be responsible for any damage to Town property or equipment caused by Contractor personnel (including subcontractor personnel); and shall be responsible for cleanup of Contractor’s worksite and the proper disposal of materials, including without limitation packaging or waste. Contractor shall in all cases obtain a pre- approval in writing from the duly appointed Town representative prior to storing any Contractor materials, including equipment or tools, on Town property. Storage of Contractor material on Town property is at the Contractor’s sole and exclusive risk. The Town is not responsible for any damage to, or loss of, Contractor’s material while stored on Town property. Failure by the Contractor to remove and dispose of any Contractor materials within five (5) days of a Town request for removal shall result in Contractor being deemed to abandon such materials. The Town shall thereafter have the right to remove and dispose of such materials without further notice to Contractor, and Contractor shall indemnify and hold harmless the Town for all costs associated with such removal and disposal. 13. Termination. The Town may, at any time upon written notice to Contractor, cancel, terminate, suspend performance of, or issue a hold on, (collectively “Termination”) the Contract, in whole or in part, for any reason including (a) for cause or (b) for the Town’s convenience, provided that a termination for convenience notice must be sent at least twelve (12) months in advance of the effective date of termination. If the Town cancels or terminates the Contract for convenience, all work completed by Contractor to the satisfaction of the Town, and all authorized work in progress as of the termination date will be paid for by the Town in accordance with the provisions of the Contract. The Contractor will not be entitled to payment for work completed or authorized work in progress if the Town suspends performance of or issues a hold on the Contract unless and until the Town cancels or terminates the Contract for the Town’s convenience. Upon a termination or cancellation for convenience, any work-in- progress shall be paid on the basis of Contractor’s costs incurred in the preparation of such work-in- progress to the date of termination, subject to Contractor providing reasonable evidence of such costs. The Town shall in no event be liable to pay a total amount exceeding the Contract value. The Town will have no further liability or obligation whatsoever to Contractor for any Termination. Any breach of the Contract by Contractor will entitle the Town to immediately cancel or terminate the Contract without liability to the Contractor whatsoever and without any prejudice to the other rights and remedies the Town may have. Without limiting the generality of the foregoing, in the event of a Termination for cause, the Town shall have the right to appoint a third party to complete the Services or supply the remaining Goods and Contractor shall be liable for the additional costs incurred by the Town in connection with such re-procurement and for the completion of work. Page 100 of 298 Page 5 of 31 OF-2020-01 Fire Dispatch Services 14. Governing Law and Competent Court. The construction, interpretation and performance of the Contract are governed by the applicable laws of the Province of Ontario and Canada, without regard to conflicts of laws principles. The parties expressly exclude application of the United Nations Convention on Contracts for the International Sale of Goods. Any and all disputes between the Town and Contractor that ensue from the Contract will be submitted to a competent court of the Province of Ontario, without prejudice to the Town’s right to submit a dispute to the court that would be competent absent this clause. 15. Liability and Insurance. Each party agrees it is responsible to any third party for injury or losses that the third party may suffer to the extent such party to the Contract, or its employees, agents or subcontractors, caused them. Contractor is liable to the Town only for (a) all damages and costs (including legal fees) resulting from claims of intellectual property infringement; (b) all damages and costs (including legal fees) for personal injury, including death, caused by Contractor, its employees, agents or subcontractors (collectively “Contractor and Assigns”) (c) all direct damages for loss of or physical harm to tangible property and real property caused by Contractor and Assigns; (d) all damages and costs (including legal fees) for breach of confidentiality and (e) any other direct damages caused by Contractor and Assigns in relation to the Contract, including re-procurement costs incurred by the Town, up to a maximum for this Section (e) of the greater of: (i) one million dollars (CDN$1,000,000) or (ii) the highest limit of insurance coverage to be maintained by the Contractor as specified in the Contract. Contractor shall not be liable to the Town for special, indirect or consequential damages except in relation to (a), (b), and (d) above. Contractor shall defend the Town at Contractor’s cost where the Town requests but shall not enter into any settlements admitting any Town liability without the Town’s prior written consent. Contractor agrees to furnish, upon request by the Town, evidence of comprehensive general liability insurance with limits of ONE MILLION (CDN$1,000,000) DOLLARS or, if applicable, the higher limits specified elsewhere in the Contract. All insurance policies must name the Town as an additional insured. IN NO EVENT SHALL THE TOWN BE LIABLE TO CONTRACTOR FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS, LOST PRODUCTION OR PROFITS, LOST OPPORTUNITY, EXPENSES OR DAMAGES INCLUDING WITHOUT LIMITATION LITIGATION COSTS ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES. IN NO EVENT SHALL THE TOWN’S LIABILITY EXCEED (A) THE DOLLAR VALUE OF THE CONTRACT OR (B) WHERE NO DOLLAR VALUE MAY BE CALCULATED, THEN THE DOLLAR VALUE IS THE AMOUNT PAID (AND PAYABLE) BY THE TOWN TO THE CONTRACTOR IN THE TWELVE MONTHS PRECEDING THE DATE OF THE INCIDENT FIRST GIVING RISE TO THE CLAIM. 16. Intellectual Property. In exchange for the consideration provided to Contractor hereunder, the Town will: (i) have free title to and all ownership interest in the Goods or Services (which, for greater certainty, includes all deliverables) delivered; (ii) own all intellectual property rights in any documents, software or other information developed for the Town pursuant to this contract and delivered hereunder except for pre-existing software or pre-existing Contractor or third party proprietary materials contributed by the Contractor (together, such pre-existing software and materials are the “Pre-Existing Materials”.) The Town is hereby granted a perpetual, paid-up, royalty free, irrevocable license to such Pre-Existing Materials to the fullest extent required by the Town to make use of the Goods and Services for the Town’s internal purposes and for any additional purpose as may be expressly contemplated by this contract. Contractor agrees to execute any assignment, conveyance or any other assurance necessary to give effect to this Section and shall ensure that the Town has Page 101 of 298 Page 6 of 31 OF-2020-01 Fire Dispatch Services supporting technical documentation and a license to all Pre-Existing Materials delivered by Contractor hereunder sufficient to allow the Town to have the intended use of the Goods and Services (including all deliverables). 17. Town Property, Confidentiality, Privacy and Publicity. All specifications, drawings, patterns, samples and other information furnished to Contractor by the Town in connection with the Contract will be used solely for the purpose of carrying out the work and for no other purpose; will remain the property of the Town; and be returned or destroyed at the Town’s request at the expense of Contractor. This Contract and information issued, used or disclosed in connection with the work are confidential and may be classified as to the degree of precaution necessary for their safeguarding. Contractor shall at all times take all measures reasonably necessary, including those set out in any instructions issued by the Town, for the protection of same. Contractor shall not use the Town’s name in any public statement or publicize the fact the parties are doing business, without the prior written consent of the Town. Contractor agrees that, unless otherwise agreed in writing by the Town, all personal and security sensitive information disclosed by the Town, or managed, accessed, collected, used, retained, created or disposed of in order to fulfill the requirements of the Contract will at all times be stored on segregated, stand-alone information systems in Canada. 18. Contractor Records and Audits. Contractor shall keep proper accounts and records of costs and expenditures in connection with the Contract including paid invoices for a period of seven (7) years following the expiration or termination of the Contract and shall make them available to the Town upon request, for audit and inspection at any time. Where such audit or inspection discloses an overpayment by the Town, the Town shall have a right to set-off the amount of such overpayment against future Contractor invoices issued pursuant to this or any other Contract and, to the extent that the Town’s right of set-off is not exercised or not adequate to cover such overpayment, Contractor shall be responsible for repaying such overpayment. 19. Freedom of Information and Privacy Legislation. Proponents to be aware that all information distributed and collected with respect to the procurement process is subject to the Municipal Freedom of Information and Protection of Privacy Act, RSO, 1990 or any other applicable information or privacy legislation. Notwithstanding any term to the contrary, the Town will comply with the legal disclosure requirements as to any information relating to this Contract. 20. Subcontracting. Contractor may subcontract portions of the work pursuant to this Contract provided that Contractor shall be liable for its subcontractors’ compliance with the Contract. Where Contractor engages subconsultants to provide specialized services that Contractor, Contractor may only add a markup of not more than 5% of the cost of such subcontracted services to cover office administration costs when claiming reimbursement from the Town. 21. Notices. Each party shall deliver notices, requests, consents, claims, demands, waivers and other communications under this Contract in writing and addressed to the other party at the addresses set forth on the first page of this Contract (or to such other address that may be designated by the receiving party from time to time in accordance with this section). Each party shall deliver notices by personal delivery, regular mail, nationally recognized overnight courier (with all fees prepaid), facsimile or email. Notices shall be deemed received on the date of delivery by hand; seven (7) days following posting in regular mail; upon confirmed delivery by the courier service; and, if by fax or email, where the recipient party confirms by whatever means that it has received the notice. Page 102 of 298 Page 7 of 31 OF-2020-01 Fire Dispatch Services 22. Miscellaneous. Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt by the receiving party and (b) if the party giving the Notice has complied with the requirements of this section. Contractor is an independent contractor and not an agent or employee of the Town. Contractor shall at all times comply with applicable laws. Nothing in this Contract grants Contractor the right to exclusively provide the Goods or Services. The Town shall at any time have the right to engage alternate or supplemental parties to perform the same or similar Services or provide the Goods at any time. Any delay by the Town in the exercise of any right or remedy provided herein shall in no event be deemed to be a waiver of such right or remedy. To be valid, any waiver by the Town must be made in writing expressly referencing the Contract. A valid waiver of any right or remedy herein will in no event be deemed to (i) constitute a waiver of such right or remedy arising in the future or (ii) operate as a waiver of any other right or remedy. If any provision of the Contract is held to be invalid or unenforceable by a judicial or regulatory authority, the meaning of such provision shall be construed, to the extent feasible, so as to render the provision enforceable. If no feasible interpretation would save the provision, it shall be severed, and the remainder shall not be affected and shall be enforced as nearly as possible according to its original terms and intent. The Town may assign its rights and obligations under the Contract without requiring any notice to or consent from Contractor. Contractor may not assign or transfer any right or obligations hereunder without the prior written consent of the Town. A copy or electronic version of this document will have the same force and effect as the original document. Les parties ont accepté que ce document soit rédigé en anglais. The parties have agreed that this document be prepared in the English language. IN WITNESS WHEREOF, this Contract has been executed by the undersigned authorized representatives. Town of Orangeville Town of Tillsonburg Name: ______________________________ Name: ________________________________ Title: _______________________________ Title: __________________________________ Signature: ___________________________ Signature: ______________________________ Date: _______________________________ Date: _________________________________ ATTACHMENTS: Schedule “A” (Scope of Work) (the “SOW”) Schedule “B” (Basis of Payment) Schedule “C” the Town RFP OF-2020-01, including (i) all Addenda (which, for greater certainty, shall supersede the contents of the RFP) and (ii) all documents incorporated by reference into the RFP; Schedule “D” the Contractor’s proposal dated March 5, 2020, submitted in response to the above- noted RFP. Schedule “E” General Liability Insurance and WSIB certificates Schedule “F” Town of Orangeville Health and Safety Policy Page 103 of 298 Page 8 of 31 OF-2020-01 Fire Dispatch Services Schedule A – Scope of Work INTRODUCTION The Orangeville Fire Service is located in The Town of Orangeville which a community of approximately 29,000 people and is located at the northwest edge of the GTA, approximately one hour north of Toronto and in the heart of southwestern Ontario. The Town of Orangeville is seeking proposals for agencies to provide full call taking and dispatching services to our municipality. TERM OF AGREEMENT OF SERVICE The successful Proponent will be required to enter into an Agreement (the “Contract”) with the Town of Orangeville for the provision of the Deliverables as stated in this RFP. It is Town of Orangeville’s intention to enter into the Form of Agreement based on that described in this document and in the form attached with only one (1) legal entity. The contract is effective as of the Effective Date specified on the first page of the contract and will have a term of three (3) years. The parties may, upon mutual written agreement, renew the contract for up to two (2) separate and additional one (1) year periods. CONTRACT RENEWAL – DISCUSSIONS TO COMMENCE BY MARCH 1, 2022 The negotiation of a renewal shall commence not later than March 1, 2022. The parties shall use reasonable efforts to reach mutual agreement on the renewal by not later than April 30, 2022. Where the parties have not mutually agreed on a renewal of the Contract April 30, 2022, and renewal discussions are ongoing, subject to a written agreement to the contrary, the Contract shall be deemed to be extended for the period of time beyond April 30, 2022 it takes the parties to reach a decision on the renewal, or non-renewal, as the case may be. For example, if a party notifies the other on May 31, 2022, that it has elected not to renew this Contract, then the Contract shall be deemed to expire 12 months as of the date of that notice, on May 30, 2023, regardless of the original Contract expiration date. This deemed extension is intended to provide each party at least 12 months prior notice of a termination or expiration of this Contract. The work will commence immediately following the receipt of the fully executed contract from the Town. The Contractor is expected to begin to acquire, install, test, and commission all equipment on or around May 25, 2020 or other later date as mutually agreed, in order for fully operational Fire Dispatch Services to commence at the latest, on August1, 2020 at 12:00:01 a.m., or at a mutually agreeable time. All costs associated with set-up, testing and commissioning of equipment will be born solely by the Contractor and is included in the prices. NO GUARANTEE OF VOLUME OF WORK OR EXCLUSIVITY OF CONTRACT The Town of Orangeville makes no guarantee of the value or volume of work to be assigned to the successful bidder. The Agreement executed with the selected Proponent will not be an exclusive contract for the provision of the described Deliverables. The Town of Orangeville may contract with others for the same or similar Deliverables to those described in this RFP or may obtain the same or similar Deliverables internally. Page 104 of 298 Page 9 of 31 OF-2020-01 Fire Dispatch Services SUBCONTRACTED PROPONENTS Any and all persons who are identified in a Proposal as sharing responsibility related to the fulfilment of the RFP requirements or the provision of the Deliverables, shall be considered Subcontractors for the purpose of the Agreement and, as such, the Successful Proponent assumes full responsibility and liability for the Subcontractors as set out in the Agreement attached to this RFP. SERVICES SPECIFICATIONS The primary objective for the Town of Orangeville in issuing this RFP is to receive proposals for primary fire dispatch / control services. Properly supplying this service will require an organization with sufficient staff, facilities, and electronic equipment to accommodate the demands and responsibilities of answering emergency calls, dispatching appropriate fire department resources and acting as control for the entirety of each incident. The service is operated out of one station located at 10 Dawson Road, and has a suppression staff of 20 full time firefighters, and 28 volunteer firefighters. A total of six frontline fire apparatus and five senior staff SUV’s are operated out of this station. In 2019, we responded to 1761 calls, of these calls 80% are covered by a single apparatus response by our full-time suppression staff, and the remaining 20% would be toned out to our volunteers. Our service provides suppression and prevention services under a Municipal Contract to portions of Town of Mono, Township of East Garafraxa and Township of Amaranth. Orangeville is situated within Dufferin County, and is mutual aid partners with Shelburne, Grand Valley, Rosemont and Mulmur-Melancthon Fire Departments. Other mutual aid partners outside of Orangeville include the Town of Caledon and Town of Erin. Page 105 of 298 Page 10 of 31 OF-2020-01 Fire Dispatch Services Current Radio & Reporting Infrastructure: The Orangeville Fire Service currently uses a Motorola P25 Digital Communication System consisting of 39 portable radios and 14 mobile radios for in truck and in station communications. It is anticipated in the year 2020/2021, that the current mobile and portable radios will be upgraded, as the current systems will have reached end of life. Our current paging system consists of Motorola Minitor VI pagers which operate on an analogue frequency. Orangeville Fire has the capability of paging from our station as an emergency backup. Communication Towers are currently positioned at the Orangeville Fire Station and at the water tower located in the western area of town. Orangeville Fire maintains an alternate phone number provided to external alarm monitoring agencies, and may be utilized in non-emergency situations. Our current 911 Central Emergency Reporting Bureau is Northern 911. Our current reporting records management system software is managed through FP2 (FirePro). The successful Proponent shall commence, managing and operating a professional and efficient fire dispatch/ communications service at the latest, on July, 15, 2020 at 12:00:01 a.m., or at a mutually agreeable time. Prior to this date, the successful service provider shall acquire, install, test, and commission all equipment required to fully operate an approved fire dispatch service and shall employ and train sufficient staff to provide this service on a 24 hours per day basis, for the duration of the contract. The successful communications centre Proponent shall be responsible to take all necessary steps to ensure compatibility with Orangeville Fire's radio equipment and frequencies. All costs associated with integrating radio systems, testing and commissioning of radio equipment shall be born exclusively by the successful Proponent. Services to be provided by the dispatch/control centre shall include, but not be limited to: a. communications between the public and the communications centre b. communications between the communications centre and Orangeville Fire personnel c. communications between the Orangeville Fire and outside agencies d. support to Orangeville Fire personnel at emergency and non-emergency incidents as requested and required e. creation and maintenance of a general email address for non-emergency communications between Orangeville Fire staff and dispatch All telecommunicators shall be trained in general fire service operations and shall have access to information regarding the following: a. locations of streets, roads and highways b. locations of high life hazard structures c. locations of congested or hazardous areas Page 106 of 298 Page 11 of 31 OF-2020-01 Fire Dispatch Services All telecommunicators shall meet the job performance requirements for Public Safety Telecommunicator II, as defined by the National Fire Protection Association (NFPA) 1061, and have knowledge of all communications equipment and systems. The certified agency shall provide sufficient staffing, facilities and telecommunications equipment to meet the demands and responsibilities of answering, call taking and dispatching emergency calls. i. Respond to 911 calls and non-emergency calls with respect to Orangeville Fire Service coverage area. ii. Alert the Orangeville Fire Service full time crew of emergency calls as well as paging out of the volunteer staff when required. iii. Communicate with the Orangeville Fire Service under both emergency and non-emergency conditions. a. During a significant event please describe your process in insuring that Orangeville Fire has a dedicated communicator throughout the event to ensure the health and safety of firefighters. iv. Communicate with the Orangeville Fire Service at the request of mutual aid from other area fire services. v. Communicate with other agencies or mutual aid partners during an emergency as requested by Orangeville Fire Service Incident Commander. vi. Provide information, data and other resources during emergencies. vii. Maintain and report on all dispatched calls according to Ontario regulations. viii. Maintain and update GIS, mapping and road infrastructure into CAD system. ix. The provider shall supply voice-logging services of all telephone and radio transmissions. x. The dispatch software supports file-based incident data transfer, or records management system access to our administration. xi. The agency must adhere to proper fire communication terminology and recognized benchmarks utilized in standard communications and May Day situations. xii. Describe your process in conducting daily pager tests, and weekly radio tests. The responsibilities mentioned will be subject to a management meeting between the communications centre and Orangeville Fire Service management to establish the SOG’s/SOP’s for response and communication protocols. Compliancy to NFPA Standards: a. Provide documentation identifying how your proposal is compliant with, NFPA 1061: Standard for Professional Qualifications for Public Safety Telecommunicators and compliant with NFPA 1221: Installation, Maintenance and use of Emergency Services Communications Systems. Page 107 of 298 Page 12 of 31 OF-2020-01 Fire Dispatch Services b. Proponents who are unable to provide documentation proving complete compliance with the NFPA standards referenced above should identify in their proposal the extent to which they are currently compliant, and what strategies and programs have been established or will be established to achieve compliance; include timelines and target dates with your proposal. Methodology, Work Plan, Schedule and Equipment a. Describe your methodology of call intake to dispatch or emergency apparatus and crews. b. Provide detailed information regarding the existing dispatching equipment utilized by the telecommunicators, describing the extent of computer aided dispatching (CAD) equipment and current capabilities. Explain your preparedness for technical advancements or plans of providing future government requirements concerning 911/emergency communications. c. Provide details of the alternative communications facility, and how this facility, when staffed, can perform the emergency functions of the primary communications centre. This facility shall be separated geographically from the primary communications centre. Confirm that a comprehensive emergency management plan has been created and implemented. a. Describe the record keeping procedures for both voice and data records. Describe how the system(s) work, how copies are obtained (include time frame for supply), what media format(s) is available, record retention policy(ies) are in place, and what equipment or systems are recorded. Data or recordings relevant to an investigation must be maintained until the conclusion of the investigation regardless of existing record retention policies. Incident logs and recordings are to be maintained for a minimum period of seven (7) years from date of incident. b. The Orangeville Fire will provide the successful Proponent with data regarding apparatus running orders. Describe how this information is to be stored, and how the telecommunicators can access this data. Describe how communications will be transmitted between the communications centre and Orangeville Fire's pagers/portable radios/mobile radios including texting and email capabilities. g. Describe the process in which radio repair technicians are authorized to work within the communications facility. h. Include a training proposal for telecommunicators. i. Provide a quality assurance program to ensure the consistency and effectiveness of alarm processing. As part of the quality assurance program, include a policy that provides for the appropriate transfer of information when a telecommunicator is relieved. j. Describe the process that takes place when a new directive is introduced by Orangeville Fire for the telecommunicators. Include steps that will be taken by the Proponent to ensure that new directives are fully and completely implemented. k. Provide details of how the Proponent will work with Orangeville Fire to create/ implement the communications centre's SOG's & SOP's. l. Identify how the Proponent will staff the communications centre at an appropriate level to handle day to day operations, and the anticipated emergency and non-emergency call volume. - Examples are burn complaints, alarm company testing, and non-emergency inquiries m. Identify the planned process for switching Orangeville Fire dispatching services from existing service provider, as set out in Section 3.5.1 of this RFP. Page 108 of 298 Page 13 of 31 OF-2020-01 Fire Dispatch Services n. Include timelines for implementing RFP requirements and establishing a communications centre capable of dispatching for the Orangeville Fire on July 15, 2020 at 12:00:01 a.m. ADDITIONAL GOODS OR SERVICES The Town may, from time to time, engage the Contractor to supply additional goods or services during the term of the Contract. Additional goods or services shall be as described in an amendment to the Contract, a change order or a purchase order and shall be billed at prices that do not exceed the prices in the Contract. SERVICE LEVEL AGREEMENT Service quality and timeliness are of important to the Town in the conduct of the Services. a) Responsiveness - All communications from the Town must be acknowledged by Contractor personnel within 1 business day of Contractor’s receipt. b) Timelines to be Consistently Met – All committed timelines must be consistently met. The Contractor must notify the Town as soon as it discovers it will not meet a committed timeline. c) Quality of Work – All final deliverables should be free of typographical errors and arrived signed and on time to the Town’s representative. Should there be a repeated failure to meet the service levels set out herein, the Town will issue a formal warning notice to Contractor describing the incidents giving rise to the warning notice. If the Contractor fails to rectify the poor service levels following receipt of the warning notice to the Town’s satisfaction, the Town may exercise its rights of termination pursuant to the Contract. ANNUAL BUSINESS REVIEW MEETINGS Executive level representatives shall meet in person at least annually and at such other times as reasonably requested by the Town, to review matters pertaining to the Contract and discuss Contract performance and other matters relating to the working relationship. At least two (2) weeks before the scheduled date for each executive management meeting, the Contractor will, in consultation with the Town Contract Representative, prepare and send an agenda which will set out the issues to be covered at such meeting. Meetings may be held in person, by phone or by any other mutually acceptable electronic means that allow the Parties to effectively communicate. TOWN CONTRACT REPRESENTATIVE The Town’s representative for all matters concerning this Contract and the services shall be: Ronald Morden, Fire Chief Orangeville Fire, Community Services Department 519-941-3083 Ext. 6525 rmorden@orangeville.ca TOWN’S CONTRACTOR HEALTH AND SAFETY AGREEMENT The Contractor must receive, review and sign the Town’s contractor’s health and safety agreement (“Contractor’s Health and Safety Agreement”) as contractors must submit a completed Contractor’s Health and Safety Agreement and checklist prior to commencing the Services. Once executed, the Health and Safety Agreement shall be deemed to be incorporated as a schedule to the Contract. Page 109 of 298 Page 14 of 31 OF-2020-01 Fire Dispatch Services INSURANCE REQUIREMENTS Contractor must demonstrate and provide evidence of the following insurance: a) Commercial General Liability Insurance in an amount not less than $1,000,000 per occurrence, $5,000,000 General Aggregate, $5,000,000 Products and Completed Operations Aggregate, and $1,000,000 Personal & Advertising Injury. b) Umbrella/Excess Liability Insurance providing additional limits of $5,000,000 per occurrence and $5,000,000 in the aggregate over the Employers Liability, Automobile Liability and Commercial General Liability policies required herein. c) Employers’ Liability Insurance with limits of $1,000,000 per Accident/$1,000,000 per Disease/$1,000,000 Disease Policy Limit. Where permitted by law, such insurance shall contain waivers of the insurer’s right of subrogation against the Town, its officers and employees. d) Errors and Omissions Insurance/Professional Liability Insurance covering negligent acts, errors or omissions arising out of the rendering of or failure to render professional and other advisory services as contracted under this Agreement, whether committed or alleged to have been committed by Contractor or by its employees, suppliers or others for whom the Contractor is legally responsible with minimum limits of $1,000,000 each claim, $3,000,000 aggregate. To the extent that Contractor contracts with representatives or agents that provide professional services under this Agreement, this requirement may be fulfilled by Contractor’s requirement of those agents or representatives to meet this same criterion, and by provision of evidence of representative or agent insurance coverage to the Town upon request. Certificate of Insurance: Contractor shall furnish certificates of insurance acceptable to the Town prior to execution of the contract and in any event prior to the earlier of the purchase of any Good or the commencement of any Services, and thereafter, not less than ten (10) days prior to any expiration or renewal date. All insurance policies will be written by a company authorized to do business in Ontario and with an A.M. Best Rating of A-: VII or better. In no event will the coverage or limits of any insurance maintained by Contractor under this section or the lack or unavailability of any other insurance, limit or diminish in any way Contractor’s obligations or liability to the Town under this Agreement. Any acceptance of insurance certificates by the Town shall not limit or relieve Contractor of the duties and responsibilities assumed by it under this Agreement. Additional Insureds: The Commercial General Liability Insurance maintained by Contractor pursuant to this Agreement shall be endorsed to name the Town, its officers and employees as additional insureds. It is agreed that the insurance afforded such additional insureds shall apply as primary insurance and that any other insurance carried by the Town shall be excess only and shall not contribute with this insurance. Workplace Safety and Insurance Board To the extent that the Workplace Safety and Insurance Act S.O. 1997 c. 16 Schedule A, as amended, applies to the Deliverables and whether a Contract refers to manufactured items or to work, the Proponent warrants and agrees that it has complied and will comply with applicable workplace safety and insurance laws and regulations. The Proponent shall provide the Town contact with a copy of a Certificate of Clearance indicating the Proponent’s good standing with the Workplace Safety and Page 110 of 298 Page 15 of 31 OF-2020-01 Fire Dispatch Services Insurance Board immediately prior to the Town signing the Contract and at any other time when requested by the Town. Page 111 of 298 Page 16 of 31 OF-2020-01 Fire Dispatch Services Schedule B – Basis of Payment Fee Schedule – Installation and Initial Term Installation (1) Year 1(2)(3) Year 2(3) Year 3(3) Price 38,420 67,000 67,000 67,000 (1) The installation fee may only be invoiced upon Contractor’s receipt of the Town’s written acceptance of the service installation. (2) Year 1 annual fee will be prorated based on the number of days left following the Town’s acceptance of the service. (3) Amounts shall be paid in equal monthly instalments, in arrears, and may start being invoiced following the acceptance of the installation, starting on the commencement of the first calendar month following acceptance. (Amounts for the first and last months may be prorated as appropriate to reflect partial months.) (4) All amounts shown are exclusive of applicable taxes. Payment Terms and Conditions 1. The prices shall be fixed for the initial 3-year term of the contract. Thereafter, the yearly costs / pricing will remain the same, but in each year, will be subject to an annual price adjustment based on the changes to the CPI (All Items) for Canada, as published by Statistic Canada, in the immediately preceding 12-month period. 2. Except as expressly stated, the prices are firm, all-inclusive rates including all labour, materials, photocopies, telephone charges, overhead, profit, taxes and all other costs associated with providing all the work, goods and materials, and carrying out the activities outlined in the Scope of Work and the Contract. 3. Invoicing for Additional Goods or Services. 3.2 Contractor may only invoice for additional goods or services that are approved by the Town pursuant to a written Town purchase order, contract amendment or a Town-approved change order. Invoicing for additional goods or services shall be based on the prices specified in the Contract. Invoices for additional goods or services shall be issued monthly for services performed in the prior month and must detail, at minimum, the name of the person, description of services, date on which a task was performed, description of the task and time spent performing the task of the particular date. Invoices for goods may be issued following inspection and the Town’s acceptance of the goods. 3.3 The Contractor represents and warrants and shall represent and warrant at all times during the term of the Contract, that the hourly rates or unit prices charged for any additional goods or services ordered shall be not higher than the rates charged to Contractor’s other public-sector customers for similar services. The Town reserves the right to audit Contractor’s relevant records to verify compliance with this requirement at any time during the term of the Contract. Page 112 of 298 Page 17 of 31 OF-2020-01 Fire Dispatch Services Should the Town determine, as a result of such audit, that prices charged are higher than the prices otherwise charged to other customers, the prices listed in the Contract shall be lowered accordingly and the Town shall be entitled to receive, at its option, a refund on overcharged amounts or a credit for the overcharged amounts that will be applied to the next applicable invoice. Page 113 of 298 Page 18 of 31 OF-2020-01 Fire Dispatch Services Schedule “A” Company Profile and Experience Tillsonburg Fire and Rescue Services started with the dispatching of the local police and fire service more than sixty years ago. The Communications centre moved to the Fire Station in 2008, and commenced with dispatching additional Fire Departments. Currently, the Town of Tillsonburg provides fire communications service for seventeen (17) Fire Departments which includes twenty nine (29) Fire Stations. In total, our fire communicators provide fire communications services for a combined population of over 225,356. We currently staff ten (10) Fire Communicators who are all IFSAC certified Public Safety Telecommunicators Level I and II (NFPA 1061 Standard 2014 Edition). This includes a FireComm Manager in Fire Communications Monday to Friday from 08:00 hours (8am) and to 17:00 hours (5 pm), in addition to an on duty Communicator. If we obtained this contract we would be hiring additional Fire Communicators to accommodate two (2) Communicators on duty twenty four seven (24/7) which would also include the manager Monday to Friday. Relevant Experience Customer Name: The Township of Elgin County Term(#years): Agreement with Elgin County which commenced in 2008 Description of Work 7 Municipalities with a total of 16 Stations Population: 50,069 Average Incidents: Average of 1800 Incidents per year Incident Breakdown 2019: Rescue – 356, Suppression – 493, Medical - 913 Relevant Experience Customer Name: The Town of Ingersoll Term(#years): Agreement with Elgin County which commenced in 2013 Description of Work: 1 Station Population: 12,587 Average Incidents: 225 Incident Breakdown 2019: Rescue – 13, Suppression- 159, Medical - 26 Relevant Experience Reference Name: The Municipality of Kincardine Term(#years): Agreement with Kincardine which commenced in 2014 Description of Work: 2 Stations Population: 11,174 Average Incidents: 250 Incident Breakdown 2019: Rescue – 45, Suppression- 148, Medical - 32 Fire Comm 2019 Total Incident Volume Fire Station: 29 Stations 2019 – 3168 Incidents Dispatched Population: 225,356 Incident Breakdown 2019: Rescue – 531, Suppression – 1,097 , Medical – 1,540 Page 114 of 298 Page 19 of 31 OF-2020-01 Fire Dispatch Services In 2019, Tillsonburg Fire Communications processed 22,930 calls, of which 3,477 were emergency incidents. In 2019, percent (98%) of emergency alarms were answered in (15) seconds or less, and percent (2%) of emergency alarms were answered in (40) seconds or less. In 2019, percent (94%) of emergency alarm processing was completed in (60) seconds or less, and percent (99%) of emergency alarm processing was completed in (90) seconds or less. In 2018, Tillsonburg Fire Communications processed 18,406 calls, of which 3,232 were emergency incidents. In 2018, percent (99%) of emergency alarms were answered in (15) seconds or less, and percent (1%) of emergency alarms were answered in (40) seconds or less. In 2018, percent (98%) of emergency alarm processing was completed in (60) seconds or less, and percent (96%) of emergency alarm processing was completed in (90) seconds or less. In 2017, Tillsonburg Fire Communications processed 15,878 calls, of which 2,753 were emergency incidents. In 2017, percent (99%) of emergency alarms were answered in (15) seconds or less, and percent (1%) of emergency alarms were answered in (40) seconds or less. In 2017, percent (95%) of emergency alarm processing was completed in (60) seconds or less, and percent (95%) of emergency alarm processing was completed in (90) seconds or less. Scope of Service Should it be required, Tillsonburg Fire Communications will be responsible for all federal communications licensing application(s) and will work with Industry Canada to modify existing licensing. As the licences currently exist, no Industry Canada issues are anticipated. Tillsonburg Fire Communications will supply, install, test and commission all vendor components required for the receipt of The Corporation of the Town of Orangeville communications at the Tillsonburg Fire Communications centre. This testing will be conducted periodically between the agreement sign date and April 15, 2020. The service provider currently has all of the equipment required to operate an approved Fire Dispatch Service, including a fully functional Computer Aided Dispatch (CAD) operated by professionally trained staff members. Tillsonburg Fire Communications will work with The Corporation of the Town of Orangeville to develop call type specific run sheets to meet their needs. The mapping areas and the call run- sheets will be tested and commissioned prior to commencing dispatching duties. The proposed connectivity from Tillsonburg Fire Communications to The Corporation of the Town of Orangeville will be through the local radio system transmitting over the Simulcast system. For redundancy in case of any radio failures at the main dispatch centre, we will have a full back up located at the back up location at 10 Lisgar Avenue. The Tillsonburg Fire Communications Alternate dispatch location will use the redundant AVTEC IP Console. The Service Provider anticipates that once we receive the GIS mapping data the Town of Orangeville, we will be easily able to continually update the GIS mapping. The Service Provider and the Agent take no responsibility with respect to the quality of the data received. Page 115 of 298 Page 20 of 31 OF-2020-01 Fire Dispatch Services It is a core value of Tillsonburg Fire Communications to provide a work environment that fosters and encourages continuing education and professional development for the Fire Service Communicators. It is the Service Provider’s written policy that fire communicators answer radio and telephone calls within 15 seconds 95% of the time and 99% of the calls to be answered with 40 seconds. In 2019, Tillsonburg Fire Communications’ average “hook” time was seven (7) seconds. The average dispatch time in 2019 was fourty three (43) seconds. These time requirements are outlined within our SOG 1106, Maximum Time Parameters and Reporting. This policy establishes the necessity to be alert for incoming calls throughout the work shift. Reference can also be made to SOG 1107, Emergency Call Taking and SOG 1108, Radio Procedures and Dispatching. The service provider agrees to supply to the customer a Quality Assurance Programs outlined in SOG 1105. This guideline ensures smooth, professional service that meets guidelines, standards and best practices. The program outlines the review of data and the ability of customers to promote issues, which require resolution or clarification in order to foster continual quality improvement of our service. The service provider agrees to provide to the customer a seamless transmission of information once the information is received from the Primary Public Safety Answering Point (PPSAP) until the time an emergency is terminated by the incident commander according to the time targets specified within NFPA 1221. The radio communications systems, telecommunications systems, CAD systems, redundancies and back-up capabilities currently in use at Tillsonburg Fire Communications centre and the alternate communications site meet the requirements of NFPA 1221: Installation, Maintenance and Use of Emergency Services Communications Systems. Prior to commencing dispatching duties, Tillsonburg Fire Communications will make arrangements with the 9-1-1 Service Provider (Bell Canada) to deliver 9-1-1 calls for fire service (voice and data) to the PSAP (Public Safety Answer Point) Tillsonburg Fire on the mutually agreed upon date. Tillsonburg Fire Communications will arrange 9-1-1 test calls post cut over to ensure the successful delivery of both voice and data to all Tillsonburg Fire Communication systems. It should be noted; that a change of PSAP falls under the CRTC Canadian industry recommended activity minimum notification timelines whereby the 9-1-1 Service Provider (Bell Canada) must provide at least 45 days’ notice to all telephone service companies that are providing service within the particular municipal area. For this reason, the effective date of change must be Mon-Fri during normal business hours (8am - 5pm) and excluding statutory holidays. Tillsonburg Fire Communications is currently working with Bell Canada on the implementation of all NG911 requirements before the June 2028 change over. This process will be on going, and will be shared with all Communication customers transparently as this process moves along. The communications system is maintained by contract with BearCom Communications. A 24/7 service agreement with this company gives priority to our system. At any point in time if there are systems issues, a Standard Operating Guideline is to be followed by the Fire Communicator. All SOG’s relating to the provision of services to The Corporation of the Town of Orangeville will be provided to The Corporation of the Town of Orangeville for review and comment prior to implementation of service delivery. All parties affected by system maintenance and/or upgrades shall have prior notification when possible. Any changes that will affect service delivery shall be brought forward to a scheduled meeting with the Customer. Tillsonburg Fire Communications has utilized the services of BearCom formerly known as Page 116 of 298 Page 21 of 31 OF-2020-01 Fire Dispatch Services Spectrum Communications for twenty (20) years and it has been our experience that radio system issues are dealt with in an efficient and professional manner. The Service Provider operates two primary public safety communications consoles. The communications pod is contained within a secure area of the building. The building is equipped with automatic transfer emergency generator. These two consoles are identical and are both capable of handling numerous calls simultaneously. The Service Provider operates a third fire communications console at a remote location within our municipal Customer Service Centre (CSC), 10 Lisgar Ave, within the Town of Tillsonburg. In addition to these live consoles we can utilize the training console in our training room adjacent to FireComm in the case of an emergency situation that would need an additional live CAD. Tillsonburg Fire Communications has just replaced all their consoles with a new, Ip based digital mission critical console and digital telephone/radio voice recorder system in 2018. Throughout an event, all information is logged on the CAD system by the communicator and all telecommunications are captured on a digital voice recorder. At the completion of the event, detailed incident report information is electronically transmitted to the customer either directly from the CAD system to the Ingenious Records Management System server (FirePro2) or via Portable Document Format (PDF) for customers who do not utilize an electronic records management system. Tillsonburg Fire Communications also has the ability to export incident reports to alternate records management systems (Firehouse records management system, for example). All CAD data records are also stored within the central dispatch server. This server has regular updates. All dispatching information contained within the CAD system, including mapping, run sheets, etc., is maintained in hard copy as an instantaneous backup should a catastrophic failure of the CAD system occur. All voice recordings are stored on the digital recorder hard drive and backed up on non- interruptible, non-erasable disks as required. All voice communications received on licensed radios channels and dedicated phone lines are recorded digitally. The voice recordings for events can be made available in a set format and distributed electronically or on non-erasable media. The availability and dispersing of voice recordings are managed according to our current policy as to whom and when they can be requested. Each main console is connected to the digital recording device and captures all radio communications. This device has an interface that allows the communicator to play back recordings from any point and from any line-in to capture any missed information. Tillsonburg Fire Communications currently enters Burn Permit information into the CAD system for specific sites (addresses) as provided by our Customers. Once entered into the CAD system, the permit location is readily displayed for the Fire Communicator on the CAD system in two formats. Permit locations are listed by address in a table as well as identified on the CAD system map as an icon. Once “activated” by the Fire Communicator after the permit holder calls into the Communications Centre on a dedicated Burn Permit telephone line, the CAD system then displays the active permit in an active permit table as well as identified on the CAD system map as a separate and distinct icon. Tillsonburg Fire Communications maintains a toll-free telephone number for the burn permit activation phone calls and provides this service to all customers at no additional cost. Other property specific information such as hazardous materials & dangerous goods, alarm testing, and any other site specific information provided by the Customer can be entered. When an incident is dispatched, the CAD system automatically alerts the Fire Communicator of near- Page 117 of 298 Page 22 of 31 OF-2020-01 Fire Dispatch Services by geographical markers. These special nuances are then, by policy, relayed to the responding units and firefighters. In addition, non-property specific data such as road closures, bridge closures, etc. can also be entered into the CAD system to alert responding personnel of potential obstructions and hazards. During the contract, any new directives brought forward by The Corporation of the Town of Orangeville will be reviewed and comments provided. It is the preference of Tillsonburg Fire Communications for the Agent to meet with the Customer’s representative prior to the implementation of a new directive and to discuss the directive and especially the intended outcome. Tillsonburg Fire Communications will ensure that all staff members are appropriately trained on any new directives prior to implementation. Implementation will commence on a mutually agreed upon date, with notification of all parties. Sufficient time will be required to ensure all of the Tillsonburg Fire Communications staff is instructed and trained on the new directive. Appropriate documentation of implementation of new directives will be developed on an as needed basis to ensure compliance. Upon the implementation of a new directive, the customer is encouraged to utilize the Communications Feedback form and procedure to ensure that the new directive is being implemented as intended. All customers are provided a full communications service, including radio and telephone support from the initiation of the event through to the termination of the incident and the return of apparatus to station. Additionally, Tillsonburg Fire Communications processes and enters into the CAD system approximately 2,500 burn permits annually. These permits result in approximately 6,000 – 8,000 activations via telephone annually. The Service Provider operates an alternative fire communications facility at a remote location within our municipal Customer Service Centre (CSC), 10 Lisgar Ave, within the Town of Tillsonburg. This centre performs as a totally independent back-up communications service for all contracts currently serviced. The Corporation of the Town of Orangeville can be readily integrated into the systems at the alternative fire communications facility. When implemented, the alternative fire communications facility provides a back-up paging and communications system suitable for dispatching and ongoing communications with the Customer. As is the case with our primary consoles, the backup communications systems are protected in a building equipped with a generator for automatic transfer emergency power. In the event that our alternative site has to be activated a series of events must take place to ensure that there are no emergency calls missed. The PPSAP Contingency Plan developed in conjunction with Bell, is activated. This plan enables all 911 calls to be routed to the alternative communications site. CSC staff initiates paging tests each week and the staff are exercised from time to time in order to support our comprehensive communications program. In the event of a catastrophic failure of the main consoles or in the event of a building evacuation, SOG 1111, Staffing of Back up Console gives guidance for the process of staffing and operating the back-up console. In addition to the PSAP Contingency Plan, a comprehensive Emergency Management Plan is in place and has been reviewed and was updated in March, 2016. All Tillsonburg Fire Communications staff members have been trained in the implementation of the Fire Communications Emergency Management Plan. It is understood and anticipated by the Town of Tillsonburg that an indemnification clause will form a part of the final agreement and contract with the The Corporation of the Town of Orangeville. Tillsonburg Fire Communications understands and is capable of providing the services expected of The Corporation of the Town of Orangeville, including, but not limited to: Page 118 of 298 Page 23 of 31 OF-2020-01 Fire Dispatch Services 1. Communications between the public and the Communications Centre, 2. Communications between the Communications Centre and The Corporation of the Town of Orangeville personnel at any time during and following emergency incidents, 3. Communications between the fire services of The Corporation of the Town of Orangeville and outside agencies, 4. Support the fire services of The Corporation of the Town of Orangeville personnel at emergency and non-emergency incidents as requested and required, and 5. The provision and retention of records of communications between all parties. The Tillsonburg Fire Communications staff members are trained to National Fire Protection Association (NFPA) 1061 Standard for Professional Qualifications for Public Safety Telecommuinicators. All Tillsonburg Fire Communications staff are IFSAC certified PUBLIC SAFETY TELECOMMUNICATOR LEVEL II (NFPA 1061 Standard 2014 Edition). The Service Provider retains written training records of all communications staff. Additionally, all Tillsonburg Fire Communications staff members are fully trained in general fire service operations. Currently all full-time communications staff members have completed the former Legislation 101 as well as Introduction to Incident Management System (IMS) course from the Ontario Fire College. Three part time staff members have also completed both above referenced courses. All new staff members are put through a 200+ hour training program to familiarize them with not only the communications equipment and layout, but also customer specific information and processes as outlined in SOG 1113, Training Program. All data regarding locations of streets, roads and highways is available through the CAD system and paper based mapping. When supplied by the customer, street aliases and previous road names are also available to the Fire Communicators to assist with incident location and mapping. Data regarding high life hazard structures, congested or hazardous areas supplied by the customer is inputted into the CAD system and relayed to responding units. Additional staff training is implemented to ensure that Fire Communicators are familiar with new Customers and to review policies and procedures regarding and specific to the new customer. The Service Provider retains written training records of all communications staff. It is as core value of Tillsonburg Fire Communications to provide a work environment that fosters and encourages continuing education and professional development for the Fire Service Communicators. All fire communicators utilize a concise, standards-based Fire Communications Standard Operating Guideline (SOG) manual, which outlines written procedures to serve our existing client base. The Fire Communications Standard Operating Guideline manual describes in general term the policies and procedures each Fire Communicator is to utilize in the implementation of their duties. Customer specific requirements are captured within the CAD system to ensure that the operation specifics of each fire service are strictly observed and implemented. Any of The Corporation of the Town of Orangeville specific Standard Operating Guidelines can be created and implemented within the CAD system. Tillsonburg Fire Communications will submit all customer specific SOP/SOG documents to The Corporation of the Town of Orangeville Fire Chief for approval. Current Tillsonburg Fire Communication’s SOG documents will be provided to The Corporation of the Town of Orangeville for review upon award of contract. Specifically: Page 119 of 298 Page 24 of 31 OF-2020-01 Fire Dispatch Services 1. The dispatch of apparatus, stations, specialty teams, etc., including scripts for Fire Communicators, will be captured within the run card information provided by The Corporation of the Town of Orangeville. 2. The dispatch of second and greater alarms, including scripts for Fire Communicators, will be captured within the run card information provided by The Corporation of the Town of Orangeville. Any resource specified by the Customer, such as automatic/mutual aid, can be automatically dispatched by call type or by location. 3. The dispatch and prioritization of non-emergency calls for service will be captured within the run card information provided by The Corporation of the Town of Orangeville. Units and resources will be dispatched to non-emergency calls based on the priority and method prescribed by the Customer. 4. The placement of apparatus in and out of service will be as per the desired Policies and Procedures of The Corporation of the Town of Orangeville. 5. The performance of pager/monitor checks will be accommodated within Tillsonburg Fire Communications’ existing pager test schedule. Record keeping requirements shall be as per the requirements of The Corporation of the Town of Orangeville. Scripts for pager/monitor checks will be as approved by The Corporation of the Town of Orangeville. 6. The records of the emergency response units responding to alarms shall be recorded within the CAD system and will be included in the incident report at the conclusion of the incident. Benchmarks provided by the Incident Commander are recorded in the CAD system and are part of the incident record that is transmitted electronically and in PDF format to the Customer. Time benchmarks, police and EMS run/incident numbers are obtained from the appropriate agency and included in the CAD report. Information necessary for completion of the Ontario Fire Marshal’s Standard Incident Report (SIR) such as the distance between the fire station and the incident location are also included in the CAD incident report. 7. Emergency message communications, including “may-day” transmissions will be conducted as per the requirements of The Corporation of the Town of Orangeville. New, customer specific, Standard Operating Guidelines will be created should existing Tillsonburg Fire Communications “Emergency Message” SOG(s) not suffice to the customer’s needs. 8. Where and when implemented, Tillsonburg Fire Communications will adhere to the requirements of The Corporation of the Town of Orangeville in the event of an emergency distress transmission be initiated from a portable radio. New, customer specific, Standard Operating Guidelines will be created should existing Tillsonburg Fire Communications SOG(s) not suffice to the customer’s needs. 9. If desired, the assignment of TACTICAL radio channel(s) for on scene radio communications shall be assigned as per the SOG by The Corporation of the Town of Orangeville. 10. Tillsonburg Fire Communications will develop new, customer specific, Standard Operating Guidelines for area of The Corporation of the Town of Orangeville to govern Page 120 of 298 Page 25 of 31 OF-2020-01 Fire Dispatch Services time allowances for the “home” station to respond before subsequent action is taken. Tillsonburg Fire Communications will also accommodate the unique nuances of the specific subsequent action that is to take place for each individual municipality. The CAD system utilized by Tillsonburg Fire Communications includes a timer function that currently staff are trained to set after the initial dispatch. The actions to be taken if there has not been acknowledgement by units can be adapted to each customer’s specific needs. 11. Tillsonburg Fire Communications uses a standard report format that is generated automatically from FirePro2 records management software utilizing our Client Database. A Portable Document Format (PDF) file is also sent electronically as specified by the customer. The standard report format is used to allow our customers to complete the Standard Incident Reports for the Office of the Fire Marshal, and as such, contain all of the required information, including a response distance calculation. It is the established policy of Tillsonburg Fire Communications to have incident reports generated and sent to the client within four (4) hours of the conclusion of each incident. 12. Tillsonburg Fire Communications will develop a monthly statistical reporting process using Microsoft excel which will include but is not limited to;  Monthly statistics listing the total number of incidents for the department; the total number of incidents per station; the total number of apparatus dispatches; total number of incidents per apparatus; totals of each incident type for the department; totals for each incident type for each station; and staffing per apparatus per dispatch/incident.  Monthly statistics listing the dispatch time; acknowledgement time; enroute time; travel time; arrival time; duration of time on scene; and in-service time for all incidents.  Monthly statistics listing the average times for dispatch to acknowledgement; dispatch to enroute; acknowledgement to enroute; travel time; dispatch to arrival time; acknowledgement to arrival time; duration of time on scene; dispatch to in- service time; and acknowledgement to in-service time for all incidents per apparatus, per station, and the entire department.  Monthly statistics verifying Time to Answer and Event processing are meeting the requirements as established in NFPA 1221.  Monthly statistics verifying compliance with NFPA 1720 for Deployment to Structure Fires for Suburban Areas – Stations 2, 3, 4, and 6.  Monthly statistics verifying compliance with NFPA 1720 for Deployment to Structure Fires for Rural Areas – Station 5. Tillsonburg Fire Communications is also constantly striving to improve the level of service for our customers. Any identified enhancements to dispatch procedures, once approved by both the Customer and Tillsonburg Fire Communications Management, will be implemented immediately upon proper training of all staff members. Tillsonburg Fire Communications Management will ensure the proper implementation of the identified improvement by monitoring the implementation process and by conducting periodic reviews. Customer feedback is vital to ensure that the improvement has been implemented as anticipated. Upon award of the contract, Tillsonburg Fire Communications will provide The Corporation of the Town of Orangeville a copy of our existing Fire Communications Standard Operating Guidelines. Customer requirements that are not specifically address within existing SOG documents can be included in either, new Page 121 of 298 Page 26 of 31 OF-2020-01 Fire Dispatch Services SOG documents, modification of existing SOG documents, or in customer specific run cards and procedures. Tillsonburg Fire Communications will meet with The Corporation of the Town of Orangeville members to ensure that their municipality’s specific dispatching and communications needs and expectations are met. Written policy will be implemented which outlines the running orders of second and subsequent alarms, as well as any secondary response areas. The written policy will be developed from information provided to Tillsonburg Fire Communications from The Corporation of the Town of Orangeville regarding secondary response area mapping and apparatus run orders and alarm levels. The second and subsequent alarm levels and apparatus running orders can be customized to address specific Fire Service and individual fire station needs. Further refinement can be made by specific address or property to address specific customer needs, for example, sending additional alarm assignments or requesting automatic aid to specific “high risk” occupancy. Once the response levels and apparatus running orders are developed and confirmed by the customer, the documentation will be entered into the CAD system. Fire Communicators automatically receive the alarm level and apparatus running order from the CAD system once an address and call type are entered. The CAD system generates an assigned apparatus list for the Communicator. Further, the CAD system automatically indicates which station or apparatus to page once the Incident Commander has increased the level of alarm. The written documentation is kept in a ready-reference binder and acts as a back-up. All alarm level and apparatus running order information is available to the Fire Communicator at the back-up dispatch centre as well. The CAD system utilized by Tillsonburg Fire Communications is capable of storing and implementing additional alarm levels as well, based upon the mapping and run-order information provided by the customer. Throughout the entire event all information is logged on the CAD system by the communicator and all telecommunications are captured on a digital voice recorder. Tillsonburg Fire Communications utilizes a computer based digital voice recording system. All voice recordings are stored on the digital recorder hard drive and backed up on non-interruptible, non-erasable disks as required. All voice communications received on licensed radios channels and dedicated phone lines are recorded digitally. Each main console is connected to the digital recording device and captures all radio communications. This device has an interface that allows each communicator to play back recordings from any point and from any line-in to capture any missed information. Tillsonburg Fire Communications Management can also access the communications interface to monitor radio and telephone communications to ensure accuracy, effectiveness and efficiency. The voice / audio recordings for events can be made available in a set format and distributed electronically or on non-erasable media. Various file types are available, including MPEG-2 Audio Layer III (commonly referred to as MP3) format or Waveform Audio File Format (WAV). Audio recording can be prepared with date and time stamping included or omitted, depending upon the customer’s need and application. The availability and dispersing of voice recordings are managed according to each individual customer’s policy as to whom and when they can be requested. Files are typically available within 24 hours of an authorized request. Client incident reports and data records are kept electronically in both the CAD system and the FirePro2 system data bases. Both CAD computer server and the FirePro2 computer server have a network backup. It is the policy of Tillsonburg Fire Communications to maintain incident logs and recordings ad infinitum. Page 122 of 298 Page 27 of 31 OF-2020-01 Fire Dispatch Services The CAD system records a running tally of incidents pertaining to each customer address. This information is available to the Fire Communicator to give responding crews facts about historical responses to a particular address. At the conclusion of an incident, the incident report is forwarded to the customer in a preapproved format. Incident reports can be sent to the customer as a Portable Document Format (PDF) file by e-mail, faxed to the customer or sent electronically to integrate with the Ingenious Records Management System (FirePro2). Audio records (radio channel and telephone) are recorded onto an external hard drive and onto non-interruptible and non-erasable media file types are available, including MPEG-2 Audio Layer III (commonly referred to as MP3) format or Waveform Audio File Format (WAV). The records retention policy is for all data and voice records to be kept indefinitely by Tillsonburg Fire Communications. Tillsonburg Fire Communications uses a standard report format that is generated automatically from FirePro2 records management software utilizing our Client Database. Incident reports are sent electronically to integrate with the Ingenious Records Management System (FirePro2). A Portable Document Format (PDF) file is also sent electronically as specified by the customer. The standard report format is used to allow our customers to complete the Standard Incident Reports for the Office of the Fire Marshal, and as such, contain all of the required information, including a response distance calculation. It is the established policy of Tillsonburg Fire Communications to have incident reports generated and sent to the client within four (4) hours of the conclusion of each incident. Tillsonburg Fire Communications communicators conduct equipment checks at the commencement of each shift as required by SOG 1102, General Expectations. All clocks are checked and maintained within  5 seconds of the main clock. The main clock is an internal computer system that has an Internet clock which automatically updates every hour. Each CAD workstation is linked to an atomic clock (UTC) via the Internet. This enables each station to remain on the correct time automatically. The current staffing model Monday to Friday 08:00 to 17:00 there are two (2) Communicators on duty. After hours we have a permanent on call in place which must be within ten (10) minutes of the Fire Department at all times. It is the intent for Fire Communications to double staff during peak time or as required if we obtain The Corporation of the Town of Orangeville contract. In 2019, the average “hook” time for communications staff was seven (7) seconds and the average dispatch time was fourty three (43) seconds. Both of these performance benchmarks are within the established parameters. In the event of an escalation of the volume of emergency events being processed by a fire communicator, additional communicators will be provided as necessary. SOG 1104Staffing Additional Fire Communicators outlines the process for obtaining additional staff. A fire communicator is dedicated to an event as outlined in SOG 1104, Staffing Additional Fire Communicators. At all times personal is On-Call to be called in to the bellroom to assist with emergency situations within a required fifteen (15) minutes period response time. When it becomes necessary for a fire communicator to be relieved SOG 1102, General Expectations outlines the process in order that continuity of information is maintained. In the event of a shift change during a fire service response SOG 1102 General Expectations covers the requirements to ensure no information is missed or neglected during staff transitions. Incident information is maintained on the CAD system and is available to incoming Fire Communicators for review. As part of the Quality Assurance Program, Fire Communicators are required to complete an End of Page 123 of 298 Page 28 of 31 OF-2020-01 Fire Dispatch Services Shift report at the end of every shift to identify any opportunities to improve our customer service level. In addition the Quality Assurance Program provides a Communications Feedback Form. Tillsonburg Fire Communications will meet with The Corporation of the Town of Orangeville in the Communications Centre at least once a year and/or by request, and this will include an agenda and recorded minutes. The Fire Communications team would also come for any requested public education events that you would like the Communications 9-1-1 service explained. We also would come for any training within The Corporation of the Town of Orangeville to answer or train in regards to Communications. Tillsonburg Fire Communications welcomes schedule tours and visits from all customers, provided there is sufficient notice. Visitors to the Communications Centre will be expected to follow visitor protocol and will be required to exit the Bell Room should a call for service be received. Tillsonburg Fire Communications is available to both facilitate training at the client’s location and have Fire Service members from client Fire Services attend training sessions at the Fire Communications Centre. All desired visits, tours and training sessions will be agreed to in advance by both Tillsonburg Fire Communications and the Corporation of the Town of Orangeville. All Fire Communicators will be trained on the operational procedures and apparatus run sheets for each of The Corporation of the Town of Orangeville fire services. No additional telephone system training will be required as it is anticipated by Bell Canada that the existing 9-1-1 telephone lines into Tillsonburg Fire Communications are sufficient. Fire Communicators will also be trained on the Fire Station and radio tower locations of The Corporation of the Town of Orangeville and the Fire Protection Agreements with neighbouring departments. Upon award of the contract, Tillsonburg Fire Communications will propose a training outline and schedule to The Corporation of the Town of Orangeville for consideration. The Fire Communications team would also come for any requested public education events that you would like the Communications 9-1-1 service explained. We also would come for any training within The Corporation of the Town of Orangeville to answer or train in regards to Communications. Tillsonburg Fire Communications will provide the Fire Chief of The Corporation of the Town of Orangeville a copy of our existing Standard Operating Guidelines within two (2) weeks of award of a contract. Tillsonburg Fire Communications will then meet with the Fire Chief to determine any additional needs that are not adequately addressed within our existing SOG’s. At this meeting, Tillsonburg Fire Communications will also work with the Fire Chief to determine apparatus running order, develop apparatus run cards and to determine alarm levels. Any special response requirements will also be addressed. Tillsonburg Fire Communications will then provide a summary of the proposed SOG’s, run cards and alarm levels to be reviewed by the customer prior to entry into the CAD system. Once entered, Tillsonburg Fire Communications will test the CAD information for each customer prior to assuming dispatch responsibilities. The timeframe for the implementation of The Corporation of the Town of Orangeville’s communications SOG’s will be included in the training outline and schedule as the SOG’s will form a large part of our Fire Communicator’s training. Value Added Services Page 124 of 298 Page 29 of 31 OF-2020-01 Fire Dispatch Services In addition to meeting the specified needs and requirements of The Corporation of the Town of Orangeville proposal, Tillsonburg Fire Communications offers a number of value added services for our customers at no additional cost. Tillsonburg Fire Communications has the ability through the CAD system to alert firefighters of an incident not only through traditional pagers and radio communication, but can also send message alerts to cellular telephones via text messaging or e-mail to smart cellular phones. While Tillsonburg Fire Communications does not recommend text messaging as a primary means of alerting firefighters, our clients have found this additional method of alerting extremely valuable and convenient. Tillsonburg Fire Communication is also capable of sending live dispatch information to the web and even to Twitter accounts. In the age of social media, this tool has extended the Fire Service and the municipality’s outreach and is a convenient way to follow an incident. Page 125 of 298 Page 30 of 31 OF-2020-01 Fire Dispatch Services Subcontractor Information Form Subcontractor Information: Subcontractor #1 Name: BearCom Address: 79 Wellington Street London, ON N6B 2K4 519-663-2109 x 5247 Office Work Type to be Subcontracted: All Radio Programming Scope of Work: All Radio programming Subcontractor #2 Name: Symposium Technologies Address: 1 Yonge Street, Suite 1801 Toronto, ON M5E 1W7 Work Type to be Subcontracted: Computer Aided Dispatch System - CAD Scope of Work: GIS Mapping, CAD Programming Subcontractor #3 Name: Bell Canada Address: 100 Dundas Street, Floor 3 London, ON N6A 5B6 Work Type to be Subcontracted: Delivery of e9-1-1 Voice and ANI/ALI Scope of Work: Provide as required e9-1-1 Voice and Data circuits to the PSAP for the delivery of e9-1-1 service Subcontractor #4 Name: Five9 Solutions Address: 353 Manitou Drive Kitchener, ON N2C 1L5 1-855-459-2020 Work Type to be Subcontracted: Radio Programming Scope of Work: Radio programming Page 126 of 298 Page 31 of 31 OF-2020-01 Fire Dispatch Services Schedule 1-B Financial Proposal Form Request for proposal CMS-OF-2020-01 Fire Dispatch Services 2020-2021 Item Description Cost 1.0 Cost relating to setup, testing, and commissioning of equipment for seamless transfer. $38,420.00 1.1 Annual Cost- Year 1 $67,000.00 Total Proposal Price for Evaluation Purposes (excluding all applicable taxes) $239,420.00 Page 127 of 298 Page 1 of 3 Subject: Fire Communications Agreement - Shelburne Report Number: FRS 20-05 Author: Gord Roesch Acting Fire Chief Meeting Type: Council Meeting Meeting Date: Monday, May 25, 2020 RECOMMENDATION THAT Council receives Report FRS 20-05 Fire Communications Agreement – Shelburne for information; AND THAT the capital costs in the amount of 12,300 be debt financed; AND FURTHER THAT a By-Law to authorize an agreement with the Shelburne and District Fire Board of Management for the provision of Fire Dispatch and Communications services, be brought forward for Council’s consideration. BACKGROUND The Corporation of the Town of Orangeville issued a Request for Proposal for fire dispatch communications services. The evaluation committee selected our proposal. Within that RFP was a provision to work directly with the other fire departments in Dufferin County to provide fire dispatch services. Shelburne is one of those fire departments. DISCUSSION Staff has had conversations with several service providers that offer services to source, install, test and maintain equipment required for Tillsonburg Fire Communications to be able to dispatch Shelburne and District Fire Departments. Two quotes were received and one company replied with a decline due to the area being serviced. Staff has selected Five9 Solutions from Kitchener to manage the project. The cumulative additional call volume of the agreements being presented tonight will require additional staffing. Staff has developed a tentative schedule which adds an additional 12 hours of coverage 365 days / year. Staff has been working directly with the Finance department to ensure that we have a sustainable business model moving forward. The revenue generated with the cumulative new agreements for Council approval tonight will cover the costs associated with additional staff hours required. Page 128 of 298 FRS 20-05 Page 2 of 3 The agreement presented for approval has been signed by the Shelburne and District Fire Board of Management. The terms of this agreement do not extend to the implementation timeframe of Next Generation 911, so there is no assigned cost recovery in this agreement. Shelburne is aware that if they extend the agreement that Next Generation 911 will have capital costs associated to each customer based on a cost recovery model. Staff has committed to keeping all customers up to date with expected capital upgrade costs so we can all plan accordingly for the implementation of Next Generation 911 expected in March 2024. FINANCIAL IMPACT/FUNDING SOURCE Staff has been working to ensure that any new agreements and renewals reflect the actual costs incurred by the Corporation of the Town of Tillsonburg. All capital costs associated with this project will be recovered by the Town of Tillsonburg over the duration of the agreement, and actual operating costs will be positively impacted. This is a three (3) year agreement, and as such the total revenue generated (excluding tax) will be $103,878.00. All capital costs for this project will be paid by the Shelburne and District Fire Board over the life of the agreement. In the Orangeville RFP, there was a clause that would allow for the remaining fire departments in Dufferin County to move at the same time to Tillsonburg for dispatch and communications services. Orangeville, Mulmur-Melancthon and Grand Valley are also moving to Tillsonburg for three (3) year terms. The cumulative revenue generated by the Orangeville and Dufferin County agreements for approval tonight is $418,451.84. The revenue gained from these agreements outweighs the expenses associated with providin g the corresponding services. As recommended, the costs will be user-pay debt financed with the annual revenue received paying the principal and interest. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability ATTACHMENTS Appendix A - Signed Shelburne Agreement Page 129 of 298 FRS 20-05 Page 3 of 3 Report Approval Details Document Title: FRS 20-05 Fire Communications Agreement - Shelburne.docx Attachments: - Signed Shelburne Agreement 2020.pdf Final Approval Date: May 21, 2020 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - May 19, 2020 - 8:40 AM Kyle Pratt - May 21, 2020 - 3:22 PM Michelle Smibert - May 21, 2020 - 3:41 PM Page 130 of 298 I'HIS .\(;lìl'.1'.\ll.N1', <latc<l rhis rlal ol -_ , 2020Iì t.-l'\\' t. I.. Nl'IIt. ct( )lìl{ )tì.\'l't( )\ ( )t.' l'H1.. 't1 )\\'\ ( )1.'1'u.Is( )N lìI'tì(;(lrclcirralicr' "tlrc -lìxrrr <l'l'illsorrbulq" )- arrrl -sHl.t.tll'lì\1,.,\\l) l)ts't'Rl('l' l.lRl.. lì( )^\lÙ) ot'II.\N,\(;1._lIt.N-l(hclcirra[ìcr' "SHl..Ll]I'lì.\1.. I{lll.. ll( ),\lìt)")Page 131 of 298 2345.6.!\¡Hl..tìt-\S:L Pursuant to the provisions of the Municipat Act, S.O. 199 I , c. 25, as amended, theparties have enacted By-laws to authorize an agreement between the parties;The Fire Protection and Prevention Act, S.O. 1997, c.4, as amended, authorizes amunicipality to provide and./or receive fire protection services to or from othermunicipalities;The Town of Tillsonburg operates fire protection services and holds fireprotection assets including fire communications personnel and equipment suitableto meet municipal responsibilities required by the Fire protection and preventionAct, through a fire department situated within the Town of Tillsonburg;The Town of Tillsonburg has agreed to provide such Fire Communicationsservices to the Shelbume Fire BoardNov/ THEREFORE, in consideration of the mutual covenants and agreements hereincontained, the parties agree as follows:Services Provided:The Town of rillsonburg shall supply fìre communications services to theShelbume Fire Board the particulars of which are as described in Schedule "A" tothis agreement.The fìre communications services provided by the Town of rillsonburg shallcomply with the standard operating Guidelines, which regulate the operation andmaintenance of the Tillsonburg Fire & Rescue Services Fire communications.Consideration:The Shelburne Fire Board shall pay fees to the Town of rillsonburg as describedin Schedule "8" to this agreement.7Page 132 of 298 8.Page 3 ol l0Term:This agreement shall remain efIèctive I'or a period of three years lrom the date ofsignature. If not expressly renewed in writing or supplanted by a succeedingagreement. this Agreement shall be deemed to have been automatically renewedfor a period of indefinite duration unless and until one of the parties provideswritten notice of termination as contemplated in paragraph nine below.Notrvithstanding the provisions of paragraph eight above, any of the parties maywithdraw l-rom this Agreement upon providing twelve months written notice tothe other parties (hereinafter "the party or parties withdrawing").Service Commencement Date:10.The Town of rillsonburg shall provide fire communications services inaccordance with this agreement el-fective on August 1,2020.Indemnifv and Limitation of Liability:ll. The parties agree to indemnify and save each other harmless, along with theirrespective councillors, ofrcers, employees and agents from any liability, action,claim. loss, damage, payment, cost. fìne. fìne surcharge, recovery or expense,including assessable legal fees arising out of the performance of their respectiveobligations under this Agreement, save and except in respect of any liability,action, claim, loss, damage, payment, cost. fìne, fine surcharge, recovery orexpense, including assessable legal fees, directly attributable to, arising from, orcaused by the negligence or breach of contractual obligation hereunder by anyparty hereto.12.Notwithstanding that set forth in paragraph eleven above. the parties agree that noparty or parties shall be held responsible for damages caused by delay or failure toperform its or their undertakings under the terms of the agreement when the delayor failure is due to fires. strikes, floods, acts of God or the eueen's enemies.lawful acts of public authorities. or delays or defaults caused by common carrierswhich cannot reasonably be foreseen or provided against.Notwithstanding any other provision in this contract or any applicable statutoryprovisions. none of the parties shall be liable to any other party for special orconsequential damages or damages for loss of use arising directly or indirectlyfrom any breach ofthis contract, fundamental or otherwise, or from any tortiousacts or omissions oftheir respective employees or agents, save and except when9.13.Page 133 of 298 Page 4 of l0such damages or losses are directly attributable to, arise fiom, or are caused by thebreach of contractual obligation, fundamental or otherwise, or f'rom any tortiousacts, including negligence, by any party or parties hereto. including its or theirrespective employees or agents. Without limiting the generality of the f'oregoing.the parties specifically agree that the Town of Tillsonburg shall not be liable ftrrany damages arising as a result of any injury or damage caused or sustained bypersonnel, apparatus, or equipment of the fìre depar-tment of the Shelburne FireBoard while engaged in the provision of fire protection services. Nothing in thisprovision shall be interpreted to affect or interfere with the right of any of theparties to take action to enf-orce the terms of this Agreement.14.The parties hereto agree that no provision herein. or any part thereof, shall beinterpreted or act so as to af-Íect, restrict, prohibit, or interfere with the right ofanyparty or parties hereto. either individually or in combination, to demand orotherwise take action or commence proceedings to enforce the terms of thisAgreement.Amendment:15.The parties may amend this agreement from time to time by further writtenmemorandum.16.Should any of the parties wish to amend the terms of this agreement, it shallprovide a minimum of thirty days written notice to the other party of the proposedterms of amendment.Dispute Resolution:In the event that a dispute arises or disputes arise between the parties whichcannot be resolved, the parties shall submit the dispute or disputes to arbitrationusing the procedure set out in the Municipal Arbitrations lcl. R.S.O. 1990. c. M -48. as amended.ln the event that a dispute or disputes is submitted for arbitration, the decision ordecisions of the arbitrator shall be final and binding upon the parties to thisagreement.In the event that arbitration cannot be conducted using the procedure set out in /åeMunicipal Arbitrations Act,the parties shall select a single arbitrator. and in theabsence of agreement on an arbitrator. the arbitrator shall be nominated by a17t8.19Page 134 of 298 20.22.Page 5 of l0.iustice of the Superior Court of Justice of the Ontario Courts under the procedureset out in the Arbin'atiott Act,S.O. 1991, c. 17, as amended.General Provisions:This agreement is not assignable without the written consent of the parties. Anyattempt to assign any of the rights, duties or obligations of this agreement withoutwritten consent is void.This agreement shall not be in ftrrce, or bind any ofthe parties, until executed byall the parties named in it.This agreement shall take effèct upon its execution by the authorizedrepresentative or representatives of the Town of Tillsonburg and the ShelbumeFire Board.Any notice under this agreement shall be sufäciently given by personal deliveryor by registered letter. postage prepaid and mailed in a Canadian post office,addressed, in the case of notice to the Town of Tillsonburg, to the municipaloffices of the Corporation of the Town olTillsonburg and, in the case of notice toany of the Shelburne Fire Board, to the respective municipal office of t theShelbume Fire Board, or to any other address as may be designated in writing bythe parties. and the date of receipt of any notice by mailing shall be deemedconclusively to be ten days after the mailing.No change or modifìcation of this agreement (including the schedules to thisagreement) shall be valid unless it be in writing and signed by each party.The Town of Tillsonburg and the Shelburne Fire Board agree that norepresentation! statement or agreement. other than those set out in this agreement,shall be binding upon the parties unless expressed in writing, signed by anauthorized representative or by authorized representatives of each and purportingto be expressed in modification of this agreement.26.The parties agree that each ofthem shall, upon reasonable written request oftheother. do or cause to be done all further lawful acts, deeds and assuranceswhatever for the better performance of the terms and conditions of this agreement.2l2324.25Page 135 of 298 27Page 6 of l0It is intended that all provisions of this agreement shall be fully binding andeffective between the parties, but in the event that any particular provision orprovisions or a part ofone is found to be void, voidable or unenforceable for anyreason whatever, then the particular provision or provisions or part of theprovision shall be deemed severed from the remainder of this agreement and allother provisions shall remain in full force.This agreement shall be govemed by and construed in accordance with the lawsof the Province of Ontario.Subject to the restrictions on transfer and assignment, this agreement shall endureto the benefit ofand be binding on the parties and their respective successors andassigns.28.29.Page 136 of 298 Page 7 of l0tN \'VI'|NIIS.S \4/Hl'llìlì()1" thc ¡raltics hclcto h¿n,c allìrcrl thcil Cor¡xl.arc Scals attcsrc¿by thc harxls ol' thcir' ¡l-o¡rr olliccrs and lur-thcl this aç'ccmcnt shall bc siglrc<l i¡c()ulìtcrl)art r|ith thc ¡r:utics ttamcrl l¡ckxv antl a co¡>1' ol'ea<.h <'ouutcr.¡ral-t sllall rcmailrattachcd [o alrd fìl'm ¡rart ol'tltis agrccnìcrìt.sHltlutl)lìo.,\Rl)M.A.NAGI.]NIIìN'I'5-t3-7aZÒl)¡r(cCÄOf)atc'l'Hu c()Rpotù\'f I()N ()¡-'t'Hli'l'owN ( )¡''fILtsoNItI rR(ìVay<>rI)alccAof)îtcPage 137 of 298 Page 8 of l0SCHEDULE "A"I'lrc -lìxrrr .l"l'ills.'bulg shall ¡rrr^'i<lc tJrc lìrll.*irrg sc'r,i.cs arxl lircilitics:A 24 hour, seven days a week, 365 days a year answering service, alert paging serviceand base radio communications dispatch service f-ully integrated with a computerAided Dispatch (CAD) system.2. A base station manufactured and installed to industry standards complete with theShelburne Fire Board Fire Department Dispatch frequency. The Town of rillsonburgshall operate and maintain these services and lacilities from two primary public safetycommunications consoles located in a municipally owned building at 80 ConcessionStreet, East, Tillsonburg. The building shall be equipped with an automatic transferemergency generator. In the event of system maintenance and/or upgrades, allparties aflected shall be granted prior notification when possible.3. An emergency (third) backup base station manufactured and installed to industrystandards complete with the Shelbume Fire Board Fire Department Dispatchfiequency. The Town of Tillsonburg shall operate and maintain these services andfàcilities from a public safety communications console located in a municipallyowned building at l0 Lisgar Ave, Tillsonburg. The buitding shalt be equipped with anautomatic transfer emergency generator. In the event of system maintenance and/orupgrades all parties affected shall be granted prior notification when possible.4. Answering, alerting and radio communications dispatch equipment shall be staffedcontinuously by personnel trained to the core competencies outlined in Ontario FireService Communicators Standard and the National Fire Protection Association(NFPA) l06l standard for Professional eualíJications for public safetyTelecommunicators.5. Transmission of information shall be seamless f'rom when the information is receivedfrom the Public Safety Answering Point (pSAp) until the time an emergency isterminated by the Incident Commander and shall be provided in accordance with thetime targets specified within NFPA 1221. Seamless is defined to mean withoutinterruption and continuously from the initial call until the satisfactory resolution ofthe incident.6. All emergency incident information shall be logged on the cAD system by thecommunicator and all telecommunications shall be captured on a digital voicerecorder. At the completion of the event a detailed incident report shall be collatedand forwarded to the Shelbume Fire BoardFire Department via email or other meansas arranged between the parties within four hours of termination of command. Allaudio transmissions shall be recorded from licensed dispatch channels and dedicatedPage 138 of 298 Page 9 of l0phone lines and shall be available to the Shelbume Fire Board Fire Department uponrequest as arranged between the parties. Recordings shall be made on non-interruptible, non-erasable media. AII records including digital voice recordings shallbe maintained for a period of two years.7. Upon the request of the Incident Commander for any additional resources or to relayemergent messaging to other persons, the fire communicator shall relay such requestsin a prioritized fashion via telecommunications equipment and shall reportconfirmation of same to the Incident Commander.8. Testing ofpaging system equipment shall be provided as arranged by the parties.9' The Shelburne Fire BoardFire Department shall provide the following without cost tothe Town of Tillsonburg:a. All GIS mapping for its protection area / response zoneboundaries-b. All radio transmitting and receiving equipment, licensingand maintenance of same extemal to the boundarv of theTown of Tillsonburg.c. Routing of Emergency 9ll telecommunications from thePublic Safety Answering Point (PSAP) and the CentralAmbulance Communications Center (CACC) as required tomeet the approved fire protection services provided by theMunicipality for its fire protection area / response zoneboundaries inclusive of all required ANI/ALI, GIS mappingand all site location information so that it is seamlesslytransmitted to the Secondary Public Safety AnsweringPoint (SPSAP) serving the Tillsonburg FireCommunications Division.d. The Town of Tillsonburg assumes no responsibility withrespect to quality of the data received in sections 9.a.,9.b.and 9.c.Page 139 of 298 Page l0 of l0SCHEDULE "8"l.tìtìs 1'o tlu p^It) lly ]-Hl.t.sHlillltrRNu lìItìE llo^tìt)'I.()'l.Ht.-l'( )\\'N ( )F I'ILIS( )Nlll rlì(;The Fee Structure contained within this Agreement is predicated uponthe contractual participation of the ftrllowing municipality for a periodofnot less than three (3) years starting August 1,2020:a. The Shelbume Fire Board2. The Shelburne Fire Board Fire Department shall pay to the Town ofTillsonburg an annual fèe of$2.77 plus tax (ifapplicable) per residentperson residing within the response area of the Shelbume Fire Board.Quantification shall be based upon the most current Canada censusreport. For 2020,the population dispatched is 12,500.3. The Shelburne Fire Board shall pay an annual adjustment for yearstwo (2) and three, effèctive on April 15 of each year. The adjustmentshall be based on the year to year unadjusted Consumer price Index(CPI) (CPI Index-All Items - Ontario) published by Statistics Canada,to a maximum of 5olo each vear.4. The Shelburne Fire Board shall tender payment to the Town ofTillsonburg in quarterly installments, to be invoiced by the Town ofTillsonburg four (4) times each year to the Shelbume Fire Board.5. The Shelburne Fire Board may extend the term of this agreement byone (l) or two (2) years. The Shelburne Fire Board shall pay anannual adjustment for years four (4) and five (5), effective on April l5of each year. The adjustment shall be based on the year to yearunadjusted Consumer Price Index (CPI) (Cpl Index-All Items -Ontario) published by Statistics Canada. to a maximum of 5oó eachyear. The index will be from the January posting of the Cpl from thecurrent year.6. The Shelburne Fire Board agrees to pay for costs associated withimplementing Next Generation 9ll services for the Shelbume FireBoard. These fees will be based on a cost recovery / per capita modelif the Shelburne Fire Board is under contract when Next Generation9l I is implemented in Tillsonburg FireComm. The Town ofTillsonburg will work closely with all stakeholders to keep themapprised ofanticipated costs and dates.Page 140 of 298 Proposal to ProvideFire Dispatch & Gommunications ServicesToSHELBURNE AND DISTRICT FIRE BOARD OFMANAGEMENT,,FIRE COMMUNIGATIONS SERVICES''3 Year Contract - W¡th Renewal GlausePage 141 of 298 Financial Proposal FormFire Dispatch ServicesPopulation 12500Cost/Capita =2.77Annual Service Contract Cost - $34,625.00Upfront Capital Cost = $0.00 (lncluded in Cost / Per-Capita)Annual BearCom Service Agreement - (lncluded in Cost / per-Capita)Radio Port AVTEC - $791.67 (lncluded in Cost / Per-Capita)Additional FeesNext Gen 911 Upgrade - TBDAnnual COLA increases effective April 1S of each year2Page 142 of 298 Page 1 of 3 Subject: Fire Communications Agreement – Grand Valley Report Number: FRS 20-06 Author: Gord Roesch Acting Fire Chief Meeting Type: Council Meeting Meeting Date: Monday, May 25, 2020 RECOMMENDATION THAT Council receives Report FRS 20-06 Fire Communications Agreement – Grand Valley for information; AND THAT the capital costs in the amount of 12,300 be debt financed; AND FURTHER THAT a By-Law to authorize an agreement with the Grand Valley and District Fire Department for the provision of Fire Dispatch and Communications services, be brought forward for Council’s consideration. BACKGROUND The Corporation of the Town of Orangeville issued a Request for Proposal for fire dispatch communications services. The evaluation committee selected our proposal. Within that RFP was a provision to work directly with the other fire departments in Dufferin County to provide fire dispatch services. Grand Valley is one of those fire departments. DISCUSSION Staff has had conversations with several service providers that offer services to source, install, test and maintain equipment required for Tillsonburg Fire Communications to be able to dispatch Grand Valley and District Fire Departments. Two quotes were received and one company replied with a decline due to the area being serviced. Staff has selected Five9 Solutions from Kitchener to manage the project. The cumulative additional call volume of the agreements being presented tonight will require additional staffing. Staff has developed a tentative schedule which adds an additional 12 hours of coverage 365 days / year. Staff has been working directly with the Finance department to ensure that we have a sustainable business model moving forward. The revenue generated with the cumulative new agreements for Council approval tonight will cover the costs associated with additional staff hours required. Page 143 of 298 FRS 20-06 Page 2 of 3 The agreement presented for approval has been signed by the Grand Valley and District Fire Department. The terms of this agreement do not extend to the implementation timeframe of Next Generation 911, so there is no assigned cost recovery in this agreement. Grand Valley is aware that if they extend the agreement that Next Generation 911 will have capital costs associated to each customer based on a cost recovery model. Staff has committed to keeping all customers up to date with expected capital upgrade costs so we can all plan accordingly for the implementation of Next Generation 911 expected in March 2024. FINANCIAL IMPACT/FUNDING SOURCE Staff has been working to ensure that any new agreements and renewals reflect the actual costs incurred by the Corporation of the Town of Tillsonburg. All capital costs associated with this project will be recovered by the Town of Tillsonburg over the duration of the agreement, and actual operating costs will be positively impacted. This is a three (3) year agreement, and as such the total revenue generated (excluding tax) will be $42,756.84. All capital costs for this project will be paid by the Grand Valley and District Fire Department over the life of the agreement. In the Orangeville RFP, there was a clause that would allow for the remaining fire departments in Dufferin County to move at the same time to Tillsonburg for dispatch and communications services. Orangeville, Mulmur-Melancthon and Shelburne are also moving to Tillsonburg for three (3) year terms. The cumulative revenue generated by the Orangeville and Dufferin County agreements for approval tonight is $418,451.84. The revenue gained from these agreements outweighs the expenses associated with providing the corresponding services. As recommended, the costs will be user-pay debt financed with the annual revenue received paying the principal and interest. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability ATTACHMENTS Appendix A - Signed Grand Valley Agreement Page 144 of 298 FRS 20-06 Page 3 of 3 Report Approval Details Document Title: FRS 20-06 Fire Communications Agreement - Grand Valley.docx Attachments: - Signed Grand Valley Agreement.pdf Final Approval Date: May 21, 2020 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - May 19, 2020 - 8:54 AM Kyle Pratt - May 21, 2020 - 3:23 PM Michelle Smibert - May 21, 2020 - 3:40 PM Page 145 of 298 THIS AGREEMEI.,IT, dated this - day of -, 2020 B ETWEEN THE CORPORATION OF THE TOWN OF TIT.T SONBURG (hereinafter "dre Torvn of Tillsonburg') Grand Valley & District Fire Department (hereinafter "Grand Valley & Dishict Fire Departrnerrt) aud Page 146 of 298 2. -t 5. 6. WHERF,AS: 1. Pursuant to the provisions of the Municipal Act,S.O.l99l, c. 25, as amended, the parties have enacted By-laws to authorize an agreement between the parties; The Fire Protection and Prevention Act,S,O, 1997, c.4, as amended, authorizes a municipality to provide and/or receive fire protection services to or from other municipalities; The Town ofTillsonburg operates fire protection services and holds fire protection assets including fire communications personnel and equipment suitable to meet municipal responsibilities required by the Fire Protection and Prevention Act, tbrougha fire department situated within the Town of Tillsonburg; 4.The Town of Tillsonburg has agreed to provide such Fire Communications services to the Grand Valley & District Fire Department NOW THEREFORE, in consideration ofthe mutual covenants and agreements herein contained, the parties agree as fbllows: Services Provided: The Town of Tillsonburg shall supply fire communications services to the Grand Valley & District Fire Department the particulars of which are as described in Schedule "A" to this agreement. The fire communications services provided by the Town of Tillsonburg shall comply with the Standard Operating Guidelines, which regulate the operation and maintenance of the Tillsonburg Fire & Rescue Services Fire Communications. Consideration: The Grand Valley & District Fire Department shall pay fees to the Town of Tillsonburg as described in Schedule "B" to this agreement. 7 Page 147 of 298 8. Term: 9. Page 3 of l0 This agreement shall remain effective for a period of three years from the date of signature. If not expressly renewed in writing or supplanted by a succeeding agreement, this Agreement shall be deemed to have been automatically renewed for a period of indefinite duration unless and until one of the parties provides written notice of termination as contemplated in paragraph nine below. Notwithstanding the provisions of paragraph eight above, any of the parties may withdraw tiom this Agreement upon providing twelve months written notice to the other partics (hereirraller "tlte pafly or parties withdrawilg"). Service Commencement Date: 10.The Town of Tillsonburg shall provide fire communications services in accordance with this agreement effective on August 1,2020. Indemnitv and Limitation of Liabilitv: ll The parties agree to indemnify and save each other harmless, along with their respective councillors, officers, employees and agents from any liability, action, claim, loss, damage, payment, cost, fine, fine surcharge, recovery or expense, including assessable legal fees arising out ofthe performance oftheir respective obligations under this Agreement, save and except in respect of any liability, action, claim, loss, damage, payment, cost, fine, fine surcharge, recovery or expense, including assessable legal fees, directly attributable to, arising from, or caused by the negligence or breach of contractual obligation hereunder by any party hereto. t2.Notwithstanding that set forth in paragraph eleven aboveo the parties agree that no party or parties shall be held responsible for damages caused by delay or failure to perform its or their undertakings under the terms of the agreement when the delay or failure is due to fires, strikes, floods, acts of God or the Queen's enemies, lawful acts of public authorities, or delays or defaults caused by common carriers which cannot reasonably be foreseen or provided against. Notwithstanding any other provision in this contract or any applicable statutory provisions, none of the parties shall be liable to any other party for special or consequential damages or damages for loss of use arising directly or indirectly from any breach of this contract, fundamental or otherwise, or from any tortious acts or omissions oftheir respective employees or agents, save and except when 13 Page 148 of 298 Page4of 10 such damages or losses are directly attributable too arise from, or are caused by the breach of contractual obligation, fundamental or otherwise, or from any tortious acts, including negligence, by any party or parties hereto, including its or their respective employees or agents. Without limiting the generality of the foregoing, the parties specifically agree that the Town ofTillsonburg shall not be liable for any damages arising as a result of any injury or damage caused or sustained by personnel, apparatus, or equipment of the fire department of the Grand Valley & District Fire Department while engaged in the provision of fire protection services. Nothing in this provision shall be interpreted to affect or interfere with the right of any of the parties to take action to enforce the terms of this Agreement. The parties hereto agree that no provision herein, or any part thereof, shall be interpreted or act so as to affect, restrict, prohibit, or interfere with the right ofany party or parties hereto, either individually or in combination, to demand or otherwise take action or commence proceedings to enforce the terms of this Agreement. 14. Amendment: 15 16. The parties may amend this agreement from time to time by further written memorandum. Should any of the parties wish to amend the terms of this agreement, it shall provide a minimum of thirty days written notice to the other party of the proposed terms of amendment. Disnute Resolution: t7 In the event that a dispute arises or disputes arise between the parties which carnot be resolvedo the parties shall submit the dispute or disputes to arbitration using the procedure set out in the Municipal Arbitrations Acl, R.S.O. 1990, c. M - 48, as amended. 18.In the event that a dispute or disputes is submitted for arbitration, the decision or decisions of the arbitrator shall be final and binding upon the parties to this agreement. In the event that arbitration cannot be conducted using the procedure set out in tfte Municipal Arbitrations Act,the parties shall select a single arbitrator, and in the absence of agreement on an arbitrator, the arbitrator shall be nominated by a 19. Page 149 of 298 20. 22. Page 5 of 10 justice ofthe Superior Court ofJustice ofthe Ontario Courts under the procedure set out in the ArbitrationAct,S.O. 1991, c. 17, as amended. General Provisions: This agreement is not assignable without the written consent of the parties. Any attempt to assign any of the rights, duties or obligations of this agreement without written consent is void. 2l This agreement shall not be in force, or bind any ofthe parties, until executed by all the parties named in it. This agreement shall take effect upon its execution by the authorized representative or representatives of the Town of Tillsonburg and the Graud Valley District Fire Departrnent, 23 Any notice under this agreement shall he sttfficiently given hy persnnal delivery or by registered letter, postage prepaid and mailed in a Canadian post office, addressed, in the case of notice to the Town of Tillsonburg, to the municipal offices ofthe Corporation ofthe Town ofTillsonburg and, in the case ofnotice to any of the Grand Valley & District Fire Department, to the respective municipal office of the Grand Valley & District Fire Departmento or to any other address as may be designated in writing by the parties, and the date of receipt of any notice by mailing shall be deemed conclusively to be ten days after the mailing. No change or modification of this agreement (including the schedules to this agreement) shall be valid unless it be in writing and signed by each party. The Town of Tillsonburg and the Grand Valley & District Fire Department agree that no representation, statement or agreement, other than those set out in this agreement, shall be binding upon the parties unless expressed in writing, signed by an authorized representative or by authorized representatives of each and purporting to be expressed in modification of this agreement. 26.The parties agree that each ofthem shall, upon reasonable written request ofthe other, do or cause to be done all further lawful acts, deeds and assurances whatever for the better performance of the terms and conditions of this agreement. 24. 25. Page 150 of 298 27 Page 6 of l0 It is intended that all provisions of this agreement shall be fully binding and effective between the parties, but in the event that any particular provision or provisions or a part of one is found to be void, voidable or unenforceable for any reason whatever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this agreement and all other provisions shall remain in fulI force. This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. Subject to the restrictions on transfer and assignment, this agreement shall endure to the benefit of and be binding on the parties and their respective successors and assigns, 28. 29. Page 151 of 298 Page 7 of 10 IN WITNESS WHEREOF the parties hereto have allixed their Corporate Seals attested by the hands of their proper ollicers aud l-urther this agreement shall be signed irr coul)terpa.rt with the parties uamed below ald a copy of each counterpart shall remain attached to aud form part of this agreement, THE CORPORATION OF THE GRAND VALLEY & DISTRICT FIRE BOARDz VALLE,Y& DISTRICI FIRE BOARD CHAIR VALAY& DISTRICT FIRE BOARD Date THE CORPORATION OFTHE TOWN OFTILISONBI]RG DEPARTI\,IENT Dare Mayor Date cAo Da.te Page 152 of 298 Page 8 of l0 SCHEDUI.,E "A" The Town of Tillsortburg shall provide the follorving seruices and facilities: A 24 hour, seven days a week, 365 days a year answering service, alert paging service and base radio communications dispatch service fully integrated with a Computer Aided Dispatch (CAD) system. 2. A base station manufactured and installed to industry standards complete with the Grand Valley & District Fire Department Dispatch llequency. The Town of Tillsonburg shall operate and maintain these services and facilities from two primary public safety communications consoles located in a municipally owned building at 80 Concession Street, East, Tillsonburg. The building shall be equipped with an automatic transfer emergency generator. In the event ofsystem maintenance and/or upgrades, all parties affected shall be granted prior notification when possible. 3. An emergency (third) backup base station manufactured and installed to industry standards complctc with thc Grand Vallcy & Distriot Firo Deportment Dicpotoh frequency. The Town of Tillsonburg shall operate and maintain these services and facilities from a public safety communications console located in a municipally owned building at 10 Lisgar Ave, Tillsonburg. The building shall be equipped with an automatic transfer emergency generator. In the event of system maintenance and/or upgrades all panies affected shall be granted prior notification when possible. 4. Answering, alerting and radio communications dispatch equipment shall be staffed continuously by personnel trained to the core competencies outlined in Ontario Fire Service Communicators Standard and the National Fire Protection Association (NFPA) 106l Standard for Professional QualiJications for Public Safety Telecommunicators. 5. Transmission of information shall be seamless from when the information is received from the Public Safety Answering Point (PSAP) until the time an emergency is terminated by the Incident Commander and shall be provided in accordance with the time targets specified within NFPA 1221. Seamless is defined to mean without interruption and continuously from the initial call until the satisfactory resolution of the incident. 6. All emergency incident information shall be logged on the CAD system by the communicator and all telecommunications shall be captured on a digital voice recorder. At the completion of the event a detailed incident report shall be collated and forwarded to the Grand Valley & District Fire Department via email or other means as ananged between the parties within four hours of termination of command. All audio transmissions shall be recorded from licensed dispatch channels and Page 153 of 298 Page 9 of l0 dedicated phone lines and shall be available to the Grand Valley & District Fire Department upon request as arranged between the parties. Recordings shall be made on non-interruptible, non-erasable media- All records including digital voice recordings shall be maintained for a period of two years. 7. Upon the request ofthe Incident Commander for any additional resources or to relay emergent messaging to other persons, the fire communicator shall relay such requests in a prioritized fashion via telecommunications equipment and shall report confirmation of same to the Incident Commander. 8. Testing ofpaging system equipment shall be provided as ananged by the parties. 9. The Grand Valley & District Fire Department shall provide the following without cost to the Town of Tillsonburg: a. All GIS mapping for its protection area / response zone boundaries. b. All radio transmitting and receiving equipment, licensing and maintenance of same extemal to the boundarl, of the Town of Tillsonburg. c. Routing of Emergency 911 telecommunications from the Public Safety Answering Point (PSAP) and the Central Ambulance Communications Center (CACC) as required to meet the approved fire protection services provided by the Municipality for its fire protection area / response zone boundaries inclusive of all required ANVALI, GIS mapping and all site location information so that it is seamlessly transmitted to the Secondary Public Safety Answering Point (SPSAP) serving the Tillsonburg Fire Communications Division. d. The Town of Tillsonburg assumes no responsibility with respect to quality of the data received in sections 9.a.,9.b. and 9.c. Page 154 of 298 Page l0 of 10 SCHEDULE "B" FEES TO BE PAID BY THE GRAND VALLEY & DISTRICT FIRE DEPARTMENTTO THE TOWN OF TILT,SONBT]RG The Fee Structure contained within this Agreement is predicated upon the contractual participation of the following municipality for a period of not less than three (3) years starting August l, 2020 : a. The Grand Valley & District Fire Department 2. The Grand Valley & District Fire Department shall pay to the Town of Tillsonburg an annual fee of$3.99 plus tax (ifapplicable) per resident person residing within the response area ofthe Grand Valley Fire Board. Quantification shall be based upon the mostcurrentCanadacensusreport. For202},thepopulationdispatchedis35T2. 3. The Grand Valley & District Fire Department shall pay an annual adjustment for years two (2) and three, effective on April I 5 of each year. The adjustment shall be based on the year to year unadjusted Consumer Price Index (CPD (CPI Index-All Items - Ontario) published by Statistics Canad4 to a maximum of 5olo each year. 4. The Grand Valley & District Fire Department shall tender payment to the Town of Tillsonburg in quarterly installments, to be invoiced by the Town of Tillsonburg four (4) times each year to the Grand Valley Fire Board. 5. The Grand Valley & District Fire Department may extend the term of this agreement by one (l) or two (2) years. The Grand Valley & District Fire Department shall pay an annual adjustment for years four (4) and five (5), effective on April I 5 of each year. The adjustment shall be based on the year to yeax unadjusted Consumer Price Index (CPf (CPI Index-All Items - Ontario) published by Statistics Canada to a maximum of 5%o each year. The index will be from the January posting of the CPI from the current year. 6. The Grand Valley & District Fire Department agrees to pay for costs associated with implementing Next Generation 9l I services for the Grand Valley Fire Board. These fees will be based on a cost recovery / per capita model if the Grand Valley & District Fire Department is under contract when Next Generation 911 is implemented in Tillsonburg FireComm. The Town of Tillsonburg will work closely with all stakeholders to keep them apprised ofanticipated costs and dates. Page 155 of 298 Page 1 of 3 Subject: Fire Communications Agreement – Mulmur Melancthon Report Number: FRS 20-07 Author: Gord Roesch Acting Fire Chief Meeting Type: Council Meeting Meeting Date: Monday, May 25, 2020 RECOMMENDATION THAT Council receives Report FRS 20-07 Fire Communications Agreement – Mulmur Melancthon for information; AND THAT the capital costs in the amount of 12,300 be debt financed; AND FURTHER THAT a By-Law to authorize an agreement with the Mulmur Melancthon Fire Board for the provision of Fire Dispatch and Communications services, be brought forward for Council’s consideration. BACKGROUND The Corporation of the Town of Orangeville issued a Request for Proposal for fire dispatch communications services. The evaluation committee selected our proposal. Within that RFP was a provision to work directly with the other fire departments in Dufferin County to provide fire dispatch services. Mulmur Melancthon is one of those fire departments. DISCUSSION Staff has had conversations with several service providers that offer services to source, install, test and maintain equipment required for Tillsonburg Fire Communications to be able to dispatch Grand Valley and District Fire Departments. Two quotes were received and one company replied with a decline due to the area being serviced. Staff has selected Five9 Solutions from Kitchener to manage the project. The cumulative additional call volume of the agreements being presented tonight will require additional staffing. Staff has developed a tentative schedule which adds an additional 12 hours of coverage 365 days / year. Staff has been working directly with the Finance department to ensure that we have a sustainable business model moving forward. The revenue generated with the cumulative new agreements for Council approval tonight will cover the costs associated with additional staff hours required. Page 156 of 298 FRS 20-07 Page 2 of 3 The agreement presented for approval will be signed by the Mulmur Melancthon Fire Board after being approved by Council and signed by the Corporation of the Town of Tillsonburg. The terms of this agreement do not extend to the implementation timeframe of Next Generation 911, so there is no assigned cost recovery in this agreement. Mulmur Melancthon is aware that if they extend the agreement that Next Generation 911 will have capital costs associated to each customer based on a cost recovery model. Staff has committed to keeping all customers up to date with expected capital upgrade costs so we can all plan accordingly for the implementation of Next Generation 911 expected in March 2024. FINANCIAL IMPACT/FUNDING SOURCE Staff has been working to ensure that any new agreements and renewals reflect the actual costs incurred by the Corporation of the Town of Tillsonburg. All capital costs associated with this project will be recovered by the Town of Tillsonburg over the duration of the agreement, and actual operating costs will be positively impacted. This is a three (3) year agreement, and as such the total revenue generated (excluding tax) will be $32,396.00. All capital costs for this project will be paid by the Mulmur Melancthon Fire Board over the life of the agreement. In the Orangeville RFP, there was a clause that would allow for the remaining fire departments in Dufferin County to move at the same time to Tillsonburg for dispatch and communications services. Orangeville, Grand Valley and Shelburne are also moving to Tillsonburg for three (3) year terms. The cumulative revenue generated by the Orangeville and Dufferin County agreements for approval tonight is $418,451.84. The revenue gained from these agreements outweighs the expenses associated with providing the co rresponding services. As recommended, the costs will be user-pay debt financed with the annual revenue received paying the principal and interest. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability ATTACHMENTS Appendix A - Mulmur Melancthon Agreement Page 157 of 298 FRS 20-07 Page 3 of 3 Report Approval Details Document Title: FRS 20-07 Fire Communications Agreement - Mulmur.docx Attachments: - Mulmur Melancthon Agreement.pdf Final Approval Date: May 21, 2020 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - May 19, 2020 - 9:03 AM Kyle Pratt - May 21, 2020 - 3:24 PM Michelle Smibert - May 21, 2020 - 3:42 PM Page 158 of 298 THIS AGREEMENT, dated this ______ day of _______, 2020 B E T W E E N THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter "the Town of Tillsonburg" ) - and - THE MULMUR-MELANCTHON FIRE BOARD (hereinafter “The Mulmur- Melancthon Fire Board”) Page 159 of 298 WHEREAS: 1. Pursuant to the provisions of the Municipal Act, S.O. 1991, c. 25, as amended, the parties have enacted By-laws to authorize an agreement between the parties; 2. The Fire Protection and Prevention Act, S.O. 1997, c. 4, as amended, authorizes a municipality to provide and/or receive fire protection services to or from other municipalities; 3. The Town of Tillsonburg operates fire protection services and holds fire protection assets including fire communications personnel and equipment suitable to meet municipal responsibilities required by the Fire Protection and Prevention Act, through a fire department situated within the Town of Tillsonburg; 4. The Town of Tillsonburg has agreed to provide such Fire Communications services to the Township of Mulmur-Melancthon Fire Board NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: Services Provided: 5. The Town of Tillsonburg shall supply fire communications services to the Mulmur-Melancthon Fire Board the particulars of which are as described in Schedule "A" to this agreement. 6. The fire communications services provided by the Town of Tillsonburg shall comply with the Standard Operating Guidelines, which regulate the operation and maintenance of the Tillsonburg Fire & Rescue Services Fire Communications. Consideration: 7. The Mulmur-Melancthon Fire Board shall pay fees to the Town of Tillsonburg as described in Schedule "B" to this agreement. Page 160 of 298 Page3of10 Term: 8. This agreement shall remain effective for a period of three years from the date of signature. If not expressly renewed in writing or supplanted by a succeeding agreement, this Agreement shall be deemed to have been automatically renewed for a period of indefinite duration unless and until one of the parties provides written notice of termination as contemplated in paragraph nine below. 9. Notwithstanding the provisions of paragraph eight above, any of the parties may withdraw from this Agreement upon providing twelve months written notice to the other parties (hereinafter “the party or parties withdrawing”). Service Commencement Date: 10. The Town of Tillsonburg shall provide fire communications services in accordance with this agreement effective on August 1, 2020. Indemnity and Limitation of Liability: 11. The parties agree to indemnify and save each other harmless, along with their respective councillors, officers, employees and agents from any liability, action, claim, loss, damage, payment, cost, fine, fine surcharge, recovery or expense, including assessable legal fees arising out of the performance of their respective obligations under this Agreement, save and except in respect of any liability, action, claim, loss, damage, payment, cost, fine, fine surcharge, recovery or expense, including assessable legal fees, directly attributable to, arising from, or caused by the negligence or breach of contractual obligation hereunder by any party hereto. 12. Notwithstanding that set forth in paragraph eleven above, the parties agree that no party or parties shall be held responsible for damages caused by delay or failure to perform its or their undertakings under the terms of the agreement when the delay or failure is due to fires, strikes, floods, acts of God or the Queen’s enemies, lawful acts of public authorities, or delays or defaults caused by common carriers which cannot reasonably be foreseen or provided against. 13. Notwithstanding any other provision in this contract or any applicable statutory provisions, none of the parties shall be liable to any other party for special or consequential damages or damages for loss of use arising directly or indirectly from any breach of this contract, fundamental or otherwise, or from any tortious acts or omissions of their respective employees or agents, save and except when Page 161 of 298 Page4of10 such damages or losses are directly attributable to, arise from, or are caused by the breach of contractual obligation, fundamental or otherwise, or from any tortious acts, including negligence, by any party or parties hereto, including its or their respective employees or agents. Without limiting the generality of the foregoing, the parties specifically agree that the Town of Tillsonburg shall not be liable for any damages arising as a result of any injury or damage caused or sustained by personnel, apparatus, or equipment of the fire department of the Mulmur- Melancthon Fire Board while engaged in the provision of fire protection services. Nothing in this provision shall be interpreted to affect or interfere with the right of any of the parties to take action to enforce the terms of this Agreement. 14. The parties hereto agree that no provision herein, or any part thereof, shall be interpreted or act so as to affect, restrict, prohibit, or interfere with the right of any party or parties hereto, either individually or in combination, to demand or otherwise take action or commence proceedings to enforce the terms of this Agreement. Amendment: 15. The parties may amend this agreement from time to time by further written memorandum. 16. Should any of the parties wish to amend the terms of this agreement, it shall provide a minimum of thirty days written notice to the other party of the proposed terms of amendment. Dispute Resolution: 17. In the event that a dispute arises or disputes arise between the parties which cannot be resolved, the parties shall submit the dispute or disputes to arbitration using the procedure set out in the Municipal Arbitrations Act, R.S.O. 1990, c. M - 48, as amended. 18. In the event that a dispute or disputes is submitted for arbitration, the decision or decisions of the arbitrator shall be final and binding upon the parties to this agreement. 19. In the event that arbitration cannot be conducted using the procedure set out in the Municipal Arbitrations Act, the parties shall select a single arbitrator, and in the absence of agreement on an arbitrator, the arbitrator shall be nominated by a Page 162 of 298 Page5of10 justice of the Superior Court of Justice of the Ontario Courts under the procedure set out in the Arbitration Act, S.O. 1991, c. 17, as amended. General Provisions: 20. This agreement is not assignable without the written consent of the parties. A ny attempt to assign any of the rights, duties or obligations of this agreement without written consent is void. 21. This agreement shall not be in force, or bind any of the parties, until executed by all the parties named in it. 22. This agreement shall take effect upon its execution by the authorized representative or representatives of the Town of Tillsonburg and the Mulmur- Melancthon Fire Board. 23. Any notice under this agreement shall be sufficiently given by personal delivery or by registered letter, postage prepaid and mailed in a Canadian post office, addressed, in the case of notice to the Town of Tillsonburg, to the municipal offices of the Corporation of the Town of Tillsonburg and, in the case of notice to any of the Mulmur-Melancthon Fire Board, to the respective municipal office of the Mulmur-Melancthon Fire Board, or to any other address as may be designated in writing by the parties, and the date of receipt of any notice by mailing shall be deemed conclusively to be ten days after the mailing. 24. No change or modification of this agreement (including the schedules to this agreement) shall be valid unless it be in writing and signed by each party. 25. The Town of Tillsonburg and the Mulmur-Melancthon Fire Board agree that no representation, statement or agreement, other than those set out in this agreement, shall be binding upon the parties unless expressed in writing, signed by an authorized representative or by authorized representatives of each and purporting to be expressed in modification of this agreement. 26. The parties agree that each of them shall, upon reasonable written request of the other, do or cause to be done all further lawful acts, deeds and assurances whatever for the better performance of the terms and conditions of this agreement. 27. It is intended that all provisions of this agreement shall be fully binding and Page 163 of 298 Page6of10 effective between the parties, but in the event that any particular provision or provisions or a part of one is found to be void, voidable or unenforceable for any reason whatever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this agreement and all other provisions shall remain in full force. 28. This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. 29. Subject to the restrictions on transfer and assignment, this agreement shall endure to the benefit of and be binding on the parties and their respective successors and assigns. Page 164 of 298 Page7of10 IN WITNESS WHEREOF the parties hereto have affixed their Corporate Seals attested by the hands of their proper officers and further this agreement shall be signed in counterpart with the parties named below and a copy of each counterpart shall remain attached to and form part of this agreement. TOWNSHIP OF MULMUR Mayor Date CAO Date TOWNSHIP OF MELANCTHON Mayor Date CAO Date THE CORPORATION OF THE TOWN OF TILLSONBURG Mayor Date CAO Date Page 165 of 298 Page8of10 SCHEDULE “A” The Town of Tillsonburg shall provide the following services and facilities: 1. A 24 hour, seven days a week, 365 days a year answering service, alert paging service and base radio communications dispatch service fully integrated with a Computer Aided Dispatch (CAD) system. 2. A base station manufactured and installed to industry standards complete with the Mulmur-Melancthon Fire Board Fire Department Dispatch frequency. The Town of Tillsonburg shall operate and maintain these services and facilities from two primary public safety communications consoles located in a municipally owned building at 80 Concession Street, East, Tillsonburg. The building shall be equipped with an automatic transfer emergency generator. In the event of system maintenance and/or upgrades, all parties affected shall be granted prior notification when possible. 3. An emergency (third) backup base station manufactured and installed to industry standards complete with the Mulmur-Melancthon Fire Board Fire Department Dispatch frequency. The Town of Tillsonburg shall operate and maintain these services and facilities from a public safety communications console located in a municipally owned building at 10 Lisgar Ave, Tillsonburg. The building shall be equipped with an automatic transfer emergency generator. In the event of system maintenance and/or upgrades all parties affected shall be granted prior notification when possible. 4. Answering, alerting and radio communications dispatch equipment shall be staffed continuously by personnel trained to the core competencies outlined in Ontario Fire Service Communicators Standard and the National Fire Protection Association (NFPA) 1061 Standard for Professional Qualifications for Public Safety Telecommunicators. 5. Transmission of information shall be seamless from when the information is received from the Public Safety Answering Point (PSAP) until the time an emergency is terminated by the Incident Commander and shall be provided in accordance with the time targets specified within NFPA 1221. Seamless is defined to mean without interruption and continuously from the initial call until the satisfactory resolution of the incident. 6. All emergency incident information shall be logged on the CAD system by the communicator and all telecommunications shall be captured on a digital voice recorder. At the completion of the event a detailed incident report shall be collated and forwarded to the Mulmur-Melancthon Fire Board Fire Department via email or other means as arranged between the parties within four hours of termination of Page 166 of 298 Page9of10 command. All audio transmissions shall be recorded from licensed dispatch channels and dedicated phone lines and shall be available to the Mulmur-Melancthon Fire Board Fire Department upon request as arranged between the parties. Recordings shall be made on non-interruptible, non-erasable media. All records including digital voice recordings shall be maintained for a period of two years. 7. Upon the request of the Incident Commander for any additional resources or to relay emergent messaging to other persons, the fire communicator shall relay such requests in a prioritized fashion via telecommunications equipment and shall report confirmation of same to the Incident Commander. 8. Testing of paging system equipment shall be provided as arranged by the parties. 9. The Mulmur-Melancthon Fire Board Fire Department shall provide the following without cost to the Town of Tillsonburg: a. All GIS mapping for its protection area / response zone boundaries. b. All radio transmitting and receiving equipment, licensing and maintenance of same external to the boundary of the Town of Tillsonburg. c. Routing of Emergency 911 telecommunications from the Public Safety Answering Point (PSAP) and the Central Ambulance Communications Center (CACC) as required to meet the approved fire protection services provided by the Municipality for its fire protection area / response zone boundaries inclusive of all required ANI/ALI, GIS mapping and all site location information so that it is seamlessly transmitted to the Secondary Public Safety Answering Point (SPSAP) serving the Tillsonburg Fire Communications Division. d. The Town of Tillsonburg assumes no responsibility with respect to quality of the data received in sections 9.a., 9.b. and 9.c. Page 167 of 298 Page10of10 SCHEDULE “B” FEES TO BE PAID BY THE MULMUR-MELANCTHON FIRE BOARD TO THE TOWN OF TILLSONBURG 1. The Fee Structure contained within this Agreement is predicated upon the contractual participation of the Mulmur-Melancthon Fire Board for a period of not less than three (3) years starting August 1, 2020. 2. The Mulmur-Melancthon Fire Board Fire Department shall pay to the Town of Tillsonburg an annual fee of $5.19 plus tax (if applicable) per resident person residing within the response area of the Township of Mulmur Melancthon. Quantification shall be based upon the most current Canada census report. For 2020, the population dispatched is 2100. 3. The Mulmur-Melancthon Fire Board shall pay an annual adjustment for years two (2) and three, effective on April 15 of each year. The adjustment shall be based on the year to year unadjusted Consumer Price Index (CPI) (CPI Index-All Items – Ontario) published by Statistics Canada, to a maximum of 5% each year. 4. The Mulmur-Melancthon Fire Board shall tender payment to the Town of Tillsonburg in quarterly installments, to be invoiced by the Town of Tillsonburg four (4) times each year to the Township of Mulmur Melancthon. 5. The Mulmur-Melancthon Fire Board may extend the term of this agreement by one (1) or two (2) years. The Mulmur-Melancthon Fire Board shall pay an annual adjustment for years four (4) and five (5), effective on April 15 of each year. The adjustment shall be based on the year to year unadjusted Consumer Price Index (CPI) (CPI Index- All Items – Ontario) published by Statistics Canada, to a maximum of 5% each year. The index will be from the January posting of the CPI from the current year. 6. The Mulmur-Melancthon Fire Board agrees to pay for costs associated with implementing Next Generation 911 services for the Township of Mulmur Melancthon. These fees will be based on a cost recovery / per capita model if the Mulmur-Melancthon Fire Board is under contract when Next Generation 911 is implemented in Tillsonburg FireComm. The Town of Tillsonburg will work closely with all stakeholders to keep them apprised of anticipated costs and dates. Page 168 of 298 Page 1 of 4 Subject: Establishing Pedestrian Connections to Broadway Report Number: RCP 20-24 Author: Rick Cox, Director of Recreation, Culture & Parks Meeting Type: Council Meeting Meeting Date: Monday, May 25, 2020 RECOMMENDATION THAT Council receives Report RCP 20-24 - Establishing a Pedestrian Connection From Langrell and James Avenues to Broadway; AND THAT Council authorizes staff to develop and procure a pedestrian connection to Broadway from James Avenue and Langrell Avenue; AND THAT CJDL Consulting Engineers be engaged as a single-source provider to develop the plan for this connection at a cost not to exceed $6,500 plus taxes; AND THAT the $31,500 Trails Master Plan Implementation Project approved in the 2019 capital budget be cancelled and the funds be repurposed as a new capital project to establish the pedestrian connection from James and Langrell Avenues to Broadway . BACKGROUND The development of an automobile dealership under way at 671 Broadway includes the establishment of a pedestrian walkway from the Town-owned parkland parcel adjacent to the South-West corner of the property being developed. This is the location of an informal path from the neighbourhood to the west through to the retail services on Broadway. This report seeks permission to formalize the pedestrian connections through the undeveloped parkland to connect to the walkway. DISCUSSION The parkland block associated with the Langrell Avenue development known as North Park Estates has never been developed as a formal park. Preliminary park development plans prepared by the developer were abandoned many years ago. There is a County-owned water treatment facility on part of the parkland parcel, and until 2018, most of the rest was buried under a large pile of dirt and virtually unusable as a park. Over the years neighbourhood residents have been accessing the parkland parcel from James Avenue or Langrell Avenue. Pedestrians pass through the parkland and the adjacent private property in order to reach the retail services available along Broadway, rather than walking all the way around via North Street. This traffic has established an Page 169 of 298 RCP 20-24 Page 2 of 4 informal path but the Town has never formalized this active transportation connection as part of the trail or sidewalk network. During the site plan approval process for the future auto dealership being established at 671 Broadway, staff secured the provision of a permanent 2.0m wide asphalt pedestrian walkway through an easement along the southern limit of the dealership property as part of the development. Once this walkway is in place, it is important that there is connectivity through the parkland parcel for the walkway to connect to. The attached sketch shows where the connections would need to be made in order to provide formal pathways to both Langrell and James Avenues. It is recommended that, once established, these pathways be incorporated into the Town’s active transportation network as Tier 1 connections. This means they would be constructed with hard surfacing and maintained all winter similar to the Veteran’s Walkway or the pedestrian pathway from Delevan to Sanders Street through Memorial Park. CJDL Consulting Engineers were involved with the original North Park Estates subdivision development and the original parkland plan. They are also the consulting engineers hired by the developer of the automobile dealership and therefore the designers of the walkway included as part of that project. Given their historical knowledge of the location and their current involvement with the auto dealership project, it is expected CJDL is best positioned to update the parkland design to connect to the walkway quickly and cost effectively. Consultation: Planning and Engineering staff were consulted during the preparation of this report. CJDL Consulting Engineers were consulted to assess the potential cost of the design. Until that work is completed, an estimated cost for construction is not available. Financial Impact/Funding Source: There is a trail expansion project for $31,500 on the current approved Capital Project list from 2019. The project was proposed to extend the rail trail from Weston Drive past the Transfer Station, across Pressey Line and through to the Van Norman Innovation Park at Clearview Drive. During the 2019 budget deliberations, Council put a hold on that project but did not remove the funding from the budget, so the funds remain in reserves. Staff recommends that project be cancelled and the funds be redirected towards establishing and formalizing the pedestrian connection discussed in this report. Establishing this pedestrian connection as a Tier 1 active transportation link wil l have a minimal operational budget impact on the annual winter maintenance allocation for the Public Works Department. Community Strategic Plan (CSP) Linkage: 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government Page 170 of 298 RCP 20-24 Page 3 of 4 ☒ Demonstrate accountability 2. Economic Sustainability ☒ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☒ Make Tillsonburg an attractive place to live for youth and young professionals ☒ Provide opportunities for families to thrive ☒ Support the aging population and an active senior citizenship 4. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☒ Provide a variety of leisure and cultural opportunities to suit all interests ☒ Improve mobility and promote environmentally sustainable living Attachments: Appendix A – Sketch of Proposed Pedestrian Connection Page 171 of 298 RCP 20-24 Page 4 of 4 Report Approval Details Document Title: RCP 20-24 - Establishing a Pedestrian Connection From Langrell Ave to Broadway.docx Attachments: - RCP 20-24 - A - Sketch of Proposed Pedestrian Connection.pdf Final Approval Date: May 20, 2020 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - May 14, 2020 - 8:33 AM Kyle Pratt - May 20, 2020 - 6:59 AM Michelle Smibert - May 20, 2020 - 7:33 AM Page 172 of 298 May 5, 2020 Proposed Pedestrian Connection from Langrell & James Avenues to Broadway 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 Legend 00 Notes NAD_1983_UTM_Zone_17N 0 Purple - sidewalk and asphalt path installed by developer. Red - proposed asphalt path to be developed by the Town. Kilometers Yellow - future sidewalk connection to be developed by the Town. Page 173 of 298 Page 1 of 4 Subject: DRAFT – Planning a New Park for Northcrest Estates Report Number: RCP 20-25 Author: Rick Cox, Director of Recreation, Culture & Parks Meeting Type: Council Meeting Meeting Date: Monday, May 25, 2020 RECOMMENDATION THAT Council received Report RCP 20-25 Planning a New Park for Northcrest Estates; AND THAT Council authorizes staff to contract with Ron Koudys Landscape Architects (RKLA) to prepare a design for and oversee the construction of the new neighbourhood park being established as part of the Northcrest Estates subdivision; AND THAT the funds to design and install the park amenities are to come from the $85,000 in residential Development Charges approved for that purpose supplemented with a $37,665 cash in lieu of parkland contribution agreed to by the developer ; AND THAT the budget to establish the new park including design and installation is set at $122,665. BACKGROUND The proposed Northcrest Estates subdivision on the South side of North Street includes a parkland block as well as two proposed pedestrian connections to the rail trail corridor. The park development was anticipated in the current Development Charges study, and the Town’s best practice approach to subdivision guidelines requires the design of new parks be done by a certified landscape architect. The Town and the developers have agreed on the preferred design team of Ron Koudys Landscape Architects (RKLA) to work on the project, and in the interest of having appropriate marketing materials by mid-summer 2020 both parties seek to proceed with the park design. This report requests authorization to hire RKLA to design the park and oversee the construction of it. DISCUSSION The proposed Northcrest Estates subdivision is pursuing a finalized subdivision agreement by mid-summer of 2020. Included in the draft plan of subdivision is a park block of approximately 0.26 ha, as well as two trail corridor connection pathways. As the land area does not equal 5% of the subdivision area, a cash -in-lieu contribution of $37,665 has been incorporated into the subdivision agreement in addition to the land contribution. The intent of the developer and of staff is to use those funds in addition to Page 174 of 298 RCP 20-25 Page 2 of 4 the appropriate development charges to design and construct the new park. Over and above the land and cash-in-lieu, the developer has agreed to install a concrete pedestrian walkway from North Street through the park block at their expense in order to facilitate pedestrian connectivity to the rail trail. The Town’s draft Subdivision Guidelines include a best practice requirement of having parkland blocks designed by licensed Landscape Architects. For this new park, the team from RKLA has been mutually selected as being acceptable to both the Town and the developer. The developer has also asked that the park design and cost estimate be completed by July 31, 2020 so that imagery can be included in their marketing literature. Further, they have asked that the park amenities be installed in May-June 2021 to align with their construction and occupancy schedule. RKLA has provided a quote of a maximum of $18,000 plus taxes to prepare the design & tender specifications, and to provide oversight and verification of the construction. This quote does not include any public consultation on the design. Using RKLA will help ensure that the new park incorporates low maintenance, naturalized park elements, native species and appropriate crime prevention (CPTED) best practices. Their previous work elsewhere in Tillsonburg (downtown, Memoria l Park, etc.) means they are very familiar with the community’s needs and capacity. The documentation of key elements in this new park will form the basis of updated park specifications that can be used when planning future parks and updating existing par ks in Tillsonburg. The construction of the park will be tendered once the design is completed and approved. CONSULTATION Mike Hutchinson Properties Inc. and Performance Communities Inc. (Hayhoe Homes) were consulted with respect to the subdivision planning, selecting a landscape architect company, and the timing of the work. Planning staff and Economic Development were consulted with respect to the appraisal of the lands to secure the cash-in-lieu contribution. VALCO Appraisal Consulting conducted the appraisal to establish the value of land in order to calculate the cash-in-lieu contribution. FINANCIAL IMPACT/FUNDING SOURCE The approved 2019-2024 Development Charges Study will secure $85,500 from the residential share of development charges towards the estimated cost of $100,000 to establish the park. A portion of the cash-in-lieu contribution from the developer of $37,665 will be utilized to fund the $4,500 non-residential share of development charges as well as the $10,000 statutory reduction. The remainder of the cash-in-lieu will be used to pay for the design process and construction oversight, and provide a contingency allocation for the project resulting in a total budget for the park project of $122,665. COMMUNITY STRATEGIC PLAN (CSP) LINKAGE Page 175 of 298 RCP 20-25 Page 3 of 4 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☒ Make Tillsonburg an attractive place to live for youth and young professionals ☒ Provide opportunities for families to thrive ☒ Support the aging population and an active senior citizenship 4. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☒ Provide a variety of leisure and cultural opportunities to suit all interests ☒ Improve mobility and promote environmentally sustainable living ATTACHMENTS Appendix A – Draft Plan of Subdivision for Northcrest Estates – park blocks highlighted Page 176 of 298 RCP 20-25 Page 4 of 4 Report Approval Details Document Title: RCP 20-25 - Planning a New Park for Northcrest Estates.docx Attachments: - RCP 20-25 - A - sb19-06-7_signed draft Plan-20191206.pdf Final Approval Date: May 20, 2020 This report and all of its attachments were approved and signed as outlined below: Kyle Pratt - May 20, 2020 - 3:31 PM Page 177 of 298 Page 178 of 298 Page 1 of 6 Subject: An Updated Memorandum of Understanding with the Tillsonburg Downtown Business Improvement Association Report Number: RCP 20-26 Author: Rick Cox, Director of Recreation, Culture & Parks Meeting Type: Council Meeting Meeting Date: Monday, May 25, 2020 RECOMMENDATION THAT Report RCP 20-26 An Updated Memorandum of Understanding with the Tillsonburg Downtown Business Improvement Association be received; AND THAT the Town of Tillsonburg enters into an updated Memorandum of Understanding (MOU) with the Tillsonburg Downtown Business Improvement Association; AND THAT for 2020, the MOU reflect a reduced scope in light of the COVID -19 pandemic but that the complete scope be implemented for 2021; AND THAT the net $24,785 cost required to implement the MOU for 2020 is sourced from the tax rate stabilization reserve; AND THAT a By-law be brought forward for Council’s consideration. BACKGROUND In the fall of 2019, the Tillsonburg Downtown Business Improvement Association (BIA) proposed an alternate approach to providing certain services in the downtown core. This approach was incorporated into the BIA’s 2020 budget as approved by the BI A membership at their AGM and presented to Council during the Town’s 2020 budget process. Discussion with Town staff regarding the specifics of the new approach began before Christmas and continued in February. The COVID-19 pandemic affected progress of the discussions, but they resumed in April. The draft MOU proposed by the BIA is staged for partial implementation in 2020 to reflect the impact of the COVID pandemic, but the intent is for full implementation in 2021. Staff recommends approval of an updated reduced-scope MOU for 2020 and incorporating the expanded MOU into the 2021 budget process. DISCUSSION In 2019, a renewed and reinvigorated BIA invested a great deal of effort and resources to improve the look and feel of the downtown core, placing tables, chairs and flower Page 179 of 298 RCP 20-26 Page 2 of 6 pots throughout the corridor. Building on that initiative, the BIA intends to take over provision of certain services in the downtown core that have been performed by Town staff in recent years. The approach proposed by the BIA is that the Town provides additional funding to the BIA via a transfer payment equivalent to the value of the resources they have calculated that the Town would have deployed in providing those services. Leveraging this transfer payment through grant applications, sponsorship and lower cost staff, the BIA intends to provide a higher level of service, particularly with respect to litter and garbage management in the downtown core. In the updated MOU for 2020, the BIA assumes responsibility for collecting garbage from all downtown receptacles, litter pickup and dumping clean-up. The BIA also takes over all maintenance and storage responsibilities for their downtown benches. The BIA will assume responsibility for placing and maintaining seasonal pots, planters and hanging baskets, and for the trees and tree grates along Broadway. Funds the BIA previously transferred to the Town for establishing and watering the large flower pot planters will be retained by the BIA for that purpose, and the Town will lend the large pots to the BIA for deployment. Town staff will continue to maintain the in-ground gardens at the Rotary Clock Tower, Oxford Parkette and Mineral Springs as part of the overall Town beautification program. However, there is the potential to enter into additional partnerships with area businesses to further enhance these public spaces. Town resources currently deployed to empty the garbage receptacles in the downtown, and to place and maintain the seasonal planters will be redeployed to enhance service in other parts of the park system. It is estimated that the amount of garbage collected from the downtown receptacles represents about 30% of the volume of garbage currently managed by the Parks & Cemeteries team. Not having to empty the receptacles will free up about 145 hours of staff time per year. While there has been an MOU in place with the BIA for a number of years, there has been no direct funding of that agreement incorporated into the Town’s budget. Expenditures related to the services provided by the Town were simply considered part of the operating expenses of the relevant department. Tasks have typically been provided by full-time Town staff, with the exception of specific staff hired for summer beautification. The planter maintenance component of the beautification program only required 0.13 FTE to deliver, and staff recommend that time be redirected into beautification at sites not currently part of the beautification program like the OPP and Fire Headquarters. Staff recommends that the payment schedule proposed in the draft MOU is not implemented as drafted. Instead, staff recommends that to reduce administrative costs a quarterly settlement of accounts take place on the last day of each quarter. One quarter of the BIA levy will be paid on each settlement date and any other transactions that the Town has either paid for or received payment for on behalf of the BIA will be reconciled in the settlement with a complete summary and detailed documentation. Examples of the type of transaction that would be reconciled include but are not limited Page 180 of 298 RCP 20-26 Page 3 of 6 to cell phone charges, software licenses, and grant funds. Payment to the BIA for services outlined in this MOU would be included in 3 equal payments as part of the March, June and September settlement of accounts. It should be noted that this updated MOU does not address the downtown street banner program, and the Christmas decoration program. Further discussions and a separate arrangement between the BIA, the Town, and Tillsonburg Hydro Inc. are anticipated with respect to these functions. CONSULTATION The proposed changes to service provision were reviewed with the Chief Building Official and RCP staff. The Clerk facilitated the discussions with the BIA representatives, and the Director of Finance reviewed the financial arrangements proposed by the BIA and provided alternate recommendations. FINANCIAL IMPACT/FUNDING SOURCE Since 2017, the Town budget has included a transfer of $5,000 from the BIA towards the downtown beautification program. The BIA will be retaining these funds as part of their contribution towards the implementation of the MOU. As a result the impact on the Town’s 2020 budget of the reduced scope incorporated into the MOU reflects a reduction in revenue of $5,000 and cost savings of ($6,820), or a net cost of $24,785. Staff recommends that this 2020 cost be funded from the tax rate stabilization fund. For 2021 and beyond, it is recommended that a specific transfer payment is shown as a line item in the Town budget and reviewed as part of the annual budget deliberation process. Page 181 of 298 RCP 20-26 Page 4 of 6 COMMUNITY STRATEGIC PLAN (CSP) LINKAGE 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☒ Support new and existing businesses and provide a variety of employment opportunities ☒ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☒ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 2020 2021 Town Cost Transfer to BIA as per MOU Courtesy benches 2,975$ 2,975$ Waste & Recycling removal 9,750$ 9,750$ Landscaping, street pots, planters trees 3,080$ 3,080$ Watering/Irrigation 6,530$ 6,530$ Street Signs/Blades -$ 1,500$ Sidewalk & gutter cleanliness and sweeping 4,270$ 4,270$ Capital projects -$ 10,000$ Total transfer 26,605$ 38,105$ BIA Beautification support not transferred to the Town 5,000$ 5,000$ Total Town Cost 31,605$ 43,105$ Offset Savings from RCP Budget Beautification supplies for large flower pots (1,200)$ (1,200)$ Beautification supplies for gardens scaled back due to COVID 19 (3,000)$ -$ Contracted dumpster cost reduction due to less volume (estimated)(2,220)$ (2,220)$ Cost of downtown bench fasteners (100)$ (100)$ Cost of downtown weed treatment supplies (300)$ (300)$ Total Offset Savings (6,820)$ (3,820)$ Tax rate Stabilization Reserve (24,785)$ 0 Tax Levy Impact -$ 39,285$ Page 182 of 298 RCP 20-26 Page 5 of 6 4. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☒ Provide a variety of leisure and cultural opportunities to suit all interests ☒ Improve mobility and promote environmentally sustainable living ATTACHMENTS Appendix A – 2020 MOU Town of Tillsonburg and BIA – COVID 19 Revision Appendix B – 2020 MOU Town of Tillsonburg and BIA – Complete Scope Page 183 of 298 RCP 20-26 Page 6 of 6 Report Approval Details Document Title: RCP 20-26 - An Updated MOU with the Tillsonburg Downtown BIA.docx Attachments: - RCP 20-26 - A - 2020 MOU Town of Tillsonburg and BIA April 2020 Rev 1.3 COVID 19.pdf - RCP 20-26 - B - 2020 MOU Town of Tillsonburg and BIA.pdf Final Approval Date: May 21, 2020 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - May 19, 2020 - 8:41 AM Kyle Pratt - May 21, 2020 - 3:14 PM Michelle Smibert - May 21, 2020 - 3:39 PM Page 184 of 298 Page 1 of 8 2020 MEMORANDUM OF UNDERSTANDING – COVID 19 REVISION BETWEEN TILLSONBURG BUSINESS IMPROVEMENT AREA AND THE CORPORATION OF THE TOWN OF TILLSONBURG 1.0 STATEMENT OF INTENT: The Town of Tillsonburg (Town); representing the Community at large, and the Downtown Business Improvement Association (BIA); representing the service, industrial, institutional and commercial community in the Downtown Core and enter into the Memorandum of Understanding to establish a working partnership/relationship to further enhance that goal. The BIA Board of Management and Executive Director believes that the BIA can deliver a more robust and higher level of service with the Downtown Core cleanliness, aesthetics and experience and this agreement reflects that commitment. For other services provided including the installation and removal of Christmas lights; banners; and other goods and services - the BIA will effect a separate agreement with the 3rd party. 2.0 GUIDING PRINCIPLES: The following guiding principles will direct the deliberations of the Town and BIA in achieving that goal. 2.1 Assist business entrepreneurs to establish and thrive in the Core on an ongoing basis. 2.2 Provide through the Town’s Economic Growth Strategy a framework for growth, management and development. 2.3 Initiate improvement projects that will enhance the Community profile of the Core. 2.4 Provide financial incentives and technical resource assistance as requested and/or needed. 2.5 Encourage and support the BIA management board and staff in their endeavours. 2.6 Promote and raise the profile of the Core in surrounding communities as the place to visit and shop. 2.7 Develop plans for continuous improvement of all capital assets and beautifications. 2.8 Coordinate annual operating and capital plans between the parties, where feasible and practical. 2.9 Develop communication protocols and procedures to enhance the effectiveness of BIA operations in the Downtown Core. 2.10 Provide for the annual review of by-laws to ensure consistency between Town and BIA strategic objectives. 2.11 BIA and Town to review and agree upon capital projects prior to the Town’s budget approval by Town Council. 3.0 MANDATES: Page 185 of 298 Page 2 of 8 BIA: The BIA as set out in the Municipal Act, has been established to promote (a) the Core as the major business and shopping area of the Town and (b) the improvement, beautification and maintenance of municipally-owned land, buildings, and structures in the area beyond that provided (incremental to) the expense of the municipality. TOWN: The Town of Tillsonburg, as set out in the Official Plan, is obligated to maintain, develop and create a strong, healthy and vibrant Downtown Core consistent with the Corporate strategic plan and best-practices as demonstrated by similar small urban towns & cities in Canada. 4.0 CONDITIONS PRECEDENT: The parties agree to the following conditions: 4.1 Capital projects of a minor nature as set out above will be the responsibility of the BIA to fund under separate levy subject to a business plan being presented to Council which includes the ongoing operating costs associated therewith. A list of project assets to date is provided in Appendix A. 4.2 Operating costs between the parties will be in accordance with the approved schedule attached as Appendix B. 4.3 Any additional charges or costs other than those contained in this agreement must be agreed to by the parties prior to procurement and/or issuance of a purchase order. 4.4 The approved/budgeted BIA levy is to be paid in 4 equal installments calculated as the approved annual gross levy budget divided by 4. These payments are to be made on: - March 15th June 15th - Sept 15th December 15th 4.5 Any invoiced charges to the BIA must be accompanied with proper back-up documentation including the scope of work and staff time as per this agreement. 4.6 The only deductions to be made from the BIA levy payments are any tax adjustments applicable to the BIA zone. These adjustment(s) must contain the appropriate back- up documentation including property address and roll number. 4.7 Payments for debentures are to be invoiced to the BIA when paid for by the Town. The BIA will pay said debenture payments within 30 days of receipt. 4.8 A BIA representative and the Town’s Revenue Manager are to meet at least twice yearly to review the assessment roll for changes and updates. 4.9 The BIA and Town agree to provide “change of use” information between the parties on an as-needed basis with respect to properties contained within the BIA zone (i.e. a Church no longer be used as a “house of worship”. 4.10 The payment for services provided by the BIA and paid for by the Town are to be billed in 4 equal installments as follows: May 15, 2020 - $6,651.25 July 15, 2020 - $6,651.25 Sept 15, 2020 - $6,651.25 Nov 15, 2020 - $6,651.25 Page 186 of 298 Page 3 of 8 5.0 AMENDMENTS: Amendments to the agreement will require the mutual consent of the parties and will be considered at the annual review meeting to take place in November of each year. The BIA Board of Management must approve all proposed amendments. 6.0 TERMS OF THE AGREEMENT: 6.1 The agreement will be reviewed annually and will be in effect from the commencement date to December 31st of 2020. 6.2 The annual review will take place in September of each year and prior to the approval of the Town and BIA budgets for the upcoming fiscal year. TILLSONBURG BUSINESS IMPROVEMENT ASSOCATION __________________________ __________________ By: Date: THE CORPORATION OF THE TOWN OF TILLSONBURG __________________________ __________________ By: Date: __________________________ __________________ By: Date: APPENDIX A: BIA ASSETS 1.0 STREET FURNITURE: 1.1 Benches – cast iron and wood slat construction - 29 1.2 Glass top tables (36” x 36”) – 40 1.3 Glass top side tables (20” x 20”) – 15 Page 187 of 298 Page 4 of 8 1.4 Black aluminum chairs – 160 1.5 Nylon brown chairs - 60 1.6 Hexagon picnic tables - 3 2.0 SMOKING CONTROL: 2.1 Butt stop – stand alone unit – 5 2.2 Butt stop – wall mount – 5 3.0 POTS & PLANTERS: 3.1 Narrow/tall single planter - 24 3.2 Large brown pots – 20 3.3 Square planters - 2 4.0 GARBAGE CONTAINERS: 4.1 Black steel double unit – 11 4.2 Barrel style with red lid – 1 4.3 Rubbermaid – round style with lid – 2 4.4 Rubbermaid – square with lid – 2 4.5 Rubbermaid – square with recycling lid – 1 5.0 SHADE STRUCTURE & SUPPORTS: 5.1 7’ umbella – 55 5.2 9’ umbella – 6 5.3 Umbrella bases – large – 60 5.4 Umbrella bases – small – 24 6.0 OFFICE EQUIPMENT: 6.1 IT – laptop computers – 2 6.2 IT – desktop computers – 2 6.3 IT – colour printers – 2 6.4 IT – iPhones – 2 6.5 IT – label maker – 1 6.6 Furniture – tables – 1 6.7 Furniture – office chairs – 2 6.8 Office miscellaneous – 17 7.0 STREETSCAPE IMPROVEMENTS: 7.1 Broadway node reconstruction circa 2004: 7.1.1 Interlocking stone-works 7.1.2 Cast iron tree grates 7.1.3 Trees 7.1.4 Accessible ramps 7.1.5 Tree guards 7.1.6 Power outlets 7.2 Heritage LED light fixtures circa December 2018: 7.2.1 Contribution to capital cost for procurement Page 188 of 298 Page 5 of 8 differential: ($114,000 comprised of 70 fixtures) 8.0 ELECTRONIC BULLETIN BOARDS & DISPLAYS 8.1 EBB at Venison & Broadway 8.2 EBB at Mineral Springs 8.3 LG 47WB 50BRB-B flat panel HD TV (1 each) APPENDIX B: COST OF SERVICES – OPERATING & CAPITAL – 2020 COVID REVISION TOWN 1.0 BIA COURTESY BENCHES $2,975 Purchase, installation, storage & maintenance of all benches in the BIA zone which includes seasonal installation, (spring); maintenance during spring, summer and early fall; and collection & storage in the winter months. Operational responsibility: 100% BIA with the Town paying $2,975 to the BIA annually. Page 189 of 298 Page 6 of 8 2.0 WASTE & RECYCLE REMOVAL: $9,750 Collect, remove and disposal of waste and recycling in the Downtown Core with the exception of the units located at the Tillsonburg Town Centre Mall campus area. This also includes the collection, removal and disposal of dumped waste items in Downtown alleys, Downtown parking lots & other public spaces including Library Lane. The BIA will be responsible for its own dumpster, labour, scheduling, service levels and disposal of collected items. Operational responsibility: 100% BIA with Town paying $9,750 to the BIA annually. 3.0 LANDSCAPING SERVICES $3,080 STREET POTS, PLANTERS, TREES Purchase and install all trees, replace damaged or dead trees/foliage on an annual basis. Includes as-needed pruning and foliage removal. The BIA will assume the cost of the plant materials, Maintenance & care for the large Town pots located at the clock tower, major intersections & other areas in the Downtown BIA zone. Purchase and install all seasonal pots, planters, hang baskets, (includes the cost of all specimens of flowers, greenery, pot accents and signage. *Note: this does not include the cost of cutting or caring for grassed areas which remains in the purview of the Town. Remove all weeds from grates, curbs, sidewalks, alleys, walkways, public areas, parkettes, traffic signals, nodes, & interlocking stone areas. Operational responsibility: 100% BIA with Town paying $3,080 to the BIA for 2020. 4.0 WATERING/IRRIGATION $6,530 Includes watering/irrigation of all pots, plants, baskets, planter units & urns in the BIA defined zone including those owned by either the BIA or Town of Tillsonburg. This service includes the cost of water, fertilizer, hoses, nozzles, pumps & other equipment that is required to undertake this effort. Operational responsibility: 100% BIA with Town paying $6,530 to the BIA for 2020. 5.0 STREET SIGNS/BLADES $0 100% responsibility of the BIA with (for 2020 only) Page 190 of 298 Page 7 of 8 The Town providing $1,500 per annum for replacement and/or new street signage that meets AODA standards. DEFERRED TO 2021 This service includes the design, approval, procurement, installation, maintenance & repair of all Downtown street blade signs on an annual basis. Note: For 2020; commence transition to proper AODA standards for 10 main Broadway signs with the remaining replacements to be phased-in commensurate with future budgets & business plans. 100% BIA responsibility with the Town paying the BIA $1,500 for 2020. 6.0 SIDEWALK & GUTTER CLEANLINESS & $4,270 MANUAL STREET-SWEEPING The BIA will perform day-to-day sweeping in all downtown areas of the commercial corridor. The Town to provide annual funding of $4,270 representing 50% of the cost of this service for 2020. This service includes all labour costs; cost of removal of garbage, cost of equipment, cost of PPE & supervision of student labour including an operational plan and system for BIA staff to follow. This service also includes the one-time, annual spring clean-up from the winter thaw. 7.0 CAPITAL PROJECTS: $0 The Town to provide the BIA with 2020 funding (for 2020 only) of $3,000 towards BIA capital projects for the downtown Core area with an equal or greater contribution by the BIA for 2020. DEFERRED TO 2021 2020 capital purchases include: a) Additional smoking control units (2) b) Additional waste receptacles units (2) c) Contribution to remaining BIA capital projects (or replacements), as listed separately above. Note: The BIA has used the 2013 cost platform as the base with a 2.5% annual inflation factor plus adjustment for actual costs experienced in 2019. Page 191 of 298 Page 8 of 8 TOTAL 2020 FUNDING FROM THE TOWN TO BIA: $26,605 Page 192 of 298 Page 1 of 7 2020 MEMORANDUM OF UNDERSTANDING BETWEEN TILLSONBURG BUSINESS IMPROVEMENT ASSOCIATION AND THE CORPORATION OF THE TOWN OF TILLSONBURG 1.0 STATEMENT OF INTENT: The Town of Tillsonburg (Town); representing the Community at large, and the Downtown Business Improvement Association (BIA); representing the service, industrial, institutional and commercial community in the Downtown Core and enter into the Memorandum of Understanding to establish a working partnership/relationship to further enhance that goal. The BIA Board of Management and Executive Director believes that the BIA can deliver a more robust and higher level of service with the Downtown Core cleanliness, aesthetics and experience and this agreement reflects that commitment. For other services provided including the installation and removal of Christmas lights; banners; and other goods and servicesl the BIA will effect a separate agreement with the party responsible. 2.0 GUIDING PRINCIPLES: The following guiding principles will direct the deliberations of the Town and BIA in achieving that goal. 2.1 Assist business entrepreneurs to establish and thrive in the Core on an ongoing basis. 2.2 Provide through the Town’s Economic Growth Strategy a framework for growth, management and development. 2.3 Initiate improvement projects that will enhance the Community profile of the Core. 2.4 Provide financial incentives and technical resource assistance as requested and/or needed. 2.5 Encourage and support the BIA management board and staff in their endeavours. 2.6 Promote and raise the profile of the Core in surrounding communities as the place to visit and shop. 2.7 Develop plans for continuous improvement of all capital assets and beautifications. 2.8 Coordinate annual operating and capital plans between the parties, where feasible and practical. 2.9 Develop communication protocols and procedures to enhance the effectiveness of BIA operations in the Downtown Core. 2.10 Provide for the annual review of by-laws to ensure consistency between Town and BIA strategic objectives. 2.11 BIA and Town to review and agree upon capital projects prior to the Town’s budget approval by Town Council. 3.0 MANDATES: BIA: Page 193 of 298 Page 2 of 7 The BIA as set out in the Municipal Act, has been established to promote (a) the Core as the major business and shopping area of the Town and (b) the improvement, beautification and maintenance of municipally-owned land, buildings, and structures in the area beyond that provided (incremental to) the expense of the municipality. TOWN: The Town of Tillsonburg, as set out in the Official Plan, is obligated to maintain, develop and create a strong, healthy and vibrant Downtown Core consistent with the Corporate strategic plan and best-practices as demonstrated by similar small urban towns & cities in Canada. 4.0 CONDITIONS PRECEDENT: The parties agree to the following conditions: 4.1 Capital projects of a minor nature as set out above will be the responsibility of the BIA to fund under separate levy subject to a business plan being presented to Council which includes the ongoing operating costs associated therewith. A list of project assets to date is provided in Appendix A. 4.2 Operating costs between the parties will be in accordance with the approved schedule attached as Appendix B. 4.3 Any additional charges or costs other than those contained in this agreement must be agreed to by the parties prior to procurement and/or issuance of a purchase order. 4.4 The approved/budgeted BIA levy is to be paid in 4 equal installments calculated as the approved annual gross levy budget divided by 4. These payments are to be made on: - March 15th June 15th - Sept 15th December 15th 4.5 Any invoiced charges to the BIA must be accompanied with proper back-up documentation including the scope of work and staff time as per this agreement. 4.6 The only deductions to be made from the BIA levy payments are any tax adjustments applicable to the BIA zone. These adjustment(s) must contain the appropriate back- up documentation including property address and roll number. 4.7 Payments for debentures are to be invoiced to the BIA when paid for by the Town. The BIA will pay said debenture payments within 30 days of receipt. 4.8 A BIA representative and the Town’s Revenue Manager are to meet at least twice yearly to review the assessment roll for changes and updates. 4.9 The BIA and Town agree to provide “change of use” information between the parties on an as-needed basis with respect to properties contained within the BIA zone (i.e. a Church no longer be used as a “house of worship”. 4.10 The payment for services provided by the BIA and paid for by the Town are to be billed in 4 equal installments as follows: March 15, 2020 - $10,296.25 June 15, 2020 - $10,296.25 Sept 15, 2020 - $10,296.25 Dec 15, 2020 - $10,296.25 Page 194 of 298 Page 3 of 7 5.0 AMENDMENTS: Amendments to the agreement will require the mutual consent of the parties and will be considered at the annual review meeting to take place in November of each year. The BIA Board of Management must approve all proposed amendments. 6.0 TERMS OF THE AGREEMENT: 6.1 The agreement will be reviewed annually and will be in effect from January 1st to December 31st of each fiscal year. 6.2 The annual review will take place in September of each year and prior to the approval of the Town and BIA budgets for the upcoming fiscal year. TILLSONBURG BUSINESS IMPROVEMENT ASSOCATION __________________________ __________________ By: Date: THE CORPORATION OF THE TOWN OF TILLSONBURG __________________________ __________________ By: Date: __________________________ __________________ By: Date: APPENDIX A: BIA ASSETS 1.0 STREET FURNITURE: 1.1 Benches – cast iron and wood slat construction - 29 1.2 Glass top tables (36” x 36”) – 40 1.3 Glass top side tables (20” x 20”) – 15 1.4 Black aluminum chairs – 160 1.5 Nylon brown chairs - 60 Page 195 of 298 Page 4 of 7 1.6 Hexagon picnic tables - 3 2.0 SMOKING CONTROL: 2.1 Butt stop – stand alone unit – 5 2.2 Butt stop – wall mount – 5 3.0 POTS & PLANTERS: 3.1 Narrow/tall single planter - 24 3.2 Large brown pots – 20 3.3 Square planters - 2 4.0 GARBAGE CONTAINERS: 4.1 Black steel double unit – 11 4.2 Barrel style with red lid – 1 4.3 Rubbermaid – round style with lid – 2 4.4 Rubbermaid – square with lid – 2 4.5 Rubbermaid – square with recycling lid – 1 5.0 SHADE STRUCTURE & SUPPORTS: 5.1 7’ umbella – 55 5.2 9’ umbella – 6 5.3 Umbrella bases – large – 60 5.4 Umbrella bases – small – 24 6.0 OFFICE EQUIPMENT: 6.1 IT – laptop computers – 2 6.2 IT – desktop computers – 2 6.3 IT – colour printers – 2 6.4 IT – iPhones – 2 6.5 IT – label maker – 1 6.6 Furniture – tables – 1 6.7 Furniture – office chairs – 2 6.8 Office miscellaneous – 17 7.0 STREETSCAPE IMPROVEMENTS: 7.1 Broadway node reconstruction circa 2004: 7.1.1 Interlocking stone-works 7.1.2 Cast iron tree grates 7.1.3 Trees 7.1.4 Accessible ramps 7.1.5 Tree guards 7.1.6 Power outlets 7.2 Heritage LED light fixtures circa December 2018: 7.2.1 Contribution to capital cost for procurement differential: ($114,000 comprised of 70 fixtures) Page 196 of 298 Page 5 of 7 APPENDIX B: COST OF SERVICES – OPERATING & CAPITAL TOWN 1.0 BIA COURTESY BENCHES $2,975 Purchase, installation, storage & maintenance of all benches in the BIA zone. Operational responsibility: 100% BIA with the Town paying $2,975 to the BIA annually. 2.0 WASTE & RECYCLE REMOVAL: $9,750 Collect, remove and disposal of waste and recycling in the Downtown Core with the exception of the units Page 197 of 298 Page 6 of 7 located at the Tillsonburg Town Centre Mall. Also the collection, removal and disposal of dumped waste items in Downtown alleys. Operational responsibility: 100% BIA with Town paying $9,750 to the BIA annually. 3.0 LANDSCAPING SERVICES $6,160 Includes maintenance of all downtown flower beds including: Broadway, Ridout, Clock Tower Harvey/Brock parkette Purchase and install all trees, replace damaged or dead trees/foliage. *Note: this does not include the cost of cutting or caring for grassed areas. Remove all weeds from grates, curbs, flower Beds & interlocking stone. Operational responsibility: 100% BIA with Town paying $6,160 to the BIA annually 4.0 WATERING/IRRIGATION $6,530 Includes watering/irrigation of all pots, plants, flower beds, baskets, planter units & urns in the BIA defined zone. Operational responsibility: 100% BIA with Town paying $6,530 to the BIA annually 5.0 STREET SIGNS/BLADES $1,500 100% responsibility of the BIA with The Town providing $1,500 per annum for replacement and/or new street signage. 100% BIA responsibility with the Town paying the BIA $1,500 annually. 6.0 STREETSWEEPING $4,270 The town will use the street-sweeper for large scale sweeping operations as scheduled. The BIA will perform day-to-day sweeping in all downtown areas of the commercial corridor. The Town to provide annual funding of $4,270 representing 50% of the cost of this service. Page 198 of 298 Page 7 of 7 Operational responsibility: 100% town with BIA only paying INCREMENTAL/REQUESTED services above which is provided by the town. 7.0 CAPITAL PROJECTS: $10,000 The Town to provide the BIA with annual funding of $10,000 towards BIA capital projects for the downtown Core area with an equal or greater contribution by the BIA. Note: The BIA has used the 2013 cost platform as the base with a 2.5% annual inflation factor plus adjustment for actual costs experienced in 2019. TOTAL ANNUAL FUNDING FROM THE TOWN TO BIA: $41,185 Page 199 of 298 The Corporation of the Town of Tillsonburg COVID-19 Task Force Meeting May 6, 2020 9:00 a.m. Electronic Meeting MINUTES Present: Abbie Boesterd, Karen Devolin, Emma Dew, Joe McGuire, Councillor Deb Gilvesy, Councillor Chris Rosehart, Merley Wheaton, Roxanne MacMillan, Deputy Mayor Beres, Larry Scanlan Staff: Colleen Pepper, Marketing & Communications Officer; Michelle Smibert, Clerk; Laura Pickersgill, Legislative Services Coordinator 1. Roll Call 2. Call to Order The meeting was called to order at 9:02 a.m. 3. Adoption of Agenda Resolution #1 Moved by: Karen Devolin Seconded by: Larry Scanlan THAT the Agenda as prepared for the COVID-19 Task Force meeting of May 6, 2020, be adopted. Carried 4. Adoption of Previous Minutes Resolution #2 Moved by: Larry Scanlan Seconded by: Abbie Boesterd THAT the Minutes as prepared for the COVID-19 Task Force meeting of April 29, 2020, be adopted. Carried 5. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 6. General Business & Reports 6.1 Communications 6.1.1 Social Media Discussion Concern was noted that there are social media pages being misrepresented as affiliates with the Town of Tillsonburg. Councillor Gilvesy will reach out to the pages Page 200 of 298 moderator to ask that the Town of Tillsonburg be permitted to comment and provide factual information to users. It was suggested that task force members can help moderate comments on these community pages and direct users to the appropriate sources to retain factual information. It was suggested that a short video be developed to make the public aware of what initiatives the task force is working on. The importance of sharing information to many channels is critical to ensuring all or most demographics of the Tillsonburg population are being reached. Recommendations from the previous meeting will be brought before Council at the May 11, 2020 meeting. Members were encouraged to direct inquiries to covid-19@tillsonburg.ca. Colleen Pepper shared information on a different model on providing information based on her power point presentation. The “BOB” approach connects people with best information in bite-sized chunks. Members agreed that this would be a recommended approach. This approach would allow for a reduction in larger daily bulletins and would incur more frequent, smaller bits of information posted throughout the day on various channels. It was suggested that the task force agendas and minutes be posted publicly. Importance was noted on ensuring users are directed back to the direct source of information. The Mayor will be addressing questions during his live Facebook update. It was suggested that a question and answer section be added onto the Town’s Facebook page. 6.1.2 Did You Know Series The Committee noted their frustration with the existing information on the daily bulletins and the website and recommended that smaller more frequent pieces of information be provided throughout the day that pertain largely to local initiatives and concerns on social media. It was noted that there are more avenues for providing information to be utilized such as: the radio, local newspaper, communicating to the local secondary school guidance officer, etc. Concern was raised that if posts are done throughout the day people may miss the information rather than if it were too come all at once at an expected time. It was suggested that questions and answers provided during the Mayor’s live update be posted publicly for reference. Users who are on social media are encouraged to take screenshots of information posted and provide it to those who are not using the Internet. 6.1.3 Town Services Missing The Tillsonburg Transfer Station will open shortly and more information is to come available. Page 201 of 298 It was noted that the number of people being tested within the jurisdiction of Southwestern Public Health is less than 2% at this time. It was noted that there is a new blood test available for front line workers to test for antibodies. Discussion was held regarding the lack of testing centres in Tillsonburg whereas neighbouring communities do have closer access to them. Tillsonburg could be at a disadvantage due to the location of the Town being at the edge of Oxford County. The OPP recently got approval to be tested as part of the frontline workers. Paramedics have been trained to perform the testing. Councillor Gilvesy will follow up to determine if the Tillsonburg Fire Department members will be eligible for testing as frontline workers. Resolution #3 Moved by: Deputy Mayor Beres Seconded by: Karen Devolin WHEREAS THAT the Town of Tillsonburg has a larger percentage of retirement age residents than most Ontario Communities , it is recommended that Council requests the Province through the Southwestern Public Health Unit to set up a public COVID- 19 testing clinic in the Town as soon as possible. Carried 6.1.4 Trail and Park Opening Clarification Laura Pickersgill provided an update that Cadman Park is closed as it operates under the Long Point Region Conservation Authority but that Coronation Park remains open. It was noted that all outdoor amenities, such as benches, disc golf course, tables, and playground equipment remain closed as per the Provincial orders. 6.2 Circulate Local Company Announcements It was suggested that these materials could be shared as part of the bite sized information shared on social media with links back to the source’s website. Councillor Gilvesy will let the task force know when the first post on this will occur. 6.3 Mental Health 6.4 Volunteer Outreach Group Discussion Karen Devolin is gathering information on Volunteer Outreach and will provide an update at a future meeting. It was noted that volunteers are in short supply right now as many volunteers are the higher risk population that are required to stay home. It was noted that community groups receiving funding from agencies must ensure they are following the agencies’ procedures. An example provided would be that groups must be using volunteers with completed vulnerable persons sector checks. If these groups do not follow the rules, they could suffer repercussions of not receiving funding from the agencies or even that the agency could reap legal consequences. Page 202 of 298 Larry Scanlan will reach out to the Oxford County OPP Commander to determine if vulnerable sector checks could be made available in these situations as the OPP are only providing this service for emergencies currently. It was noted that volunteers may or may not be allowed to use vulnerable person sector checks done prior to the pandemic and that it would be the decision of the group the person is volunteering for to accept the older check or not. 6.5 Personal Protective Equipment Donation Campaign Roxanne MacMillan indicated that many health care providers are in short supply of Personal Protective Equipment. It was noted that larger providers have an easier time procuring these resources whereas smaller, private providers and retirement homes have more difficulty doing so and are in even shorter supply. The Town’s Economic Development Department is compiling a list of companies offering PPE and that this list could be shared in the future to businesses. It was suggested that information on the Oxford County PPE Donation Campaign could be shared again on our various channels. Questions on requesting or donating supplies can be directed to 1-800-755-0394 ext. 3550. Abbie Boesterd will provide information to Colleen with the direct website link for the campaign. 7. Round Table To date, there have been 38 complaints Town wide, or 110 complaints County wide to the OPP of concerns related to social distancing and groups larger than five. 8. Next Meeting Wednesday, May 13, 2020 at 9:00 a.m. 9. Adjournment Resolution #4 Moved by: Karen Devolin Seconded by: Joe McGuire THAT the May 6, 2020 COVID-19 Task Force meeting be adjourned at 10:28 a.m. Carried Page 203 of 298 The Corporation of the Town of Tillsonburg COVID-19 Task Force Meeting May 13, 2020 9:00 a.m. Electronic Meeting MINUTES Present: Councillor Deb Gilvesy, Abbie Boesterd, Karen Devolin, Larry Scanlan, Emma Dew, Councillor Chris Rosehart, Deputy Mayor Beres, Merley Wheaton, Roxanne MacMillan Staff: Michelle Smibert, Clerk; Colleen Pepper, Marketing & Communications Officer; Laura Pickersgill, Legislative Services Coordinator Regrets: Joe McGuire 1. Roll Call 2. Call to Order The meeting was called to order at 9:00 a.m. 3. Adoption of Agenda Resolution #1 Moved by: Karen Devolin Seconded by: Deputy Mayor Beres THAT the Agenda as prepared for the COVID-19 Task Force meeting of May 13, 2020, be adopted. Carried 4. Adoption of Previous Minutes Resolution #2 Moved by: Councillor Chris Rosehart Seconded by: Larry Scanlan THAT the Minutes as prepared for the COVID-19 Task Force meeting of May 6, 2020, be adopted. Carried Deputy Mayor Beres posed the question on what actions will be taken regarding promoting local information. It was noted that this information will be presented later on in the agenda. 5. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. Page 204 of 298 6. General Business & Reports 6.1 Communications Colleen Pepper provided an overview of how the Town’s social media page engagement and growth has increased. An overview of posts that attracted a lot of attention on the page were highlighted such as: information on Town trails being open and using caution on the bridge, an employee designated as President of the Lifesaving Society, information on new waste collection details, hydro rate relief and the Mayor’s daily bulletins. Colleen Pepper provided draft examples created with locally involved bite sized pieces of information for sharing to the public. Committee members commended Colleen Pepper on her hard work. It was suggested that clarification be provided regarding dock closures but that boat launches remain open. It was suggested that these bite sized pieces of information be shared throughout the day while targeting peak user times identified from the Facebook analytics. The Mayor’s Facebook live video has received a lot of attention. Colleen Pepper summarized analytics on the Town website usage showing that website traffic is higher this year than compared to this time last year. It was suggested that communications information to be discussed at the meeting be shared earlier to allow members more time for review. Members agreed that the one-pager examples had great designs and include very eye catching pictures. It was suggested that more signage be placed at the physical locations directing people where to go, for example at the docks and boat ramp. Colleen Pepper will follow up with the Director of Recreation, Culture and Parks on this matter. It was confirmed that fishing beside the Lake Lisgar Bridge is permitted (with physical distancing in place between fishers) as long as they are not touching or using the amenity, such as the bridge. Members reviewed the example questions from the group for the ‘Did you Know’ Series. It was noted that all amenities, including outdoor amenities such as soccer nets, benches and disc golf are closed and that parks should be used for walking through and not loitering at this time. Colleen Pepper will advise the Director of Recreation, Culture and Parks regarding the taping of soccer nets so the public knows they are off-limits at this time. It was recommended that more information be shared on what people can and are allowed to do at this time rather than what they are not allowed to do at this time. Councillor Gilvesy provided clarification that the public can now retrieve a building permit as some construction limitations have been loosened by the Province. Larry Scanlan encouraged those who require a police check to visit www.opp.ca and click on the link ‘Criminal Record Checks’ at the bottom of the page to submit an application. These applications may or may not be approved immediately. Applicants will still be required to make payment and show proof of identity at a detachment office in person. Vulnerable sector checks can be a requirement or not Page 205 of 298 depending on if the agency they are volunteering for requires such. Larry Scanlan noted that the Police Services Board may need to address concerns to the OPP regarding the current process in place for retrieving vulnerable sector checks. It was noted that the Town must follow the guidelines provided by the Provincial and Federal Government with respect to mandates surrounding COVID-19 orders and regulations. It was discussed that private businesses can allow restrictions such as having customers wear masks while shopping to ensure the safety of their own staff and other customers. It was suggested that enforcing actual social distancing is not permitted under law but that it is recommended for people to follow. Some municipalities have adopted by-laws to regulate physical distancing and that these would need to be enforced by municipal enforcement officers rather than the OPP. A one pager surrounding the order of groups less than 5 people could be promoted through the Town’s channels. Local businesses could be encouraged to use resources and posters already developed by Southwestern Public Health to use at their businesses to assist with rule compliance. The resolution regarding the promotion of a local testing centre will appear on the May 25th Council agenda. It was noted that enforcement officers are still trying to educate the public on issues related to non-compliance rather than immediately laying charges for non- compliance. The topic of kind messaging and working together will be added to the next agenda for discussion. 6.2 Volunteer Outreach Group Discussion Karen Devolin shared information regarding a new Oxford County program dedicated for senior citizens. The program allows individuals to contact an assessment personnel on the telephone who will connect them with the appropriate resources based on their needs and condition. Examples of services include volunteers doing grocery shopping for seniors uncomfortable or unable to leave their home. The groceries will be dropped off at the persons’ front door and the volunteer will ensure the recipient retrieves their groceries as a wellness check. Meals on wheels are still available at a discounted rate during the pandemic. This program is available through funding received from the Provincial Government. It was recommended that this information be shared publicly. 7. Round Table People in the community may be scared when individuals are seen wearing masks, so reminding them you are not sick but are protecting yourself and others is Page 206 of 298 suggested. 8. Next Meeting Wednesday, May 20, 2020 at 9:00 a.m. 9. Adjournment Resolution #3 Moved by: Merley Wheaton Seconded by: Karen Devolin THAT the May 13, 2020 COVID-19 Task Force meeting be adjourned at 10:03 a.m. Carried Page 207 of 298 The Corporation of the Town of Tillsonburg COVID-19 Task Force Meeting May 20, 2020 9:00 a.m. Electronic Meeting MINUTES Present: Karen Devolin, Councillor Deb Gilvesy, Abbie Boesterd, Emma Dew, Joe McGuire, Merley Wheaton, Deputy Mayor Beres. Staff: Michelle Smibert, Town Clerk; Laura Pickersgill, Legislative Services Coordinator; Colleen Pepper, Marketing & Communications Officer Regrets: Councillor Chris Rosehart, Larry Scanlan, Roxanne MacMillan 1. Roll Call 2. Call to Order The meeting was called to order at 9:02 a.m. 3. Adoption of Agenda Resolution #1 Moved by: Merley Wheaton Seconded by: Joe McGuire THAT the Agenda as prepared for the COVID-19 Task Force meeting of May 20, 2020, be adopted. Carried 4. Adoption of Previous Minutes Resolution #2 Moved by: Joe McGuire Seconded by: Karen Devolin THAT the Minutes as prepared for the COVID-19 Task Force meeting of May 13, 2020, be adopted. Carried 5. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 6. General Business & Reports 6.1 Communications 6.1.1 Kind Messaging and Working Together Colleen Pepper provided an overview of this past week’s social media usage and Page 208 of 298 communications pieces. It was noted that the local content is creating a lot of attention on social media. The Province has extended the emergency orders until May 29th. Messaging should be shared informing the public that gatherings of more than 5 people are not permitted at this time and that people gathering must be from the same household. It was suggested that messaging be shared informing the public that these rules are the law and that fines could be incurred if rules are disobeyed. A discussion was held regarding the low number of testing occurring through Southwest Public Health and Province-wide in the recent days. It was suggested that the public be reminded that even though there are no reported cases locally does not mean that there are not any active cases going around the local community. A motion will be going in front of Council on May 25th to advocate to the Province for a local testing centre to be established in Tillsonburg. It was noted that the process for getting a test now in the general public is difficult. The process includes individuals having to do an online self-assessment, then contact a doctor based on the results, then the doctor must refer the individual to get the testing done. It was suggested that messaging be shared reminding people to give back to local charities. United Way Oxford recently received federal funding that can be distributed to local charities in need. These charities/agencies are important for keeping structure in the community thus reducing policing costs. It was noted that the Lake Lisgar fountain has not been installed yet this year likely due to the fact that volunteers must set it up and be in close proximity with one another when doing so. Staff will follow up with the Recreation department to confirm. There was a discussion surrounding the matter of wearing of masks. It was noted that at this time individual stores are receiving guidelines from the Province that does not require the wearing of masks. Other guidelines such as washing hands, and physically distancing is very useful to avoid the spread of the virus. It was suggested that information be shared linking individuals to information on: proper mask usage, glove wearing, proper hand washing and social distancing protocols. 7. Round Table 8. Next Meeting Wednesday, June 3, 2020 at 9:00 a.m. The topic of recreational activities for children to be added to the next agenda. 9. Adjournment Page 209 of 298 Resolution #3 Moved by: Karen Devolin Seconded by: Joe McGuire THAT the May 20, 2020 COVID-19 Task Force meeting be adjourned at 9:41 a.m. Carried Page 210 of 298 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 1 - LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Annual General Meeting Minutes of February 28, 2020 Approved May 6, 2020 Members in attendance: Dave Beres, Robert Chambers, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Stewart Patterson, John Scholten and Peter Ypma Staff in attendance: J. Maxwell, A. LeDuc, L. Minshall and D. McLachlan Regrets: Kristal Chopp and Tom Masschaele Special Guests: Jeff Helsdon, Rich Cerna, Elizabeth Van Hoorn, Ed Ketchabaw, Alan Dale, Larry Martin and David Mayberry *Ken Hewitt arrived at 1:55pm WELCOME/CALL TO ORDER Chair, Michael Columbus, introduced himself and welcomed everyone to the Long Point Region Conservation Authority’s 2020 Annual General Meeting. The meeting was called to order at 1:30 pm Friday, February 28, 2020 in the Tillsonburg Administration Office Boardroom. DECLARATION OF CONFLICTS OF INTEREST None ADDITIONAL AGENDA ITEMS None MINUTES OF PREVIOUS MEETINGS A-32/20 moved: R. Chambers seconded: P. Ypma THAT the minutes of the Board of Directors Meeting held February 5, 2020 be adopted as circulated. Carried INTRODUCTION OF THE BOARD OF DIRECTORS The Board members were asked to rise as their names were called. Page 211 of 298 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 2 - CHAIR’S REMARKS Chair Columbus thanked the municipal partners for their financial support and noted a number of milestones in 2020 including the closing of the lease-to-own agreement with Port Burwell Marina, the hydro and water upgrades occurring at the campground areas and the three current floodplain mapping projects currently underway. The Chair thanked staff, volunteers, the Vice-Chair and Members for the hard work in 2019 and continued success in 2020. INTRODUCTION AND GREETINGS FROM SPECIAL GUESTS The Chair introduced Jeff Helsdon, Constituency Assistant to Toby Barrett, MPP Haldimand-Norfolk; Rick Cerna, Chair, Catfish Creek Conservation Authority; Elizabeth Van Hooren, General Manager, Kettle Creek Conservation Authority; Ed Ketchabaw, Mayor, Municipality of Bayham; Alan Dale, Vice-Chair, Upper Thames Region Conservation Authority; Larry Martin, Mayor, Township of Norwich and Warden, Oxford County; and Dave Beres, Deputy Mayor, Town of Tillsonburg. AUDIT AND FINANCE COMMITTEE The Chair called upon Dave Beres, Chair of the Audit and Finance Committee to present the committee report. After introducing Ashley Didone, Audit Partner of MNP, Chair Beres stated that the Audit and Finance Committee met February 19, 2020 and received and reviewed the financial statements in detail. MNP issued a clean opinion of the Authority’s 2019 financial reports and found that the financial statements fairly presented the Authority’s position. A–33/20 Moved: V. Donnell seconded: J. Scholten THAT the minutes of the LPRCA Audit and Finance Committee’s meeting held February 19, 2020 be adopted as circulated. Carried A–34/20 Moved: J. Scholten seconded: V. Donnell THAT the LPRCA Board of Directors approves the financial statements for the year ended December 31st, 2019 prepared by MNP, LLP, Chartered Accountants. Carried Page 212 of 298 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 3 - A–35/20 Moved: V. Donnell seconded: J. Scholten THAT the LPRCA Board of Directors approves the appointment of MNP, LLP Chartered Accountants as LPRCA’s auditors for the 2020 fiscal period. Carried 2019 COMMITTEE REPORTS a) 2019 ANNUAL REPORT The GM presented the 2019 annual report and highlighted the many projects, events and achievements of LPRCA over the past year. Shoreline and riverine mapping data were updated, over 80,000 trees were planted, 14 wetland restoration projects were completed, and staff worked with the watershed municipal emergency management partners through 12 flood events. The GM thanked staff, the board, municipal partners, and the various community partners for their participation and efforts in helping LPRCA improve the environment for those living within the LPRCA watershed. b) BACKUS MUSEUM COMMITTEE Chair Betty Chanyi introduced and thanked the Backus Museum Committee for their work and provided a few highlights of the past year including the new Vic Gibbons Gallery and the “At Home at Backus” exhibit about the Backus family immigrating to Canada. The Summer Theatre – Pirates of Long Point event was well attended and the 2-day War of 1812 is always a visitor-favourite event. The Chair made note of the events of 2020 including the new Summer Theatre – The Witches of Long Point and the return of the Masquerade Ball. Chair Chanyi thanked the staff and board for their support of the museum and heritage program and invited everyone to attend the many events this summer. c) LEE BROWN MARSH MANAGEMENT COMMITTEE Chair Tom Haskett reviewed the activities conducted at the Lee Brown Waterfowl Management Area and of the Lee Brown Marsh Management Committee. The committee is very proud to have taken the lead in managing the invasive plant phragmites that is damaging Ontario’s wetlands and beaches and continues to support the Long Point Phragmites Action Alliance. The controlled waterfowl hunting program went very well and was fully booked in 2019. The winner of the Leighton and Betty Brown Scholarship, Zach Peck, was introduced and congratulated for obtaining summer employment in Manitoba with Delta Waterfowl this summer. Page 213 of 298 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 4 - Chair Haskett thanked the committee, the board and staff with special mention to Kim Brown, Lee Brown Marsh Manager. A-36/20 moved: P. Ypma seconded: R. Chambers THAT the LPRCA Board of Directors receives the 2019 Annual Report, the Backus Museum Committee and the Lee Brown Marsh Management Committee reports as information. Carried DEVELOPMENT APPLICATIONS a) New application The Planning Department recommended the approval of one application. A-37/20 moved: P. Ypma seconded: V. Donnell THAT the LPRCA Board of Directors approves the following Development Application contained within the background section of this report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178/06), LPRCA-28/20 B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA’s mandate and related Regulations. Carried NEW BUSINESS a) VEHICLE TENDERS As per the approved 2020 budget, one new ½ ton 2WD pick-up truck and one new ½ ton 4x4 pick-up were tendered to replace two fleet trucks. Tender documents were forwarded to ten dealers. Of the five bids received for the 2WD truck, and the 4 bids received for the 4x4 truck, staff recommended the lowest bidders for both tenders. Page 214 of 298 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 5 - A-38/20 moved: V. Donnell seconded: P. Ypma That the LPRCA Board of Directors accepts the tenders submitted by De-Groote Hill for one new 2020 Chevy Silverado 4x2 for $32,418 and Stauffer Motors for one new 2020 Ford F-150 4x4 for $34,928. Carried b) NOTICE OF FORMAL MOTIONS A–39/20 moved: R. Chambers seconded: P. Ypma That the LPRCA Board of Directors authorizes the Chair or Vice-Chair and the General Manager or Manager of Corporate Services to borrow funds as required for the day-to- day operations of the Authority. Carried A–40/20 moved: R. Geysens seconded: D. Beres That the LPRCA Board of Directors approves the Chair, Vice-Chair, General Manager and Manager of Corporate Services as designated signing officers for Authority business for the year 2020. Carried A–41/20 moved: D. Beres seconded: R. Geysens That the LPRCA Board of Directors authorizes all members appointed to the Lee Brown Committee from the Community at Large be deemed to be Authority members for the purpose of receiving remuneration for their services on the same basis as regular members of the Authority for 2020. Carried A–42/20 moved: R. Chambers seconded: R. Geysens Page 215 of 298 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 6 - That the LPRCA Board of Directors designates the Authority Chair as the Authority’s representative to Conservation Ontario (CO), with the Vice-Chair designated as alternate, and further that the General Manager be directed to participate on appropriate committees of CO, and be authorized to vote in the absence of the designated representatives. Carried SERVICE AWARD PRESENTATIONS The following board member and staff were recognized for reaching service milestones with LPRCA this past year. John Scholten, Director 5 years Lorrie Minshall, Manager of Watershed Services 5 years Sean Chechalk, Workshop/General Labourer 5 years Judy Maxwell, General Manager 10 years Ben Hodi, Water Resources Analyst and Regulations Officer 10 years Craig Jacques, Water Resources Specialist 10 years Darell Rohrer, Workshop/General Labourer 10 years Kim Brown, Lee Brown Marsh Manager 30 years STEWARDSHIP AWARD PRESENTATION LPRCA encourages everyone to help enhance and protect the watershed and supports private land stewardship. The Conservation Stewardship award was created to recognize those individuals who have acted to enhance and protect the watershed as well as their own properties. The third annual LPRCA Conservation Stewardship Award, presented by Vice-Chair John Scholten, was awarded to Stephen and Katie Hotchkiss for their commitment to positive environmental actions contributing to a more sustainable and healthier watershed. The Hotchkisses have partnered with LPRCA and the Alternative Land Use Services (ALUS) Elgin to establish more than 40 acres of habitat; they have created four wetlands, 20 acres of forest, and more than 16 acres of pollinator habitat. They regularly share their time and insight with others in the community and have participated in events such as the ALUS Elgin Pollinator Awareness Workshop, ALUS Elgin Planting Days, ALUS Seed Sourcing Workshop and ALUS Elgin Annual Environmental Stewardship Tour. Mr. and Mrs. Hotchkiss felt honoured to receive this award and to be part of the community as the Carolinian Zone is very unique and important to them. They also felt the need to set an example for other businesses and showcase that it is possible to provide an environmentally beneficial pathway towards a sustainable and economically positive business model. Page 216 of 298 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 7 - KEYNOTE PRESENTATION Dr. Frank Seglenieks, Water Resources Engineer, National Hydrological Service of Canada within Environment and Climate Change Canada was introduced by Chair Columbus. Dr. Seglenieks works out of Burlington, Ontario, pursuing his research interests in hydrological modelling and historical water level data of the Great Lakes. He was also the coordinator of the University of Waterloo Weather Station, a role he continues now on a volunteer basis Lake Erie Water Levels: Where are they now and where are they going in the future, a look into the status of the lake whose shore we call home. In his presentation, Dr. Seglenieks pointed out the various factors required to keep the lake level in balance; the inflows versus the outflows. There is no actual control of inflows and outflows on Lake Erie, and the persistent wet weather conditions across the Great Lakes basin has been the major contributing factor to the continuous high Lake Erie water levels since 2017. The future of Lake Erie water level depends primarily on the amount of water going into the system. Outflows from all the Great Lakes are at or near record highs and are predicted to remain so for several months. Based on his modelling and research, Dr. Seglenieks said the great lakes have tended to lock into patterns that last between 10 to 15 years of either very low water levels or very high waters levels. We are currently at three years of record highs but it cannot be assumed that the record highs will continue for the next several years. For instance, if there are average weather conditions for the next several months, the models predict that the Lake Erie water level will reach record highs in the next couple of months but the summer months would be lower than 2019. In conclusion, Dr. Seglenieks said that regulation has a limited role. Nature will do what it wants and we have to adapt through resilient measures for both flooding and drought. The Chair thanked Dr. Seglenieks for his presentation and then adjourned the meeting at 3:05pm. Michael Columbus Dana McLachlan Chair Administrative Assistant Page 217 of 298 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 1 - LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Special Meeting Via Teleconference Minutes of April 22, 2020 Approved May 6, 2020 Members in attendance: Dave Beres, Kristal Chopp*, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson and John Scholten Staff in attendance: J. Maxwell, A. LeDuc and D. McLachlan Regrets: Robert Chambers and Peter Ypma *K. Chopp joined the meeting at 2:05pm The meeting was called to order at 2:00 pm Wednesday, April 22, 2020 via conference call. DECLARATION OF CONFLICTS OF INTEREST None NEW BUSINESS a) LPRCA ADMINISTRATIVE BY-LAW AMENDMENT The purpose of the amendment is to permit electronic meetings during any period where an emergency has been declared. Jeff Yurek, Minister of the Environment, Conservation and Parks, forwarded a directive to the 36 Conservation Authorities on March 26 outlining the necessary steps required to enable the electronic meetings. The regular Board of Directors meeting on May 6, 2020 at 6:30 pm will be held via Zoom. MOTION A-43/20 moved: D. Beres seconded: V. Donnell THAT the LPRCA Board of Directors repeals the LPRCA Administrative By-Law (Resolution A-50/19) adopted April 3, 2019; And THAT the LPRCA Board of Directors adopts the LPRCA Administrative By-Law as presented. CARRIED Page 218 of 298 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 2 - Board Member Chopp expressed that during times like this it is even more important that all organizations work together to ensure economic recovery. The Chair asked for a brief update on operations and measures taken during this pandemic. Staff noted that there has been a review of operations and there has been mitigating steps taken and a financial update for the 1st quarter will be presented at the May board meeting with a projection. The Chair adjourned the meeting at 2:20 pm. Michael Columbus Dana McLachlan Chair Administrative Assistant Page 219 of 298 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-___ A BY-LAW to authorize an agreement between the Corporation of the Town of Tillsonburg and the Corporation of the Town of Orangeville for the provision of fire communications services. WHEREAS the Fire Protection and Prevention Act, S.O. 1997, c. 4, as amended, authorizes a municipality to provide and/or receive fire protection services to or from other municipalities; AND WHEREAS the Town of Tillsonburg operates fire protection services and holds fire protection assets including fire communications personnel and equipment suitable to meet municipal responsibilities required by the Fire Protection and Prevention Act, through a fire department situated within the Town of Tillsonburg; AND WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an agreement with the Corporation of the Town of Orangeville to provide fire communications services. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT the agreement attached hereto as Schedule “A” forms part of this by-law; 2. THAT the Mayor and Chief Administrative Officer be hereby authorized to execute the attached agreement on behalf of the Corporation of the Town of Tillsonburg; 3. THAT this By-Law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 25th day of MAY, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 25th day of MAY, 2020. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Michelle Smibert Page 220 of 298 Page 1 of 31 OF-2020-01 Fire Dispatch Services CONTRACT FOR THE SUPPLY OF FIRE DISPATCH SERVICES This contract is made effective as of May 11, 2020 (the “Effective Date”) between The Corporation of the Town of Orangeville, an Ontario municipality having offices at 87 Broadway Orangeville, Ontario (the “Town”) and the Town of Tillsonburg, a corporation incorporated under the laws of Ontario having offices at 80 Concession Street East, Tillsonburg, Ontario (“Contractor”). 1. Contract Documents. The terms of the contract between the Town and Contractor for the supply of the goods and services set out in the Scope of Work (SOW) are comprised of the following (collectively, the “Contract”): a) the main body of this Contract b) Schedule “A” (Scope of Work) (the “SOW”) c) Schedule “B” (Basis of Payment) d) the Town RFP OF-2020-01, including (i) all Addenda (which, for greater certainty, shall supersede the contents of the RFP) and (ii) all documents incorporated by reference into the RFP; e) the Contractor’s proposal submitted March 5, 2020 in response to the above-noted RFP f) General Liability Insurance and WSIB certificates g) Town of Orangeville Health and Safety Policy. Where the document is not included as a schedule, it is deemed incorporated by reference. In the event of a conflict or inconsistency between any of the above documents, the conflict or inconsistency shall be resolved in favour of the document first appearing on the above list. 2. General. Contractor shall supply the goods, if any, (the “Goods”) and the fire dispatch services described in the SOW, and deliver the deliverables outlined in this Contract (together, the services and the deliverables are the “Services”) at the prices stipulated, and in accordance with, the terms of the Contract. 3. Personnel. Contractor shall provide the services of the persons named in the Contractor’s proposal (if any), together with any additional persons necessary to perform the work and provide the Services. Should Contractor, at any time, be unable to provide the services of the named persons or should at any time the required qualifications of named personnel be lost such that they no longer meet the required qualifications to provide the Services, Contractor shall be responsible for providing replacements with at least the same level of skill and experience and that meet the qualifications requirements. In such cases, Contractor shall notify the Town’s representative in writing and provide: (a) the reason for the removal of the named person from the project; (b) the name of the proposed replacement; and (c) an outline of the skills and experience of the proposed replacement. To the extent practicable, the notice will be sent at least seven (7) days in advance of the date upon which the replacement is to commence work. Such replacements will be subject to the written approval of the Town. The Town may order the removal of any personnel (whether or not named in the original proposal) on reasonable grounds including, without limitation, a violation of the Town’s applicable workplace policies (available on the Town’s website at Orangeville.ca) and if such an order is made, Contractor shall immediately remove the person from the work and shall secure a replacement. Page 221 of 298 Page 2 of 31 OF-2020-01 Fire Dispatch Services 4. Time of the essence/Delivery Dates. Time is of the essence in the Contract. Contractor shall notify the Town as soon as it becomes aware that it cannot meet the agreed delivery dates for Goods or Services. In the event of a delay, Contractor shall, at no additional cost to the Town, employ accelerated measures such as premium transportation costs or labour overtime to ensure the Goods or Services are delivered on or before the revised delivery date. In the event a delay in delivery or a new delivery date proposed by Contractor is not acceptable to the Town, acting reasonably, in addition to any other rights and remedies that may be available to the Town at law, the Town may cancel the Contract without any Town liability whatsoever. 5. Shipping. Where applicable, and unless otherwise specified herein, Contractor shall ship the Goods Delivery Duty Paid (DDP-Incoterms, 2018) (equivalent to FOB Destination), to the place of destination specified by the Town in the Contract, using the most direct and economical means. A packing slip must accompany each shipment indicating the Town-issued purchase order number. Title to the Goods will pass to the Town upon acceptance by the Town as set out in these terms. In the event of loss or damage during shipping, Contractor shall be required to promptly ship replacement Goods, at Contractor’s cost. 6. Inspection and acceptance. The Town, or persons authorized by the Town, shall have the right, at all reasonable times and with prior notice of not less than one (1) business day, to inspect or otherwise review the Services performed, or being performed, and the premises where they are being performed to ensure compliance with the Contract requirements. In addition, the Town shall have ten (10) business days following receipt to inspect and accept the delivered Goods or Services prior to having any obligation to pay for such Goods or Services. Where the Town discovers defective or non-conforming Goods or Services, the Town may at its option and without prejudice to any other rights or remedies it may have hereunder or at law: (a) at Contractor’s expense, return Goods for a refund, credit, repair or replacement or (b) obtain a price reduction or re-performance of non-conforming Services at no charge to the Town. No payment shall be owed for the Goods or Services unless and until the Town has finally accepted the Good or Service or the period for inspection and acceptance has passed. 7. Prices and Price Increases. Unless otherwise specified in the Contract, all prices are in Canadian dollars and are the maximum prices to be charged for the Goods and Services. Any maintenance services and unique parts and consumable items required in connection with Goods and not listed in the Contract must be offered by Contractor at a price that is not higher than Contractor’s published prices at the time that the Contract is executed (where not published, then at commercially reasonable and competitive prices) and must not increase until completion of the project or, where the Contract is for a defined term, then for the term of the Contract. Where no Contract term is specified, then prices must not increase for at least the twelve (12) month period following the effective date of the Contract. Thereafter, such prices must not increase more than the percentage increase in the Canadian Consumer Price Index as published in the month prior to the beginning of subsequent twelve (12) month periods. 8. Timely Invoicing and Payment. Contractor must submit its invoices for payment within ninety (90) days following the Town’s acceptance of the Goods or Services. The Town shall not be liable to pay for invoices first issued after such period of time. Subject to the timely issuance of invoices in accordance Page 222 of 298 Page 3 of 31 OF-2020-01 Fire Dispatch Services with the Contract, payment for Goods and Services and properly invoiced will be made within thirty (30) days from the later of: (a) the Town’s receipt of a proper invoice or (b) acceptance of the Goods or Services in accordance with acceptance provisions of this agreement. Where applicable, a transportation bill of lading must be attached to each invoice. Invoices are to be submitted to the Town of Orangeville, 87 Broadway, Orangeville, Ontario L9W 1K1 the attention of Accounts Payable quoting the purchase order number provided by the Town. In the alternative to mailing an invoice, an electronic invoice may be submitted to an electronic address as may be provided by the Town for such purposes. Invoices must also include Contractor’s GST or HST and applicable PST registration numbers. Unless otherwise agreed, Contractor must complete the Town forms and other measures, as required, to enable payment by electronic funds transfer. The Town may withhold from, reduce or set-off against any amount due to Contractor, such sums as are reasonably necessary to cover non-performance, breach of warranty, indemnity or liability of Contractor in relation to the Contract. The Town is not liable for any Services performed or Goods delivered in excess of those required by the Contract unless expressly agreed in writing in advance. 9. Taxes. The prices set out in the Contract are exclusive of Canadian GST/HST and PST (if applicable) and inclusive of any other taxes, duties, fees (including brokerage fees) and levies that may be imposed on Contractor by Canadian law or a non-Canadian jurisdiction. Where any payments due under the Contract are subject to any Canadian legislated deduction, withholding or similar tax, the Town shall deduct or withhold the necessary amount unless Contractor provides proper documentation from a competent governmental authority relieving the Town of its withholding obligations prior to payment being made. The Town will not pay GST/HST or PST unless such taxes have been so identified on the invoices submitted to the Town by Contractor. Contractor’s invoices will not be returned or adjusted by the Town to correct errors or omissions in Contractor’s tax calculations or tax assumptions. 10. Warranty. Contractor represents and warrants that any Services will be performed in a diligent, good and workmanlike manner in accordance with an applicable schedule or committed delivery date, and of a quality at least equal to that generally accepted in the industry or profession for similar work (which includes providing deliverables reasonably free of formatting and typographical errors); that the Goods are not subject to economic sanctions, will be new and of current production and that, for a period of one (1) year or such longer warranty period as may be specified in the Contract, following the Town’s acceptance, the Goods will be merchantable, of satisfactory quality, free from defects in design, material and workmanship; and where applicable, will conform to and perform in accordance with specifications, drawings and samples accepted by the Town or included in the Contract. Goods or Services failing to comply with applicable warranties will be, at the Town’s option and at no charge to the Town: (i) returned for a full refund or credit of amounts paid by the Town for the defective Goods, (ii) repaired, (iii) replaced; (iv) re-performed by Contractor using alternate personnel if instructed by the Town or (v) rejected by the Town, at no cost or expense to the Town and with any shipping and transportation costs and risk of loss and damage in transit borne by Contractor. Repaired and replaced Goods or re-performed Services shall be warranted as set forth in this Section. The above warranties, together with any additional Contractor warranties, survive inspection, test, acceptance of and payment for the Goods or Services. Unless otherwise specified on the face of the Contract, if an additional warranty-related obligation (e.g. manufacturer’s warranty) sets a warranty time period or warranty standard that is not consistent with a warranty time period or warranty standard set out in this Section, Contractor shall comply with the longest time period and highest standard. For greater Page 223 of 298 Page 4 of 31 OF-2020-01 Fire Dispatch Services certainty, Contractor shall not be held responsible for delays outside the Contractor’s reasonable control or to the extent any delay is caused by the Town. 11. Change Orders. The Town or the Contractor may, at any time, propose a change to the SOW or to the Goods or Services outside the scope of the SOW provided that no changes to this Contract are valid unless made in writing and mutually agreed by the parties. Where a change is proposed, the party proposing the change shall submit a written change order request to the other party. If the change order request is accepted in writing by both parties, the additional or changed Goods or Services (as applicable) shall be supplied at the prices stipulated in the Contract or, where such prices are not listed, then at prices mutually agreed to in writing. For greater certainty, where no prices have been clearly agreed to in writing in connection with a change order, then the prices last agreed to in the Contract shall apply for purposes of calculating the cost of Goods or Services. 12. Working on Town Property; Clean-up; Storage of Contractor Materials. Contractor shall comply with all Town policies applicable to parties working on Town property; shall be responsible for any damage to Town property or equipment caused by Contractor personnel (including subcontractor personnel); and shall be responsible for cleanup of Contractor’s worksite and the proper disposal of materials, including without limitation packaging or waste. Contractor shall in all cases obtain a pre- approval in writing from the duly appointed Town representative prior to storing any Contractor materials, including equipment or tools, on Town property. Storage of Contractor material on Town property is at the Contractor’s sole and exclusive risk. The Town is not responsible for any damage to, or loss of, Contractor’s material while stored on Town property. Failure by the Contractor to remove and dispose of any Contractor materials within five (5) days of a Town request for removal shall result in Contractor being deemed to abandon such materials. The Town shall thereafter have the right to remove and dispose of such materials without further notice to Contractor, and Contractor shall indemnify and hold harmless the Town for all costs associated with such removal and disposal. 13. Termination. The Town may, at any time upon written notice to Contractor, cancel, terminate, suspend performance of, or issue a hold on, (collectively “Termination”) the Contract, in whole or in part, for any reason including (a) for cause or (b) for the Town’s convenience, provided that a termination for convenience notice must be sent at least twelve (12) months in advance of the effective date of termination. If the Town cancels or terminates the Contract for convenience, all work completed by Contractor to the satisfaction of the Town, and all authorized work in progress as of the termination date will be paid for by the Town in accordance with the provisions of the Contract. The Contractor will not be entitled to payment for work completed or authorized work in progress if the Town suspends performance of or issues a hold on the Contract unless and until the Town cancels or terminates the Contract for the Town’s convenience. Upon a termination or cancellation for convenience, any work-in- progress shall be paid on the basis of Contractor’s costs incurred in the preparation of such work-in- progress to the date of termination, subject to Contractor providing reasonable evidence of such costs. The Town shall in no event be liable to pay a total amount exceeding the Contract value. The Town will have no further liability or obligation whatsoever to Contractor for any Termination. Any breach of the Contract by Contractor will entitle the Town to immediately cancel or terminate the Contract without liability to the Contractor whatsoever and without any prejudice to the other rights and remedies the Town may have. Without limiting the generality of the foregoing, in the event of a Termination for cause, the Town shall have the right to appoint a third party to complete the Services or supply the remaining Goods and Contractor shall be liable for the additional costs incurred by the Town in connection with such re-procurement and for the completion of work. Page 224 of 298 Page 5 of 31 OF-2020-01 Fire Dispatch Services 14. Governing Law and Competent Court. The construction, interpretation and performance of the Contract are governed by the applicable laws of the Province of Ontario and Canada, without regard to conflicts of laws principles. The parties expressly exclude application of the United Nations Convention on Contracts for the International Sale of Goods. Any and all disputes between the Town and Contractor that ensue from the Contract will be submitted to a competent court of the Province of Ontario, without prejudice to the Town’s right to submit a dispute to the court that would be competent absent this clause. 15. Liability and Insurance. Each party agrees it is responsible to any third party for injury or losses that the third party may suffer to the extent such party to the Contract, or its employees, agents or subcontractors, caused them. Contractor is liable to the Town only for (a) all damages and costs (including legal fees) resulting from claims of intellectual property infringement; (b) all damages and costs (including legal fees) for personal injury, including death, caused by Contractor, its employees, agents or subcontractors (collectively “Contractor and Assigns”) (c) all direct damages for loss of or physical harm to tangible property and real property caused by Contractor and Assigns; (d) all damages and costs (including legal fees) for breach of confidentiality and (e) any other direct damages caused by Contractor and Assigns in relation to the Contract, including re-procurement costs incurred by the Town, up to a maximum for this Section (e) of the greater of: (i) one million dollars (CDN$1,000,000) or (ii) the highest limit of insurance coverage to be maintained by the Contractor as specified in the Contract. Contractor shall not be liable to the Town for special, indirect or consequential damages except in relation to (a), (b), and (d) above. Contractor shall defend the Town at Contractor’s cost where the Town requests but shall not enter into any settlements admitting any Town liability without the Town’s prior written consent. Contractor agrees to furnish, upon request by the Town, evidence of comprehensive general liability insurance with limits of ONE MILLION (CDN$1,000,000) DOLLARS or, if applicable, the higher limits specified elsewhere in the Contract. All insurance policies must name the Town as an additional insured. IN NO EVENT SHALL THE TOWN BE LIABLE TO CONTRACTOR FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS, LOST PRODUCTION OR PROFITS, LOST OPPORTUNITY, EXPENSES OR DAMAGES INCLUDING WITHOUT LIMITATION LITIGATION COSTS ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES. IN NO EVENT SHALL THE TOWN’S LIABILITY EXCEED (A) THE DOLLAR VALUE OF THE CONTRACT OR (B) WHERE NO DOLLAR VALUE MAY BE CALCULATED, THEN THE DOLLAR VALUE IS THE AMOUNT PAID (AND PAYABLE) BY THE TOWN TO THE CONTRACTOR IN THE TWELVE MONTHS PRECEDING THE DATE OF THE INCIDENT FIRST GIVING RISE TO THE CLAIM. 16. Intellectual Property. In exchange for the consideration provided to Contractor hereunder, the Town will: (i) have free title to and all ownership interest in the Goods or Services (which, for greater certainty, includes all deliverables) delivered; (ii) own all intellectual property rights in any documents, software or other information developed for the Town pursuant to this contract and delivered hereunder except for pre-existing software or pre-existing Contractor or third party proprietary materials contributed by the Contractor (together, such pre-existing software and materials are the “Pre-Existing Materials”.) The Town is hereby granted a perpetual, paid-up, royalty free, irrevocable license to such Pre-Existing Materials to the fullest extent required by the Town to make use of the Goods and Services for the Town’s internal purposes and for any additional purpose as may be expressly contemplated by this contract. Contractor agrees to execute any assignment, conveyance or any other assurance necessary to give effect to this Section and shall ensure that the Town has Page 225 of 298 Page 6 of 31 OF-2020-01 Fire Dispatch Services supporting technical documentation and a license to all Pre-Existing Materials delivered by Contractor hereunder sufficient to allow the Town to have the intended use of the Goods and Services (including all deliverables). 17. Town Property, Confidentiality, Privacy and Publicity. All specifications, drawings, patterns, samples and other information furnished to Contractor by the Town in connection with the Contract will be used solely for the purpose of carrying out the work and for no other purpose; will remain the property of the Town; and be returned or destroyed at the Town’s request at the expense of Contractor. This Contract and information issued, used or disclosed in connection with the work are confidential and may be classified as to the degree of precaution necessary for their safeguarding. Contractor shall at all times take all measures reasonably necessary, including those set out in any instructions issued by the Town, for the protection of same. Contractor shall not use the Town’s name in any public statement or publicize the fact the parties are doing business, without the prior written consent of the Town. Contractor agrees that, unless otherwise agreed in writing by the Town, all personal and security sensitive information disclosed by the Town, or managed, accessed, collected, used, retained, created or disposed of in order to fulfill the requirements of the Contract will at all times be stored on segregated, stand-alone information systems in Canada. 18. Contractor Records and Audits. Contractor shall keep proper accounts and records of costs and expenditures in connection with the Contract including paid invoices for a period of seven (7) years following the expiration or termination of the Contract and shall make them available to the Town upon request, for audit and inspection at any time. Where such audit or inspection discloses an overpayment by the Town, the Town shall have a right to set-off the amount of such overpayment against future Contractor invoices issued pursuant to this or any other Contract and, to the extent that the Town’s right of set-off is not exercised or not adequate to cover such overpayment, Contractor shall be responsible for repaying such overpayment. 19. Freedom of Information and Privacy Legislation. Proponents to be aware that all information distributed and collected with respect to the procurement process is subject to the Municipal Freedom of Information and Protection of Privacy Act, RSO, 1990 or any other applicable information or privacy legislation. Notwithstanding any term to the contrary, the Town will comply with the legal disclosure requirements as to any information relating to this Contract. 20. Subcontracting. Contractor may subcontract portions of the work pursuant to this Contract provided that Contractor shall be liable for its subcontractors’ compliance with the Contract. Where Contractor engages subconsultants to provide specialized services that Contractor, Contractor may only add a markup of not more than 5% of the cost of such subcontracted services to cover office administration costs when claiming reimbursement from the Town. 21. Notices. Each party shall deliver notices, requests, consents, claims, demands, waivers and other communications under this Contract in writing and addressed to the other party at the addresses set forth on the first page of this Contract (or to such other address that may be designated by the receiving party from time to time in accordance with this section). Each party shall deliver notices by personal delivery, regular mail, nationally recognized overnight courier (with all fees prepaid), facsimile or email. Notices shall be deemed received on the date of delivery by hand; seven (7) days following posting in regular mail; upon confirmed delivery by the courier service; and, if by fax or email, where the recipient party confirms by whatever means that it has received the notice. Page 226 of 298 Page 7 of 31 OF-2020-01 Fire Dispatch Services 22. Miscellaneous. Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt by the receiving party and (b) if the party giving the Notice has complied with the requirements of this section. Contractor is an independent contractor and not an agent or employee of the Town. Contractor shall at all times comply with applicable laws. Nothing in this Contract grants Contractor the right to exclusively provide the Goods or Services. The Town shall at any time have the right to engage alternate or supplemental parties to perform the same or similar Services or provide the Goods at any time. Any delay by the Town in the exercise of any right or remedy provided herein shall in no event be deemed to be a waiver of such right or remedy. To be valid, any waiver by the Town must be made in writing expressly referencing the Contract. A valid waiver of any right or remedy herein will in no event be deemed to (i) constitute a waiver of such right or remedy arising in the future or (ii) operate as a waiver of any other right or remedy. If any provision of the Contract is held to be invalid or unenforceable by a judicial or regulatory authority, the meaning of such provision shall be construed, to the extent feasible, so as to render the provision enforceable. If no feasible interpretation would save the provision, it shall be severed, and the remainder shall not be affected and shall be enforced as nearly as possible according to its original terms and intent. The Town may assign its rights and obligations under the Contract without requiring any notice to or consent from Contractor. Contractor may not assign or transfer any right or obligations hereunder without the prior written consent of the Town. A copy or electronic version of this document will have the same force and effect as the original document. Les parties ont accepté que ce document soit rédigé en anglais. The parties have agreed that this document be prepared in the English language. IN WITNESS WHEREOF, this Contract has been executed by the undersigned authorized representatives. Town of Orangeville Town of Tillsonburg Name: ______________________________ Name: ________________________________ Title: _______________________________ Title: __________________________________ Signature: ___________________________ Signature: ______________________________ Date: _______________________________ Date: _________________________________ ATTACHMENTS: Schedule “A” (Scope of Work) (the “SOW”) Schedule “B” (Basis of Payment) Schedule “C” the Town RFP OF-2020-01, including (i) all Addenda (which, for greater certainty, shall supersede the contents of the RFP) and (ii) all documents incorporated by reference into the RFP; Schedule “D” the Contractor’s proposal dated March 5, 2020, submitted in response to the above- noted RFP. Schedule “E” General Liability Insurance and WSIB certificates Schedule “F” Town of Orangeville Health and Safety Policy Page 227 of 298 Page 8 of 31 OF-2020-01 Fire Dispatch Services Schedule A – Scope of Work INTRODUCTION The Orangeville Fire Service is located in The Town of Orangeville which a community of approximately 29,000 people and is located at the northwest edge of the GTA, approximately one hour north of Toronto and in the heart of southwestern Ontario. The Town of Orangeville is seeking proposals for agencies to provide full call taking and dispatching services to our municipality. TERM OF AGREEMENT OF SERVICE The successful Proponent will be required to enter into an Agreement (the “Contract”) with the Town of Orangeville for the provision of the Deliverables as stated in this RFP. It is Town of Orangeville’s intention to enter into the Form of Agreement based on that described in this document and in the form attached with only one (1) legal entity. The contract is effective as of the Effective Date specified on the first page of the contract and will have a term of three (3) years. The parties may, upon mutual written agreement, renew the contract for up to two (2) separate and additional one (1) year periods. CONTRACT RENEWAL – DISCUSSIONS TO COMMENCE BY MARCH 1, 2022 The negotiation of a renewal shall commence not later than March 1, 2022. The parties shall use reasonable efforts to reach mutual agreement on the renewal by not later than April 30, 2022. Where the parties have not mutually agreed on a renewal of the Contract April 30, 2022, and renewal discussions are ongoing, subject to a written agreement to the contrary, the Contract shall be deemed to be extended for the period of time beyond April 30, 2022 it takes the parties to reach a decision on the renewal, or non-renewal, as the case may be. For example, if a party notifies the other on May 31, 2022, that it has elected not to renew this Contract, then the Contract shall be deemed to expire 12 months as of the date of that notice, on May 30, 2023, regardless of the original Contract expiration date. This deemed extension is intended to provide each party at least 12 months prior notice of a termination or expiration of this Contract. The work will commence immediately following the receipt of the fully executed contract from the Town. The Contractor is expected to begin to acquire, install, test, and commission all equipment on or around May 25, 2020 or other later date as mutually agreed, in order for fully operational Fire Dispatch Services to commence at the latest, on August1, 2020 at 12:00:01 a.m., or at a mutually agreeable time. All costs associated with set-up, testing and commissioning of equipment will be born solely by the Contractor and is included in the prices. NO GUARANTEE OF VOLUME OF WORK OR EXCLUSIVITY OF CONTRACT The Town of Orangeville makes no guarantee of the value or volume of work to be assigned to the successful bidder. The Agreement executed with the selected Proponent will not be an exclusive contract for the provision of the described Deliverables. The Town of Orangeville may contract with others for the same or similar Deliverables to those described in this RFP or may obtain the same or similar Deliverables internally. Page 228 of 298 Page 9 of 31 OF-2020-01 Fire Dispatch Services SUBCONTRACTED PROPONENTS Any and all persons who are identified in a Proposal as sharing responsibility related to the fulfilment of the RFP requirements or the provision of the Deliverables, shall be considered Subcontractors for the purpose of the Agreement and, as such, the Successful Proponent assumes full responsibility and liability for the Subcontractors as set out in the Agreement attached to this RFP. SERVICES SPECIFICATIONS The primary objective for the Town of Orangeville in issuing this RFP is to receive proposals for primary fire dispatch / control services. Properly supplying this service will require an organization with sufficient staff, facilities, and electronic equipment to accommodate the demands and responsibilities of answering emergency calls, dispatching appropriate fire department resources and acting as control for the entirety of each incident. The service is operated out of one station located at 10 Dawson Road, and has a suppression staff of 20 full time firefighters, and 28 volunteer firefighters. A total of six frontline fire apparatus and five senior staff SUV’s are operated out of this station. In 2019, we responded to 1761 calls, of these calls 80% are covered by a single apparatus response by our full-time suppression staff, and the remaining 20% would be toned out to our volunteers. Our service provides suppression and prevention services under a Municipal Contract to portions of Town of Mono, Township of East Garafraxa and Township of Amaranth. Orangeville is situated within Dufferin County, and is mutual aid partners with Shelburne, Grand Valley, Rosemont and Mulmur-Melancthon Fire Departments. Other mutual aid partners outside of Orangeville include the Town of Caledon and Town of Erin. Page 229 of 298 Page 10 of 31 OF-2020-01 Fire Dispatch Services Current Radio & Reporting Infrastructure: The Orangeville Fire Service currently uses a Motorola P25 Digital Communication System consisting of 39 portable radios and 14 mobile radios for in truck and in station communications. It is anticipated in the year 2020/2021, that the current mobile and portable radios will be upgraded, as the current systems will have reached end of life. Our current paging system consists of Motorola Minitor VI pagers which operate on an analogue frequency. Orangeville Fire has the capability of paging from our station as an emergency backup. Communication Towers are currently positioned at the Orangeville Fire Station and at the water tower located in the western area of town. Orangeville Fire maintains an alternate phone number provided to external alarm monitoring agencies, and may be utilized in non-emergency situations. Our current 911 Central Emergency Reporting Bureau is Northern 911. Our current reporting records management system software is managed through FP2 (FirePro). The successful Proponent shall commence, managing and operating a professional and efficient fire dispatch/ communications service at the latest, on July, 15, 2020 at 12:00:01 a.m., or at a mutually agreeable time. Prior to this date, the successful service provider shall acquire, install, test, and commission all equipment required to fully operate an approved fire dispatch service and shall employ and train sufficient staff to provide this service on a 24 hours per day basis, for the duration of the contract. The successful communications centre Proponent shall be responsible to take all necessary steps to ensure compatibility with Orangeville Fire's radio equipment and frequencies. All costs associated with integrating radio systems, testing and commissioning of radio equipment shall be born exclusively by the successful Proponent. Services to be provided by the dispatch/control centre shall include, but not be limited to: a. communications between the public and the communications centre b. communications between the communications centre and Orangeville Fire personnel c. communications between the Orangeville Fire and outside agencies d. support to Orangeville Fire personnel at emergency and non-emergency incidents as requested and required e. creation and maintenance of a general email address for non-emergency communications between Orangeville Fire staff and dispatch All telecommunicators shall be trained in general fire service operations and shall have access to information regarding the following: a. locations of streets, roads and highways b. locations of high life hazard structures c. locations of congested or hazardous areas Page 230 of 298 Page 11 of 31 OF-2020-01 Fire Dispatch Services All telecommunicators shall meet the job performance requirements for Public Safety Telecommunicator II, as defined by the National Fire Protection Association (NFPA) 1061, and have knowledge of all communications equipment and systems. The certified agency shall provide sufficient staffing, facilities and telecommunications equipment to meet the demands and responsibilities of answering, call taking and dispatching emergency calls. i. Respond to 911 calls and non-emergency calls with respect to Orangeville Fire Service coverage area. ii. Alert the Orangeville Fire Service full time crew of emergency calls as well as paging out of the volunteer staff when required. iii. Communicate with the Orangeville Fire Service under both emergency and non-emergency conditions. a. During a significant event please describe your process in insuring that Orangeville Fire has a dedicated communicator throughout the event to ensure the health and safety of firefighters. iv. Communicate with the Orangeville Fire Service at the request of mutual aid from other area fire services. v. Communicate with other agencies or mutual aid partners during an emergency as requested by Orangeville Fire Service Incident Commander. vi. Provide information, data and other resources during emergencies. vii. Maintain and report on all dispatched calls according to Ontario regulations. viii. Maintain and update GIS, mapping and road infrastructure into CAD system. ix. The provider shall supply voice-logging services of all telephone and radio transmissions. x. The dispatch software supports file-based incident data transfer, or records management system access to our administration. xi. The agency must adhere to proper fire communication terminology and recognized benchmarks utilized in standard communications and May Day situations. xii. Describe your process in conducting daily pager tests, and weekly radio tests. The responsibilities mentioned will be subject to a management meeting between the communications centre and Orangeville Fire Service management to establish the SOG’s/SOP’s for response and communication protocols. Compliancy to NFPA Standards: a. Provide documentation identifying how your proposal is compliant with, NFPA 1061: Standard for Professional Qualifications for Public Safety Telecommunicators and compliant with NFPA 1221: Installation, Maintenance and use of Emergency Services Communications Systems. Page 231 of 298 Page 12 of 31 OF-2020-01 Fire Dispatch Services b. Proponents who are unable to provide documentation proving complete compliance with the NFPA standards referenced above should identify in their proposal the extent to which they are currently compliant, and what strategies and programs have been established or will be established to achieve compliance; include timelines and target dates with your proposal. Methodology, Work Plan, Schedule and Equipment a. Describe your methodology of call intake to dispatch or emergency apparatus and crews. b. Provide detailed information regarding the existing dispatching equipment utilized by the telecommunicators, describing the extent of computer aided dispatching (CAD) equipment and current capabilities. Explain your preparedness for technical advancements or plans of providing future government requirements concerning 911/emergency communications. c. Provide details of the alternative communications facility, and how this facility, when staffed, can perform the emergency functions of the primary communications centre. This facility shall be separated geographically from the primary communications centre. Confirm that a comprehensive emergency management plan has been created and implemented. a. Describe the record keeping procedures for both voice and data records. Describe how the system(s) work, how copies are obtained (include time frame for supply), what media format(s) is available, record retention policy(ies) are in place, and what equipment or systems are recorded. Data or recordings relevant to an investigation must be maintained until the conclusion of the investigation regardless of existing record retention policies. Incident logs and recordings are to be maintained for a minimum period of seven (7) years from date of incident. b. The Orangeville Fire will provide the successful Proponent with data regarding apparatus running orders. Describe how this information is to be stored, and how the telecommunicators can access this data. Describe how communications will be transmitted between the communications centre and Orangeville Fire's pagers/portable radios/mobile radios including texting and email capabilities. g. Describe the process in which radio repair technicians are authorized to work within the communications facility. h. Include a training proposal for telecommunicators. i. Provide a quality assurance program to ensure the consistency and effectiveness of alarm processing. As part of the quality assurance program, include a policy that provides for the appropriate transfer of information when a telecommunicator is relieved. j. Describe the process that takes place when a new directive is introduced by Orangeville Fire for the telecommunicators. Include steps that will be taken by the Proponent to ensure that new directives are fully and completely implemented. k. Provide details of how the Proponent will work with Orangeville Fire to create/ implement the communications centre's SOG's & SOP's. l. Identify how the Proponent will staff the communications centre at an appropriate level to handle day to day operations, and the anticipated emergency and non-emergency call volume. - Examples are burn complaints, alarm company testing, and non-emergency inquiries m. Identify the planned process for switching Orangeville Fire dispatching services from existing service provider, as set out in Section 3.5.1 of this RFP. Page 232 of 298 Page 13 of 31 OF-2020-01 Fire Dispatch Services n. Include timelines for implementing RFP requirements and establishing a communications centre capable of dispatching for the Orangeville Fire on July 15, 2020 at 12:00:01 a.m. ADDITIONAL GOODS OR SERVICES The Town may, from time to time, engage the Contractor to supply additional goods or services during the term of the Contract. Additional goods or services shall be as described in an amendment to the Contract, a change order or a purchase order and shall be billed at prices that do not exceed the prices in the Contract. SERVICE LEVEL AGREEMENT Service quality and timeliness are of important to the Town in the conduct of the Services. a) Responsiveness - All communications from the Town must be acknowledged by Contractor personnel within 1 business day of Contractor’s receipt. b) Timelines to be Consistently Met – All committed timelines must be consistently met. The Contractor must notify the Town as soon as it discovers it will not meet a committed timeline. c) Quality of Work – All final deliverables should be free of typographical errors and arrived signed and on time to the Town’s representative. Should there be a repeated failure to meet the service levels set out herein, the Town will issue a formal warning notice to Contractor describing the incidents giving rise to the warning notice. If the Contractor fails to rectify the poor service levels following receipt of the warning notice to the Town’s satisfaction, the Town may exercise its rights of termination pursuant to the Contract. ANNUAL BUSINESS REVIEW MEETINGS Executive level representatives shall meet in person at least annually and at such other times as reasonably requested by the Town, to review matters pertaining to the Contract and discuss Contract performance and other matters relating to the working relationship. At least two (2) weeks before the scheduled date for each executive management meeting, the Contractor will, in consultation with the Town Contract Representative, prepare and send an agenda which will set out the issues to be covered at such meeting. Meetings may be held in person, by phone or by any other mutually acceptable electronic means that allow the Parties to effectively communicate. TOWN CONTRACT REPRESENTATIVE The Town’s representative for all matters concerning this Contract and the services shall be: Ronald Morden, Fire Chief Orangeville Fire, Community Services Department 519-941-3083 Ext. 6525 rmorden@orangeville.ca TOWN’S CONTRACTOR HEALTH AND SAFETY AGREEMENT The Contractor must receive, review and sign the Town’s contractor’s health and safety agreement (“Contractor’s Health and Safety Agreement”) as contractors must submit a completed Contractor’s Health and Safety Agreement and checklist prior to commencing the Services. Once executed, the Health and Safety Agreement shall be deemed to be incorporated as a schedule to the Contract. Page 233 of 298 Page 14 of 31 OF-2020-01 Fire Dispatch Services INSURANCE REQUIREMENTS Contractor must demonstrate and provide evidence of the following insurance: a) Commercial General Liability Insurance in an amount not less than $1,000,000 per occurrence, $5,000,000 General Aggregate, $5,000,000 Products and Completed Operations Aggregate, and $1,000,000 Personal & Advertising Injury. b) Umbrella/Excess Liability Insurance providing additional limits of $5,000,000 per occurrence and $5,000,000 in the aggregate over the Employers Liability, Automobile Liability and Commercial General Liability policies required herein. c) Employers’ Liability Insurance with limits of $1,000,000 per Accident/$1,000,000 per Disease/$1,000,000 Disease Policy Limit. Where permitted by law, such insurance shall contain waivers of the insurer’s right of subrogation against the Town, its officers and employees. d) Errors and Omissions Insurance/Professional Liability Insurance covering negligent acts, errors or omissions arising out of the rendering of or failure to render professional and other advisory services as contracted under this Agreement, whether committed or alleged to have been committed by Contractor or by its employees, suppliers or others for whom the Contractor is legally responsible with minimum limits of $1,000,000 each claim, $3,000,000 aggregate. To the extent that Contractor contracts with representatives or agents that provide professional services under this Agreement, this requirement may be fulfilled by Contractor’s requirement of those agents or representatives to meet this same criterion, and by provision of evidence of representative or agent insurance coverage to the Town upon request. Certificate of Insurance: Contractor shall furnish certificates of insurance acceptable to the Town prior to execution of the contract and in any event prior to the earlier of the purchase of any Good or the commencement of any Services, and thereafter, not less than ten (10) days prior to any expiration or renewal date. All insurance policies will be written by a company authorized to do business in Ontario and with an A.M. Best Rating of A-: VII or better. In no event will the coverage or limits of any insurance maintained by Contractor under this section or the lack or unavailability of any other insurance, limit or diminish in any way Contractor’s obligations or liability to the Town under this Agreement. Any acceptance of insurance certificates by the Town shall not limit or relieve Contractor of the duties and responsibilities assumed by it under this Agreement. Additional Insureds: The Commercial General Liability Insurance maintained by Contractor pursuant to this Agreement shall be endorsed to name the Town, its officers and employees as additional insureds. It is agreed that the insurance afforded such additional insureds shall apply as primary insurance and that any other insurance carried by the Town shall be excess only and shall not contribute with this insurance. Workplace Safety and Insurance Board To the extent that the Workplace Safety and Insurance Act S.O. 1997 c. 16 Schedule A, as amended, applies to the Deliverables and whether a Contract refers to manufactured items or to work, the Proponent warrants and agrees that it has complied and will comply with applicable workplace safety and insurance laws and regulations. The Proponent shall provide the Town contact with a copy of a Certificate of Clearance indicating the Proponent’s good standing with the Workplace Safety and Page 234 of 298 Page 15 of 31 OF-2020-01 Fire Dispatch Services Insurance Board immediately prior to the Town signing the Contract and at any other time when requested by the Town. Page 235 of 298 Page 16 of 31 OF-2020-01 Fire Dispatch Services Schedule B – Basis of Payment Fee Schedule – Installation and Initial Term Installation (1) Year 1(2)(3) Year 2(3) Year 3(3) Price 38,420 67,000 67,000 67,000 (1) The installation fee may only be invoiced upon Contractor’s receipt of the Town’s written acceptance of the service installation. (2) Year 1 annual fee will be prorated based on the number of days left following the Town’s acceptance of the service. (3) Amounts shall be paid in equal monthly instalments, in arrears, and may start being invoiced following the acceptance of the installation, starting on the commencement of the first calendar month following acceptance. (Amounts for the first and last months may be prorated as appropriate to reflect partial months.) (4) All amounts shown are exclusive of applicable taxes. Payment Terms and Conditions 1. The prices shall be fixed for the initial 3-year term of the contract. Thereafter, the yearly costs / pricing will remain the same, but in each year, will be subject to an annual price adjustment based on the changes to the CPI (All Items) for Canada, as published by Statistic Canada, in the immediately preceding 12-month period. 2. Except as expressly stated, the prices are firm, all-inclusive rates including all labour, materials, photocopies, telephone charges, overhead, profit, taxes and all other costs associated with providing all the work, goods and materials, and carrying out the activities outlined in the Scope of Work and the Contract. 3. Invoicing for Additional Goods or Services. 3.2 Contractor may only invoice for additional goods or services that are approved by the Town pursuant to a written Town purchase order, contract amendment or a Town-approved change order. Invoicing for additional goods or services shall be based on the prices specified in the Contract. Invoices for additional goods or services shall be issued monthly for services performed in the prior month and must detail, at minimum, the name of the person, description of services, date on which a task was performed, description of the task and time spent performing the task of the particular date. Invoices for goods may be issued following inspection and the Town’s acceptance of the goods. 3.3 The Contractor represents and warrants and shall represent and warrant at all times during the term of the Contract, that the hourly rates or unit prices charged for any additional goods or services ordered shall be not higher than the rates charged to Contractor’s other public-sector customers for similar services. The Town reserves the right to audit Contractor’s relevant records to verify compliance with this requirement at any time during the term of the Contract. Page 236 of 298 Page 17 of 31 OF-2020-01 Fire Dispatch Services Should the Town determine, as a result of such audit, that prices charged are higher than the prices otherwise charged to other customers, the prices listed in the Contract shall be lowered accordingly and the Town shall be entitled to receive, at its option, a refund on overcharged amounts or a credit for the overcharged amounts that will be applied to the next applicable invoice. Page 237 of 298 Page 18 of 31 OF-2020-01 Fire Dispatch Services Schedule “A” Company Profile and Experience Tillsonburg Fire and Rescue Services started with the dispatching of the local police and fire service more than sixty years ago. The Communications centre moved to the Fire Station in 2008, and commenced with dispatching additional Fire Departments. Currently, the Town of Tillsonburg provides fire communications service for seventeen (17) Fire Departments which includes twenty nine (29) Fire Stations. In total, our fire communicators provide fire communications services for a combined population of over 225,356. We currently staff ten (10) Fire Communicators who are all IFSAC certified Public Safety Telecommunicators Level I and II (NFPA 1061 Standard 2014 Edition). This includes a FireComm Manager in Fire Communications Monday to Friday from 08:00 hours (8am) and to 17:00 hours (5 pm), in addition to an on duty Communicator. If we obtained this contract we would be hiring additional Fire Communicators to accommodate two (2) Communicators on duty twenty four seven (24/7) which would also include the manager Monday to Friday. Relevant Experience Customer Name: The Township of Elgin County Term(#years): Agreement with Elgin County which commenced in 2008 Description of Work 7 Municipalities with a total of 16 Stations Population: 50,069 Average Incidents: Average of 1800 Incidents per year Incident Breakdown 2019: Rescue – 356, Suppression – 493, Medical - 913 Relevant Experience Customer Name: The Town of Ingersoll Term(#years): Agreement with Elgin County which commenced in 2013 Description of Work: 1 Station Population: 12,587 Average Incidents: 225 Incident Breakdown 2019: Rescue – 13, Suppression- 159, Medical - 26 Relevant Experience Reference Name: The Municipality of Kincardine Term(#years): Agreement with Kincardine which commenced in 2014 Description of Work: 2 Stations Population: 11,174 Average Incidents: 250 Incident Breakdown 2019: Rescue – 45, Suppression- 148, Medical - 32 Fire Comm 2019 Total Incident Volume Fire Station: 29 Stations 2019 – 3168 Incidents Dispatched Population: 225,356 Incident Breakdown 2019: Rescue – 531, Suppression – 1,097 , Medical – 1,540 Page 238 of 298 Page 19 of 31 OF-2020-01 Fire Dispatch Services In 2019, Tillsonburg Fire Communications processed 22,930 calls, of which 3,477 were emergency incidents. In 2019, percent (98%) of emergency alarms were answered in (15) seconds or less, and percent (2%) of emergency alarms were answered in (40) seconds or less. In 2019, percent (94%) of emergency alarm processing was completed in (60) seconds or less, and percent (99%) of emergency alarm processing was completed in (90) seconds or less. In 2018, Tillsonburg Fire Communications processed 18,406 calls, of which 3,232 were emergency incidents. In 2018, percent (99%) of emergency alarms were answered in (15) seconds or less, and percent (1%) of emergency alarms were answered in (40) seconds or less. In 2018, percent (98%) of emergency alarm processing was completed in (60) seconds or less, and percent (96%) of emergency alarm processing was completed in (90) seconds or less. In 2017, Tillsonburg Fire Communications processed 15,878 calls, of which 2,753 were emergency incidents. In 2017, percent (99%) of emergency alarms were answered in (15) seconds or less, and percent (1%) of emergency alarms were answered in (40) seconds or less. In 2017, percent (95%) of emergency alarm processing was completed in (60) seconds or less, and percent (95%) of emergency alarm processing was completed in (90) seconds or less. Scope of Service Should it be required, Tillsonburg Fire Communications will be responsible for all federal communications licensing application(s) and will work with Industry Canada to modify existing licensing. As the licences currently exist, no Industry Canada issues are anticipated. Tillsonburg Fire Communications will supply, install, test and commission all vendor components required for the receipt of The Corporation of the Town of Orangeville communications at the Tillsonburg Fire Communications centre. This testing will be conducted periodically between the agreement sign date and April 15, 2020. The service provider currently has all of the equipment required to operate an approved Fire Dispatch Service, including a fully functional Computer Aided Dispatch (CAD) operated by professionally trained staff members. Tillsonburg Fire Communications will work with The Corporation of the Town of Orangeville to develop call type specific run sheets to meet their needs. The mapping areas and the call run- sheets will be tested and commissioned prior to commencing dispatching duties. The proposed connectivity from Tillsonburg Fire Communications to The Corporation of the Town of Orangeville will be through the local radio system transmitting over the Simulcast system. For redundancy in case of any radio failures at the main dispatch centre, we will have a full back up located at the back up location at 10 Lisgar Avenue. The Tillsonburg Fire Communications Alternate dispatch location will use the redundant AVTEC IP Console. The Service Provider anticipates that once we receive the GIS mapping data the Town of Orangeville, we will be easily able to continually update the GIS mapping. The Service Provider and the Agent take no responsibility with respect to the quality of the data received. Page 239 of 298 Page 20 of 31 OF-2020-01 Fire Dispatch Services It is a core value of Tillsonburg Fire Communications to provide a work environment that fosters and encourages continuing education and professional development for the Fire Service Communicators. It is the Service Provider’s written policy that fire communicators answer radio and telephone calls within 15 seconds 95% of the time and 99% of the calls to be answered with 40 seconds. In 2019, Tillsonburg Fire Communications’ average “hook” time was seven (7) seconds. The average dispatch time in 2019 was fourty three (43) seconds. These time requirements are outlined within our SOG 1106, Maximum Time Parameters and Reporting. This policy establishes the necessity to be alert for incoming calls throughout the work shift. Reference can also be made to SOG 1107, Emergency Call Taking and SOG 1108, Radio Procedures and Dispatching. The service provider agrees to supply to the customer a Quality Assurance Programs outlined in SOG 1105. This guideline ensures smooth, professional service that meets guidelines, standards and best practices. The program outlines the review of data and the ability of customers to promote issues, which require resolution or clarification in order to foster continual quality improvement of our service. The service provider agrees to provide to the customer a seamless transmission of information once the information is received from the Primary Public Safety Answering Point (PPSAP) until the time an emergency is terminated by the incident commander according to the time targets specified within NFPA 1221. The radio communications systems, telecommunications systems, CAD systems, redundancies and back-up capabilities currently in use at Tillsonburg Fire Communications centre and the alternate communications site meet the requirements of NFPA 1221: Installation, Maintenance and Use of Emergency Services Communications Systems. Prior to commencing dispatching duties, Tillsonburg Fire Communications will make arrangements with the 9-1-1 Service Provider (Bell Canada) to deliver 9-1-1 calls for fire service (voice and data) to the PSAP (Public Safety Answer Point) Tillsonburg Fire on the mutually agreed upon date. Tillsonburg Fire Communications will arrange 9-1-1 test calls post cut over to ensure the successful delivery of both voice and data to all Tillsonburg Fire Communication systems. It should be noted; that a change of PSAP falls under the CRTC Canadian industry recommended activity minimum notification timelines whereby the 9-1-1 Service Provider (Bell Canada) must provide at least 45 days’ notice to all telephone service companies that are providing service within the particular municipal area. For this reason, the effective date of change must be Mon-Fri during normal business hours (8am - 5pm) and excluding statutory holidays. Tillsonburg Fire Communications is currently working with Bell Canada on the implementation of all NG911 requirements before the June 2028 change over. This process will be on going, and will be shared with all Communication customers transparently as this process moves along. The communications system is maintained by contract with BearCom Communications. A 24/7 service agreement with this company gives priority to our system. At any point in time if there are systems issues, a Standard Operating Guideline is to be followed by the Fire Communicator. All SOG’s relating to the provision of services to The Corporation of the Town of Orangeville will be provided to The Corporation of the Town of Orangeville for review and comment prior to implementation of service delivery. All parties affected by system maintenance and/or upgrades shall have prior notification when possible. Any changes that will affect service delivery shall be brought forward to a scheduled meeting with the Customer. Tillsonburg Fire Communications has utilized the services of BearCom formerly known as Page 240 of 298 Page 21 of 31 OF-2020-01 Fire Dispatch Services Spectrum Communications for twenty (20) years and it has been our experience that radio system issues are dealt with in an efficient and professional manner. The Service Provider operates two primary public safety communications consoles. The communications pod is contained within a secure area of the building. The building is equipped with automatic transfer emergency generator. These two consoles are identical and are both capable of handling numerous calls simultaneously. The Service Provider operates a third fire communications console at a remote location within our municipal Customer Service Centre (CSC), 10 Lisgar Ave, within the Town of Tillsonburg. In addition to these live consoles we can utilize the training console in our training room adjacent to FireComm in the case of an emergency situation that would need an additional live CAD. Tillsonburg Fire Communications has just replaced all their consoles with a new, Ip based digital mission critical console and digital telephone/radio voice recorder system in 2018. Throughout an event, all information is logged on the CAD system by the communicator and all telecommunications are captured on a digital voice recorder. At the completion of the event, detailed incident report information is electronically transmitted to the customer either directly from the CAD system to the Ingenious Records Management System server (FirePro2) or via Portable Document Format (PDF) for customers who do not utilize an electronic records management system. Tillsonburg Fire Communications also has the ability to export incident reports to alternate records management systems (Firehouse records management system, for example). All CAD data records are also stored within the central dispatch server. This server has regular updates. All dispatching information contained within the CAD system, including mapping, run sheets, etc., is maintained in hard copy as an instantaneous backup should a catastrophic failure of the CAD system occur. All voice recordings are stored on the digital recorder hard drive and backed up on non- interruptible, non-erasable disks as required. All voice communications received on licensed radios channels and dedicated phone lines are recorded digitally. The voice recordings for events can be made available in a set format and distributed electronically or on non-erasable media. The availability and dispersing of voice recordings are managed according to our current policy as to whom and when they can be requested. Each main console is connected to the digital recording device and captures all radio communications. This device has an interface that allows the communicator to play back recordings from any point and from any line-in to capture any missed information. Tillsonburg Fire Communications currently enters Burn Permit information into the CAD system for specific sites (addresses) as provided by our Customers. Once entered into the CAD system, the permit location is readily displayed for the Fire Communicator on the CAD system in two formats. Permit locations are listed by address in a table as well as identified on the CAD system map as an icon. Once “activated” by the Fire Communicator after the permit holder calls into the Communications Centre on a dedicated Burn Permit telephone line, the CAD system then displays the active permit in an active permit table as well as identified on the CAD system map as a separate and distinct icon. Tillsonburg Fire Communications maintains a toll-free telephone number for the burn permit activation phone calls and provides this service to all customers at no additional cost. Other property specific information such as hazardous materials & dangerous goods, alarm testing, and any other site specific information provided by the Customer can be entered. When an incident is dispatched, the CAD system automatically alerts the Fire Communicator of near- Page 241 of 298 Page 22 of 31 OF-2020-01 Fire Dispatch Services by geographical markers. These special nuances are then, by policy, relayed to the responding units and firefighters. In addition, non-property specific data such as road closures, bridge closures, etc. can also be entered into the CAD system to alert responding personnel of potential obstructions and hazards. During the contract, any new directives brought forward by The Corporation of the Town of Orangeville will be reviewed and comments provided. It is the preference of Tillsonburg Fire Communications for the Agent to meet with the Customer’s representative prior to the implementation of a new directive and to discuss the directive and especially the intended outcome. Tillsonburg Fire Communications will ensure that all staff members are appropriately trained on any new directives prior to implementation. Implementation will commence on a mutually agreed upon date, with notification of all parties. Sufficient time will be required to ensure all of the Tillsonburg Fire Communications staff is instructed and trained on the new directive. Appropriate documentation of implementation of new directives will be developed on an as needed basis to ensure compliance. Upon the implementation of a new directive, the customer is encouraged to utilize the Communications Feedback form and procedure to ensure that the new directive is being implemented as intended. All customers are provided a full communications service, including radio and telephone support from the initiation of the event through to the termination of the incident and the return of apparatus to station. Additionally, Tillsonburg Fire Communications processes and enters into the CAD system approximately 2,500 burn permits annually. These permits result in approximately 6,000 – 8,000 activations via telephone annually. The Service Provider operates an alternative fire communications facility at a remote location within our municipal Customer Service Centre (CSC), 10 Lisgar Ave, within the Town of Tillsonburg. This centre performs as a totally independent back-up communications service for all contracts currently serviced. The Corporation of the Town of Orangeville can be readily integrated into the systems at the alternative fire communications facility. When implemented, the alternative fire communications facility provides a back-up paging and communications system suitable for dispatching and ongoing communications with the Customer. As is the case with our primary consoles, the backup communications systems are protected in a building equipped with a generator for automatic transfer emergency power. In the event that our alternative site has to be activated a series of events must take place to ensure that there are no emergency calls missed. The PPSAP Contingency Plan developed in conjunction with Bell, is activated. This plan enables all 911 calls to be routed to the alternative communications site. CSC staff initiates paging tests each week and the staff are exercised from time to time in order to support our comprehensive communications program. In the event of a catastrophic failure of the main consoles or in the event of a building evacuation, SOG 1111, Staffing of Back up Console gives guidance for the process of staffing and operating the back-up console. In addition to the PSAP Contingency Plan, a comprehensive Emergency Management Plan is in place and has been reviewed and was updated in March, 2016. All Tillsonburg Fire Communications staff members have been trained in the implementation of the Fire Communications Emergency Management Plan. It is understood and anticipated by the Town of Tillsonburg that an indemnification clause will form a part of the final agreement and contract with the The Corporation of the Town of Orangeville. Tillsonburg Fire Communications understands and is capable of providing the services expected of The Corporation of the Town of Orangeville, including, but not limited to: Page 242 of 298 Page 23 of 31 OF-2020-01 Fire Dispatch Services 1. Communications between the public and the Communications Centre, 2. Communications between the Communications Centre and The Corporation of the Town of Orangeville personnel at any time during and following emergency incidents, 3. Communications between the fire services of The Corporation of the Town of Orangeville and outside agencies, 4. Support the fire services of The Corporation of the Town of Orangeville personnel at emergency and non-emergency incidents as requested and required, and 5. The provision and retention of records of communications between all parties. The Tillsonburg Fire Communications staff members are trained to National Fire Protection Association (NFPA) 1061 Standard for Professional Qualifications for Public Safety Telecommuinicators. All Tillsonburg Fire Communications staff are IFSAC certified PUBLIC SAFETY TELECOMMUNICATOR LEVEL II (NFPA 1061 Standard 2014 Edition). The Service Provider retains written training records of all communications staff. Additionally, all Tillsonburg Fire Communications staff members are fully trained in general fire service operations. Currently all full-time communications staff members have completed the former Legislation 101 as well as Introduction to Incident Management System (IMS) course from the Ontario Fire College. Three part time staff members have also completed both above referenced courses. All new staff members are put through a 200+ hour training program to familiarize them with not only the communications equipment and layout, but also customer specific information and processes as outlined in SOG 1113, Training Program. All data regarding locations of streets, roads and highways is available through the CAD system and paper based mapping. When supplied by the customer, street aliases and previous road names are also available to the Fire Communicators to assist with incident location and mapping. Data regarding high life hazard structures, congested or hazardous areas supplied by the customer is inputted into the CAD system and relayed to responding units. Additional staff training is implemented to ensure that Fire Communicators are familiar with new Customers and to review policies and procedures regarding and specific to the new customer. The Service Provider retains written training records of all communications staff. It is as core value of Tillsonburg Fire Communications to provide a work environment that fosters and encourages continuing education and professional development for the Fire Service Communicators. All fire communicators utilize a concise, standards-based Fire Communications Standard Operating Guideline (SOG) manual, which outlines written procedures to serve our existing client base. The Fire Communications Standard Operating Guideline manual describes in general term the policies and procedures each Fire Communicator is to utilize in the implementation of their duties. Customer specific requirements are captured within the CAD system to ensure that the operation specifics of each fire service are strictly observed and implemented. Any of The Corporation of the Town of Orangeville specific Standard Operating Guidelines can be created and implemented within the CAD system. Tillsonburg Fire Communications will submit all customer specific SOP/SOG documents to The Corporation of the Town of Orangeville Fire Chief for approval. Current Tillsonburg Fire Communication’s SOG documents will be provided to The Corporation of the Town of Orangeville for review upon award of contract. Specifically: Page 243 of 298 Page 24 of 31 OF-2020-01 Fire Dispatch Services 1. The dispatch of apparatus, stations, specialty teams, etc., including scripts for Fire Communicators, will be captured within the run card information provided by The Corporation of the Town of Orangeville. 2. The dispatch of second and greater alarms, including scripts for Fire Communicators, will be captured within the run card information provided by The Corporation of the Town of Orangeville. Any resource specified by the Customer, such as automatic/mutual aid, can be automatically dispatched by call type or by location. 3. The dispatch and prioritization of non-emergency calls for service will be captured within the run card information provided by The Corporation of the Town of Orangeville. Units and resources will be dispatched to non-emergency calls based on the priority and method prescribed by the Customer. 4. The placement of apparatus in and out of service will be as per the desired Policies and Procedures of The Corporation of the Town of Orangeville. 5. The performance of pager/monitor checks will be accommodated within Tillsonburg Fire Communications’ existing pager test schedule. Record keeping requirements shall be as per the requirements of The Corporation of the Town of Orangeville. Scripts for pager/monitor checks will be as approved by The Corporation of the Town of Orangeville. 6. The records of the emergency response units responding to alarms shall be recorded within the CAD system and will be included in the incident report at the conclusion of the incident. Benchmarks provided by the Incident Commander are recorded in the CAD system and are part of the incident record that is transmitted electronically and in PDF format to the Customer. Time benchmarks, police and EMS run/incident numbers are obtained from the appropriate agency and included in the CAD report. Information necessary for completion of the Ontario Fire Marshal’s Standard Incident Report (SIR) such as the distance between the fire station and the incident location are also included in the CAD incident report. 7. Emergency message communications, including “may-day” transmissions will be conducted as per the requirements of The Corporation of the Town of Orangeville. New, customer specific, Standard Operating Guidelines will be created should existing Tillsonburg Fire Communications “Emergency Message” SOG(s) not suffice to the customer’s needs. 8. Where and when implemented, Tillsonburg Fire Communications will adhere to the requirements of The Corporation of the Town of Orangeville in the event of an emergency distress transmission be initiated from a portable radio. New, customer specific, Standard Operating Guidelines will be created should existing Tillsonburg Fire Communications SOG(s) not suffice to the customer’s needs. 9. If desired, the assignment of TACTICAL radio channel(s) for on scene radio communications shall be assigned as per the SOG by The Corporation of the Town of Orangeville. 10. Tillsonburg Fire Communications will develop new, customer specific, Standard Operating Guidelines for area of The Corporation of the Town of Orangeville to govern Page 244 of 298 Page 25 of 31 OF-2020-01 Fire Dispatch Services time allowances for the “home” station to respond before subsequent action is taken. Tillsonburg Fire Communications will also accommodate the unique nuances of the specific subsequent action that is to take place for each individual municipality. The CAD system utilized by Tillsonburg Fire Communications includes a timer function that currently staff are trained to set after the initial dispatch. The actions to be taken if there has not been acknowledgement by units can be adapted to each customer’s specific needs. 11. Tillsonburg Fire Communications uses a standard report format that is generated automatically from FirePro2 records management software utilizing our Client Database. A Portable Document Format (PDF) file is also sent electronically as specified by the customer. The standard report format is used to allow our customers to complete the Standard Incident Reports for the Office of the Fire Marshal, and as such, contain all of the required information, including a response distance calculation. It is the established policy of Tillsonburg Fire Communications to have incident reports generated and sent to the client within four (4) hours of the conclusion of each incident. 12. Tillsonburg Fire Communications will develop a monthly statistical reporting process using Microsoft excel which will include but is not limited to;  Monthly statistics listing the total number of incidents for the department; the total number of incidents per station; the total number of apparatus dispatches; total number of incidents per apparatus; totals of each incident type for the department; totals for each incident type for each station; and staffing per apparatus per dispatch/incident.  Monthly statistics listing the dispatch time; acknowledgement time; enroute time; travel time; arrival time; duration of time on scene; and in-service time for all incidents.  Monthly statistics listing the average times for dispatch to acknowledgement; dispatch to enroute; acknowledgement to enroute; travel time; dispatch to arrival time; acknowledgement to arrival time; duration of time on scene; dispatch to in- service time; and acknowledgement to in-service time for all incidents per apparatus, per station, and the entire department.  Monthly statistics verifying Time to Answer and Event processing are meeting the requirements as established in NFPA 1221.  Monthly statistics verifying compliance with NFPA 1720 for Deployment to Structure Fires for Suburban Areas – Stations 2, 3, 4, and 6.  Monthly statistics verifying compliance with NFPA 1720 for Deployment to Structure Fires for Rural Areas – Station 5. Tillsonburg Fire Communications is also constantly striving to improve the level of service for our customers. Any identified enhancements to dispatch procedures, once approved by both the Customer and Tillsonburg Fire Communications Management, will be implemented immediately upon proper training of all staff members. Tillsonburg Fire Communications Management will ensure the proper implementation of the identified improvement by monitoring the implementation process and by conducting periodic reviews. Customer feedback is vital to ensure that the improvement has been implemented as anticipated. Upon award of the contract, Tillsonburg Fire Communications will provide The Corporation of the Town of Orangeville a copy of our existing Fire Communications Standard Operating Guidelines. Customer requirements that are not specifically address within existing SOG documents can be included in either, new Page 245 of 298 Page 26 of 31 OF-2020-01 Fire Dispatch Services SOG documents, modification of existing SOG documents, or in customer specific run cards and procedures. Tillsonburg Fire Communications will meet with The Corporation of the Town of Orangeville members to ensure that their municipality’s specific dispatching and communications needs and expectations are met. Written policy will be implemented which outlines the running orders of second and subsequent alarms, as well as any secondary response areas. The written policy will be developed from information provided to Tillsonburg Fire Communications from The Corporation of the Town of Orangeville regarding secondary response area mapping and apparatus run orders and alarm levels. The second and subsequent alarm levels and apparatus running orders can be customized to address specific Fire Service and individual fire station needs. Further refinement can be made by specific address or property to address specific customer needs, for example, sending additional alarm assignments or requesting automatic aid to specific “high risk” occupancy. Once the response levels and apparatus running orders are developed and confirmed by the customer, the documentation will be entered into the CAD system. Fire Communicators automatically receive the alarm level and apparatus running order from the CAD system once an address and call type are entered. The CAD system generates an assigned apparatus list for the Communicator. Further, the CAD system automatically indicates which station or apparatus to page once the Incident Commander has increased the level of alarm. The written documentation is kept in a ready-reference binder and acts as a back-up. All alarm level and apparatus running order information is available to the Fire Communicator at the back-up dispatch centre as well. The CAD system utilized by Tillsonburg Fire Communications is capable of storing and implementing additional alarm levels as well, based upon the mapping and run-order information provided by the customer. Throughout the entire event all information is logged on the CAD system by the communicator and all telecommunications are captured on a digital voice recorder. Tillsonburg Fire Communications utilizes a computer based digital voice recording system. All voice recordings are stored on the digital recorder hard drive and backed up on non-interruptible, non-erasable disks as required. All voice communications received on licensed radios channels and dedicated phone lines are recorded digitally. Each main console is connected to the digital recording device and captures all radio communications. This device has an interface that allows each communicator to play back recordings from any point and from any line-in to capture any missed information. Tillsonburg Fire Communications Management can also access the communications interface to monitor radio and telephone communications to ensure accuracy, effectiveness and efficiency. The voice / audio recordings for events can be made available in a set format and distributed electronically or on non-erasable media. Various file types are available, including MPEG-2 Audio Layer III (commonly referred to as MP3) format or Waveform Audio File Format (WAV). Audio recording can be prepared with date and time stamping included or omitted, depending upon the customer’s need and application. The availability and dispersing of voice recordings are managed according to each individual customer’s policy as to whom and when they can be requested. Files are typically available within 24 hours of an authorized request. Client incident reports and data records are kept electronically in both the CAD system and the FirePro2 system data bases. Both CAD computer server and the FirePro2 computer server have a network backup. It is the policy of Tillsonburg Fire Communications to maintain incident logs and recordings ad infinitum. Page 246 of 298 Page 27 of 31 OF-2020-01 Fire Dispatch Services The CAD system records a running tally of incidents pertaining to each customer address. This information is available to the Fire Communicator to give responding crews facts about historical responses to a particular address. At the conclusion of an incident, the incident report is forwarded to the customer in a preapproved format. Incident reports can be sent to the customer as a Portable Document Format (PDF) file by e-mail, faxed to the customer or sent electronically to integrate with the Ingenious Records Management System (FirePro2). Audio records (radio channel and telephone) are recorded onto an external hard drive and onto non-interruptible and non-erasable media file types are available, including MPEG-2 Audio Layer III (commonly referred to as MP3) format or Waveform Audio File Format (WAV). The records retention policy is for all data and voice records to be kept indefinitely by Tillsonburg Fire Communications. Tillsonburg Fire Communications uses a standard report format that is generated automatically from FirePro2 records management software utilizing our Client Database. Incident reports are sent electronically to integrate with the Ingenious Records Management System (FirePro2). A Portable Document Format (PDF) file is also sent electronically as specified by the customer. The standard report format is used to allow our customers to complete the Standard Incident Reports for the Office of the Fire Marshal, and as such, contain all of the required information, including a response distance calculation. It is the established policy of Tillsonburg Fire Communications to have incident reports generated and sent to the client within four (4) hours of the conclusion of each incident. Tillsonburg Fire Communications communicators conduct equipment checks at the commencement of each shift as required by SOG 1102, General Expectations. All clocks are checked and maintained within  5 seconds of the main clock. The main clock is an internal computer system that has an Internet clock which automatically updates every hour. Each CAD workstation is linked to an atomic clock (UTC) via the Internet. This enables each station to remain on the correct time automatically. The current staffing model Monday to Friday 08:00 to 17:00 there are two (2) Communicators on duty. After hours we have a permanent on call in place which must be within ten (10) minutes of the Fire Department at all times. It is the intent for Fire Communications to double staff during peak time or as required if we obtain The Corporation of the Town of Orangeville contract. In 2019, the average “hook” time for communications staff was seven (7) seconds and the average dispatch time was fourty three (43) seconds. Both of these performance benchmarks are within the established parameters. In the event of an escalation of the volume of emergency events being processed by a fire communicator, additional communicators will be provided as necessary. SOG 1104Staffing Additional Fire Communicators outlines the process for obtaining additional staff. A fire communicator is dedicated to an event as outlined in SOG 1104, Staffing Additional Fire Communicators. At all times personal is On-Call to be called in to the bellroom to assist with emergency situations within a required fifteen (15) minutes period response time. When it becomes necessary for a fire communicator to be relieved SOG 1102, General Expectations outlines the process in order that continuity of information is maintained. In the event of a shift change during a fire service response SOG 1102 General Expectations covers the requirements to ensure no information is missed or neglected during staff transitions. Incident information is maintained on the CAD system and is available to incoming Fire Communicators for review. As part of the Quality Assurance Program, Fire Communicators are required to complete an End of Page 247 of 298 Page 28 of 31 OF-2020-01 Fire Dispatch Services Shift report at the end of every shift to identify any opportunities to improve our customer service level. In addition the Quality Assurance Program provides a Communications Feedback Form. Tillsonburg Fire Communications will meet with The Corporation of the Town of Orangeville in the Communications Centre at least once a year and/or by request, and this will include an agenda and recorded minutes. The Fire Communications team would also come for any requested public education events that you would like the Communications 9-1-1 service explained. We also would come for any training within The Corporation of the Town of Orangeville to answer or train in regards to Communications. Tillsonburg Fire Communications welcomes schedule tours and visits from all customers, provided there is sufficient notice. Visitors to the Communications Centre will be expected to follow visitor protocol and will be required to exit the Bell Room should a call for service be received. Tillsonburg Fire Communications is available to both facilitate training at the client’s location and have Fire Service members from client Fire Services attend training sessions at the Fire Communications Centre. All desired visits, tours and training sessions will be agreed to in advance by both Tillsonburg Fire Communications and the Corporation of the Town of Orangeville. All Fire Communicators will be trained on the operational procedures and apparatus run sheets for each of The Corporation of the Town of Orangeville fire services. No additional telephone system training will be required as it is anticipated by Bell Canada that the existing 9-1-1 telephone lines into Tillsonburg Fire Communications are sufficient. Fire Communicators will also be trained on the Fire Station and radio tower locations of The Corporation of the Town of Orangeville and the Fire Protection Agreements with neighbouring departments. Upon award of the contract, Tillsonburg Fire Communications will propose a training outline and schedule to The Corporation of the Town of Orangeville for consideration. The Fire Communications team would also come for any requested public education events that you would like the Communications 9-1-1 service explained. We also would come for any training within The Corporation of the Town of Orangeville to answer or train in regards to Communications. Tillsonburg Fire Communications will provide the Fire Chief of The Corporation of the Town of Orangeville a copy of our existing Standard Operating Guidelines within two (2) weeks of award of a contract. Tillsonburg Fire Communications will then meet with the Fire Chief to determine any additional needs that are not adequately addressed within our existing SOG’s. At this meeting, Tillsonburg Fire Communications will also work with the Fire Chief to determine apparatus running order, develop apparatus run cards and to determine alarm levels. Any special response requirements will also be addressed. Tillsonburg Fire Communications will then provide a summary of the proposed SOG’s, run cards and alarm levels to be reviewed by the customer prior to entry into the CAD system. Once entered, Tillsonburg Fire Communications will test the CAD information for each customer prior to assuming dispatch responsibilities. The timeframe for the implementation of The Corporation of the Town of Orangeville’s communications SOG’s will be included in the training outline and schedule as the SOG’s will form a large part of our Fire Communicator’s training. Value Added Services Page 248 of 298 Page 29 of 31 OF-2020-01 Fire Dispatch Services In addition to meeting the specified needs and requirements of The Corporation of the Town of Orangeville proposal, Tillsonburg Fire Communications offers a number of value added services for our customers at no additional cost. Tillsonburg Fire Communications has the ability through the CAD system to alert firefighters of an incident not only through traditional pagers and radio communication, but can also send message alerts to cellular telephones via text messaging or e-mail to smart cellular phones. While Tillsonburg Fire Communications does not recommend text messaging as a primary means of alerting firefighters, our clients have found this additional method of alerting extremely valuable and convenient. Tillsonburg Fire Communication is also capable of sending live dispatch information to the web and even to Twitter accounts. In the age of social media, this tool has extended the Fire Service and the municipality’s outreach and is a convenient way to follow an incident. Page 249 of 298 Page 30 of 31 OF-2020-01 Fire Dispatch Services Subcontractor Information Form Subcontractor Information: Subcontractor #1 Name: BearCom Address: 79 Wellington Street London, ON N6B 2K4 519-663-2109 x 5247 Office Work Type to be Subcontracted: All Radio Programming Scope of Work: All Radio programming Subcontractor #2 Name: Symposium Technologies Address: 1 Yonge Street, Suite 1801 Toronto, ON M5E 1W7 Work Type to be Subcontracted: Computer Aided Dispatch System - CAD Scope of Work: GIS Mapping, CAD Programming Subcontractor #3 Name: Bell Canada Address: 100 Dundas Street, Floor 3 London, ON N6A 5B6 Work Type to be Subcontracted: Delivery of e9-1-1 Voice and ANI/ALI Scope of Work: Provide as required e9-1-1 Voice and Data circuits to the PSAP for the delivery of e9-1-1 service Subcontractor #4 Name: Five9 Solutions Address: 353 Manitou Drive Kitchener, ON N2C 1L5 1-855-459-2020 Work Type to be Subcontracted: Radio Programming Scope of Work: Radio programming Page 250 of 298 Page 31 of 31 OF-2020-01 Fire Dispatch Services Schedule 1-B Financial Proposal Form Request for proposal CMS-OF-2020-01 Fire Dispatch Services 2020-2021 Item Description Cost 1.0 Cost relating to setup, testing, and commissioning of equipment for seamless transfer. $38,420.00 1.1 Annual Cost- Year 1 $67,000.00 Total Proposal Price for Evaluation Purposes (excluding all applicable taxes) $239,420.00 Page 251 of 298 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-___ A BY-LAW to authorize an agreement between the Corporation of the Town of Tillsonburg and Shelburne and District Fire Board of Management for the provision of fire communications services. WHEREAS the Fire Protection and Prevention Act, S.O. 1997, c. 4, as amended, authorizes a municipality to provide and/or receive fire protection services to or from other municipalities; AND WHEREAS the Town of Tillsonburg operates fire protection services and holds fire protection assets including fire communications personnel and equipment suitable to meet municipal responsibilities required by the Fire Protection and Prevention Act, through a fire department situated within the Town of Tillsonburg; AND WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an agreement with Shelburne and District Fire Board of Management to provide fire communications services. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT the agreement attached hereto as Schedule “A” forms part of this by-law; 2. THAT the Mayor and Chief Administrative Officer be hereby authorized to execute the attached agreement on behalf of the Corporation of the Town of Tillsonburg; 3. THAT this By-Law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 25th day of MAY, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 25th day of MAY, 2020. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Michelle Smibert Page 252 of 298 I'HIS .\(;lìl'.1'.\ll.N1', <latc<l rhis rlal ol -_ , 2020Iì t.-l'\\' t. I.. Nl'IIt. ct( )lìl{ )tì.\'l't( )\ ( )t.' l'H1.. 't1 )\\'\ ( )1.'1'u.Is( )N lìI'tì(;(lrclcirralicr' "tlrc -lìxrrr <l'l'illsorrbulq" )- arrrl -sHl.t.tll'lì\1,.,\\l) l)ts't'Rl('l' l.lRl.. lì( )^\lÙ) ot'II.\N,\(;1._lIt.N-l(hclcirra[ìcr' "SHl..Ll]I'lì.\1.. I{lll.. ll( ),\lìt)")Page 253 of 298 2345.6.!\¡Hl..tìt-\S:L Pursuant to the provisions of the Municipat Act, S.O. 199 I , c. 25, as amended, theparties have enacted By-laws to authorize an agreement between the parties;The Fire Protection and Prevention Act, S.O. 1997, c.4, as amended, authorizes amunicipality to provide and./or receive fire protection services to or from othermunicipalities;The Town of Tillsonburg operates fire protection services and holds fireprotection assets including fire communications personnel and equipment suitableto meet municipal responsibilities required by the Fire protection and preventionAct, through a fire department situated within the Town of Tillsonburg;The Town of Tillsonburg has agreed to provide such Fire Communicationsservices to the Shelbume Fire BoardNov/ THEREFORE, in consideration of the mutual covenants and agreements hereincontained, the parties agree as follows:Services Provided:The Town of rillsonburg shall supply fìre communications services to theShelbume Fire Board the particulars of which are as described in Schedule "A" tothis agreement.The fìre communications services provided by the Town of rillsonburg shallcomply with the standard operating Guidelines, which regulate the operation andmaintenance of the Tillsonburg Fire & Rescue Services Fire communications.Consideration:The Shelburne Fire Board shall pay fees to the Town of rillsonburg as describedin Schedule "8" to this agreement.7Page 254 of 298 8.Page 3 ol l0Term:This agreement shall remain efIèctive I'or a period of three years lrom the date ofsignature. If not expressly renewed in writing or supplanted by a succeedingagreement. this Agreement shall be deemed to have been automatically renewedfor a period of indefinite duration unless and until one of the parties provideswritten notice of termination as contemplated in paragraph nine below.Notrvithstanding the provisions of paragraph eight above, any of the parties maywithdraw l-rom this Agreement upon providing twelve months written notice tothe other parties (hereinafter "the party or parties withdrawing").Service Commencement Date:10.The Town of rillsonburg shall provide fire communications services inaccordance with this agreement el-fective on August 1,2020.Indemnifv and Limitation of Liability:ll. The parties agree to indemnify and save each other harmless, along with theirrespective councillors, ofrcers, employees and agents from any liability, action,claim. loss, damage, payment, cost. fìne. fìne surcharge, recovery or expense,including assessable legal fees arising out of the performance of their respectiveobligations under this Agreement, save and except in respect of any liability,action, claim, loss, damage, payment, cost. fìne, fine surcharge, recovery orexpense, including assessable legal fees, directly attributable to, arising from, orcaused by the negligence or breach of contractual obligation hereunder by anyparty hereto.12.Notwithstanding that set forth in paragraph eleven above. the parties agree that noparty or parties shall be held responsible for damages caused by delay or failure toperform its or their undertakings under the terms of the agreement when the delayor failure is due to fires. strikes, floods, acts of God or the eueen's enemies.lawful acts of public authorities. or delays or defaults caused by common carrierswhich cannot reasonably be foreseen or provided against.Notwithstanding any other provision in this contract or any applicable statutoryprovisions. none of the parties shall be liable to any other party for special orconsequential damages or damages for loss of use arising directly or indirectlyfrom any breach ofthis contract, fundamental or otherwise, or from any tortiousacts or omissions oftheir respective employees or agents, save and except when9.13.Page 255 of 298 Page 4 of l0such damages or losses are directly attributable to, arise fiom, or are caused by thebreach of contractual obligation, fundamental or otherwise, or f'rom any tortiousacts, including negligence, by any party or parties hereto. including its or theirrespective employees or agents. Without limiting the generality of the f'oregoing.the parties specifically agree that the Town of Tillsonburg shall not be liable ftrrany damages arising as a result of any injury or damage caused or sustained bypersonnel, apparatus, or equipment of the fìre depar-tment of the Shelburne FireBoard while engaged in the provision of fire protection services. Nothing in thisprovision shall be interpreted to affect or interfere with the right of any of theparties to take action to enf-orce the terms of this Agreement.14.The parties hereto agree that no provision herein. or any part thereof, shall beinterpreted or act so as to af-Íect, restrict, prohibit, or interfere with the right ofanyparty or parties hereto. either individually or in combination, to demand orotherwise take action or commence proceedings to enforce the terms of thisAgreement.Amendment:15.The parties may amend this agreement from time to time by further writtenmemorandum.16.Should any of the parties wish to amend the terms of this agreement, it shallprovide a minimum of thirty days written notice to the other party of the proposedterms of amendment.Dispute Resolution:In the event that a dispute arises or disputes arise between the parties whichcannot be resolved, the parties shall submit the dispute or disputes to arbitrationusing the procedure set out in the Municipal Arbitrations lcl. R.S.O. 1990. c. M -48. as amended.ln the event that a dispute or disputes is submitted for arbitration, the decision ordecisions of the arbitrator shall be final and binding upon the parties to thisagreement.In the event that arbitration cannot be conducted using the procedure set out in /åeMunicipal Arbitrations Act,the parties shall select a single arbitrator. and in theabsence of agreement on an arbitrator. the arbitrator shall be nominated by a17t8.19Page 256 of 298 20.22.Page 5 of l0.iustice of the Superior Court of Justice of the Ontario Courts under the procedureset out in the Arbin'atiott Act,S.O. 1991, c. 17, as amended.General Provisions:This agreement is not assignable without the written consent of the parties. Anyattempt to assign any of the rights, duties or obligations of this agreement withoutwritten consent is void.This agreement shall not be in ftrrce, or bind any ofthe parties, until executed byall the parties named in it.This agreement shall take effèct upon its execution by the authorizedrepresentative or representatives of the Town of Tillsonburg and the ShelbumeFire Board.Any notice under this agreement shall be sufäciently given by personal deliveryor by registered letter. postage prepaid and mailed in a Canadian post office,addressed, in the case of notice to the Town of Tillsonburg, to the municipaloffices of the Corporation of the Town olTillsonburg and, in the case of notice toany of the Shelburne Fire Board, to the respective municipal office of t theShelbume Fire Board, or to any other address as may be designated in writing bythe parties. and the date of receipt of any notice by mailing shall be deemedconclusively to be ten days after the mailing.No change or modifìcation of this agreement (including the schedules to thisagreement) shall be valid unless it be in writing and signed by each party.The Town of Tillsonburg and the Shelburne Fire Board agree that norepresentation! statement or agreement. other than those set out in this agreement,shall be binding upon the parties unless expressed in writing, signed by anauthorized representative or by authorized representatives of each and purportingto be expressed in modification of this agreement.26.The parties agree that each ofthem shall, upon reasonable written request oftheother. do or cause to be done all further lawful acts, deeds and assuranceswhatever for the better performance of the terms and conditions of this agreement.2l2324.25Page 257 of 298 27Page 6 of l0It is intended that all provisions of this agreement shall be fully binding andeffective between the parties, but in the event that any particular provision orprovisions or a part ofone is found to be void, voidable or unenforceable for anyreason whatever, then the particular provision or provisions or part of theprovision shall be deemed severed from the remainder of this agreement and allother provisions shall remain in full force.This agreement shall be govemed by and construed in accordance with the lawsof the Province of Ontario.Subject to the restrictions on transfer and assignment, this agreement shall endureto the benefit ofand be binding on the parties and their respective successors andassigns.28.29.Page 258 of 298 Page 7 of l0tN \'VI'|NIIS.S \4/Hl'llìlì()1" thc ¡raltics hclcto h¿n,c allìrcrl thcil Cor¡xl.arc Scals attcsrc¿by thc harxls ol' thcir' ¡l-o¡rr olliccrs and lur-thcl this aç'ccmcnt shall bc siglrc<l i¡c()ulìtcrl)art r|ith thc ¡r:utics ttamcrl l¡ckxv antl a co¡>1' ol'ea<.h <'ouutcr.¡ral-t sllall rcmailrattachcd [o alrd fìl'm ¡rart ol'tltis agrccnìcrìt.sHltlutl)lìo.,\Rl)M.A.NAGI.]NIIìN'I'5-t3-7aZÒl)¡r(cCÄOf)atc'l'Hu c()Rpotù\'f I()N ()¡-'t'Hli'l'owN ( )¡''fILtsoNItI rR(ìVay<>rI)alccAof)îtcPage 259 of 298 Page 8 of l0SCHEDULE "A"I'lrc -lìxrrr .l"l'ills.'bulg shall ¡rrr^'i<lc tJrc lìrll.*irrg sc'r,i.cs arxl lircilitics:A 24 hour, seven days a week, 365 days a year answering service, alert paging serviceand base radio communications dispatch service f-ully integrated with a computerAided Dispatch (CAD) system.2. A base station manufactured and installed to industry standards complete with theShelburne Fire Board Fire Department Dispatch frequency. The Town of rillsonburgshall operate and maintain these services and lacilities from two primary public safetycommunications consoles located in a municipally owned building at 80 ConcessionStreet, East, Tillsonburg. The building shall be equipped with an automatic transferemergency generator. In the event of system maintenance and/or upgrades, allparties aflected shall be granted prior notification when possible.3. An emergency (third) backup base station manufactured and installed to industrystandards complete with the Shelbume Fire Board Fire Department Dispatchfiequency. The Town of Tillsonburg shall operate and maintain these services andfàcilities from a public safety communications console located in a municipallyowned building at l0 Lisgar Ave, Tillsonburg. The buitding shalt be equipped with anautomatic transfer emergency generator. In the event of system maintenance and/orupgrades all parties affected shall be granted prior notification when possible.4. Answering, alerting and radio communications dispatch equipment shall be staffedcontinuously by personnel trained to the core competencies outlined in Ontario FireService Communicators Standard and the National Fire Protection Association(NFPA) l06l standard for Professional eualíJications for public safetyTelecommunicators.5. Transmission of information shall be seamless f'rom when the information is receivedfrom the Public Safety Answering Point (pSAp) until the time an emergency isterminated by the Incident Commander and shall be provided in accordance with thetime targets specified within NFPA 1221. Seamless is defined to mean withoutinterruption and continuously from the initial call until the satisfactory resolution ofthe incident.6. All emergency incident information shall be logged on the cAD system by thecommunicator and all telecommunications shall be captured on a digital voicerecorder. At the completion of the event a detailed incident report shall be collatedand forwarded to the Shelbume Fire BoardFire Department via email or other meansas arranged between the parties within four hours of termination of command. Allaudio transmissions shall be recorded from licensed dispatch channels and dedicatedPage 260 of 298 Page 9 of l0phone lines and shall be available to the Shelbume Fire Board Fire Department uponrequest as arranged between the parties. Recordings shall be made on non-interruptible, non-erasable media. AII records including digital voice recordings shallbe maintained for a period of two years.7. Upon the request of the Incident Commander for any additional resources or to relayemergent messaging to other persons, the fire communicator shall relay such requestsin a prioritized fashion via telecommunications equipment and shall reportconfirmation of same to the Incident Commander.8. Testing ofpaging system equipment shall be provided as arranged by the parties.9' The Shelburne Fire BoardFire Department shall provide the following without cost tothe Town of Tillsonburg:a. All GIS mapping for its protection area / response zoneboundaries-b. All radio transmitting and receiving equipment, licensingand maintenance of same extemal to the boundarv of theTown of Tillsonburg.c. Routing of Emergency 9ll telecommunications from thePublic Safety Answering Point (PSAP) and the CentralAmbulance Communications Center (CACC) as required tomeet the approved fire protection services provided by theMunicipality for its fire protection area / response zoneboundaries inclusive of all required ANI/ALI, GIS mappingand all site location information so that it is seamlesslytransmitted to the Secondary Public Safety AnsweringPoint (SPSAP) serving the Tillsonburg FireCommunications Division.d. The Town of Tillsonburg assumes no responsibility withrespect to quality of the data received in sections 9.a.,9.b.and 9.c.Page 261 of 298 Page l0 of l0SCHEDULE "8"l.tìtìs 1'o tlu p^It) lly ]-Hl.t.sHlillltrRNu lìItìE llo^tìt)'I.()'l.Ht.-l'( )\\'N ( )F I'ILIS( )Nlll rlì(;The Fee Structure contained within this Agreement is predicated uponthe contractual participation of the ftrllowing municipality for a periodofnot less than three (3) years starting August 1,2020:a. The Shelbume Fire Board2. The Shelburne Fire Board Fire Department shall pay to the Town ofTillsonburg an annual fèe of$2.77 plus tax (ifapplicable) per residentperson residing within the response area of the Shelbume Fire Board.Quantification shall be based upon the most current Canada censusreport. For 2020,the population dispatched is 12,500.3. The Shelburne Fire Board shall pay an annual adjustment for yearstwo (2) and three, effèctive on April 15 of each year. The adjustmentshall be based on the year to year unadjusted Consumer price Index(CPI) (CPI Index-All Items - Ontario) published by Statistics Canada,to a maximum of 5olo each vear.4. The Shelburne Fire Board shall tender payment to the Town ofTillsonburg in quarterly installments, to be invoiced by the Town ofTillsonburg four (4) times each year to the Shelbume Fire Board.5. The Shelburne Fire Board may extend the term of this agreement byone (l) or two (2) years. The Shelburne Fire Board shall pay anannual adjustment for years four (4) and five (5), effective on April l5of each year. The adjustment shall be based on the year to yearunadjusted Consumer Price Index (CPI) (Cpl Index-All Items -Ontario) published by Statistics Canada. to a maximum of 5oó eachyear. The index will be from the January posting of the Cpl from thecurrent year.6. The Shelburne Fire Board agrees to pay for costs associated withimplementing Next Generation 9ll services for the Shelbume FireBoard. These fees will be based on a cost recovery / per capita modelif the Shelburne Fire Board is under contract when Next Generation9l I is implemented in Tillsonburg FireComm. The Town ofTillsonburg will work closely with all stakeholders to keep themapprised ofanticipated costs and dates.Page 262 of 298 Proposal to ProvideFire Dispatch & Gommunications ServicesToSHELBURNE AND DISTRICT FIRE BOARD OFMANAGEMENT,,FIRE COMMUNIGATIONS SERVICES''3 Year Contract - W¡th Renewal GlausePage 263 of 298 Financial Proposal FormFire Dispatch ServicesPopulation 12500Cost/Capita =2.77Annual Service Contract Cost - $34,625.00Upfront Capital Cost = $0.00 (lncluded in Cost / Per-Capita)Annual BearCom Service Agreement - (lncluded in Cost / per-Capita)Radio Port AVTEC - $791.67 (lncluded in Cost / Per-Capita)Additional FeesNext Gen 911 Upgrade - TBDAnnual COLA increases effective April 1S of each year2Page 264 of 298 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-___ A BY-LAW to authorize an agreement between the Corporation of the Town of Tillsonburg and Grand Valley and District Fire Department for the provision of fire communications services. WHEREAS the Fire Protection and Prevention Act, S.O. 1997, c. 4, as amended, authorizes a municipality to provide and/or receive fire protection services to or from other municipalities; AND WHEREAS the Town of Tillsonburg operates fire protection services and holds fire protection assets including fire communications personnel and equipment suitable to meet municipal responsibilities required by the Fire Protection and Prevention Act, through a fire department situated within the Town of Tillsonburg; AND WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an agreement with Grand Valley and District Fire Department to provide fire communications services. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT the agreement attached hereto as Schedule “A” forms part of this by-law; 2. THAT the Mayor and Chief Administrative Officer be hereby authorized to execute the attached agreement on behalf of the Corporation of the Town of Tillsonburg; 3. THAT this By-Law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 25th day of MAY, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 25th day of MAY, 2020. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Michelle Smibert Page 265 of 298 THIS AGREEMEI.,IT, dated this - day of -, 2020 B ETWEEN THE CORPORATION OF THE TOWN OF TIT.T SONBURG (hereinafter "dre Torvn of Tillsonburg') Grand Valley & District Fire Department (hereinafter "Grand Valley & Dishict Fire Departrnerrt) aud Page 266 of 298 2. -t 5. 6. WHERF,AS: 1. Pursuant to the provisions of the Municipal Act,S.O.l99l, c. 25, as amended, the parties have enacted By-laws to authorize an agreement between the parties; The Fire Protection and Prevention Act,S,O, 1997, c.4, as amended, authorizes a municipality to provide and/or receive fire protection services to or from other municipalities; The Town ofTillsonburg operates fire protection services and holds fire protection assets including fire communications personnel and equipment suitable to meet municipal responsibilities required by the Fire Protection and Prevention Act, tbrougha fire department situated within the Town of Tillsonburg; 4.The Town of Tillsonburg has agreed to provide such Fire Communications services to the Grand Valley & District Fire Department NOW THEREFORE, in consideration ofthe mutual covenants and agreements herein contained, the parties agree as fbllows: Services Provided: The Town of Tillsonburg shall supply fire communications services to the Grand Valley & District Fire Department the particulars of which are as described in Schedule "A" to this agreement. The fire communications services provided by the Town of Tillsonburg shall comply with the Standard Operating Guidelines, which regulate the operation and maintenance of the Tillsonburg Fire & Rescue Services Fire Communications. Consideration: The Grand Valley & District Fire Department shall pay fees to the Town of Tillsonburg as described in Schedule "B" to this agreement. 7 Page 267 of 298 8. Term: 9. Page 3 of l0 This agreement shall remain effective for a period of three years from the date of signature. If not expressly renewed in writing or supplanted by a succeeding agreement, this Agreement shall be deemed to have been automatically renewed for a period of indefinite duration unless and until one of the parties provides written notice of termination as contemplated in paragraph nine below. Notwithstanding the provisions of paragraph eight above, any of the parties may withdraw tiom this Agreement upon providing twelve months written notice to the other partics (hereirraller "tlte pafly or parties withdrawilg"). Service Commencement Date: 10.The Town of Tillsonburg shall provide fire communications services in accordance with this agreement effective on August 1,2020. Indemnitv and Limitation of Liabilitv: ll The parties agree to indemnify and save each other harmless, along with their respective councillors, officers, employees and agents from any liability, action, claim, loss, damage, payment, cost, fine, fine surcharge, recovery or expense, including assessable legal fees arising out ofthe performance oftheir respective obligations under this Agreement, save and except in respect of any liability, action, claim, loss, damage, payment, cost, fine, fine surcharge, recovery or expense, including assessable legal fees, directly attributable to, arising from, or caused by the negligence or breach of contractual obligation hereunder by any party hereto. t2.Notwithstanding that set forth in paragraph eleven aboveo the parties agree that no party or parties shall be held responsible for damages caused by delay or failure to perform its or their undertakings under the terms of the agreement when the delay or failure is due to fires, strikes, floods, acts of God or the Queen's enemies, lawful acts of public authorities, or delays or defaults caused by common carriers which cannot reasonably be foreseen or provided against. Notwithstanding any other provision in this contract or any applicable statutory provisions, none of the parties shall be liable to any other party for special or consequential damages or damages for loss of use arising directly or indirectly from any breach of this contract, fundamental or otherwise, or from any tortious acts or omissions oftheir respective employees or agents, save and except when 13 Page 268 of 298 Page4of 10 such damages or losses are directly attributable too arise from, or are caused by the breach of contractual obligation, fundamental or otherwise, or from any tortious acts, including negligence, by any party or parties hereto, including its or their respective employees or agents. Without limiting the generality of the foregoing, the parties specifically agree that the Town ofTillsonburg shall not be liable for any damages arising as a result of any injury or damage caused or sustained by personnel, apparatus, or equipment of the fire department of the Grand Valley & District Fire Department while engaged in the provision of fire protection services. Nothing in this provision shall be interpreted to affect or interfere with the right of any of the parties to take action to enforce the terms of this Agreement. The parties hereto agree that no provision herein, or any part thereof, shall be interpreted or act so as to affect, restrict, prohibit, or interfere with the right ofany party or parties hereto, either individually or in combination, to demand or otherwise take action or commence proceedings to enforce the terms of this Agreement. 14. Amendment: 15 16. The parties may amend this agreement from time to time by further written memorandum. Should any of the parties wish to amend the terms of this agreement, it shall provide a minimum of thirty days written notice to the other party of the proposed terms of amendment. Disnute Resolution: t7 In the event that a dispute arises or disputes arise between the parties which carnot be resolvedo the parties shall submit the dispute or disputes to arbitration using the procedure set out in the Municipal Arbitrations Acl, R.S.O. 1990, c. M - 48, as amended. 18.In the event that a dispute or disputes is submitted for arbitration, the decision or decisions of the arbitrator shall be final and binding upon the parties to this agreement. In the event that arbitration cannot be conducted using the procedure set out in tfte Municipal Arbitrations Act,the parties shall select a single arbitrator, and in the absence of agreement on an arbitrator, the arbitrator shall be nominated by a 19. Page 269 of 298 20. 22. Page 5 of 10 justice ofthe Superior Court ofJustice ofthe Ontario Courts under the procedure set out in the ArbitrationAct,S.O. 1991, c. 17, as amended. General Provisions: This agreement is not assignable without the written consent of the parties. Any attempt to assign any of the rights, duties or obligations of this agreement without written consent is void. 2l This agreement shall not be in force, or bind any ofthe parties, until executed by all the parties named in it. This agreement shall take effect upon its execution by the authorized representative or representatives of the Town of Tillsonburg and the Graud Valley District Fire Departrnent, 23 Any notice under this agreement shall he sttfficiently given hy persnnal delivery or by registered letter, postage prepaid and mailed in a Canadian post office, addressed, in the case of notice to the Town of Tillsonburg, to the municipal offices ofthe Corporation ofthe Town ofTillsonburg and, in the case ofnotice to any of the Grand Valley & District Fire Department, to the respective municipal office of the Grand Valley & District Fire Departmento or to any other address as may be designated in writing by the parties, and the date of receipt of any notice by mailing shall be deemed conclusively to be ten days after the mailing. No change or modification of this agreement (including the schedules to this agreement) shall be valid unless it be in writing and signed by each party. The Town of Tillsonburg and the Grand Valley & District Fire Department agree that no representation, statement or agreement, other than those set out in this agreement, shall be binding upon the parties unless expressed in writing, signed by an authorized representative or by authorized representatives of each and purporting to be expressed in modification of this agreement. 26.The parties agree that each ofthem shall, upon reasonable written request ofthe other, do or cause to be done all further lawful acts, deeds and assurances whatever for the better performance of the terms and conditions of this agreement. 24. 25. Page 270 of 298 27 Page 6 of l0 It is intended that all provisions of this agreement shall be fully binding and effective between the parties, but in the event that any particular provision or provisions or a part of one is found to be void, voidable or unenforceable for any reason whatever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this agreement and all other provisions shall remain in fulI force. This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. Subject to the restrictions on transfer and assignment, this agreement shall endure to the benefit of and be binding on the parties and their respective successors and assigns, 28. 29. Page 271 of 298 Page 7 of 10 IN WITNESS WHEREOF the parties hereto have allixed their Corporate Seals attested by the hands of their proper ollicers aud l-urther this agreement shall be signed irr coul)terpa.rt with the parties uamed below ald a copy of each counterpart shall remain attached to aud form part of this agreement, THE CORPORATION OF THE GRAND VALLEY & DISTRICT FIRE BOARDz VALLE,Y& DISTRICI FIRE BOARD CHAIR VALAY& DISTRICT FIRE BOARD Date THE CORPORATION OFTHE TOWN OFTILISONBI]RG DEPARTI\,IENT Dare Mayor Date cAo Da.te Page 272 of 298 Page 8 of l0 SCHEDUI.,E "A" The Town of Tillsortburg shall provide the follorving seruices and facilities: A 24 hour, seven days a week, 365 days a year answering service, alert paging service and base radio communications dispatch service fully integrated with a Computer Aided Dispatch (CAD) system. 2. A base station manufactured and installed to industry standards complete with the Grand Valley & District Fire Department Dispatch llequency. The Town of Tillsonburg shall operate and maintain these services and facilities from two primary public safety communications consoles located in a municipally owned building at 80 Concession Street, East, Tillsonburg. The building shall be equipped with an automatic transfer emergency generator. In the event ofsystem maintenance and/or upgrades, all parties affected shall be granted prior notification when possible. 3. An emergency (third) backup base station manufactured and installed to industry standards complctc with thc Grand Vallcy & Distriot Firo Deportment Dicpotoh frequency. The Town of Tillsonburg shall operate and maintain these services and facilities from a public safety communications console located in a municipally owned building at 10 Lisgar Ave, Tillsonburg. The building shall be equipped with an automatic transfer emergency generator. In the event of system maintenance and/or upgrades all panies affected shall be granted prior notification when possible. 4. Answering, alerting and radio communications dispatch equipment shall be staffed continuously by personnel trained to the core competencies outlined in Ontario Fire Service Communicators Standard and the National Fire Protection Association (NFPA) 106l Standard for Professional QualiJications for Public Safety Telecommunicators. 5. Transmission of information shall be seamless from when the information is received from the Public Safety Answering Point (PSAP) until the time an emergency is terminated by the Incident Commander and shall be provided in accordance with the time targets specified within NFPA 1221. Seamless is defined to mean without interruption and continuously from the initial call until the satisfactory resolution of the incident. 6. All emergency incident information shall be logged on the CAD system by the communicator and all telecommunications shall be captured on a digital voice recorder. At the completion of the event a detailed incident report shall be collated and forwarded to the Grand Valley & District Fire Department via email or other means as ananged between the parties within four hours of termination of command. All audio transmissions shall be recorded from licensed dispatch channels and Page 273 of 298 Page 9 of l0 dedicated phone lines and shall be available to the Grand Valley & District Fire Department upon request as arranged between the parties. Recordings shall be made on non-interruptible, non-erasable media- All records including digital voice recordings shall be maintained for a period of two years. 7. Upon the request ofthe Incident Commander for any additional resources or to relay emergent messaging to other persons, the fire communicator shall relay such requests in a prioritized fashion via telecommunications equipment and shall report confirmation of same to the Incident Commander. 8. Testing ofpaging system equipment shall be provided as ananged by the parties. 9. The Grand Valley & District Fire Department shall provide the following without cost to the Town of Tillsonburg: a. All GIS mapping for its protection area / response zone boundaries. b. All radio transmitting and receiving equipment, licensing and maintenance of same extemal to the boundarl, of the Town of Tillsonburg. c. Routing of Emergency 911 telecommunications from the Public Safety Answering Point (PSAP) and the Central Ambulance Communications Center (CACC) as required to meet the approved fire protection services provided by the Municipality for its fire protection area / response zone boundaries inclusive of all required ANVALI, GIS mapping and all site location information so that it is seamlessly transmitted to the Secondary Public Safety Answering Point (SPSAP) serving the Tillsonburg Fire Communications Division. d. The Town of Tillsonburg assumes no responsibility with respect to quality of the data received in sections 9.a.,9.b. and 9.c. Page 274 of 298 Page l0 of 10 SCHEDULE "B" FEES TO BE PAID BY THE GRAND VALLEY & DISTRICT FIRE DEPARTMENTTO THE TOWN OF TILT,SONBT]RG The Fee Structure contained within this Agreement is predicated upon the contractual participation of the following municipality for a period of not less than three (3) years starting August l, 2020 : a. The Grand Valley & District Fire Department 2. The Grand Valley & District Fire Department shall pay to the Town of Tillsonburg an annual fee of$3.99 plus tax (ifapplicable) per resident person residing within the response area ofthe Grand Valley Fire Board. Quantification shall be based upon the mostcurrentCanadacensusreport. For202},thepopulationdispatchedis35T2. 3. The Grand Valley & District Fire Department shall pay an annual adjustment for years two (2) and three, effective on April I 5 of each year. The adjustment shall be based on the year to year unadjusted Consumer Price Index (CPD (CPI Index-All Items - Ontario) published by Statistics Canad4 to a maximum of 5olo each year. 4. The Grand Valley & District Fire Department shall tender payment to the Town of Tillsonburg in quarterly installments, to be invoiced by the Town of Tillsonburg four (4) times each year to the Grand Valley Fire Board. 5. The Grand Valley & District Fire Department may extend the term of this agreement by one (l) or two (2) years. The Grand Valley & District Fire Department shall pay an annual adjustment for years four (4) and five (5), effective on April I 5 of each year. The adjustment shall be based on the year to yeax unadjusted Consumer Price Index (CPf (CPI Index-All Items - Ontario) published by Statistics Canada to a maximum of 5%o each year. The index will be from the January posting of the CPI from the current year. 6. The Grand Valley & District Fire Department agrees to pay for costs associated with implementing Next Generation 9l I services for the Grand Valley Fire Board. These fees will be based on a cost recovery / per capita model if the Grand Valley & District Fire Department is under contract when Next Generation 911 is implemented in Tillsonburg FireComm. The Town of Tillsonburg will work closely with all stakeholders to keep them apprised ofanticipated costs and dates. Page 275 of 298 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-___ A BY-LAW to authorize an agreement between the Corporation of the Town of Tillsonburg and the Mulmur-Melancthon Fire Board for the provision of fire communications services. WHEREAS the Fire Protection and Prevention Act, S.O. 1997, c. 4, as amended, authorizes a municipality to provide and/or receive fire protection services to or from other municipalities; AND WHEREAS the Town of Tillsonburg operates fire protection services and holds fire protection assets including fire communications personnel and equipment suitable to meet municipal responsibilities required by the Fire Protection and Prevention Act, through a fire department situated within the Town of Tillsonburg; AND WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an agreement with the Mulmur-Melancthon Fire Board to provide fire communications services. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT the agreement attached hereto as Schedule “A” forms part of this by-law; 2. THAT the Mayor and Chief Administrative Officer be hereby authorized to execute the attached agreement on behalf of the Corporation of the Town of Tillsonburg; 3. THAT this By-Law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 25th day of MAY, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 25th day of MAY, 2020. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Michelle Smibert Page 276 of 298 THIS AGREEMENT, dated this ______ day of _______, 2020 B E T W E E N THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter "the Town of Tillsonburg" ) - and - THE MULMUR-MELANCTHON FIRE BOARD (hereinafter “The Mulmur- Melancthon Fire Board”) Page 277 of 298 WHEREAS: 1. Pursuant to the provisions of the Municipal Act, S.O. 1991, c. 25, as amended, the parties have enacted By-laws to authorize an agreement between the parties; 2. The Fire Protection and Prevention Act, S.O. 1997, c. 4, as amended, authorizes a municipality to provide and/or receive fire protection services to or from other municipalities; 3. The Town of Tillsonburg operates fire protection services and holds fire protection assets including fire communications personnel and equipment suitable to meet municipal responsibilities required by the Fire Protection and Prevention Act, through a fire department situated within the Town of Tillsonburg; 4. The Town of Tillsonburg has agreed to provide such Fire Communications services to the Township of Mulmur-Melancthon Fire Board NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: Services Provided: 5. The Town of Tillsonburg shall supply fire communications services to the Mulmur-Melancthon Fire Board the particulars of which are as described in Schedule "A" to this agreement. 6. The fire communications services provided by the Town of Tillsonburg shall comply with the Standard Operating Guidelines, which regulate the operation and maintenance of the Tillsonburg Fire & Rescue Services Fire Communications. Consideration: 7. The Mulmur-Melancthon Fire Board shall pay fees to the Town of Tillsonburg as described in Schedule "B" to this agreement. Page 278 of 298 Page3of10 Term: 8. This agreement shall remain effective for a period of three years from the date of signature. If not expressly renewed in writing or supplanted by a succeeding agreement, this Agreement shall be deemed to have been automatically renewed for a period of indefinite duration unless and until one of the parties provides written notice of termination as contemplated in paragraph nine below. 9. Notwithstanding the provisions of paragraph eight above, any of the parties may withdraw from this Agreement upon providing twelve months written notice to the other parties (hereinafter “the party or parties withdrawing”). Service Commencement Date: 10. The Town of Tillsonburg shall provide fire communications services in accordance with this agreement effective on August 1, 2020. Indemnity and Limitation of Liability: 11. The parties agree to indemnify and save each other harmless, along with their respective councillors, officers, employees and agents from any liability, action, claim, loss, damage, payment, cost, fine, fine surcharge, recovery or expense, including assessable legal fees arising out of the performance of their respective obligations under this Agreement, save and except in respect of any liability, action, claim, loss, damage, payment, cost, fine, fine surcharge, recovery or expense, including assessable legal fees, directly attributable to, arising from, or caused by the negligence or breach of contractual obligation hereunder by any party hereto. 12. Notwithstanding that set forth in paragraph eleven above, the parties agree that no party or parties shall be held responsible for damages caused by delay or failure to perform its or their undertakings under the terms of the agreement when the delay or failure is due to fires, strikes, floods, acts of God or the Queen’s enemies, lawful acts of public authorities, or delays or defaults caused by common carriers which cannot reasonably be foreseen or provided against. 13. Notwithstanding any other provision in this contract or any applicable statutory provisions, none of the parties shall be liable to any other party for special or consequential damages or damages for loss of use arising directly or indirectly from any breach of this contract, fundamental or otherwise, or from any tortious acts or omissions of their respective employees or agents, save and except when Page 279 of 298 Page4of10 such damages or losses are directly attributable to, arise from, or are caused by the breach of contractual obligation, fundamental or otherwise, or from any tortious acts, including negligence, by any party or parties hereto, including its or their respective employees or agents. Without limiting the generality of the foregoing, the parties specifically agree that the Town of Tillsonburg shall not be liable for any damages arising as a result of any injury or damage caused or sustained by personnel, apparatus, or equipment of the fire department of the Mulmur- Melancthon Fire Board while engaged in the provision of fire protection services. Nothing in this provision shall be interpreted to affect or interfere with the right of any of the parties to take action to enforce the terms of this Agreement. 14. The parties hereto agree that no provision herein, or any part thereof, shall be interpreted or act so as to affect, restrict, prohibit, or interfere with the right of any party or parties hereto, either individually or in combination, to demand or otherwise take action or commence proceedings to enforce the terms of this Agreement. Amendment: 15. The parties may amend this agreement from time to time by further written memorandum. 16. Should any of the parties wish to amend the terms of this agreement, it shall provide a minimum of thirty days written notice to the other party of the proposed terms of amendment. Dispute Resolution: 17. In the event that a dispute arises or disputes arise between the parties which cannot be resolved, the parties shall submit the dispute or disputes to arbitration using the procedure set out in the Municipal Arbitrations Act, R.S.O. 1990, c. M - 48, as amended. 18. In the event that a dispute or disputes is submitted for arbitration, the decision or decisions of the arbitrator shall be final and binding upon the parties to this agreement. 19. In the event that arbitration cannot be conducted using the procedure set out in the Municipal Arbitrations Act, the parties shall select a single arbitrator, and in the absence of agreement on an arbitrator, the arbitrator shall be nominated by a Page 280 of 298 Page5of10 justice of the Superior Court of Justice of the Ontario Courts under the procedure set out in the Arbitration Act, S.O. 1991, c. 17, as amended. General Provisions: 20. This agreement is not assignable without the written consent of the parties. A ny attempt to assign any of the rights, duties or obligations of this agreement without written consent is void. 21. This agreement shall not be in force, or bind any of the parties, until executed by all the parties named in it. 22. This agreement shall take effect upon its execution by the authorized representative or representatives of the Town of Tillsonburg and the Mulmur- Melancthon Fire Board. 23. Any notice under this agreement shall be sufficiently given by personal delivery or by registered letter, postage prepaid and mailed in a Canadian post office, addressed, in the case of notice to the Town of Tillsonburg, to the municipal offices of the Corporation of the Town of Tillsonburg and, in the case of notice to any of the Mulmur-Melancthon Fire Board, to the respective municipal office of the Mulmur-Melancthon Fire Board, or to any other address as may be designated in writing by the parties, and the date of receipt of any notice by mailing shall be deemed conclusively to be ten days after the mailing. 24. No change or modification of this agreement (including the schedules to this agreement) shall be valid unless it be in writing and signed by each party. 25. The Town of Tillsonburg and the Mulmur-Melancthon Fire Board agree that no representation, statement or agreement, other than those set out in this agreement, shall be binding upon the parties unless expressed in writing, signed by an authorized representative or by authorized representatives of each and purporting to be expressed in modification of this agreement. 26. The parties agree that each of them shall, upon reasonable written request of the other, do or cause to be done all further lawful acts, deeds and assurances whatever for the better performance of the terms and conditions of this agreement. 27. It is intended that all provisions of this agreement shall be fully binding and Page 281 of 298 Page6of10 effective between the parties, but in the event that any particular provision or provisions or a part of one is found to be void, voidable or unenforceable for any reason whatever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this agreement and all other provisions shall remain in full force. 28. This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. 29. Subject to the restrictions on transfer and assignment, this agreement shall endure to the benefit of and be binding on the parties and their respective successors and assigns. Page 282 of 298 Page7of10 IN WITNESS WHEREOF the parties hereto have affixed their Corporate Seals attested by the hands of their proper officers and further this agreement shall be signed in counterpart with the parties named below and a copy of each counterpart shall remain attached to and form part of this agreement. TOWNSHIP OF MULMUR Mayor Date CAO Date TOWNSHIP OF MELANCTHON Mayor Date CAO Date THE CORPORATION OF THE TOWN OF TILLSONBURG Mayor Date CAO Date Page 283 of 298 Page8of10 SCHEDULE “A” The Town of Tillsonburg shall provide the following services and facilities: 1. A 24 hour, seven days a week, 365 days a year answering service, alert paging service and base radio communications dispatch service fully integrated with a Computer Aided Dispatch (CAD) system. 2. A base station manufactured and installed to industry standards complete with the Mulmur-Melancthon Fire Board Fire Department Dispatch frequency. The Town of Tillsonburg shall operate and maintain these services and facilities from two primary public safety communications consoles located in a municipally owned building at 80 Concession Street, East, Tillsonburg. The building shall be equipped with an automatic transfer emergency generator. In the event of system maintenance and/or upgrades, all parties affected shall be granted prior notification when possible. 3. An emergency (third) backup base station manufactured and installed to industry standards complete with the Mulmur-Melancthon Fire Board Fire Department Dispatch frequency. The Town of Tillsonburg shall operate and maintain these services and facilities from a public safety communications console located in a municipally owned building at 10 Lisgar Ave, Tillsonburg. The building shall be equipped with an automatic transfer emergency generator. In the event of system maintenance and/or upgrades all parties affected shall be granted prior notification when possible. 4. Answering, alerting and radio communications dispatch equipment shall be staffed continuously by personnel trained to the core competencies outlined in Ontario Fire Service Communicators Standard and the National Fire Protection Association (NFPA) 1061 Standard for Professional Qualifications for Public Safety Telecommunicators. 5. Transmission of information shall be seamless from when the information is received from the Public Safety Answering Point (PSAP) until the time an emergency is terminated by the Incident Commander and shall be provided in accordance with the time targets specified within NFPA 1221. Seamless is defined to mean without interruption and continuously from the initial call until the satisfactory resolution of the incident. 6. All emergency incident information shall be logged on the CAD system by the communicator and all telecommunications shall be captured on a digital voice recorder. At the completion of the event a detailed incident report shall be collated and forwarded to the Mulmur-Melancthon Fire Board Fire Department via email or other means as arranged between the parties within four hours of termination of Page 284 of 298 Page9of10 command. All audio transmissions shall be recorded from licensed dispatch channels and dedicated phone lines and shall be available to the Mulmur-Melancthon Fire Board Fire Department upon request as arranged between the parties. Recordings shall be made on non-interruptible, non-erasable media. All records including digital voice recordings shall be maintained for a period of two years. 7. Upon the request of the Incident Commander for any additional resources or to relay emergent messaging to other persons, the fire communicator shall relay such requests in a prioritized fashion via telecommunications equipment and shall report confirmation of same to the Incident Commander. 8. Testing of paging system equipment shall be provided as arranged by the parties. 9. The Mulmur-Melancthon Fire Board Fire Department shall provide the following without cost to the Town of Tillsonburg: a. All GIS mapping for its protection area / response zone boundaries. b. All radio transmitting and receiving equipment, licensing and maintenance of same external to the boundary of the Town of Tillsonburg. c. Routing of Emergency 911 telecommunications from the Public Safety Answering Point (PSAP) and the Central Ambulance Communications Center (CACC) as required to meet the approved fire protection services provided by the Municipality for its fire protection area / response zone boundaries inclusive of all required ANI/ALI, GIS mapping and all site location information so that it is seamlessly transmitted to the Secondary Public Safety Answering Point (SPSAP) serving the Tillsonburg Fire Communications Division. d. The Town of Tillsonburg assumes no responsibility with respect to quality of the data received in sections 9.a., 9.b. and 9.c. Page 285 of 298 Page10of10 SCHEDULE “B” FEES TO BE PAID BY THE MULMUR-MELANCTHON FIRE BOARD TO THE TOWN OF TILLSONBURG 1. The Fee Structure contained within this Agreement is predicated upon the contractual participation of the Mulmur-Melancthon Fire Board for a period of not less than three (3) years starting August 1, 2020. 2. The Mulmur-Melancthon Fire Board Fire Department shall pay to the Town of Tillsonburg an annual fee of $5.19 plus tax (if applicable) per resident person residing within the response area of the Township of Mulmur Melancthon. Quantification shall be based upon the most current Canada census report. For 2020, the population dispatched is 2100. 3. The Mulmur-Melancthon Fire Board shall pay an annual adjustment for years two (2) and three, effective on April 15 of each year. The adjustment shall be based on the year to year unadjusted Consumer Price Index (CPI) (CPI Index-All Items – Ontario) published by Statistics Canada, to a maximum of 5% each year. 4. The Mulmur-Melancthon Fire Board shall tender payment to the Town of Tillsonburg in quarterly installments, to be invoiced by the Town of Tillsonburg four (4) times each year to the Township of Mulmur Melancthon. 5. The Mulmur-Melancthon Fire Board may extend the term of this agreement by one (1) or two (2) years. The Mulmur-Melancthon Fire Board shall pay an annual adjustment for years four (4) and five (5), effective on April 15 of each year. The adjustment shall be based on the year to year unadjusted Consumer Price Index (CPI) (CPI Index- All Items – Ontario) published by Statistics Canada, to a maximum of 5% each year. The index will be from the January posting of the CPI from the current year. 6. The Mulmur-Melancthon Fire Board agrees to pay for costs associated with implementing Next Generation 911 services for the Township of Mulmur Melancthon. These fees will be based on a cost recovery / per capita model if the Mulmur-Melancthon Fire Board is under contract when Next Generation 911 is implemented in Tillsonburg FireComm. The Town of Tillsonburg will work closely with all stakeholders to keep them apprised of anticipated costs and dates. Page 286 of 298 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-___ A BY-LAW to provide for the Adoption of Budgetary Estimates, Tax Rates and to Further Provide for Penalty and Interest in Default of Payment thereof for 2020. WHEREAS Section 290 of the Municipal Act, 2001, S.O. 2001 c.25, as amended, provides that the Council of a local municipality shall prepare and adopt estimates of all sums required during the year for the purposes of the municipality, WHEREAS Section 312 of the said Act provides that the Council of a local municipality shall, after the adoption of estimates for the year, pass a by-law to levy a separate tax rate on the assessment in each property class, and WHEREAS Sections 307 and 308 of the said Act require tax rates to be establ ished in the same proportion to tax ratios; and WHEREAS regulations require reductions in certain tax rates for certain classes or subclasses of property. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. That the budget estimates setting out the revenues and expenditures as detailed in the Business Plans for the year 2020, and endorsed by resolution, January 27th, 2020, raising the following amounts from realty taxation be adopted: a) A general municipal levy of $16,010,700 b) A special levy for core area parking of $140,500 c) A special levy for the Business Improvement Area of $139,450 2. That the tax rates hereby adopted for each class for the year 2020, excluding local improvement rates or other special charges collected as taxes, shall be the tax rates as listed on Schedule “A” attached hereto and forming part of this by- law and the tax rate for each class shall be applied against the whole of the assessment for real property for that particular class and purpose. 3. That every owner shall be taxed according to the tax rates in this by-law. The taxes for a particular property shall be calculated by applying the Current Value Assessment against the tax rates set out and further adjusted as required by the provisions of the Municipal Act, 2001, S.O. 2001. Such taxes shall become due and payable in two installments as follows: Page 287 of 298 By-Law 2020-___ Page 2 of 2 ALL PROPERTY CLASSES: FIRST INSTALMENT: Thursday, August 27, 2020 SECOND INSTALMENT: Thursday, October 22, 2020 Notice of such taxes due shall be sent by first class mail to those persons shown as liable for the payment of taxes. 4. That a charge as a penalty of 1 and 1/4 per cent on the amount of any outstanding taxes levied in 2020 shall be made on the first day of default and on the first day of each calendar month thereafter in which default continues until December 31, 2020, and any such additional amounts shall be levied and collected in the same manner as if they had been originally imposed with and formed part of the taxes levied under this by-law. The penalty charges indicated in this section shall be waived for those taxpayers participating in the Mon thly Preauthorized Payment Programme provided the payments are made as agreed and without default. 5. That interest of 1 and 1/4 per cent on the amount of any taxes due and unpaid after December 31, 2020 shall be charged on the first day of each calendar month thereafter in which default continues. 6. THAT this By-Law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 25th DAY OF MAY, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 25th DAY OF MAY, 2020. ____________________________________ MAYOR – Stephen Molnar ____________________________________ TOWN CLERK – Michelle Smibert Page 288 of 298 By-Law 2020-___ Schedule A 2020 TAX RATES TOTAL BASE RTC/RTQ GENERAL SEWERS COUNTY EDUCATION RATES PARKING B.I.A.TOTAL RT RESIDENTIAL 0.00771027 0.00021334 0.00406550 0.00153000 0.01351911 0.00105207 0.01457118 MT MULTI-RESIDENTIAL 0.01542054 0.00042668 0.00813100 0.00153000 0.02550822 0.00210414 0.02761236 M1 MULTI-RESIDENTIAL AWAITING DEV 0.00771027 0.00021334 0.00166142 0.00068850 0.01027353 0.01027353 CT COMMERCIAL 0.01466339 0.00040573 0.00773177 0.01250000 0.03530089 0.00200082 0.00210649 0.03940820 XT COMMERCIAL NEW CONSTRUCTION 0.01466339 0.00040573 0.00773177 0.00980000 0.03260089 0.00200082 0.00210649 0.03670820 CU EXCESS LAND 0.01026437 0.00028401 0.00541224 0.01250000 0.02846062 0.00140058 0.00147454 0.03133574 CX VACANT LAND 0.01026437 0.00028401 0.00541224 0.01250000 0.02846062 0.00140058 0.00147454 0.03133574 XU COM'L NEW CONST. - EXCESS LAND 0.01026437 0.00028401 0.00541224 0.00980000 0.02576062 0.02576062 IT INDUSTRIAL 0.02027801 0.00056108 0.01069226 0.01250000 0.04403135 0.04403135 JT INDUSTRIAL NEW CONSTRUCTION 0.02027801 0.00056108 0.01069226 0.00980000 0.04133135 0.04133135 IU EXCESS LAND 0.01318071 0.00036470 0.00694998 0.01250000 0.03299539 0.03299539 IX VACANT LAND 0.01318071 0.00036470 0.00694998 0.01250000 0.03299539 0.03299539 LT LARGE INDUSTRIAL 0.02027801 0.00056108 0.01069226 0.01250000 0.04403135 0.04403135 LU EXCESS LAND 0.01318071 0.00036470 0.00694998 0.01250000 0.03299539 0.03299539 PT PIPELINES 0.00970954 0.00026866 0.00511968 0.00980000 0.02489788 0.02489788 FT FARMLAND 0.00167853 0.00004644 0.00088506 0.00038250 0.00299253 0.00299253 R1 FARMLAND DEV PH 1 0.00346962 0.00009600 0.00182947 0.00068850 0.00608359 0.00608359 GT PARKING LOT 0.01466339 0.00040573 0.00773177 0.01250000 0.03530089 0.03530089 Schedule "A " Page 289 of 298 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-___ A BY-LAW to authorize a Memorandum of Understanding Between Tillsonburg Business Improvement Association and The Corporation of the Town of Tillsonburg. AND WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into a Memorandum of Understanding with the Tillsonburg Business Improvement Association. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT the Memorandum of Understanding attached hereto as Schedule “A” forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement on behalf of the Corporation of the Town of Tillsonburg; 3. THAT this By-Law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 25th day of MAY, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 25th day of MAY, 2020. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Michelle Smibert Page 290 of 298 Page 1 of 7 2020 MEMORANDUM OF UNDERSTANDING BETWEEN TILLSONBURG BUSINESS IMPROVEMENT ASSOCIATION AND THE CORPORATION OF THE TOWN OF TILLSONBURG 1.0 STATEMENT OF INTENT: The Town of Tillsonburg (Town); representing the Community at large, and the Downtown Business Improvement Association (BIA); representing the service, industrial, institutional and commercial community in the Downtown Core and enter into the Memorandum of Understanding to establish a working partnership/relationship to further enhance that goal. The BIA Board of Management and Executive Director believes that the BIA can deliver a more robust and higher level of service with the Downtown Core cleanliness, aesthetics and experience and this agreement reflects that commitment. For other services provided including the installation and removal of Christmas lights; banners; and other goods and servicesl the BIA will effect a separate agreement with the party responsible. 2.0 GUIDING PRINCIPLES: The following guiding principles will direct the deliberations of the Town and BIA in achieving that goal. 2.1 Assist business entrepreneurs to establish and thrive in the Core on an ongoing basis. 2.2 Provide through the Town’s Economic Growth Strategy a framework for growth, management and development. 2.3 Initiate improvement projects that will enhance the Community profile of the Core. 2.4 Provide financial incentives and technical resource assistance as requested and/or needed. 2.5 Encourage and support the BIA management board and staff in their endeavours. 2.6 Promote and raise the profile of the Core in surrounding communities as the place to visit and shop. 2.7 Develop plans for continuous improvement of all capital assets and beautifications. 2.8 Coordinate annual operating and capital plans between the parties, where feasible and practical. 2.9 Develop communication protocols and procedures to enhance the effectiveness of BIA operations in the Downtown Core. 2.10 Provide for the annual review of by-laws to ensure consistency between Town and BIA strategic objectives. 2.11 BIA and Town to review and agree upon capital projects prior to the Town’s budget approval by Town Council. 3.0 MANDATES: BIA: Page 291 of 298 Page 2 of 7 The BIA as set out in the Municipal Act, has been established to promote (a) the Core as the major business and shopping area of the Town and (b) the improvement, beautification and maintenance of municipally-owned land, buildings, and structures in the area beyond that provided (incremental to) the expense of the municipality. TOWN: The Town of Tillsonburg, as set out in the Official Plan, is obligated to maintain, develop and create a strong, healthy and vibrant Downtown Core consistent with the Corporate strategic plan and best-practices as demonstrated by similar small urban towns & cities in Canada. 4.0 CONDITIONS PRECEDENT: The parties agree to the following conditions: 4.1 Capital projects of a minor nature as set out above will be the responsibility of the BIA to fund under separate levy subject to a business plan being presented to Council which includes the ongoing operating costs associated therewith. A list of project assets to date is provided in Appendix A. 4.2 Operating costs between the parties will be in accordance with the approved schedule attached as Appendix B. 4.3 Any additional charges or costs other than those contained in this agreement must be agreed to by the parties prior to procurement and/or issuance of a purchase order. 4.4 The approved/budgeted BIA levy is to be paid in 4 equal installments calculated as the approved annual gross levy budget divided by 4. These payments are to be made on: - March 15th June 15th - Sept 15th December 15th 4.5 Any invoiced charges to the BIA must be accompanied with proper back-up documentation including the scope of work and staff time as per this agreement. 4.6 The only deductions to be made from the BIA levy payments are any tax adjustments applicable to the BIA zone. These adjustment(s) must contain the appropriate back- up documentation including property address and roll number. 4.7 Payments for debentures are to be invoiced to the BIA when paid for by the Town. The BIA will pay said debenture payments within 30 days of receipt. 4.8 A BIA representative and the Town’s Revenue Manager are to meet at least twice yearly to review the assessment roll for changes and updates. 4.9 The BIA and Town agree to provide “change of use” information between the parties on an as-needed basis with respect to properties contained within the BIA zone (i.e. a Church no longer be used as a “house of worship”. 4.10 The payment for services provided by the BIA and paid for by the Town are to be billed in 4 equal installments as follows: March 15, 2020 - $10,296.25 June 15, 2020 - $10,296.25 Sept 15, 2020 - $10,296.25 Dec 15, 2020 - $10,296.25 Page 292 of 298 Page 3 of 7 5.0 AMENDMENTS: Amendments to the agreement will require the mutual consent of the parties and will be considered at the annual review meeting to take place in November of each year. The BIA Board of Management must approve all proposed amendments. 6.0 TERMS OF THE AGREEMENT: 6.1 The agreement will be reviewed annually and will be in effect from January 1st to December 31st of each fiscal year. 6.2 The annual review will take place in September of each year and prior to the approval of the Town and BIA budgets for the upcoming fiscal year. TILLSONBURG BUSINESS IMPROVEMENT ASSOCATION __________________________ __________________ By: Date: THE CORPORATION OF THE TOWN OF TILLSONBURG __________________________ __________________ By: Date: __________________________ __________________ By: Date: APPENDIX A: BIA ASSETS 1.0 STREET FURNITURE: 1.1 Benches – cast iron and wood slat construction - 29 1.2 Glass top tables (36” x 36”) – 40 1.3 Glass top side tables (20” x 20”) – 15 1.4 Black aluminum chairs – 160 1.5 Nylon brown chairs - 60 Page 293 of 298 Page 4 of 7 1.6 Hexagon picnic tables - 3 2.0 SMOKING CONTROL: 2.1 Butt stop – stand alone unit – 5 2.2 Butt stop – wall mount – 5 3.0 POTS & PLANTERS: 3.1 Narrow/tall single planter - 24 3.2 Large brown pots – 20 3.3 Square planters - 2 4.0 GARBAGE CONTAINERS: 4.1 Black steel double unit – 11 4.2 Barrel style with red lid – 1 4.3 Rubbermaid – round style with lid – 2 4.4 Rubbermaid – square with lid – 2 4.5 Rubbermaid – square with recycling lid – 1 5.0 SHADE STRUCTURE & SUPPORTS: 5.1 7’ umbella – 55 5.2 9’ umbella – 6 5.3 Umbrella bases – large – 60 5.4 Umbrella bases – small – 24 6.0 OFFICE EQUIPMENT: 6.1 IT – laptop computers – 2 6.2 IT – desktop computers – 2 6.3 IT – colour printers – 2 6.4 IT – iPhones – 2 6.5 IT – label maker – 1 6.6 Furniture – tables – 1 6.7 Furniture – office chairs – 2 6.8 Office miscellaneous – 17 7.0 STREETSCAPE IMPROVEMENTS: 7.1 Broadway node reconstruction circa 2004: 7.1.1 Interlocking stone-works 7.1.2 Cast iron tree grates 7.1.3 Trees 7.1.4 Accessible ramps 7.1.5 Tree guards 7.1.6 Power outlets 7.2 Heritage LED light fixtures circa December 2018: 7.2.1 Contribution to capital cost for procurement differential: ($114,000 comprised of 70 fixtures) Page 294 of 298 Page 5 of 7 APPENDIX B: COST OF SERVICES – OPERATING & CAPITAL TOWN 1.0 BIA COURTESY BENCHES $2,975 Purchase, installation, storage & maintenance of all benches in the BIA zone. Operational responsibility: 100% BIA with the Town paying $2,975 to the BIA annually. 2.0 WASTE & RECYCLE REMOVAL: $9,750 Collect, remove and disposal of waste and recycling in the Downtown Core with the exception of the units Page 295 of 298 Page 6 of 7 located at the Tillsonburg Town Centre Mall. Also the collection, removal and disposal of dumped waste items in Downtown alleys. Operational responsibility: 100% BIA with Town paying $9,750 to the BIA annually. 3.0 LANDSCAPING SERVICES $6,160 Includes maintenance of all downtown flower beds including: Broadway, Ridout, Clock Tower Harvey/Brock parkette Purchase and install all trees, replace damaged or dead trees/foliage. *Note: this does not include the cost of cutting or caring for grassed areas. Remove all weeds from grates, curbs, flower Beds & interlocking stone. Operational responsibility: 100% BIA with Town paying $6,160 to the BIA annually 4.0 WATERING/IRRIGATION $6,530 Includes watering/irrigation of all pots, plants, flower beds, baskets, planter units & urns in the BIA defined zone. Operational responsibility: 100% BIA with Town paying $6,530 to the BIA annually 5.0 STREET SIGNS/BLADES $1,500 100% responsibility of the BIA with The Town providing $1,500 per annum for replacement and/or new street signage. 100% BIA responsibility with the Town paying the BIA $1,500 annually. 6.0 STREETSWEEPING $4,270 The town will use the street-sweeper for large scale sweeping operations as scheduled. The BIA will perform day-to-day sweeping in all downtown areas of the commercial corridor. The Town to provide annual funding of $4,270 representing 50% of the cost of this service. Page 296 of 298 Page 7 of 7 Operational responsibility: 100% town with BIA only paying INCREMENTAL/REQUESTED services above which is provided by the town. 7.0 CAPITAL PROJECTS: $10,000 The Town to provide the BIA with annual funding of $10,000 towards BIA capital projects for the downtown Core area with an equal or greater contribution by the BIA. Note: The BIA has used the 2013 cost platform as the base with a 2.5% annual inflation factor plus adjustment for actual costs experienced in 2019. TOTAL ANNUAL FUNDING FROM THE TOWN TO BIA: $41,185 Page 297 of 298 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-048 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 25th day of May, 2020. 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; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on May 25, 2020, 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 Tillsonburg 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 25th DAY OF MAY, 2020. READ A THIRD AND FINAL TIME AND PASSED THIS 25th DAY OF MAY, 2020. ________________________________ MAYOR – Stephen Molnar _______________________________ TOWN CLERK – Michelle Smibert Page 298 of 298