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11082014 Council MINTown of Tillson burg Minutes of Council Meeting Date: Monday August 11, 2014 6:00PM Council Chambers Chair: Mayor Dave Beres lr- MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private Town'.ofTil;lson.t>urg C~lJ.~itMeetJ.ng ·. on· Monday, Au~~ 1l, 20~4~6t00 PM Cfjai~~~~ Ofders of the Day: ATIENDANCE Mayor Dave Beres Deputy Mayor Mark Renaud Councillor Brenda Carroll Councillor Mel Getty Councillor Chris Rosehart Councillor Brian Stephenson REGRETS Councillor Marty Klein Staff: David Calder, CAO Donna Wilson, Town Clerk Darrell Eddington, Director of Finance Kevin De Leebeeck, Manager of Engineering Rick Cox, Director of Parks and Recreation Services Eric Gilbert, Development Planner Jeff Bunn, Deputy Clerk CALL TO ORDER The meeting was called to order at 6:00 p.m. ADOPTION OF AGENDA Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT the Agenda as prepared for the Council Meeting of August 11, 2014, be adopted. Carried. CLOSED MEETING SESSION 081114 Page 1 MINUTES: Meeting for the Committee "Open Council" Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council move into Closed Session to consider: 1. a proposed or pending acquisition or disposition of land by the municipality or local board (Broadway). 2. personal matters about an identifiable individual, including municipal or local board employees (Parks and Recreation Services). Carried. MOMENT OF REFLECTION ITEMS OF PUBLIC INTEREST DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF Mayor Beres declared a disclosure of pecuniary interest for item number 21, as it relates to his business. MINUTES & BUSINESS ARISING OUT OF THE MINUTES Minutes of the Meeting of July 14, 2014 Cfl Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT the Minutes of the Council Meeting of July 14, 2014, be approved. Carried. DELEGATIONS 1. Royal Canadian Legion Presented By: Robert Marsden, C.E.T. .... ··~ Royal Canadian Legion's Request.pdf Mr. Marsden was in attendance to seek permission to add "Afghanistan" to the Battle of Honours already listed on the Town Centre Cenotaph. "Afghanistan" will be located on the west side of the Cenotaph. Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT Council approves the Royal Canadian Legion Branch 153 Tillsonburg's request to add "Afghanistan" to the Battle of Honours listed on the Town Centre Cenotaph. Carried. Page 2 MINUTES: Meeting for the Committee "Open Council" PUBLIC MEETINGS The Deputy Mayor assumed the Chair at 6:09p.m. 2. Committee of Adjustment Application A-07/14 (18 Colin Avenue) Presented By: Eric Gilbert, Development Planner liD'"'-~ .. lo.. )- A-07-14 Notice of Public Hearing.pdf Report A07 -14. pdf Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Application A-07/14 Opportunity was given for comments and questions. No one appeared in support, or opposition to the application. The Committee of Adjustment passed the following resolution: Moved By: Councillor Stephenson Seconded By: Councillor Carroll That the Town of Tillsonburg Committee of Adjustment approve Application File A 07/14, submitted by Ric Leuszler, for lands described as Lot 8, Plan 41M-286 in the Town of Tillsonburg as it relates to: 1. Relief from Section 7.2, Low Density Residential Type 2 Zone Provisions (R2) -Lot Coverage, to increase the maximum permitted lot coverage from 42% to 44% to facilitate the construction of a detached accessory building, Subject to the following condition: I. A building permit for the detached accessory building shall be issued within one year of the date of the Committee's decision. Carried. 3. Application for Zone Change ZN 7-14-04 (519 Broadway Street) Presented By: Eric Gilbert, Development Planner IDL.. )- Report OP 14-05-7 & ZN 7-14-04.pdf DilL.. ---;_ Public Notice OP 14-05-7 & ZN 7-14-04 (519 Broadway Street).pdf Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Page 3 MINUTES: Meeting for the Committee "Open Council" Application ZN 7-14-04 Opportunity was given for comments and questions. Lisa Gilvesy was in attendance to speak as legal council and agent on behalf of the applicant. Ms. Gilvesy spoke to the desire and benefits to reinvigorate 519 Broadway Street. Richard Wood of Royal LePage was in attendance to speak as the applicants Real Estate agent. Mr. Wood shared with Council a review of local real estate opportunities in the area and the particular property is optimal for the proposed use. Dr. Gary Nelles spoke to Council in support of his application. No other person spoke to the matter. Council defeated the following resolution: Moved By: Councillor Stephenson Seconded By: Councillor Carroll THAT Council of the Town of Tillson burg not support the application to amend the Oxford County Official Plan (File No. OP 14-05-7) as submitted by 2319929 Ontario Inc., for lands located at 519 Broadway Street, in the Town of Tillsonburg to establish a special development policy to permit a medical centre as an additional permitted use on the Service Commercial designated lands; AND THAT Council deny the zone change application submitted by 2319929 Ontario Inc., whereby the lands described as Part Lot 34, Plan 551, Town of Tillson burg, known municipally as 519 Broadway are to be rezoned from Service Commercial Zone (SC) to Special Service Commercial Zone (SC-sp). Defeated. Council passed the following resolution: Moved By: Mayor Bares Seconded By: Councillor Stephenson THAT Council of the Town of Tillsonburg support the application to amend the Oxford County Official Plan (File No. OP 14-05-7) as submitted by 2319929 Ontario Inc., for lands located at 519 Broadway Street, in the Town of Tillsonburg to establish a special development policy to permit a medical centre as an additional permitted use on the Service Commercial designated lands; AND THAT Council approve in principle the zone change application submitted by 2319929 Ontario Inc., whereby the lands described as Part Lot 34, Plan 551, Town of Tillsonburg, known municipally as 519 Broadway are to be rezoned from Service Commercial Zone (SC) to Special Service Commercial Zone (SC-sp). Carried. Mayor Beres reassumed the Chair at 7:09p.m. DELEGATIONS Page4 MINUTES: Meeting for the Committee "Open Council" Take back the Night Linda Smith was in attendance to share with Council the "Take back the Night" event that is to be held in Tillsonburg on September 18, 2014 at 7:00 p.m. at the Tillsonburg Clock Tower. "Take back the Night" marches are in response to crimes against women, specifically sexual assaults. INFORMATION ITEMS 4. AMO 2014 Provincial Budget ell 5. Candidate Information Session News Release ~ 6. Letter from Ernie Hardeman, M.P.P. Re Update and Invitation CJ 7. The Association for the Protection of Fur-Bearing Animals CJ 8. The College of Physicians and Surgeons of Ontario Re Physician Award Nominations l::J QUARTERLY REPORTS 9. FIN 14-31 2014 Second Quarter Financial Results [;) Presented By: Darrell Eddington, Director of Finance Moved By: Councillor Carroll Seconded By: Councillor Stephenson THAT Council receives Report FIN 14-31 2014 Second Quarter Financial Results as information. Carried. 10. FIN 14-32 2014 Second Quarter Finance Department Results [) Presented By: Darrell Eddington, Director of Finance Moved By: Councillor Carroll Seconded By: Councillor Stephenson THAT Council receives Report FIN 14-32 2014 Second Quarter Finance Department Results as information. Carried. 11. DCS 14-35 Economic Development Second Quarter Report [3 Page 5 MINUTES: Meeting for the Committee "Open Council" Presented By: David Calder, CAO Moved By: Deputy Mayor Renaud Seconded By: Councillor Carroll THAT Council receive Report DCS 14-35 Second Quarter Economic Development Results as information. Carried. 12. FRS 14-07 Second Quarter Fire & Rescue Services Results CJ Presented By: Jeff Smith, Fire Chief Moved By: Deputy Mayor Renaud Seconded By: Councillor Carroll THAT Council receives Report FRS 14-07 Second Quarter Fire & Rescue Services Results as information. Carried. 13. OPS 14-14 Second Quarter Operations Services Report CJ Presented By: Kevin De Leebeeck, P.Eng., Manager of Engineering Moved By: Deputy Mayor Renaud Seconded By: Councillor Carroll THAT Council receives Report OPS 14-14, Second Quarter Operations Services as information. Carried. 14. PRS 14-26 Second Quarter 2014 PRS Department Results [d) Presented By: Rick Cox, Director of Parks and Recreation Services Moved By: Deputy Mayor Renaud Seconded By: Councillor Carroll THAT Council receives Report PRS 14-26 Second Quarter Parks and Recreation Services Results as information. Carried. FINANCE 15. FIN 14-35 Human Resources Key Performance Indices ~ Presented By: Darrell Eddington, Director of Finance Page 6 MINUTES: Meeting for the Committee "Open Council" Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT Council receives Report FIN 14 Human Resources Key Performance Indices as information. Carried. 16. FIN 14-34 Ceridian Amended Agreement 1J! Presented By: Darrell Eddington, Director of Finance Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT Council receives Report FIN 14-34 Ceridian Amended Agreement; AND THAT By-Law 3841 be brought forward for Council consideration. Carried. 17. FIN 14-33 IT Work Plan Update b:J Presented By: Darrell Eddington, Director of Finance Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT Council receives Report FIN 14-33 IT Work Plan Update as information. Carried. 18. FIN 14-30 Development Charges By-Law Amendment [) Presented By: Darrell Eddington, Director of Finance Moved By: Councillor Stephenson Seconded By: Councillor Carroll THAT Council receive Report FIN 14-30 Development Charges By-Law Amendment; AND THAT Council directs that the Development Charge By-Law 3827 be brought forward for amendment consideration to prescribe the treatment of Model Homes; AND THAT a Public Meeting be called on September 8, 2014 to address issues of the change. Carried. 19. FIN 14-27 Audit Services Proposals CJ Page 7 MINUTES: Meeting for the Committee "Open Council" Presented By: Darrell Eddington, Director of Finance Moved By: Councillor Stephenson Seconded By: Councillor Carroll THAT Council receive Report FIN 14-27 Audit Services Proposals; AND THAT Council approves Scrimgeour & Company as the Town's auditor for the years ending December 31, 2014 through to December 31, 2018. Carried. OPERATIONS 20. OPS 14-15 Fleet Sidewalk Tractor Tender Report ~ Presented By: Kevin De Leebeeck, P.Eng., Manager of Engineering Moved By: Councillor Carroll Seconded By: Councillor Stephenson THAT Council receives Report OPS 14-15, Tender Results for the Sidewalk Tractor; AND THAT Council accepts the lowest bid and authorizes the purchase of a new sidewalk tractor, with the automatic greasing system option for $2,995, from Trackless Vehicles at tender price of $115,500 all plus applicable taxes. Carried. PARKS & RECREATION SERVICES The Mayor excused himself at 8:07 p.m. in respect of his declaration of pecuniary interest to item 21. The Deputy Mayor assumed the role of Chair. 21. PRS 14-28 Concession and Skate Shop Renewals L1 Presented By: Rick Cox, Director of Parks and Recreation Services Questions were raised as to why inflation was not considered in the 4 year contract. Staff were directed to extend the current vendors contracts for one year and pursue the tendering of these services. Moved By: Councillor Carroll Seconded By: Councillor Stephenson THAT Council receive Report PRS 14-28 Concession and Skate Shop Renewals for information; AND THAT the existing vendors The Tillsonburg Skate Shop and Beres Catering be renewed at their current terms until August 31, 2018. Page 8 MINUTES: Meeting for the Committee "Open Council" Defeated. Motion: Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT Council receive Report PRS 14-28 Concession and Skate Shop Renewals for information; AND THAT the existing vendors The Tillsonburg Skate Shop and Beres Catering be renewed at their current terms until August 31, 2015. Carried. The Mayor assumed his seat as Chair at 8:15p.m. 22. PRS 14-31 Tillsonburg Cemetery Columbarium Tender Results [JJ Presented By: Rick Cox, Director of Parks and Recreation Services Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT Council receives Report PRS 14-31 Tillsonburg Cemetery Columbarium Tender Results for information; AND THAT Council award the contract to CFC Supply at a tendered cost of $17,280.00 plus H.S.T. Carried. STAFF INFORMATION REPORTS 23. PRS 14-29 F.A.R.E. Program Update (Fee Assisted Recreational Experiences) [) Presented By: Rick Cox, Director of Parks and Recreation Services Staff to investigate options for 'adopt a family' programs to assist local families. Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT Council receives Report PRS 14-29 FARE. Program Update (Fee Assisted Recreational Experiences) for information. Carried. NOTICE OF MOTION Page 9 \ ) . ' MINUTES: Meeting for the Committee "Open Council" BY-LAWS 24. By-Laws for the Meeting of August 11, 2014 Moved By: Deputy Mayor Renaud Seconded By: Councillor Carroll THAT By-Law 3841, to Authorize an Amending Agreement Between the Corporation of the Town of Tillsonburg and Ceridian Canada Ltd.[J}; and By-law 3843, to confirm the proceedings of Council at its meetings held on the 11th day of August, 2014, be read for a first and second time and this constitutes the first and second reading thereof. [;) Carried. Moved By: Deputy Mayor Renaud Seconded By: Councillor Carroll THAT By-Law 3841, to Authorize an Amending Agreement Between the Corporation of the Town of Tillsonburg and Ceridian Canada Ltd. CJ; and By-law 3843, to confirm the proceedings of Council at its meetings held on the 11th day of August, 2014, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. [J Carried. ADJOURNMENT Moved By: Councillor Carroll THAT the meeting be adjourned at 8:32PM Carried. Approval Received: (0 of 1) Donna Wilson!Tillsonburg (Wednesday August 13, 2014 08:18AM) Town of Tillsonburg Page 10 MINUTES: Meeting for the Committee "Open Council" Review Access: e Public 0 Private MIN tilES Town of l"illsonburrg Open Council on Monday, Jt~ly 14, 2014 6:00 PM Council Chambers Clnair: Mayor Dave Beres Orders of the Day: AITENDANCE Mayor Dave Beres Deputy Mayor Mark Renaud Councillor Brenda Carroll Councillor Mel Getty Councillor Marty Klein Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Darrell Eddington, Director of Finance Kevin De Leebeeck, Manager of Engineering Rick Cox, Director of Parks and Recreation Services Jeff Bunn, Deputy Clerk CALL TO ORDER The meeting was called to order at 6:00 p.m. ADOPTION OF AGENDA Moved By: Councillor Rosehart Seconded By: Councillor Getty THAT the Agenda as prepared for the Council Meeting of July 14, 2014, be adopted. Carried. MOMENT OF REFLECTION ITEMS OF PUBLIC INTEREST 14/07/2014 07142014 Staff to investigate the property maintenance of the abandoned gas station on Simcoe Street Page 1 MINUTES: Meeting for the Committee "Open Council" 4. Neighbourhood Watch Presented By: Mark Cheron Mr. Cheron was in attendance to speak to Council regarding the creation of a Tillsonburg Neighbourhood Watch. A petition with 60 signatures of property owners was provided to Council. The item was referred to the Police Services Board. PUBLIC MEETINGS Council moved into the Committee of Adjustment. Deputy Mayor Mark Renaud assumed the Chair at 7:04 p.m. 5. Committee of Adjustment APPlication A-06/14 -71 Frank Street i) Presented By: Eric Gilbert, Development Planner Mr. Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented Application A-06/14 Opportunity was given for comments and questions. No one appeared in support, or opposition to the application. The Committee of Adjustment passed the following resolution: Moved By: Councillor Getty Seconded By: Councillor Rosehart THAT the Town of Tillsonburg Committee of Adjustment approve Application File A-06/14, submitted by Nancy Gowette, for lands described as Part Lot 538, Plan 500, Town of Tillson burg, as it relates to: 1. Relief from Section 6.2, Low Density Residential Type 1 Zone Provisions, to increase the maximum permitted lot coverage from 33% to 36.3% to facilitate the construction of a single detached dwelling on the subject lands. Subject to the following condition: i. A building permit for the single detached dwelling shall be issued within one year of the date of the Committee's decision. As the proposed variance is: (i) a minor variance from the provisions of the Town of Tillson burg Zoning By-law No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By-law No. 3295; and (iv) in-keeping with the general intent and purpose of the Official Plan. Carried. Page 3 ) MINUTES: Meeting for the Committee "Open Council" INFORMATION ITEMS 7. AMO-Report on Nominations 2014 f1ll 8. AMO Ontario Speech from the Throne Delivered Today in the Legislature ~ 9. AMO New Provincial Cabinet Named ~ 10. Door-to-Door Sales in Tillsonburg [Jl 11. Friends of the Earth -Welfare of Honey Bees ~ 12. Letter to Call for Formation of Small and Rural School Alliance IYl m 13. Successful OTF Grant Application MEMO-Council re successful grant application.pdf FINANCE 14. FIN 14-28 QCsolver ~ Presented By: Darrell Eddington, Director of Finance A staff report was requested regarding the Town's centralized procurement process, and further information regarding QCsolver insurance liability coverage. Moved By: Councillor Stephenson Seconded By: Councillor Carroll THAT Council receive Report FIN 14-28 QCsolver; And THAT Council defers the use of QCsolver software as the Town's on-line vendor registration and risk management tool until a report can be brought from staff to the last meeting in September. Carried. 15. FIN 14-29 Ceridian Dayforce Human Capital Management Proposal iY) Presented By: Darrell Eddington, Director of Finance Moved By: Councillor Carroll Seconded By: Councillor Klein THAT Council receive Report FIN 14-29 Ceridian/Dayforce Human Capital Management Proposal; Page 5 ) MINUTES: Meeting for the Committee "Open Council" BY-LAWS 18. By-Laws for the Meeting of July 14, 2014 Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT By-Law 3839, to confirm the proceedings of Council at its meetings held on the 14th day of July, 2014 be read a first and second time and this constitutes the first and second reading thereof. l!il Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein THAT By-Law 3839, to confirm the proceedings of Council at its meetings held on the 14th day of July, 2014 be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. Carried. ADJOURNMENT Moved By: Councillor Klein THAT the meeting be adjourned at 8:49 PM Carried. Approval Received: (1 of 1) Jeff Bunn!Tillsonburg (Wednesday July 16, 2014 08:29AM) Town of Tillson burg Page 7 ) Community and Strategic Planning P. 0 . Box 1614, Woodstock Ontario N4S 7Y3 Phone: 519-539-9800 • Fax: 519-537-5513 Web site: www.oxfordcountv.ca Our File: A 07/14 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment OWNER: Ric Leuszler 18 Colin Ave Tillsonburg ON N4G OE5 VARIANCE REQUESTED: MEETING: REPORT NO: August 11,2014 2014-202 Relief from Section 7.2, Low Density Residential Type 2 Zone Provisions (R2) -Lot Coverage, to increase the maximum permitted lot coverage from 42% to 44% to facilitate the construction of a detached accessory building . LOCATION: The subject property is described as Lot 8, Plan 41 M-286 in the Town of Tillsonburg. The lands are located on the north side of Colin Avenue, between Quarter Town Line Road and Trottier Drive, and are municipally known as 18 Colin Avenue. BACKGROUND INFORMATION: OFFICIAL PLAN : TOWN OF TILLSONBURG ZONING BY-LAW: SURROUNDING USES: COMMENTS: (a) Purpose of the Application: Low Density Residential Special Low Density Residential Type 2 Zone (R2-9) Surrounding uses include single detached dwellings and vacant residential land. The applicant proposes to obtain relief from the above-noted section of the Tillsonburg Zoning By-law to facilitate the construction of a detached accessory building having an approximate size of 13 m2 ( 140 ff). Assessment records indicate the property has an approximate area of 505 m2 (5,436 ft\ A single detached dwelling with a gross floor area of 208.2 m2 (2,241 ff) has been recently constructed. File No. A 07/14 (e) Desirable Development/Use: Report No. 2014-202 Page 3 The applicant proposes to construct a detached accessory building (10' x 14') with a proposed lot coverage slightly greater than what is permitted by the zoning provisions and a previous minor variance granted for the subject property. Public notification of the application for minor variance was circulated to surrounding property owners on July 22, 2014. As of the writing of this planning report, no correspondence has been received from the public. As noted, the increased lot coverage is not anticipated to have adverse impacts to the neighbouring land uses or the lot grading and drainage pattern of the subject property. If approved, the increased lot coverage would not establish an undesirable precedent for this neighbourhood or elsewhere in the Town as no negative impacts expected to the overall Jot grading plan of the subdivision and individual lot grading plan for the subject property. Therefore, the applicant's request can be considered desirable for the intended residential use of this property. RECOMMENDATION That the Town of Tilfsonburg Committee of Adjustment approve Application Fife A 07/14, submitted by Ric Leuszler, for lands described as Lot 8, Plan 41 M-286 in the Town of Tillsonburg as it relates to: 1. Relief from Section 7.2, Low Density Residential Type 2 Zone Provisions (R2) -Lot Coverage, to increase the maximum permitted lot coverage from 42% to 44% to facilitate the construction of a detached accessory building, Subject to the following condition: I. A building permit for the detached accessory building shall be issued within one year of the date of the Committee's decision. Authored by: original signed by Eric Gilbert, MCIP RPP, Development Planner Approved by: original signed by Gordon K. Hough, MCIP, RPP, Director EG July 27, 2014 ~~-'OrdCount}!. ~~owing stronger. .. together 0 25 NAD_1983_UTM_Zone_17N Plate 2-Close-up of Subject Property with 2010 Air-Photo File No.: A-07/14-Ric Leuszler Lot 8, Plan 41 M-286, Town of Tillsonburg-18 Colin Avenue 51 Meters 0 This map is a user generated static output from an Internet mapping s~e and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey January 21 , 2014 Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Woodlands (From OP) Environmental Protection/Flood ~ Flood Fringe w. :::;:: ;;;;;; ~:~ Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Li + t 100 Year Flood Line o1o. 30 Metre Setback e e Conservation Authority Regulation U e e Regulatory Flood And Fill Lines Zoning (Displays 1 : 16000 to H Road Restriction/Closures Site Photos A-07/14 (Ric Leuszler) Figure 1 -View of Dwelling on Subject Lands Figure 2-View of western side of Dwelling on Subject Lands abc{qrdCount~ fl· growing stronger. .. together Report No: CASPO 2014-208 COMMUNITY AND STRATEGIC PLANNING Council Date: August 11, 2014 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Development Planner, Community and Strategic Planning Applications for Official Plan Amendment & Zone Change OP 14-05-7 & ZN 7-14-04-2319929 Ontario Inc. REPORT HIGHLIGHTS • The applications for Official Plan amendment and zone change propose to create a special policy area and rezone the subject property to 'Special Service Commercial Zone (SC-special)' to include a medical centre as an additional permitted use on the property. • The medical centre is proposed to be located within the existing commercial building. No exterior changes are proposed. • Planning staff are recommending that the application not be supported, as it does not maintain the strategic goal of the Official Plan to encourage commercial uses, including medical centres, to be located in the Central Area of the downtown. DISCUSSION Background OWNER: 2319929 Ontario Inc. 75 Kingsmill Street, Fort Erie ON L2A 4E5 AGENT: Lisa Gilvesy, Jenkins & Gilvesy P.O. Box 280, Tillsonburg ON N4G 4H5 LOCATION: The subject property is described as Part Lot 34 , Plan 551, in the Town of Tillson burg . The lands are located on the south west corner of Broadway and Carolina Street, and are municipally known as 519 Broadway Street. COUNTY OF OXFORD OFFICIAL PLAN: Schedule "T-1" Town of Tillsonburg Land Use Plan Service Commercial Special Policy Area Page 1 of 7 Report No: CASPO 2014-208 COMMUNITY AND STRATEGIC PLANNING Council Date: August 11, 2014 economic activities and ancillary uses and take into account the needs of existing and future businesses; planning for, protecting and preserving employment areas for current and future uses; and ensuring the necessary infrastructure is provided to support current and projected needs. OFFICIAL PLAN: The subject lands are designated 'Service Commercial' according to the Land Use Plan for the Town of Tillsonburg, as contained in the Official Plan. Areas designated for Service Commercial use are intended to provide for a broad range of commercial uses that, for the most part, are not suited to locations within the Central Area because of their site area, access or exposure requirements or due to incompatibility or land use conflicts with residential development. Generally, Service Commercial uses cater to vehicular traffic and single-purpose shopping trips where customers are typically generated from passing traffic or a wide ranging market area. Service Commercial uses will have access to an arterial or collector road. New uses permitted within the Service Commercial designation include video rental establishments, commercial recreational establishments, automotive service stations, gas bars, car wash facilities, retail sales or automotive supplies, automated teller machines or kiosks, tourist information outlets or kiosks, hotel, motels, automotive services, automotive dealerships, building supply outlets and hardware stores, nurseries and garden centres, animal hospitals and boarding kennels, assembly halls and private clubs, personal services, convenience commercial uses, retail food stores, recreation and entertainment uses, restaurants, uses which require large areas for on-site storage of goods or vehicles and other types of commercial uses that offer service to the travelling public, business and industry. The scale of uses within the Service Commercial designation will generally range from 3,500 fe (325 m2) to 50,000 tr (4,645 m2). Uses of less than 3,500 ff (325 m2) will be encouraged to locate in the Central Area, where appropriate. The vision of the Central Area as articulated in the Official Plan is for a multi-functional core, serving as the business, cultural and administrative centre of the Town with sub areas to increase the diversity of activities to increase the number of people living and working in the Central Area over the Downtown. It is intended that the retail function of the Central Area is to be promoted by continuing to permit a full range of uses in the commercial core, while limiting the type, size, and scale of retail uses which are permitted outside the commercial core through the Zoning By-Law. With respect to office and business/professional uses, Section 8.3.2.2.2 of the Official Plan directs that a strategic initiative of the Town is to ensure that the primary employment function of the Central Area is maintained. This is facilitated by the identification of the Entrepreneurial District, which permits the conversion of residences for offices, business, health care and personal services, and limiting the type, size and scale of major office, cultural and public administrative buildings outside the Central Area through the Zoning By-law. Page 3 of 7 Report No: CASPO 2014-208 COMMUNITY AND STRATEGIC PLANNING Council Date: August 11, 2014 The Town Development Commissioner provided the following comments: "Downtown Tillsonburg's limited offering in terms of investment properties is leading to increased pressure for companies to consider locations outside the downtown core. From an Economic Development perspective, one could argue that this is a natural outcome of a successful downtown and that, where suitable, limited expansions in the uses permitted outside of the downtown, could be permitted to support business growth, investment and job creation. However, provisions related to these expanded uses should be clear such that the conditions for a mass exodus from the Downtown core are not enabled." Town of Tillsonburg Fire & Rescue Services indicated they have no comments or concerns regarding this application. Bell Canada indicated that a detailed review of the Official Plan Amendment and Zoning By-law amendment application has been completed and an easement may be required to service the subject property, depending on a review of more detailed applications under the Planning Act. Please be advised that Bell Canada requests to be circulated on any future site plan or any other development application that is proposed to implement the subject Official Plan amendment and Zoning By-law Amendment. Through these processes, Bell Canada will provide a more detailed review and comments with respect to any requirements Bell Canada may have to service the subject property. PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application were circulated to surrounding property owners on two occasions, July 15, 2014 & July 28, 2014. At the time this report was written, no comments or concerns had been received from the public. Planning Analysis The application for Official Plan Amendment and Zone Change proposes to permit a medical centre on the subject lands on a site specific basis. The applicant has provided a justification letter, attached to this report for the request. The provided justification indicates that the medical practitioner's current location in the downtown is too small, lacks adequate parking, is not sufficiently accessible for elderly patients and patients with a mobility device, and other properties for sale in the downtown or in existing service commercial plazas are not available. The policy framework for employment areas in Tillsonburg as contained in the Official Plan is designed to ensure that the Central Area of the Town, encompassing the Central Business District and the Entrepreneurial District, remains as the most functionally diverse area of the Town and will serve as the primary business, cultural, and administrative centre within the Town. Supporting elements of the policy framework include Official Plan policies directing business, professional, retail and other uses to the Central Area first, and limiting the proliferation of these uses elsewhere in the Town. It is clear that the Official Plan's strategic goal is to provide a range of locations for new or expanded retail facilities within the Central Area, wherever possible and practical. New Page 5 of 7 ) 2. Report No: CASPO 2014-208 COMMUNITY AND STRATEGIC PLANNING Council Date: August 11,2014 It is recommended that the Council of the Town of Tillsonburg deny the zone change application submitted by 2319929 Ontario Inc., whereby the lands described as Part Lot 34, Plan 551, Town of Tillsonburg, known municipally as 519 Broadway are to be rezoned from Service Commercial Zone (SC) to Special Service Commercial Zone (SC-sp). SIGNATURES Authored by: Approved for submission: Eric Gilbert, MCIP RPP, Development Planner Gordon K. Hough, MCIP, RPP Director Page 7 of 7 ordCount}! ~\ growing stronger. .. together 0 6 NAD_1983_UTM_Zone_17N Plate 2: 2010 Air Photo File No. OP ·14-05-7 & ZN 7-14-04-2319929 Ontario Inc. Part Lot 34, Plan 551 ,Town of Tillsonburg-519 Broadway 13Meters 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 Parcel Lines -Property Boundary Assessment Boundary -Unit -Road -Municipal Boundary Environmental Protection/Flood Overlay ~ Flood Fringe ~ Floodway ~ Environmental Protection (EP1) ~\' Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) Road Restriction/Closures 0 June 27, 2014 .___ ....... """''-· _..._. ·;:...· ---"-' -""----~---"---' Plate 4: Applicant's Sketch File No. OP 14-05-7 & ZN 7-14-04-2319929 Ontario Inc. Part Lot 34, Plan 551,Town ofTillsonburg-519 Broadway s-rR£f.-r ~/.P.OLINA ~ ~ '*' (20.117 WIDE -REGIS1ERED PLANS 551 AND M-51) g I N52"21"30"E ~~ N 52" 21' 30" E 25.39 >-+--< 15.24 l !;; "' 1?¢, z "'?.~ ~ I 0 0 1..\) .., "' 0 I "' "' 0 0 r 0 ... l\) 0 :..; _, 0: -· ----- .,... -I~ 1..():6 17 0 I ~ ~ "' ... "' 0 0 ,_ ~0 I ,., o3 -1 0: ----I ~r C\.l "' \7 : z: 1..0"' <t: :g I~ z -1 <0 0.., "' 0 I~ 0 0 r. 03 _,a: ----- 0 ~ l.t.l 0::: (f) I l.t.l l\) 0: r :;;: Ln I~ !;; ~ '"1'-j-/~ "'-J <i).-1. l 'is7~~ ~ T""' 1fl.~ l\) 1..\) d z: ~ z: -<1; I _] 0.., ~ 8 0 0 hl 3 0: 0::: b..l r Ln C3 b .. l 0::: , .... LO"T ;i N 52" 13' oo• E Lo-r 1 STOREY BUILDING STUCCO SJDING 34 Lo-r 34 40.60 --7-:J-- P.I.N. 00026 -0249 JUDG£'S PLAN R£GJS"T.E:R£D ~ b ,.., ~ ;... ,.., z fii 0 z )-"' "' z ~ 0 ;!:: .... I= .... ,. ~ .; f ~ ~ "' iE 0 li' "' :::> 0 ! )-. -<1; 3 0 -<1; 0 0::: m ..,. 8 ~ :..; ii: PART OF LOT 34 REGISTERED PLAN No. 551 TOWN OF ~LLSONBURG COUNTY OF OXFORD '-..... --' SCALE 1:300 10 1S ME1RES 20 METRIC ~~~Nc~.:Do~ ~ET1H~~ 6~~~N~Ri~N oM3~~s AND CAN KIM HUSTED SURVEYING LTD. SURVEYOR'S CERllFICA TE I CERllfY 1HAT (1.) -1HIS SKETCH WAS PREPARED FROM FIELD WORK COMP~LETED ON JUNE 18, 2014 ~ ~~~~~ ---. -Q __ DA1E S. USTED ONTAR 0 LAND SURVEYOR NOTES (1) -AREA OF EXISllNG BUILDING = 319.2 SQUARE MEllRES (2) -AREA OF SUBJECT PROPERTY = 1916.6 SQUARE MEllRES (3) -LOT COVERAGE -16.7" ~ r.nPWir.lo!T ?n1.1, I(JU Iolii~ q IJl\&Vtlllll: I 1T\ OP 14-05-7 & ZN 7-14-04-2319929 Ontario Inc. Site Photos Figure 3-View of Subject Lands (Facing South from Carolina Street) PUBLIC NOTICE pursuant to Sections17(15) and 34(12) of the Planning Act, R.S.O. 1990 as amended APPLICATIONS FOR OFFICIAL PLAN AMENDMENT AND ZONE CHANGE County of Oxford P.O. Box 1614, 21 Reeve Street Woodstock, Ontario N4S 7Y3 Telephone: (519) 539-9800 DATE: July28, 2014 TOWN OF TILLSONBURG 200 Broadway, 2nd Floor Tillsonburg, Ontario N4G 5A7 Telephone: (519) 842-9200 FILE: OP 14-05-7 & ZN 7-14~04-2319929 Ontario Inc. Purpose and Effect of the Proposed Official Plan Amendment and Zoning By-Law Amendment The intent of the Official Plan Amendment is to implement site specific policies in order to permit a medical centre on the subject lands. The purpose ofthe Zone Change application is to rezone the subject lands from 'Service Commercial Zone {SC)' to 'Special Service Commercial Zone (SC-19)' in order to permit a medical/ centre in addition to ftle existing list of permitted uses. The lands are located on the west side of Broadway Street and south side of Carolina Street and are legally described as Part Lot 34, Plan 551, in the Town of Tillsonburg. The lands are municipally known as 519 Broadway Street. Public Meeting The Council of the Town of Tillsonburg will hold a public meeting to consider the proposed Zoning By-Law amendment and official plan amendment on: Date: Time: Place: Monday,August11,2014 6:00PM I ~ Town Council Chambers; 200 Broadway, 2nd Floor Town Centre Mall, Tillsonburg The Council of the County of Oxford will hold a public meeting to consider the proposed Official Plan amendment on: Date: Time: Place: VVednesday,SephKnber10,2014 9:30AM Council Chamber, Oxford County Administration Building 21 Reeve Street, VVOOdstock, Ontario .... Please be advised that.a sign language interpreter is available to attend the Public Meeting held at the County of Oxford. Where the services of a sign language interpreter are required, arrangements must be made with the Community and Strategic Planning Office at least seven (7) days in advance of the meeting. You can contact the Community and Strategic Planning Office at 519-539-9800 or via e-mail at planning@oxfordcountv.ca You are invited to atterid the public meetings, and we would welcome your comments or suggestions either in writing or presented in person at the meetings. other Planning Act Applications: None Please be advised that Council may approve, modify or refuse the requested Official Plan amendment or zone change at the meeting. If you do not attend or are not represented at the meeting, Council may proceed and may not advise you of any proposed modifications. If an Official Plan amendment or by-law is approved, notice of passing of the amendment or by-law will be mailed or published in a local newspaper. If a person or public body that files an appeal of a decision of the County of Oxford I Town of Tillsonburg in respect of the proposed Official Plan amendment or zoning by-law does not make oral submissions at a public meeting or make written submissions to the County of Oxford I Town of Tillsonburg before the proposed Official Plan amendment or zoning by-law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. Additional information relating to the proposed applications is available for inspection between 8:30-4:30 p.m., Monday to Friday, at the County of Oxford Community & Strategic Planning Office, Woodstock. If you have any questions regarding the above-noted applications, please contact Eric Gilbert, Development Planner, Community & strategic Planning Office (539-0015 x3216). Written comments may be forwarded to the address below or emailed to: planning@oxfordcountv.ca Please include the applicant's name and our File Number on all correspondence. /vi Yoo~'ftJ; Gordon K Hough, MCIP, RPP Director Community and Strategic Planning Office County of Oxford P.O. Box 1614, 21 Reeve Street Woodstock ON N4S 7Y3 Telephone: 519-539-9800; Fax 519-421-4712 TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL July 14, 2014 The 2014 Provincial Budget Today the Honourable Charles Sousa, Minister of Finance, reintroduced the Provincial Budget for 2014. The Budget was first introduced on May 1, 2014 prior to the dissolution of the Legislature for the 41st Ontario general election. This second introduction makes the same spending commitments as the first. It contains initiatives that are both good and bad for municipal governments. Highlights include the following: Good ideas: • Significant Infrastructure Investments -The budget includes a 1 0-year $130 billion commitment to infrastructure investment. The Province's matching funds to the federal Building Canada Fund are included along with the following new municipal components: • Public Transit and Transportation Infrastructure-Of the above total, $28.9 billion over the next 10 years will be dedicated to public transit and transportation. This includes $15 billion for the GTHA and $13.9 billion for investments in the rest of the province. In 2014-15 this represents $3.3 billion ($1.7 billion in the GTHA and $1.6 billion outside the GTHA). Further discussions on the how and when of these allocations will occur in the future. Municipalities appreciate the focus on infrastructure. Communities outside of the GTHA need clarity on the criteria for putting projects forward. AMO looks forward to working with the government on these programs and those listed below. • A Permanent Infrastructure Fund for Roads and Bridges -The budget delivers a $100 million annual fund for "critical projects in communities with challenging fiscal circumstances". It will include application and formula-based funding for municipalities. It will move towards a fully formula-based funding model over time. No other details regarding eligibility are provided in the budget. This honours a longstanding provincial commitment to the municipal sector. • Cycling Infrastructure-In a previous statement in the Legislature, the Minister of Transportation provided details on this funding including $10 million over three years through a new cost-shared program that will help municipalities expand their local cycling networks, and in addition, $15 million over three years will be dedicated to investments in cycling infrastructure. • The Upload Remains Intact-The Province continues to maintain the 2008 upload agreement. Its 2015 value to the municipal sector is $1.63 billion. The importance of this commitment to the sector as a whole is indisputable. Sector wide, municipalities have been able to redirect these dollars to increased infrastructure investments. But on a local level, the value of this upload varies considerably from one municipality to the next. That's why the Ontario Municipal fluorescent light bulbs and tubes, mercury-containing devices such as thermostats and thermometers, and pharmaceuticals and sharps (for those pharmaceuticals and sharps not captured through the Health Products Stewardship Association's regulated program). We understand that the Ministry of Environment will be working with producers, municipalities, and other stakeholders to determine a path forward on options for best management of these Phase 2 MHSW wastes given this upcoming program cancellation. However, no details have been provided at this point. AMO has been a strong advocate of expanding producer responsibility for their products and packaging and will continue to do so. We will provide members with further information on this and other waste diversion matters once available. AMO's budget analysis will continue. Further updates will be provided as required. AMO Contact: Matthew Wilson, Senior Advisor, mwilson@amo.on.ca, 416.971.9856 ext. 323. PLEASE NOTE AMO Breaking News will be broadcast to the member municipality's council, administrator and clerk. Recipients of the AMO broadcasts are free to redistribute the AMO broadcasts to other municipal staff as required. We have decided to not add other staff to these broadcast lists in order to ensure accuracy and efficiency in the management of our various broadcast lists. DISCLAIMER These are final versions of AMO documents. AMO assumes no responsibility for any discrepancies that may have been transmitted with the electronic version. The printed versions of the documents stand as the official record. ) ONTARIO •CANADA JULY 3, 2014 Thinking of running for office? S"J.OrdCount~ r ~~awing stronger. .. together NEWS RELEASE ANNOUNCEMENT FROM OXFORD COUNTY'S AREA MUNICIPALITIES Oxford's municipalities partner on candidate information session for new and returning candidates NEWS Thinking about running in the upcoming municipal election or school board election? Wondering what is involved? Not sure who to ask? Oxford County's eight area municipalities are hosting a candidate information session on August 13 to explain the basics of the Municipal Elections Act, 1996, including forms and processes, voting methods and more. The session will benefit new and returning candidates. The candidate information session takes place: Wednesday, August 13, 2014-7:00p.m. Oxford County Administration Building-Council Chamber 21 Reeve Street, Woodstock, ON The sessions will begin with a presentation by the Ontario Ministry of Municipal Affairs and Housing and features MPAC (Municipal Property Assessment Corporation) representatives as invited guests. Each of Oxford's municipalities will be on hand to take part in break-out sessions following the presentations to provide more specific information for candidates. Participants are asked to please RSVP by Wednesday, August 6, 2014 to Michael Graves at 519- 485-0120 or mgraves@ingersoll.ca , or to your local clerk. Oxford County's municipalities include The Township of Norwich, The Township of Zorra, Township of South-West Oxford, Township of East Zorra-Tavistock, Township of Blandford-Blenheim, Town of Ingersoll, Town of Tillsonburg and the City of Woodstock. 1 of 3 ) City of Woodstock Amelia (Amy) Humphries Deputy City Clerk Tel: 519-539-2382 ext. 2501 ahumphries@woodstock.ca Township of Norwich Kimberley Armstrong Deputy Clerk Tel: 519-863-2709 Fax: 519-879-6385 karmstrong@twp.norwich.on .ca Township of Blandford-Blenheim Fran Bell Chief Administrative Officer/Clerk Tel: 519-463-5347 ext. 227 Fax: 519-463-5881 fbell@blandfordblenheim.ca r-------------------------------~-------------· --- Ontario LEGISLATIVE ASSEMBLY ERNIE HARDEMAN, M.P.P. OXford July 17, 2014 Queen's Park Office: Room 413, Legislative Bldg. Toronto, Ontarlo M7A 1A8 Constituency Office: 12 Perry Street Woodstock, Ontario N4S3C2 Dave Beres, Mayor Town of Tillsonburg Tel. (416) 325·1239 Fax (416) 325-1259 Tel. (519) 537-5222 Fax (519) 537-3577 Town Centre Hall, 200 Broadway, 2nd Floor Tillsonburg, ON N4G 5A 7 I'm writing to let you know that I was recently appointed official opposition critic for Municipal Affairs and Housing. I hope to have the opportunity to meet with you in the near future to hear your views on the relationship between municipalities and the province, any challenges your municipality is facing, and your thoughts on steps needed to strengthen Ontario's municipalities. As you may know, I served as Councillor, Mayor and Warden in Oxford before being elected as MPP. During my time in municipal politics, I was also on the board of the Association of Municipalities of Ontario, as well as, Ghair ofROMA and the Warden's Association of Ontario. I am also writing to invite you to join the Ontario PC Caucus at our reception during the upcoming AMO conference. The reception will be in the West Ballroom of the London Hilton and will take place on Monday August 18 starting at 8:00 p.m. As usual, the PC Caucus will also be holding meetings with municipal representatives during the conference. If you would like to arrange a delegation during the conference, please contact me at ernie.hardeman@pc.ola.org or by fax at (416) 325-1259. I look forward to working with you. If I can be of assistance please feel free to contact Ernie Hardeman, MPP Oxford PC Critic for Municipal Affairs and Housing R.I.C!IVID JUL B J ZDI4 TIIlson&urg Customer Service THE ASSOCIATION FOR THE PROTECTION of Fur-Bearing Animals 179 West Broadway, Vancouver, BC V5Y 1P4 604-435-1850 Mayor and Council, Attached to this letter you will find a postcard from a constituent in your municipality who wants you to seek peaceful, co-existence methods for living alongside wildlife. From coast-to-coast, the terms of 'conservation' and 'wildlife management' are used by trappers as an excuse to kill wild animals. The Association for the Protection of Fur-Bearing Animals has -and can help your municipality -implement non-lethal wildlife management practices. From skunks and beavers to raccoons and coyotes, we can help. Please take the requests of your constituent to heart and allow us to be your partner in co-existence. Thank you, Lesley Fox Executive Director 604-435-1850 lesley@furbearerdefenders .com •·. '; t:'~'f~. · . .,_, ~~ ~:·~.t. . '· •\::~i.li Please take a mom;fft,'Ji, read this letter and sig11, If ypu agree . .,;;,;-~It back t:I!.IJS/1 the rr~iJ/i/i,.re/opB provk/dt,J. We' , wll{!fOmpile the letters and~t:rf, them to the a~te goverrmient {)/ffclal in your;'iif.J!:'. . l ' To Mayor and Coundl, .·-;r( ··.~->'" · ' :/:; '·· --.. · · ""'·-. d~~l~'in crisis. I~ every province .a~~ terrlto~, c~~~:e been mad!! to ~ildllf~~~rogra~;~j~~hldlllg conseio/ation officers resouralsi-'As such, ·municipalities are'looking to trappers; hunter$ and other p<Qflt-seekers fQr assistan<:!!~lri managing wildlife . · ·". ' ' ' : ' ;, ' ''\ ·:,\· ·' :.·::·-:tog•,';,i' _ leg-hold, <ionigear and s'~~re-typ~~s. a · ·• .. · · ln\vour communltv. I. do not supporq~elr u~;}:.l. THE COU£Gru OF. . JP>lillYSIOANS AND SllffiG£0NS OF ONTARIO July 21, 2014 Dear Sir/Madam: I am writing to let you know that we have extended the deadline to nominate a physician for a Council Award bestowed by the College of Physicians and Surgeonsof Ontario. The deadline has been changed to October 1, 2014 at 10:00 a.m. The impetus for the change was to make it more convenient for you to complete the nomination process. We want to allow plenty of time for you to submit a nomination so ye>u aren't scrambling ,to do so while you and others are in the midst of summer vacations. The updated information, including an online nomination form, is available on our · website: http:/lwww.cpso.on.ca/About~Us/About-Councii/Honouring-Outstanding-Ontario­ Physicians · As you know, the Council Award is presented at each Council meeting,to honour outstanding Ontario physicians who have demonstr~ed excellence and embody society's vision of an "ideal physician". Further criteria can be found on our website. We receive a variety of nomination packages, some of which are focused around a comprehensive CV, while others consist of personal letters which demonstrate the physician's commitment to the practise of medicine. We understand that given the diverse array of selection criteria, the nominator.may wish to use any number of creative ways to highlight the particular attributes of their nominee. If you know of a worthy physician, please nominate him/her for the Council Award. Please do not hesitate to contact me if you require further assistance: pyelaja@cpso.on.ca; 416-967 ...;2600 ext. 402. Kind regards, p.s.4~ Ms. Prithi Yelaja Communications Specialist Policy and Communications QUALITY PROFESSIONALS / HEALTHY SYSTEM / PUBLIC TRUST 80 College Street, Toronto, Ontario MSG 2E2 Tel: (416) 9G7-2600 Toll Free: (800) 268-7096 Fax: (416) 961~3330 Title: Report No.: Author: Meeting Type: STAFF REPORT FINANCE 2014 SECOND QUARTER FINANCIAL RESULTS FIN 14-31 DARRELL EDDINGTON COUNCIL MEETING Council/Committee AUGUST 11, 2014 Date: Attachments: 2014 ACTUAL VARIANCES Q2 RECOMMENDATION THAT Council receives report FIN 14-31 2014 Second Quarter Financial results as information. EXECUTIVE SUMMARY To provide Council with the January 1, 2014 to June 30, 2014 Town wide actual financial results and projections through to December 31, 2014. SUMMARY OF OPERATIONAL RESULTS The attached spreadsheet summarizes by department the significant variances between 2014 actual results as at June 30, 2014 and the 2014 Q2 YTD budget. The overall Town wide consolidated deficit as at June 30, 2014 is $46,535, and the projected deficit through to December 31, 2014 is $185,900 or 1.46% of the 2014 requirement from taxation. Questions or comments relative to the departmental 2014 Q2 revenues and expenditures and projections through to December 31, 2014 should be referred to the other members of Senior Management for commentary. The Director of Finance notes that the 2014 forecasted annual deficit of $185,900 is not fully mitigated through vacant labor positions that are principally in Development and Communication Services and Parks and Recreation Services. The following significant item is being closely monitored: • Winter maintenance cost overruns are substantial in Q1/Q2. See the attached Appendix A. Combined winter maintenance cost overruns to date and through to year end are anticipated to be $242,600. Staff is recommending that reserves be Appendix A Winter Maintenance Costs Q2 Actual 2014 Budget Variance Forecast Q2 Budget Q2 Actual (deficit) (deficit) Consolidated Roads department -labour $476,037 $522,896 -supplies $108,738 $147,334 Subtotal ($85,455} ($86,000} Parking department -subcontract $15,195 $48,669 ($33,474} ($34,000} Fleet department -labour $116,922 $144,248 -expenses $313,730 $399,072 Subtotal ($112,668} ($113,000} Airport -subcontract $11,600 $21,191 ($9,591} ($9,600} Total $1,042,222 $1,283,410 ($241,188} ($242,600} 2014-Quarter 2 2014 Operating & Capital Status Report I Budget Actual Variance I I I Su~us Deficit YTD Budget I YTD Budget YTD Budget YTDActual YTD Actual YTD Actual "u E~en~~ures YTD Revenue Ex endltures Net levv Revenue Expenditures Netlevv Revenue Net levy Explanations Council .... 155 891 155 891 5 800 160171 154 371 5 800 4280 1 520 NA Customer Service $ 131,277 I $ to4,oa7 I $ (27,190) $ 128,7051 $ 121,1461 $ (7,558) $ 2,572 $ 17,059 1 , 19,632 Net revenue under budget $2,600;Net labour over $17,850-allocation of time between Finance and esc re the Manager of TaX/CSC Protection $ 4s:Os'i"'t"$ 143,313 $ 98,262 $ 49,969 $ 147,188 $ 97,220 $ (4,918) $ 3,875 $ (1,042) :n_~~~n~~~:~Exp under $2,300-Animal Development & Communication Services $ 14,500 $ 210,899 $ 196,399 $ 21,360 $ 140,369 $ 119,009 $ (6,860) $ {70,530) $ (77,390) Net Revenue over budget $6,900; Net labour under budget $70,000-vacant Director Economic Dev lo ment 187 477 142 464 45 013 189 295 142 797 46499 1 818 333 1486 NA Finance ' 139,395 $ 1,192,545 $ 1,053,150 $ 179,610 $ 1,176,854 $ 997,244 $ (40,215) $ (15,691) $ (55,906) Net Revenue over budget $40,200; Net labour under budget $30,900-vacant Deputy Clerk position for 2 months and allocation of time from Finance and esc re Manager of Revenue/CSC; Net Building I I I I I I I I I I Maintenance over budget $4,600; PO'iice tr 186 090 18 7 738 1701648 196 872 1 899 606 1 702 734 10 782 11868 1 086 NA Fire ' 132,478 I , 695,241 I $ 562,763 I I , 140,846 I , 715,1621 $ s74,316l I, (8,368)1 $ 19,921 1, 11,553 Net revenue over $8,400; Net labour over budget $6,400; Insurance over $4,500- Accident & sickness; Subcontractor Exp over budget $7,000-repairs to the fire hall; All other net expenses over budget$ 2,000 !Airport II 268,5991 $ 260,4621 $ (8,137)1 1$ 368,028 I $ 372,8941 $ 4,8661 I' (99,429)1 $ 112,4321 $ 13,003\Ag land rental revenue under budget $5,800; Net Building Maintenance over budget $3,600-HLW; Net labour over budget $4,100; Advertising Is under $1,900; Equipment Supply & Repair Is under $3,200; Legalis under $5,400; Net airport show financial activity Is In Q3; Winter maintenance costs Is over $10,000 Cemetery J$ 72,0581 $ --135,77T 63,716If 57,353 $ 135,796 $ 78,442 $ 14,705 $ 22 $ 14,726 Net Revenue under budget $14,700; Net ~=:~~=~:~~~~other net Museum T• 41,700 $ 154,463 $ 112,763 $ 36,429 $ 157,719 $ 121,291 $ 5,272 $ 3,256 $ 8,528 Net Revenue under budget $5,200; Net OM• Parks &Recreation I' 673,797 1 , 2,275,210 I $ 1,601,413 I I , 634,195 $ 2,150,043 $ 1,515,848 $ 39,602 $ (125,167) $ (85,565) Net revenue under $64,200 -Programs; Net labour under $87,600-vacant positions; Net Supplies under $11,300; HLW under $17,500; Building Repairs and Malnt. under $24,600; Subcontractor Exp under $5,800 ;;c:: .... ~ 217~ 9 760lt 37 994 27 917 10 077 6 506 6 89 317 NA Roads $ 162 $ 1,287,2971 $ 1,287,135 1 I , 73,7991 $ 1,447,2721 $ 1,373,473 1 I, (73,637)1 $ 159,9751 $ 86,338 Net labour over $46,900-winter maintenance; Subcontractor Exp under 69,721~ -85,722 -, --i6,0ol $--(166j T -----,.;l>99-~ 23,933 $~1;oo; Sup~l~~~ver ~34;8/~000-wlnter Parking 1' 69,555 $ 61,623 $ (7,932) $ Net labour under $8,500; Subcontractor Exp ov r ¢:::1::1 c;oo -~r mov Solid Waste I' 53,402 $ 163,037 $ 109,635 $ 86,026 $ 201,668 $ 115,642 $ {32,624) $ 38,631 $ 6,007 Scrap Revenue under $2,400; Net labour ~~~~~o$6 :g~~;n~vu~acr~~t~:=~~~P under Building $ 113,001 $ 173,701 $ 60,700 $ 157,091 $ 175,688 ' 18,598 ' (44,090) $ 1,987 $ (42,102) Permit Revenue over $45,000 -Annandale Public school; Net labour over $4,150 Operations Admin $ $ 62,880 $ 62,880 $ $ 75,713 $ 75,713 $ $ 12,833 $ 12,833 Net labour over $16,200-OT & Vacation payout; All other net expense under $3,400 Engineering $ 6,732 $ 128,214 $ 121,482 $ 1,800 $ 126,602 $ 124,802 $ 4,932 $ (1,612) $ 3,320 ,::~:~:=~~~~;~~~6~~900; All other net Enter rise Services 14 238 26 600 12 62 22 958 33 558 10 600 8 720 6 958 1762 A Aeet $ 535,902 $ 430,652 $ (105,250) $ 528,484 $ 535,902 $ 7,418 $ 7,418 $ 105,250 $ 112,668 Net labour over $27,300-OT; Net revenue under $7,400-primarily external parties {Hydro); Fuel & Oil over $15,900; Equipment Supplies & Repairs over $63,700; All other net expenses under $2,000 Tiiation requir-ement: Deflclt/{SurDius} I$ 2.716,902 I s 9,713,819 I $ 6,99&,917 I I$ 2,986,334 I s 10,029,786 I $ 7,043,4521 I , {269,432J $ 315,9671 $ 46,5351 H:\Flnance\Financlal Plans\2014\2014 Quarterly Analysis\2014 Actual variances v2 • Q2 8/01/14 2014-Quarter 2 - 2014 Operating & Capital Status Report Revenue Variance {Surplus)/Deficit YTD Budget YTD Actual Revenue Revenue Variance Recreation Facilities-Concession Rentals 2,700 2,726 (26' Recreation Facilities-Rentals --- Recreation Facilities-Capital --- Parks & Recreation 673,797 634,195 39,602 TSEC --- EFC 31 488 37 994 (6,5061 Roads-Grants 162 -162 Roads-Mise --- Roads-Capital -73,799 (73,799 Roads 162 73,799 (73,637 Parking 69,555 69 721 (166 Solid Waste 53 402 86,026 (32 624 Building 113,001 157,091 (44 090 Operations Admin --- Engineering 6,732 1 800 4 932 Town-Interest -227 (227 Town-Dividend --- Town-Return on Capital --- Town-Fibre Optics 1,290 1,290 - Town-Electrical -7,425 (7 ,425 Town-Bell --- Town-Rogers Cable --- Town-Water Heaters 10,950 12,062 (1,112 Town-Sentenel Lights 1,998 1,954 44 Enterprise Services 14,238 22,958 (8,720 Fleet 535,902 528,484 7,418 Net levy requ1rement: Deficlt/(Surplus} before Taxation $ (269,432) H:\Finance\Financial Plans\2014\2014 Quarterly Analysis\2014 Actua l variances v2-Q2 8/01/14 2014-Quarter 2 - 2014 Operating & Capital Status Report Expenditures Surplus)/Deficit YTLJ tsudget Yl D Actual Expenditures Expenditures Variance Parks & Recreation-Fleet 17,748 17,748 - Parks & Recreation-HLW 13,197 12,987 (210) Parks & Recreation-Subcon Exp 28,284 26,189 (2,095) Parks & Recreation-All other 786,497 753,486 (33,011) Parks & Recreation-Capital 195,350 194,669 (681 Parks & Recreation 2,275,210 2,150,043 {125,167 TSEC --- EFC 21,728 27,917 6,189 Roads-Labour 476,037 523,596 47,559 Roads-Fleet 162,792 169,126 6,335 Roads-HLW 121,000 118,597 (2,403 Roads-Consult & Legal 2,500 -(2,500 Roads-Subcon Exp 131,250 45,863 (85,387 Roads-Capital 4,700 4,706 6 Roads-All other 389,019 585,384 196,366 Roads 1,287,297 1,447,272 159,975 Parking 61 623 85,722 24,099 Solid Waste 163,037 201,668 38,631 Building 173,701 175,688 1,987 Operations Admin 62,880 75,713 12,833 Engineering 128,214 126,602 (1,612) Town -Labour 17,442 18,979 1,537 Town-Fleet 3,860 5,563 1,703 Town -Material/Inventory 3,000 3,092 92 Town -All other 2,298 5,924 3,626 Enterprise Services 26,600 33,558 6,958 Fleet 430,652 535,902 105,250 INet levy requirement: Deficlt/{Surplus) before Taxation $ 315,967 H:\Finance\Financial Plans\2014\2014 Quarterly Analysis\2014 Actual variances v2-Q2 8/01/14 $150,000 -]100,000 Gl c 0 "' :I E-::1 .,. <;> $50,000 $- $(50,000) 2014Q2 Net Levy Variances $(77,390) $(85,565) Q2 Net Deficit $46,535 $112,668 S11oo,ooo1 L------------------------------------------------------- H:\Finance\Financial P/ans\2014\2014 Quarterly Analysis\2014 Actual variances v2 -Q2 8/01/14 •Council •cus!omerSefvict •Protection • De'vf'lopmtnt & Commu!'llution .Mrvic6 •EconomlcOtwlopmo:ont •.tJrport a~metefy •tREFI • Park'l & 1\Krution •HC a Parklnc •SolldWOIISit •Building •Optrali00$Admin •Englne-erln& •Enterprise Services •Fleet STAFF REPORT FINANCE Title: Report No.: 2014 SECOND QUARTER FINANCE DEPARTMENT RESULTS FIN 14-32 Author: DARRELL EDDINGTON Meeting Type: COUNCIL MEETING Council/Committee AUGUST 11, 2014 Date: Attachments: RECOMMENDATION THAT Council receives report FIN 14-32 2014 Second Quarter Finance Department results as information. EXECUTIVE SUMMARY To provide Council with the actual January 1, 2014 to June 30, 2014 and the projected Finance Department 2014 financial results. SUMMARY OF OPERATIONAL RESULTS 2014 Business Objectives Objective Target Status Date Development Charges By-Law Q1-Q2 Complete in Q2. Potential amendment in Update -Joint Project with 2014 Q3. County Centralize Purchasing Q1 2014-Purchasing for items > $1,000 was 6 month centralized at the beginning of 2014. pilot Customer Satisfaction Surveys Q1-Q4 Ongoing 2014 Northstar CIS -Upgrade to Q3 2014 Deferred to 2015 (THI expense). version 6.4 Northstar Reports Training Q3 2014 FINANCIAL IMPACT /FUNDING SOURCE Overall the 2014 Second Quarter Finance Department variance summary is as follows: 2014 02 Budget vs. 02 Actual Variance Summary Department (under}/over Finance $(55,906) Taxation $0 Customer Service $19,632 Police ~1,086 Total variances $(33,188} A net positive variance of $15,000 is currently anticipated through to December 31, 2014 including a Community Improvement Plan anticipated payment relating to 117 Broadway for an estimated $10,000. APPROVALS Director Name/Signature Finance Name/Signature CAO Name/Signature Darrell Eddington Date: 07/31/14 Darrell Eddington Date: 07/31/14 David Calder Date: 07/31/14 STAFF REPORT DEVELOPMENT AND COMMUNICATION SERVICES REPORT TITLE: Report No.: Author: Meeting Type: Council Date: Attachments: RECOMMENDATION: ECONOMIC DEVELOPMENT SECOND QUARTER REPORT DCS 14-35 CEPHAS PANSCHOW COUNCIL MEETING AUGUST 11, 2014 "THAT Council receive Report DCS 14-35 Economic Development Second Quarter Report for information purposes." EXECUTIVE SUMMARY Economic DeveloPment Activity Q2 2013 Q2 2014 (TARGET) Q2 2014 (ACTUAL) Lead Files Opened 16 30 16 Lead Files Closed 3 25 8 Corporate Visits 7 6 7 Client Visits 8 6 4 New Businesses 1 2 1 Opened Businesses Closed 3 N/A 1 Website Activity 786 786 859 (Main Business Page) Website Activity 1,675 1,675 1,493 (Business Directory) In general, most of the Economic Development metrics are tracking close to the quarterly targets with the exception of lead files opened, which are approximately half of the target but consistent with 2013 Q2 figures. Investment activity for the first half of 2014 has been slower than usual but the investment inquiries received/generated tend to be higher quality on average. Visits by clients is also increasing versus the first quarter although half of the Q2 2013 number. FINANCIAL IMPACT /FUNDING SOURCE The Economic Development Office variances for 2014, including Airport, Tourism and Discover Tillsonburg, are as follows: Department Variance Explanation Economic Development ($1,486) N/A Airport $13,003 Winter maintenance costs, decreased Ag land revenues and HLW costs. Discover Tillson burg 0 (Development & Communications Budget) Staff is still projecting that the Economic Development budget will be $6,000 over as funding for Turtlefest & ChristmasFest was not included in the approved budget amount due to an error in the budget file as detailed in the First Quarter Report. The Airport budget is projected to over the approved budget amounts by a total of $19,400 as detailed below. Variance Explanation $5,800 Decreased Ag land revenues $9,600 Winter maintenance (snow removal) costs $4,000 Higher costs due to increased heating requirements in Q1 $19,400 TOTAL Staff will attempt to mitigate these increased costs in the remainder of the year. Page 3 I 4 CAO Title: Report No.: Author: Meeting Type: STAFF REPORT FIRE & RESCUE SERVICES Second Quarter 2014 DEPARTMENT RESULTS FRS 14-07 JEFF SMITH COUNCIL MEETING Council/Committee AUGUST 11, 2014 Date: Attachments: NIL RECOMMENDATION THAT Council receives report FRS 14-07 Second Quarter Fire & Rescue Services Results as information. EXECUTIVE SUMMARY To provide Council with the January 1, 2014 to June 30, 2014 Fire & Rescue Services performance results. SUMMARY OF OPERATIONAL RESULTS 2014 Business Objectives Obiective Taraet Date Status Ice & Water Rescue Equipment Q2 Complete Traffic Signal Priority Control System Q3 In progress Annual Replacement of Firefighter Personal Q2 Complete Protective Equipment Hose nozzles & appliances Q1 In progress MSA SCBA lease (year 9 of 10) Q2 Com_Qiete Initiate Strategic Planning Process Ongoing Framework draft in progress Implement department specific Succession Q2 In progress Management Plan C:\UsersVbunn\Appdata\Local\Temp\Noteslef2a8\FRS 14-07 Q2.Docxl CAO Public Education l" . -. '"·'"l' ""' ... --c~; )' l -.-,; -,, .... J[ -, -.. :) ~'i~l,, l, .--rr --"l ~ ---- ;I ! '~/'''._;• ~~~''I ,• 'rl .' :1 >,1) ,},~):1.' '' ' , .. , " ~~ ,,..:tp~'l',~'~c'l_,!'.\'>~;Lr~_,,!l 1C'l·\r.\r,o)!~:~·l\:' 'I ' ' I l' Station Tours 3 < 3 2 4 Presentations 4 4 6 15 Newspaper/Media 8 8 6 10 Charity Event 4 5 1 3 Fire Communication Report Fire Communications Dispatched Incidents inc/udin Non-Emergency Calls (Customer Service, Burn Activation Lines etc.) inc/udin Til/so FINANCIAL IMPACT /FUNDING SOURCE Fire & Rescue Services are currently $11,533 over budget, mostly in labour costs and building maintenance costs. Part time labour has been used at a higher than anticipated rate to cover vacation time, sick time and short term disability (STD) absences. Fire Suppression calls are 31% above last year and 22% above the three year call volume average, resulting in increased wear and tear on equipment and apparatus. Financial forecast for Fire & Rescue Services through to December 31, 2014 is $11,500 over budget. 2014 02 Summary Department (under)/over Fire & Rescue Services $11,533 Total variances (Q2) $11,533 C:\UsersVbunn\Appdata\Local\Temp\Notes 1 ef2a8\FRS 14-07 Q2.Docx3 CAO "I 1 STAFF REPORT OPERATIONS SERVICES Report Title: Second Quarter 2014 Operations Services Report Report No.: OPS 14-14 Author: Kevin De Leebeeck, P.Eng. Meeting Type: Council Date: Attachments: RECOMMENDATION: COUNCIL MEETING AUGUST 11, 2014 NONE THAT Council receives Report OPS 14-14, Second Quarter 2014 Operations Services as information. EXECUTIVE SUMMARY To provide Council with the January 1, 2014 to June 30, 2014 Operations Services financial results. SUMMARY OF OPERATIONAL RESULTS Table 1: 2014 Business Objectives Objective Target Status Thistle Court -Surface Asphalt Delayed to 2015 with Phase 2 of Ridge Boulevard. Ridge Boulevard Phase 2 Q4 Tender Awarded (Construction start late Aug. or early Sept). Glendale Drive Area Reconstruction Q3 Construction underway Annual Asphalt and Concrete Programs Q4 Majority of work completed North Street Sidewalk Q4 Construction underway Tar & Chip Transfer Station Q3 Contractor selected Sidewalk Machine Replacement (Unit 99) Q4 Tender Awarded (4 month lead time) Material Handler Replacement (Unit 66) Q4 Tender Awarded (14 month lead time) Table 3: 2014 Annual Projection Summary Department Over I (Under) Roads 86,000 Parking 34,000 Solid Waste - Operations Administration - Engineering (8,500) Enterprise Services - Fleet 150,000 Total Variances 261,500 APPROVALS Director Name/Signature Kevin De Leebeeck, P.Eng. (Acting) Date: Aug 1st 2014 Finance Name/Signature Darrell Eddington Date: Aug 5th 2014 CAO Name/Signature David calder Date: Aug &th 2014 Page 3 I 3 CAO STAFF REPORT PARKS & RECREATION SERVICES DEPARTMENT Title: Report No.: SECOND QUARTER 2014 PRS DEPARTMENT RESULTS PRS 14-26 Author: Rick Cox Meeting Type: COUNCIL MEETING Council/Committee AUGUST 11, 2014 Date: Attachments: RECOMMENDATION THAT Council receives report PRS 14-26 Second Quarter 2014 PRS Department Results as information. EXECUTIVE SUMMARY To provide Council with the January 1, 2014 to June 30, 2014 PRS Department operational and financial results. SUMMARY OF OPERATIONAL RESULTS 2014 B . ob· usmess >1ect1ves Objective Target Date Status Strategic Master Plan implementation: Program inventory and gap analysis (1-2) Planned for Q3-Q4. Memorial Park concept design process (6-Public consultation completed. 15) Q1-Q4 Annandale Ball Diamond upgrades (3-18, Project implementation Q3. 3-19) Health Club Business Plan (3-10) Planned for Q3-Q4. Continue implementation of Marketing Strategy, especially with social media (1-14, Q1-Q4 In progress 1-17) and with tournament teams and hosts (1-16) Revisit & strengthen partnership agreements Q1-Q2 In progress. (2-9) and ioint use aqreements (2-10) Implement Safe Cycling Committee and Q1-Q4 Planned for Q3-Q4. develop a Cvclinq Master Plan. Take lead role in overseeing special event Draft process in 'beta' testing Q1 for remainder of 2014 with process for the Town. event organizers. PRS 14-26-2014 PRS Second Quarter Report.docx 1/3 Kev Indicators 01-02 2014 01-02 2013 Ofo CHANGE Museum: attendance 4436 4261 4% Programs: Rink bookings (ice) 1,923 1 900 1% Programs: Rink bookings (floor) -65 81 -19% Programs: Health Club attendance 13 626 10 477 30% Programs: Memberships 937 522 80% Programs: Aquatic registrations 1 663 1 500 11% Programs: Advanced/Leadership 122 126 -3% Programs: Adult registrations 167 216 -23% Programs: Youth registrations 580 (69%) 434 (69%) 34% Programs: Waterpark attendance 4,118 2 749 50% Programs: Tournaments 10 10 -- Programs: Room rentals 263 206 28% Programs: Advertising revenue $19,450 $18,787 4% Cemetery: Niche & Plot sales 30 30 -- Cemetery: Interments 54 62 -13% FINANCIAL IMPACT /FUNDING SOURCE The 2014 Q2 PRS Department variance summary is as follows: 2nd Ouarter Budaet vs. Actual Variance Summarv Department (under)/over Cemetery $ 14 726 Museum $8 528 Parks Facilities & Proqrams $ (85 565) EFC $ (317) Total variances $ (62,628} Revenue shortfalls continue to be an issue department-wide. Cemetery revenue has been very weak. Museum revenue is below projections because ticket sales for the Wingfield performances did not meet previous levels, and a Strawberry Social event was cancelled due to conflicts with other local events. Program revenues from minor sport ice rentals are projected to be about $40,000 below budget by year-end. Fluctuating unit costs for utilities continue to be a concern. Savings from vacant full-time positions has been used to offset the revenue shortfalls, but all vacancies will be filled or restructured by year-end. Combined PRS shortfall at year-end is anticipated as $40,000 (0.11% of PRS budget net levy). APPROVALS Director Name/Signature Finance Name/Signature CAO Name/Signature PRS 14-26-2014 PRS Second Quaner Repon.docx Rick Cox Director of Parks & Recreation Darrell Eddington Director of Finance David Calder 3/3 DATE: August 5, 2014 DATE: August 5, 2014 DATE: August 5, 2014 STAFF REPORT FINANCE Title: Report No.: HUMAN RESOURCES KEY PERFORMANCE INDICES (KPI) FJN 14-35 Author: Meeting Type: JANICE SAYERS, HUMAN RESOURCES MANAGER COUNCIL MEETING Council/Committee AUGUST 11, 2014 Date: Attachments: RECOMMENDATION THAT Council receives report FIN 14 Human Resources Key Performance Indices as information. EXECUTIVE SUMMARY To provide a status report to Council for the Human Resources Key Performance Indices (KPI). BACKGROUND For the period January 1, 2014 to July 31, 2014 inclusive, the following KPI's have been recorded for the Town. As more data is tracked, trending analysis will be possible. New Hires: The table includes only new hires (increase to overall headcount). It does not reflect those employees who were on an existing contract but have had their contracts extended. CAO FINANCIAL IMPACT /FUNDING SOURCE Not Applicable APPROVALS Director Name/Signature Finance Name/Signature CAO Name/Signature Darrell Eddington Darrell Eddington David Calder Date: 08/05/14 Date: 08/05/14 Date: 08/05/14 3 CAO Title: Report No.: Author: Meeting Type: STAFF REPORT FINANCE CERIDIAN AMENDED AGREEMENT FIN 14-34 DARRELL EDDINGTON COUNCIL MEETING Council/Committee AUGUST 11, 2014 Date: Attachments: CERIDIAN AMENDED AGREEMENT RECOMMENDATION THAT Council receives report FIN 14-34 Ceridian Amended Agreement. AND THAT By-Law 3841 be brought forward for Council consideration for three readings. EXECUTIVE SUMMARY To obtain Council approval to sign the attached Ceridian agreement through By-Law 3841. BACKGROUND Council approved the Ceridian/Dayforce Human Capital Management (HCM) proposal at the Council meeting of July 14, 2014. The attached Ceridian agreement amends the Town's existing Ceridian agreement and defines the services and pricing that will be provided to the Town under the Dayforce payroll and HR solution. FINANCIAL IMPACT /FUNDING SOURCE The $20,609 plus net HST cost for the HCM proposal will come from the 2014 IT budget. CAO AMENDMENT EFFECTIVE DATE: Upon execution by both Parties TERRITORY: Canada Client Name The Cor oration ofthe Town ofTillsonbur the "Client" Service Contact e-mail Darrell Eddin ton Ceridian and Client hereby agree to amend and modify the terms and provisions of the Original Agreement (the particulars of which the Parties are familiar, and a copy of which may be attached hereto) in accordance with the following and/or the terms of the Service Exhibit and/or Pricing Schedule attached to this Amendment, the content of which is incorporated herein without further reference. The Parties mutually acknowledge that unless otherwise expressly provided herein, this Amendment does not and will not serve to revise the relationship between the Parties, and it is mutually agreed that any and all unremedied and outstanding accounts, defaults, breaches or other matters, existing between the Parties as at the effective date of this Amendment shall remain intact and subsisting notwithstanding this Amendment. All capitalized terms used herein shall, unless otherwise defined, have the meaning ascribed to them in the Original Agreement. AMENDMENT DETAILS 1. SERVICE CHANGES. 1.1 Client's existing Payroll Services shall be migrated to the Ceridian Dayforce Human Capital Management Services described in the attached Service Exhibit, for the Fees set forth in the attached Pricing Schedule. All existing terms and conditions, including pricing, in respect of Client's existing Payroll Services will remain in full force and effect until the Service Start Date of those Services contemplated in the attached Service Exhibit. ) Ceridian Canada Ltd. Per:-------------------- Printed Name:----------------- Title:------------------ Date: _________________ _ I have the authority to bind the corporation The Corporation of the Town of Tillsonburg_AmendmentAgreement00009125.0 The Corporation of the Town of Tillsonburg Per: _____________________ _ Printed Name:------------------ Title:-------------------- Date:--------------------- I have the authority to bind the corporation/partnership Page 1 of 14 2.2.18 "Support" means the support and maintenance services provided by Ceridian to Client with respect to a Subscribed Module in accordance with this Service Exhibit; 2.2.19 'Tax Fonns" means those forms, as supported by Ceridian's Software, as prescribed by Taxing Authorities from time to time which are required to be provided by Client to the Employees in connection with the remuneration paid or payable to the Employees; 2.2.20 "Taxing Authorities" means those government agencies to which tax remittances are made relating to compensation paid by Client to Employees, and any successors to such agencies; and 2.2.21 "Trusf' means the trust established pursuant to a written declaration of trust for the purposes of receiving Funds from its clients, or such additional or replacement trust as may hereafter be established by Ceridian for the purposes of receiving Funds from its clients. 3. IMPLEMENTATION. The respective roles, responsibilities and other terms applicable for the implementation of the Service will be set forth in a written SOW, signed by both Ceridian and Client. 4. TRAINING. The respective roles, responsibilities and other terms applicable for any training of the Service will be set forth in a written SOW, signed by both Ceridian and Client. 5. SUBSCRIBED MODULES 5.1 Warranty. Client's election of the Subscribed Modules will be set forth in a written SOW, signed by both Ceridian and Client. Ceridian warrants that the Software shall substantially perform in accordance with the Documentation. Client's exclusive remedies for breach of this warranty are: (i) Client may request Support from Ceridian; and (ii) if the Support requested by Client does not enable the Software to comply with the warranty within a reasonable period of time, Client may seek direct damages for the affected Software, subject to the limitations of liability in the Agreement. Ceridian shall not be liable to remedy any claimed breach of this warranty due to the acts or omissions of Client or any third party. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION, THE SOFTWARE IS PROVIDED "AS-IS" AND "AS-AVAILABLE". THE EXPRESS LIMITED WARRANTIES IN THIS SECTION ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 5.2 Software Hosting and Support ) 5.2.1 Ceridian's Obligations. (i) Uptime. Ceridian shall host and provide ongoing support for the Software and supported third party products from data centers accessible via the internet. Except for planned maintenance, the web-based application interface for the production environment that will be accessed through Client URL, shall be available, on average, 99.5% of the time each calendar month. (ii) Support. For so long as this Service remains in effect, and provided that Client has paid the applicable Fees, Ceridian shall provide Support in accordance with the following: (a) Ceridian will use commercially reasonable efforts, commensurate with the severity of the error, to correct any malfunction, defect or non-conformity in the operation of the Software from the Documentation (each, a "Defect") to enable the Software to substantially perform in accordance with the Documentation in effect at the time the Support is provided. Client shall report to Ceridian any Defects and Ceridian shall only be obligated to provide Support if Client submits to Ceridian all information, documentation, technical and other assistance to assist Ceridian; (b) Ceridian shall not be obligated to provide Support if the Software is not used in accordance with the then current Documentation or if any Defect reported by Client is found by Ceridian to be due to the misuse, improper use, alteration, or damage of the Service, lack of training, or any other cause other than the Software as delivered by Ceridian. Client shall pay Ceridian, at Ceridian's then current hourly rates, for Ceridian's services in responding to a Client report of a Defect, if: (1) such Defect does not exist; (2) Client does not assist Ceridian as required; (3) the Software is not used in accordance with the Documentation; or (4) the Defect is not caused by the Software. If Ceridian may reasonably correct any such Defect, Ceridian may correct it and Client shall reimburse Ceridian for such correction at Ceridian's then current hourly rates; (c) support may be provided to Client named support users through one or more of a number of means at Ceridian's reasonable discretion, such as telephone, e-mail, online meeting, or Internet self-service, which includes general technical information and assistance with problem determination, isolation, verification, and resolution during Ceridian's standard hours each Business Day. Support services are not to be used as an alternative to obtaining training. Client shall make commercially reasonable efforts to refer to the Documentation as a first step in answering questions and learning functions of the Service prior to contact with Ceridian with regard to problems or questions; (d) a maximum of two (2) named persons (as indicated on the "Help Line" access list provided from time-to-time by Client to Ceridian) trained on the use and operation of the Software may have access to the Ceridian help line for problem resolution. Ceridian will use commercially reasonable efforts to perform all required maintenance to the Software (or any other elements of the hardware or infrastructure necessary for the provision of the Services contemplated under this Service Exhibit) during the planned maintenance window, which is currently Wednesdays and Saturdays between 1:15 a.m. and 5:15a.m. Eastern Time. Ceridian will use commercially reasonable efforts to keep the period during which Client's access to the system is impeded during the maintenance period to a minimum. Ceridian will use commercially reasonable efforts to notify Client of all maintenance at least twenty-four (24) hours in advance. Ceridian will not be responsible for any damages or costs incurred by Client, if any, for scheduled down time. Ceridian may change its maintenance window upon prior notice to Client; and (e) support provided under this Service Exhibit does not include services provided with respect to the following matters: (1) any problem resulting from configuration or customization of the Service (including any Professional Services) made by or at Client's direction and/or approval; or (2) any problem caused by modifications of the Software not made or authorized by Ceridian (other than ordinary configuration changes the functionality for which is built into the Software and intended to be made by Client). (iii) Ceridian may from time to time (but shall not be required to) make changes to the Software and/or its functionality, for purposes such as maintenance or upgrades, or otherwise as deemed appropriate by Ceridian. Such changes are within the discretion of Ceridian, and are not required to be made, and in particular notwithstanding any intentions which may have been conveyed by Ceridian with respect to its possible plans for future functionality or features. (iv) Ceridian will only provide Support in respect of Ceridian Clocks and will not provide Support or other assistance in respect of clocks of other hardware supplied by any other provider. 5.2.2 Client's Obligations. (i) Client will not: (a) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party privacy rights; (c) send or store any virus, worm, time bomb, Trojan horse or other harmful or malicious code, file, script, agent or program; (d) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (e) attempt to gain unauthorized access to the Service or its related systems or networks. The Corporation of the Town of Tillsonburg_AmendmentAgreement00009125.0 Page 3 of 14 \ J ) 6.3 (iv) respond to all Taxing Authorities inquiries pertaining to jurisdictions processed by Ceridian for periods of services provided by Ceridian. Ceridian shall provide Client with copies of correspondence sent to Taxing Authorities in the resolution of the inquiry; (v) provide Client with online access to account information, including tax deposit history, status of inquiry and amendment processing and Client profile information; and (vi) be liable for tax filing penalty and interest charges to the extent such charges were caused by Ceridian. 6.2.2 Client's Obligations. Client will: (i) prior to the first Payroll date, provide Ceridian with such information, forms, Powers of Attorney, written authorizations and other documentation as reasonably required by Ceridian in order to enable Ceridian to determine paid and accrued taxes and tax liabilities, and to remit Client's tax liabilities and otherwise act on Client's behalf in this regard; (ii) provide accurate account numbers, remittance frequency and all other information required from time to time to permit accurate and timely remittance by Ceridian; (iii) notify Ceridian in writing immediately of any changes to the frequency with which it must make its statutory remittances, and provide Ceridian with any notices it receives from the Taxing Authorities relating to the frequency of such remittances or any other reporting requirements. Client shall continue to receive, review and be the contact for all correspondence and all other communications with the Taxing Authorities, but Client authorizes Ceridian to discuss matters relating to remittance of Client's source deductions with such Taxing Authorities; (iv) notify Ceridian of any unscheduled or special transmissions prior to transmitting data; (v) for each Payroll, forward to Ceridian the necessary information to allow Ceridian to process Client's tax liabilities and otherwise perform the Service, which information shall be provided to Ceridian such number of days prior to the processing date as may be directed by Ceridian. Such input data will be forwarded to Ceridian in the format reasonably specified by Ceridian from time to time (having regard to Client's facilities); (vi) communicate in writing any changes in services or changes that affect the information provided by Client to Ceridian ten (10) Business Days prior to the desired effective date of such change. Any penalty or other charges that result from incorrect, incomplete, or changed tax information provided by Client are Client's sole and exclusive liability and responsibility. Ceridian is not responsible for any matters existing prior to Ceridian's first Payroll date; (vii) review and compare the transmitted liabilities with Ceridian posted liabilities and notify Ceridian of any discrepancies within one (1) Business Day of initial receipt (or such other time period as reasonably established by Ceridian in accordance with its processing schedule); (viii) transmit data to Ceridian by no later than 3:00 p.m. Eastern Time two (2) Business Days prior to the Payroll date (or such other deadline as reasonably established by Ceridian from time to time in accordance with its processing schedule); (ix) provide mid quarter data within two (2) weeks of the Service Start Date, or by the 15th day of March, June, September, or December, whichever comes first, if Client's Service Start Date is after tax liabilities have been paid by Client in the quarter of service (or by such other deadlines as reasonably established by Ceridian from time to time in accordance with its processing schedule); (x) assist Ceridian in responding to inquiries or in processing amendment requests by providing the information necessary to meet Tax Authority requirements. Client shall provide Ceridian with written approval for amendments or inquiries resulting in additional tax, penalty and/or interest due, and agrees to fund these amounts in full prior to completion and submission; (xi) retain records according to the schedules established by Taxing Authorities for Client. Ceridian has no responsibility or liability for maintaining or retaining records on behalf of Client; and (xii) submit any necessary changes to the year end tax file in accordance with the time frames reasonably established by Ceridian (such time frames will be established based on the time required, after receipt of such information by Ceridian, for Ceridian to perform its responsibilities within the time prescribed by the Taxing Authorities). Year End Employee Tax Forms 6.3.1 Ceridian's Obligations. Ceridian will: (i) deliver the Tax Forms to Client no later than five (5) Business Days (or such other deadline as reasonably established by Ceridian from time to time in accordance with its processing schedule) after Client has committed/released to print (through the Software functionality) the Tax Forms in the year immediately following the calendar year for which the Tax Forms are being prepared (subject to Client's obligations to provide data and review output as contemplated herein, in a timely fashion); (ii) provide support services via Ceridian's designated support portal for Client's technical personnel and primary users of the Service; (iii) annually publish the Tax Forms production schedule; (iv) print and/or post the type(s) and quantity of Tax Forms specified by Client and as the data appears in the file transmitted by Client; and (v) package Tax Forms for shipment within five (5) Business Days (or such other deadline as reasonably established by Ceridian from time to time in accordance with its processing schedule) after Client has committed (through the Software application) to print/release the Tax Forms. Additional charges will apply for any Client requested (a) sorting and/or splitting, or (b) printing of Tax Forms. 6.3.2 Client's Obligations. Client will: (i) review Tax Forms upon receipt of same and notify Ceridian of any errors in such materials within two (2) Business Days (or such other deadline as reasonably established by Ceridian from time to time in accordance with its processing schedule) of receipt of printed Tax Forms. Client agrees to reimburse Ceridian for all expenses incurred by Ceridian as a result of Client errors or omissions; and (ii) adhere to the annually published Tax Forms production schedule provided by Ceridian including: (a) completion of any necessary adjustments in the timeframe designated by Ceridian; and (b) committing the Tax Forms to print. 7. HARDWARE 7.1 Installation of Purchased or Rented Clocks from Ceridian 7 .1.1 Ceridian's Obligations. Ceridian will: (i) deliver hardware to Client in good working condition prior to the scheduled installation of terminal(s); (ii) make all corrections necessary to bring terminal(s) into compliance with the applicable specifications; and (iii) provided Client is current on the mandatory maintenance fees for the clocks, provide maintenance services consisting of support, periodic updates to firmware, and updates to interfaces for the Software as required, as well as provide emergency replacement of terminal(s) that Ceridian stocks in the normal course of business. Emergency replacements will be shipped same Business Day if a return merchandise authorization (rma) is issued prior to 2:00 p.m. Eastern Time. If after 2:00 p.m. Eastern Time, shipment will be next Business Day. The maintenance fees are included in the base rental fee for rental clocks but are payable on an annual basis for purchased clocks. NEMA clock maintenance includes a return and repair policy rather than emergency replacement. 7.1.2 Client's Obligations. Client will: The Corporation of the Town of Tillsonburg_Amendmen1Agreemento0009125.0 Page 5 of 14 for any written extension agreement until terminated by either Party upon ninety (90) days' prior written notice to the other, or otherwise in accordance with the '"'(~ination provisions in the Agreement. ! Early Termination Fee. Client may only terminate the Services prior to the expiration of the initial Service Term upon payment of an early termination fee as described below, and by furnishing at least ninety (90) days' prior written notice to Ceridian. If Client terminates the Service pursuant to this Section, Client shall be responsible to pay to Ceridian, in addition to the Fees payable up to and including the effective date of termination of the Service (including all One Time Fees for work performed up to and including the date of termination), an early termination fee equal to the average monthly Recurring Fees (computed based on the Recurring Fees for Services provided to Client during the three (3) month period preceding cancellation, or the Services have not as yet commenced, then based on estimated annual fees as shown in the Pricing Schedule, pro rated for 3 months), multiplied by the number of whole or partial months between the date that the cancellation is effective and the expiration date of the initial Service Term, less a discount equal to 25%. 10. ADDITIONAL PROVISIONS 10.1 Client's Acknowledgement Regarding Trust Funds. Client acknowledges that Ceridian, as trustee of the Trust, is entitled to invest monies held by the Trust in accordance with the investment guidelines established from time to time by Ceridian, and that Ceridian, in its own capacity and not as trustee, is entitled as income beneficiary to all income and gains derived or realized from such investments and is not accountable to Client, the Employees, or any other person for such income or gains. The Trust is entitled to pledge such investments for borrowings of the Trust to facilitate the Payments, rather than converting the investments into cash. Ceridian shall indemnify and save Client harmless from and against any loss of any portion of the principal amount of the Funds (including any losses of principal resulting from the investment of the Funds) caused by Ceridian, in its own capacity or as trustee of the Trust to the extent such Funds were actually received by Ceridian. 10.2 Recent Release. The Parties acknowledge and agree that the Ceridian Dayforce payroll application (hereinafter referred to in this Section as " Ceridian Dayforce HR Payroll") has not reached full maturity. As such, Client acknowledges that Ceridian Dayforce HR Payroll may not currently contain all the modules, functionality and processing capability that other systems and/or future Ceridian releases may contain. 10.3 Verifying Compliance. Ceridian has the right to verify Client's compliance with the terms of this Service Exhibit (at Ceridian's own expense), at any time throughout the Service Term and for a period of one year thereafter, and Client shall maintain records relating to the Services hereunder for not less than such period. Ceridian will have the right, on its own behalf or through the use of a third party independent review firm, on not less than 30 days prior notice, to conduct an inspection of the relevant Client records during Client's normal business hours and in a manner that does not interfere unreasonably with Client's operations. In addition, Ceridian may require Client to complete a self-audit questionnaire relating to the Services, but in such case, Ceridian reserves the right to use the normal in person verification process as set out above. If Ceridian undertakes verification and does not find Material (as defined below) unauthorized use of the Services, Ceridian will not undertake another verification of Client for at least one year. Ceridian and its third party firms will use the information obtained in compliance verification only to enforce Ceridian's rights under the Agreement and to determine whether Client is in compliance with the terms of the Agreement. By invoking the rights and procedures described above, Ceridian does not waive its rights to enforce the Agreement or to protect its Intellectual Property by any other means permitted by law. As used herein in the context of payment of any Fees or other sums due, the term "Material" means a shortage of 5% or more. If a verification or self-audit reveals any underpayment of Fees (regardless of whether Material or not), Client will promptly pay to Ceridian the amount of such shortage, together with interest from the date such amounts should have been paid, at a rate equal to the prime lending rate then in effect with Ceridian's main financial institution, plus 5%. Additionally, if the shortage in Fees is found to be Material, in addition to the above amount, Client shall also )burse Ceridian for all costs Ceridian has incurred in connection with the verification process. 1u.4 Accuracy of Data. Client is solely responsible for the accuracy and completeness of all records and information furnished to Ceridian, and in no event will Ceridian be responsible for any errors or matters existing prior to the Service Start Date and Ceridian shall be entitled to rely solely on the information, authorizations, representations and warranties provided by Client pursuant to this Service Exhibit. Ceridian is not obligated to commence providing Services until receipt from Client of all information reasonably required to be received from Client to provide the Services. If Ceridian corrects any information or matters existing prior to the Service Start Date or performs any other service not expressly identified in this Service Exhibit, Client will pay Ceridian additional fees and charges computed on the basis of work performed by Ceridian, at Ceridian's then current hourly rate for such professional services. 10.5 Employee Information. Client shall be responsible for complying with all applicable laws associated with the tracking of employee Personal Information (including, without limitation, all applicable privacy laws), including with respect to geo-tracking and biometric information (if applicable). Client acknowledges and agrees that it is Client's responsibility to establish and maintain appropriate security and privacy procedures and policies, to properly inform its employees of the tracking of information, to obtain all necessary consents with respect thereto and to obtain all applicable government registrations. Ceridian shall not be responsible for Client's use of such information or the application, and Client shall indemnify and save Ceridian harmless from and against any and all reasonable and direct loss, damage or liability which Ceridian may incur arising from Client's use of the application (including, without limitation, invasion of privacy claims). 10.6 Extended Access to Historical Data. To the extent Client is migrating the Services described hereunder from an existing Ceridian payroll platform (the "Prior Ceridian System"), Ceridian agrees to provide access to Client's Payroll data stored in the Prior Ceridian System (the "Historical Data") for a period of twenty-four (24) months following the Service Start Date (subject to any shorter retention period as required by applicable privacy or other laws). Access to the Historical Data will be terminated at the end of such 24 month period unless otherwise agreed by the Parties in writing. In consideration of the Fees to be paid hereunder, Client hereby requests that Ceridian provide those Services in accordance with the terms and conditions set forth in this Service Exhibit. This Service Exhibit may be executed either contemporaneously or subsequent to the Agreement, and in either case the terms of this Service Exhibit shall be deemed to be incorporated into and form an integral part of the Agreement. In the latter case where subsequently executed, the Agreement shall be considered amended by adding the provisions of this Service Exhibit, and to the extent this Service Exhibit does not modify the Agreement, the Agreement shall continue in full force and effect, unamended, and otherwise the execution of this Service Exhibit will not serve to revise the relationship between the Parties and any unremedied and outstanding accounts, breaches or other matters existing between the Parties as at the date this Service Exhibit is executed will remain intact and subsisting notwithstanding the amendment of the Agreement. Ceridian Canada Ltd. Per: ______________________________________ ___ Printed Name: --------------------------------- Title:------------------- Date: ______________________________________ __ I have the authority to bind the corporation The Corporation of the Town of Tillsonburg_Amendmen1Agreemento0009125.0 The Corporation of the Town of Tillsonburg Per: __________________________________________ _ Printed Name: ----------------------------------- Title:-------------------- Date: ----------------------------------------- I have the authority to bind the corporation/partnership Page 7 of 14 Message Center Administrator Self Service Forms Manager Self Service Forms Employee Self Service Workflows Payroll Preview Payroll Legal Entities Employer Bank Accounts Ceridian Tax Filing reports avai application, Client can create reports based on the information recorded within the application through MyReports. These ad hoc reports are based on topics, such as pay or HR information, and can report on any selected fields included in the topic; the report can then be filtered based on these fields and distributed through the application to any user role(s) that should have access to run the report. Configuration of ad-hoc reports on Client's behalf is available for an additional fee based on Tax Forms, Direct Deposit Form, Confidential Information Submission History, My Profile, HR Policy. Client-specific available for an additional fee based on rti"'"m'""" Standard workflows include: commit to database, single approval, double approval & conditional workflow. Implementation will configure additional workflows to mirror Client's unique business processes for an additional fee Preview of payroll calculations for the pay group and for each employee. Includes online analytics, standard payroll audit reports and audit wizard, quick entry screen for one time payroll related entries, separate check earnings, memo , and taxable benefits. Also the setup of earning and deduction groupings that can be utilized for earnings or deduction calculations; pre-defined tax methods built in for compliance purposes(US); pre-defined system earnings and deductions with validated tax calculations (CAN),configurable limits and declining balances· arrears and Creation of Legal Entities (FEIN, CRA#) for the proper calculations and remittance of tax filing. Including federal, state/provincial, local, and other employer & employee taxes. Automatic based on work location. Bank account information is needed to fund payments for your payroll accounts, including employee payments, taxes, 3rd party payments and service Preparation and filing of: US -Federal, State, and Local tax return and related documentation and forms Charitable Setup of GL reporting. GL setup includes configuration levels and accounts. Capability to export detail and summary information. GL Export is included under and Interfaces. The Corporation of the Town of Tillsonburg_AmendmentAgreemento0009125.0 lncl Included 4 Standard Included 3 Included Included Up to 1 per FEIN Included Up to 51ncl Included Included Included Page 9 of 14 Projects Attendance Tracking Interface Configuration Dayforce Essentials Live Membership MyPath Pro Module also includes the ability to import schedule budget information to compare budget to actual cost of schedule and excludes the configuration of custom KPis. This feature is used to monitor your results for a variety of key performance indicators (KPis), through visual representations on a rolling time basis. This enables managers and other users with access to determine which organizational units, such as regions, districts, or individual locations, are results all KPis over time. This feature support the administration and tracking of projects organization-wide; within My Projects, users can create projects for the organization, define start and due dates, a budget in both hours and a dollar amount, and assign the project to an area of the organization and a set of that can work the Attendance tracking allows for the tracking of attendance incidents such as employees arriving to work late or missing scheduled shifts, how the occurrence of these incidents cause attendance violations, and what actions be taken Configuration of within the framework of the application. These can include carrier feeds, GL exports, time imports, etc. Online videos providing introduction to Dayforce HCM module fllnlr.ticm~'litv In addition to videos available 24/7, Essentials includes comprehensive training plans and best practice methods for accelerating adoption. Videos include Essentials Supervisor Operations Overview, Payroll and HR Administration, Scheduling Overview, Dayforce WFM Payroll Administration -HPL, Dayforce WFM Employee System Access and Dayforce WFM Administration -Small Business Allows a single named member to attend any publicly scheduled Dayforce training session for a period of one year from date of project kick-off J;> Members must submit their name and email address to education@dayforce.com prior to initial session registration J;> Members must self-enroll using online registration tools J;> Membership can be transferred to a new user if the current member is J;> Pre-built training content accessible via the Dayforce application J;> All users with access to the Dayforce application have access to content for a period of one year from date of project kick-off J;> Content includes e-learning, student guides and job aids related to the Subscribed Modules J;> content accessible via the or loaded into Client Learning Management System, as elected J;> All users with access to the Dayforce application have access to content for a period of one year from date of project kick-off J;> Content includes e-learning, student guides and job aids related to the Subscribed Modules J;> Allows a single named user with an active subscription to create additional content related to the The Corporation of the Town of Tillsonburg_AmendmentAgreement00009125.0 Not Not Not History Included Included Following are 5-Deferred Compensation, Pension, 401 K, RRSP Plans 1-Imports required into Dayforce 0-Number of 3rd Party Exports required from Dayforce 1-Number of GL Exports required 1-Number of Benefit Carrier 1 Subscription(s) Included ot Included Page 11 of 14 PRICING SCHEDULE -Ceridian Canadian Pricing July 30, 2014 Currency: CAD This confidential Pricing Schedule has been prepared exclusively for The Corporation of the Town of Tillsonburg by Sapna Raj Bundle Purchased: Dayforce-Dayforce Pay, Benefits and Time ITEM DESCRIPTION Estimated One Time Fees Product Name Charge Type Base Price Quantity Adjusted Price Dayforce -Dayforce Pay, Benefits and Time Implementation Dayforce Live Membership Implementation One Time $19,359.38 $1,250.00 $19,359.38 $1,250.00 $20,609.38 Estimated Recurring Fees •:rtmm•~euu. Quantity 4UD!f1®1Ai'iW Dayforce -Dayforce Pay, Benefits and Time-Monthly PEPM $12.00 210 *PEPM I Recurring Fees are subject to a minimum processing fee of $500.00 per month. ESTIMATED ONE-TIME FEES: $20,609.38 ESTIMATED ANNUAL RECURRING FEES: $30,240.00 "'<ices shown herein are valid only if signed by Client within 30 days from the date above 1_es are exclusive of all Taxes _Jods and/or materials, if any, shipped FOB Origination Point Ceridian Canada Ltd. Per: ____________________________________ ___ Printed Name: ------------------------------- Title: ------------------------------------ Date: ___________________________________ _ I have the authority to bind the corporation The Corporation of the Town of Tillsonburg_AmendmentAgreemento0009125.0 The Corporation of the Town of Tillson burg Per: _______________________________________ __ Printed Name: ----------------------------------- Title: ------------------------------------------ Date: --------------------------------------- I have the authority to bind the corporation/partnership $2,520.00 $2,520.00 Page 13 of 14 THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3841 A BY-LAW to Authorize an Amending Agreement Between the Corporation of the Town of Tillsonburg and Ceridian Canada Ltd. WHEREAS the Corporation of the Town of Tillson burg deems it necessary and expedient to amend an agreement with Ceridian Canada Ltd; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Agreement 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 marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 11th DAY OF AUGUST, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 11th DAY OF AUGUST, 2014. MAYOR-Dave Beres CLERK-Donna Wilson ·~DIAN )-"'" SERVICE EXHIBIT CERIDIAN DAYFORCE HUMAN CAPITAL MANAGEMENT SERVICE TERM: 36 Months Client Name The rnrnr•r:otinn the"Ciient" Service Contact Darrell e-mail Billing Street Address 200 1. SERVICE EXECUTIVE SUMMARY Ceridian shall provide Client with Ceridian Dayforce Human Capital Management Services within the Territory, consisting of access to and use of the Subscribed Modules, in conjunction with those Services as further described in this Service Exhibit. Client's use or non-use of any particular function does not impact its availability or the Fees payable. 2. CAPITALIZED AND DEFINED TERMS 2.1 All capitalized terms used herein and not defined shall have the same meaning as in the Agreement. 2.2 As used in this Service Exhibit: ) 2.2.1 "Annual Inflation Index" means (i) in the case of the United States, the Employment Cost Index: Total Compensation: All Works: Civilian, Not Seasonally Adjusted (ECI), as published by the Bureau of Labor Statistics, US Department of Labor; and (ii) in the case of Canada, the Consumer Price Index, as published by Statistics Canada, Government of Canada; 2.2.2 "Ceridian Clocks" means clocks, hardware and other ancillary products, sold by Ceridian to Client as part of the Services, as set forth in the attached Pricing Schedule; 2.2.3 "Documentation" means all documentation relating to the Software, whether in machine-readable or printed form, provided by Ceridian to Client, including any updates, revisions, new versions, and supplements to the Documentation; 2.2.4 "Funding Authorization" means such written authorization, power of attorney or other form executed by Client from time to time as reasonably required by Ceridian to authorize and permit Ceridian to withdraw money, forward payments or take other steps to facilitate the movement of payments as part of the Service; 2.2.5 "Funds" means those funds to be received by Ceridian from Client, in an amount equal to the Payments to be made for a particular Payroll; 2.2.6 "Modifications" means any error corrections, modifications or enhancements to the Software that are included by Ceridian in Support of the Software to all customers; 2.2.7 "New Versions" means new versions of the Software that may be deployed by Ceridian to Client for license pursuant to this Service Exhibit; 2.2.8 "Number of Employees" means the number of employee records in the Software that do not have a terminated status, including full-time and part-time employees as well as any contingent labor or contractors, or any other individual in respect of whom information is being recorded in a Subscribed Module, and all administrators or other users who are accessing the Software or database relating to the Services (for the purposes of this Service Exhibit, each shall be considered an "Employee"); 2.2.9 "One Time Fees" means those Fees set forth in the Pricing Schedule under the heading "One Time Fees", including those Fees payable for the implementation and training Services, or are otherwise identified or understood to be one time or non recurring Fees, including any Fees payable with respect to change orders; 2.2.10 "Payments" means the payments to be made by Ceridian on Client's behalf hereunder, in respect of wages to its Employees, statutory remittances, tax filing liabilities and other third party payments as directed by Client and agreed to by Ceridian; 2.2.11 "Payroll" means the payroll of Client processed or to be processed by Ceridian with which the Service is associated; 2.2.12 "Rate Sheet" means the document that itemizes those ancillary services offered by Ceridian to its clients at the then current rate, not otherwise stated in the Pricing Schedule; 2.2.13 "Recurring Fees" means those Fees set forth in the Pricing Schedule under the heading "Recurring Fees", or are otherwise identified or understood to be Fees which are payable on the periodic recurring basis stated in the Pricing Schedule; 2.2.14 "SeNice Start Date" means the actual date on which the Services move beyond the test stage and Ceridian has confirmed (acting reasonably) that the Services are ready for use in a live production environment, which will generally be when the Software is loaded with Client organizational structure, employee information and Client specific rules and Client has administrative control of the Software; 2.2.15 "SeNices" means, collectively, access to the Subscribed Modules, together with all other Services described in this Service Exhibit; 2.2.16 "Software" means the software program(s) licensed by Ceridian to Client through which the Service will be provided, together with all Modifications and New Versions; 2.2.17 "Subscribed Module(s)" means, at a given date, the module(s) to which Ceridian will provide Client access as part of the Service and as set forth in a written Statement of Work ("SOW'), signed by both Ceridian and Client; The Corporation of the Town of Tillsonburg_AmendmentAgreemento0009125.0 Page 2 of 14 ) (ii) Client will designate named support users to triage all internal support incidents reported by end users. Triage occurring by Client support users includes: checking the Documentation for assistance in dealing with the reported incident, attempting to reproduce the incident in a production copy, and documenting the steps required to reproduce the incident. Upon reporting an incident, Client agrees to cooperate, work closely with, and provide assistance to Ceridian in the investigation, diagnosis, and resolution of the incident. (iii) Ceridian shall have the right to access Client's account from time to time, for purposes of Support, administration, invoicing and to inspect Client's utilization of the Services so as to ensure Client's compliance with the provisions of this Agreement, as reasonably necessary in Ceridian's sole discretion. 6. ONGOING SERVICES AND SUPPORT. The scope of ongoing I recurring Services outlined below provides a breakdown of the key functionality and deliverables to be provided, and the respective rights and obligations of Ceridian and Client. 6.1 Payment Solutions and Funds Transfer 6.1.1 Ceridian's Obligations. Ceridian will: (i) issue the Payments in accordance with the Payroll and Payment processing schedule, as agreed upon by the Parties, to meet Client's Payroll obligations, by way of: (a) submitting Payment information to the appropriate funds transfer network(s) in the form required for the electronic crediting/direct deposit of payment to the designated bank accounts of Employees; and/or (b) create negotiable paychecks to the order of Employees drawn on the Trust account. Each paycheck will be printed on Ceridian check stock with Ceridian officer's signature and Ceridian logo using the check data and account provided by Client; (ii) process file reversals, request stop payment orders and request direct deposit reversals upon Client's written request; (iii) process stop payments up to five (5) Business Days of settlement date and direct deposit reversals upon Client's written request on the day of receipt when request is received by 2:00pm Eastern Time; (iv) at the request of Client or at Ceridian's option, provide Client a report identifying un-cashed paychecks considered stale dated, and pay to Client an amount equivalent to any Payroll Funds held on account of Payments against which stop payments have been placed, or which are, according to banking practice, considered to be stale-dated (less a reasonable administration fee; or at the request of Client, such Payroll Funds may be credited to Client's next Payroll); (v) notify Client of exceptions related to paychecks processing and pre-notification rejections, bank requested notification of change requests, and returned credits related to direct deposit services ("Exceptions"); (vi) notify Client of any errors or other circumstances in the event Ceridian is unable to provide Payments and either re-performs Services (when possible) or arrange return of unpaid funds to Client. Unpaid Payroll Funds will be returned only after verification of available and sufficient fund balances (with time allowances for returned items) by the bank in which such funds are held; and (vii) establish and maintain the Trust for the purpose of holding and keeping Funds and other trust funds received from its clients separate from Ceridian's own property. For clarity, the principal amount of the Funds received by Ceridian from Client shall at all times while in the possession or control of Ceridian, be held in its capacity as trustee of the Trust. 6.1.2 Client's Obligations. Client will: (i) enter, maintain and transmit (via the Software) Payroll data to Ceridian, such number of days as established by Ceridian (acting reasonably) prior to the date the paychecks are to be issued and deposits are to be made, as required to meet agreed upon processing schedules; (ii) review and audit all Payroll data, reports and other materials prior to committing the Payroll. Client shall correct any discrepancies or errors in such materials prior to the next scheduled processing; (iii) monitor changes to those laws specifically applicable to Client's business, interpreting applicable laws and regulations, determining the requirements for compliance with such laws and regulations, and notifying Ceridian of any changes to the Payroll processing required as a result of such laws; (iv) correct Exceptions before transmitting Payroll data for Client's next Payroll (otherwise Client could be in breach of applicable laws or regulations); (v) be responsible for contacting payees to resolve payment of any voided paychecks and reimburse Ceridian for any losses and fees incurred by Ceridian in circumstances where Ceridian honors Client's request to initiate a stop payment order and issues a replacement check, but the check originally issued is subsequently presented for payment by a holder in due course (including fraud or misconduct on the part of Employees); (vi) require Employees to complete, sign and maintain any account funding authorizations or other documents or authorizations necessary for Ceridian to provide Services, including authorizations for the initiation of credit entries. Without limitation, Client shall ensure that each Employee utilizing Ceridian's direct deposit service has authorized the initiation of credit entries and the crediting of the Employee account, as well as the debiting of the Employee account through a file reversal in the event of a returned item from Client's account or any funding deficiency by Client (to extent permitted by law). Client must ensure that such authorizations are operative at the time of transmittal and crediting/debiting of the Employee accounts; (vii) hereby grant to Ceridian the authority to issue Payments on behalf of Client, and to take such other action as may be necessary from time to time in connection with the provision of the Services, which might authorize to instruct its bank to stop payment and authorize to refuse payment as required to provide the Services; (viii) pay for all reasonable expenses incurred by Ceridian as a result of Client errors or omissions; (ix) forward the Funds to an account established by the Trust as directed by Ceridian. The Funds will be provided by Client in a manner satisfactory to Ceridian (acting reasonably) and where Ceridian is debiting Client's account, Client will fully fund such account and authorize the initiation of debit entries and the debiting of the account in the amount and on the date specified, and ensure that such authorization is operative at the time of transmittal and debiting of Client account. Ceridian shall not be obliged to release any Payroll documents or to make or honor any Payments until it has received confirmation that Client's financial institution upon which the Funds have been drawn has irrevocably honored such request for advance of funds. In this regard, Ceridian reserves the right, at its option, to implement such procedures as may reasonably be required to guarantee the irrevocable receipt by it of the Funds prior to Ceridian paying out any such funds; and (x) provide Ceridian with Funds in an amount equal to the tax liability Payments to be made for a particular Payroll. 6.2 Tax Filing Services 6.2.1 Ceridian's Obligations. Ceridian will: (i) prepare, deposit, and file Client's Payroll tax returns for those federal, state/provincial and local jurisdictions supported by Ceridian and reflected on Client's Tax jurisdictional profile; (ii) provide Client with a regular tax statement for each Client tax registration number processed by Ceridian; (iii) provide, prepare and file employer Tax Forms in the formats required by each Taxing Authority provided that Ceridian has provided tax filing Services for Client for the entire calendar year or Client has provided quarterly tax filing data in accordance with Section 6.2.2(ix); The Corporation of the Town of Tillsonburg_AmendmentAgreement00009125.0 Page 4 of 14 ) (i) make available a suitable place of installation, adequate power and surge protection, and cabling. Client is responsible for location and mounting of the terminal(s) in compliance with accessibility laws and all building codes; (ii) install and test terminal(s); (iii) within fifteen (15) days of the receipt of terminal(s), notify Ceridian of any material Defect in terminal(s). If Client does not send written notice of the occurrence of a material Defect within such fifteen day time period, Client will be deemed to have accepted terminal(s); (iv) Client must return any rented hardware within fifteen (15) days upon termination of this Service Exhibit. Clock rental fees will continue to accrue until all hardware has been returned; (v) except for NEMA clocks which may not be returned, Client has the option to return rental or capital purchased hardware, within forty-five (45) days of receiving shipment, so long as the hardware is unopened and unused. Client is responsible for shipping costs of returned clocks. Any returns not meeting the above conditions are not eligible for a refund of fees paid; (vi) if applicable, rental fees will begin to accrue immediately upon receipt of the rented clocks, and are required for a minimum period of twelve (12) months. Rental fees are applicable for the duration of time during which Client has the clocks in their possession. Rental fee accrual will not be terminated without an approved rma and will continue until Ceridian receives all clocks. If Client places the implementation on hold for any reason, clock rental fees will continue to apply; and (vii) with the exception of NEMA clocks, if an emergency replacement of any terminal is required as part of the maintenance coverage, Client is obligated to return the original terminal(s) within fifteen (15) days of shipment of replacement. If Client does not return the original terminal(s) within this timeframe, Client will be charged full list price for the replacement terminal(s). 7.2 Ceridian Clock Warranty. Ceridian warrants that it has the right to sell terminal(s) to Client. Ceridian is not responsible or liable for damage, malfunction, or performance failures resulting from changes made to terminal(s) after acceptance or damage caused by the misuse, physical abuse, improper operation, the environment or other causes beyond Ceridian's exclusive control. 8. SERVICE FEES AND PAYMENT 8.1 Fees. The Fees payable by Client to Ceridian for the Services are as set forth in the attached Pricing Schedule. The Fees are exclusive of all Taxes. In addition to the Fees, Client shall reimburse Ceridian for all expenses (if any, in accordance with Ceridian's expense policy) incurred in connection with the implementation and provision of the Services, including travel, accommodation and meals. Except as otherwise stated herein, all invoices will be due and payable by direct deposit within thirty (30) days of the date of invoice. 8.2 One Time Fees. 8.2.1 The One Time Fees have been calculated taking into account the work and materials Ceridian has reasonably estimated will be required to implement the Service. This estimate has been made by Ceridian in good faith based on the information available to Ceridian at the time of executing this Service Exhibit, including information and representations provided by Client. To the extent that new or additional information becomes available to Ceridian which impacts the estimated One Time Fees, the Parties shall mutually agree to necessary changes to the SOW (including to corresponding Fees). 8.2.2 Subject to any payment terms to the contrary in the SOW, the One Time Implementation Fees will be invoiced and payable in two (2) installments as follows: (i) fifty percent (50%) at the date implementation Services are started (generally by way of a kick off meeting) and (ii) fifty percent (50%) at Service Start Date. However, Ceridian reserves the right to invoice and require payment of One Time Fees on a monthly basis (including for longer I more complex implementations), based on the amount of work completed each month. 8.2.3 All One Time Fees in respect of purchased or rented clocks, badges or other tangible items or hardware, will be invoiced upon shipment. 8.3 Recurring Fees. 8.3.1 The monthly Recurring Fees will be invoiced and payable monthly in advance, commencing as of the Service Start Date, based on the Number of Employees as at the 15th of each calendar month, or such other date as may be communicated to Client by Ceridian. Services included in the Pricing Schedule that are based on a per occurrence (e.g., Fees for ancillary services shown on the Rate Sheet), will be invoiced monthly in arrears. Any estimated annual Fees shown in the Pricing Schedule are estimates only, based on Client's Number of Employees and/or transaction count as at the date of signing this Service Exhibit. 8.3.2 When and if made available by Ceridian, at Client's election, SMS text messaging for "Alerts and Notifications" functionality will be provided to Client at Ceridian's then current rate per message (both outbound and inbound messages shall be counted for the purposes of billing). Other miscellaneous charges may apply for mobile device access. Such Fees shall be billed based on the actual count for the previous month. 8.4 Staging Fees. Once Ceridian commences those implementation Services described in a written SOW and referenced in the Implementation Section herein, a Client instance of the Software is established for the purposes of configuration, user testing and implementation team training. In order to compensate Ceridian for the work required to establish and maintain such Client environment, commencing as of the initial project kick-off meeting through to the Service Start Date (the "Staging Period"), Client shall pay Ceridian the Staging Fee listed in the Pricing Schedule (the "Staging Fee") in the amount and at the frequency shown therein. If the Staging Fee is shown as one single payment, it will be invoiced upon project kick-off and payable in accordance with the invoicing payment terms set forth herein. If the Staging Fee is shown as being paid in multiple payments, such amount will be payable monthly during the Staging Period. 8.5 Training Fees. All event-based training Fees will be payable upon event completion. Subscription-based training Fees will be payable upon project kick-off (or if subscribed after kick-off, immediately upon subscription) and each renewal date thereof. 8.6 Annual Fee Increase. All Fees are subject to annual increases in an amount not to exceed the annual increase in the Annual Inflation Index for the Territory (on a cumulative basis from the Service Start Date), the first such increase to be calculated and effective on the first anniversary of the Service Start Date. 8.7 Additional Miscellaneous Fees. In addition to the Fees payable as set forth in the attached Pricing Schedule, Client will be charged the miscellaneous Fees set forth in the attached Rate Sheet, when applicable. (If an item is listed on both the Pricing Schedule and the Rate Sheet, the lower rate in the Pricing Schedule shall govern.) Such Fees are intended to compensate Ceridian for additional work and/or disbursements payable to third parties as a result of the occurrence of such events and the Fees listed therein represent the Fees charged as of the date of this Service Exhibit. Ceridian reserves the right to change and/or expand the list of items on the Rate Sheet and/or the dollar amount of such items from time to time without notice to Client. An updated copy of the Rate Sheet will be available from Ceridian and provided upon Client's request. SERVICE TERM AND TERMINATION 9.1 Service Term. Unless terminated earlier by a Party as a result of the other Party failing to perform one or more of its material obligations in the Agreement, the Services shall be effective and binding immediately upon execution hereof, and shall remain in effect for an initial Service Term equal to the number of months I years set forth above calculated from the Service Start Date, and thereafter shall automatically continue on the same terms without the need The Corporation of the Town of Tillsonburg_AmendmentAgreemento0009125.0 Page 6 of 14 ,~DIAN y..,....- 1 Client Name The rnrnr.r,tinn of the Town of STATEMENT OF WORK CERIDIAN DA YFORCE HUMAN CAPITAL MANAGEMENT the"Ciienr This is the implementation Statement of Work ("SOW') as contemplated under the written Service Exhibit for Ceridian Daytorce Human Capital Management made between Ceridian and Client (the "HCM Exhibit"). This SOW sets forth the details for the implementation Services and/or deliverables (the " Implementation Services") to be provided in respect of those Services described in the HCM Exhibit (the "Services"). Capitalized terms not defined in this SOW shall have the meanings ascribed to them in the Service Agreement between Ceridian and Client. 1. Executive Summary You have engaged Ceridian to implement and provide education and training for the following Subscribed Modules: • Dayforce Core Elements • Daytorce HR & Self-Service • Daytorce Payroll • Dayforce Benefits • Dayforce Time • Advanced WFM Modules o Schedule Compliance For the following population: • 210 Employees at 91ocation(s) in Canada. 2. Implementation Phases The tasks, duties, responsibilities, and deliverables to be provided by Ceridian to Client in connection with the Implementation Services will be provided in 3 high level phases, which are broken down as follows: (i) Discovery: • Deliver pre-discovery workshop questionnaires; • Lead discovery workshops; • Document requirements and deliver a Requirements Recap document; • Determine integration requirements for selected components (as appropriate). (ii) Configuration and Testing: • Configure the solution per the written document titled Requirements Recap for all of Client's "in scope" locations as agreed upon by Ceridian and Client; • Provide the solution based on Client feedback during sandbox (test environment) review; • Complete parallel testing for payroll components; • Refine solution, support Client user acceptance testing and final parallel runs. (iii) Knowledge Transfer: • Support one live production run per frequency; • Knowledge transition session to transfer knowledge on the specifics of Client's system to administrators, payroll department, human resources department and help-desk. 3. Services. Responsibilities and Deliverable& for Implementation of Subscribed Modules (i) In Scope Work: Ceridian will analyze, configure, test and deliver those components indicated below as included. Role HR Security access to filter data appearing to the user so that the information available to each user in the Dayforce application is appropriate. For example, the organization hierarchy controls that the manager of a location can only review the HR and time and attendance records for Employees who work at that location, and can only create schedules, timecards and submit transactions for such Security feature that defines what sections of the Dayforce application users can access. Clients can configure as many user roles as the organization requires; the more granular the access requirements, the more user roles required. The Corporation of the Town of Tillsonburg_AmendmentAgreement00009125.0 Up to 6 Roles I Up to 4 Included Page 8 of 14 Punch Policies ~"-"--'• ,, ~-J : :-:rfli~~~;~ilf.t~~~1-iJ;--: ,~ ~ - "" <' . Schedule Bidding Labor Budgeting Task Management Advanced Scheduling Schedule Optimization Schedule Compliance Managers can create manual schedules for their employees by creating new shifts with desired start and end times. Shifts can be created for each employee or a shift can be created and multiple employees can be assigned to that shift as appropriate. Rotation Based Scheduling Shift rotations are used to define a pattern of repeating shifts and days off that describe employees' regular work week. For example, Client can define a shift rotation where employees work 5 days, from 9am to 5 pm, followed by 2 days off. Managers assign this rotation to the appropriate employees, rather than scheduling them every week for the same 5 shifts and 2 days off. Shift rotations can be defined for number of Pay policies are used to assign pay rules and qualifiers within the Dayforce application to appropriate employees so that employees are paid correctly. Each pay rule controls an aspect of Client's organization's payroll policy, such as when and how daily, weekly, and holiday overtime is paid, or what shift premiums employees can earn. A pay policy groups the appropriate instances of these rules together, so that they can be applied to the same Punch policies an entry and any rules and validation to be applied when employees record working time. For example, when an employee punches in at the clock, a punch policy can round the time to the nearest quarter-hour, or consider punches that are 5 minutes early or late as being on time. There are also parameters which define what duration shifts must be in order to qualify for meals or breaks, well as the duration and number of breaks for shifts. Employee level user system access to the following tasks: Availability, Messaging and Alerts, Schedules, Timecard, Webclock, Time Away from Work. Included · . . . , ~· . ~ :r ~~~;:~~h:}~l~~i~1~~~~~~tli?~ , ~ This feature defines how employees are ordered, so that preferred Not Included employees are assigned their bids first, define the shifts employees within a bid policy bid on, when the bid sessions occur and how frequently they repeat, as well as details on the number of bid windows within a session and which employees are eligible for each set of windows. Deriving a labor budget based on imported KPis or metrics by defining KPI Not Included metadata for My Plan. This feature is used to mirror your organization's needs and policies. This Not Included includes configuring the application to support tasks that impact the schedules of the locations they are assigned to by driving or influencing ·the labor requirements of locations; securing the tasks users can review and modify; configuring which user roles fulfill each function in the task management process. Forecasting labor demands based on KPis or metrics, such as sales or Not Included number of transactions, using either a trend of historical averages or moving averages forecasting method; defining data adjustment rules and qualifiers in the forecast polic:y. An add-on to Advanced Scheduling that enables forecasting of estimated Not Included metrics and estimated labor requirements; preliminary allocation of budgeted labor hours; automatic generation of a schedule (including assignment of employees to shifts), and ability for a user to edit the resulting schedule. Configuration of schedule policies and schedule alerts and warnings to Included facilitate compliance with legislative and company policies. Examples include enforcing minimum and maximum shift lengths, breaks, minimum and maximum weekly hours and when employees can be scheduled to The Corporation of the Town of Tillsonburg_AmendmentAgreemento0009125.0 Page 10 of 14 . I Client Exclusive Training -Onsite ~ Instructor led training delivered exclusively to Client, onsite at Client's Not Included , location. Instructor expenses are additional ~ Up to 12 participants may attend a single session ~ All students will receive soft copy of course guide ~ Standard Dayforce training database/guides will be used ~ Session agenda can be tailored to cover topics relevant to Client Client Exclusive Training -Virtual ~ Instructor led training delivered exclusively to Client via virtual class Not Included ~ Up to 12 participants may attend a single session ~ All students will receive soft copy of course guide ~ Standard Dayforce training database/guides will be used ~ Session agenda can be tailored to cover topics relevant to Client Custom WFM Training for Supervisors and ~ Customization of standard Dayforce WFM Education offering to Not Included Employees incorporate Client data and business process examples. ~ Incorporates Client data and business processes covering commonly used supervisor and employee tasks ~ Custom developed workbooks for supervisors ~ Custom developed job aids for Employees ~ One set of data/examples will be used ~ Content will be built using Dayforce Education templates ~ Soft copies of course materials will be provided ~ All content will be developed in one language (English or French) ~ 1 delivery session, approximately 1 day in duration ~ Maximum of 12 _QarticiQ_ants may attend a session Custom Training (other) Customization of standard Dayforce Education offering to incorporate Client Not Included data and business process examples (ii) Out of Scope Work: Unless a task, duty, responsibility or deliverable is expressly set forth under "(i) In Scope Work" above, it is out of scope and will not be provided or performed by Ceridian as part of the implementation Fees quoted. Without limiting the generality of this principle, Ceridian and Client expressly confirm that the following specific items are out of scope: • Integration to 3rd party systems other than those identified in the HCM Exhibit; • Ceridian-led User Acceptance Testing (UAT) test case development and execution; • Training material development outside of the Education Services specified above; • Client resource and/or third party vendor management. 4. Assumptions and Client Duties and Responsibilities The implementation Fees and estimated timelines are based on the following assumptions, and Client being responsible for the following: ' • Client's requirements for the Services being implemented are as set forth in the written discovery questionnaires completed by I for Client; • Client will provide access to Client's current systems, data storage environment, and personnel with the appropriate knowledge of Client's systems and its configuration, to assist in data analysis for HR data import, exports and configuration; • Client is responsible for overall project and resource management; • Client shall provide access, as specified by Ceridian, sufficient to allow Ceridian's data conversion consultant to properly access Client's data, which may include access through database backup, ascii data dump, system generated reports, or direct access to the previous vender's data storage environment. All data to be converted will need to be made available including employee and employer taxable wages, wages to limit. and tax detail for each tax category. If all required conversion data is not available, pricing is subject to change; • Client will provide solution feedback based on the Requirements Recap provided post Discovery and will sign off on the document. Requirements Recap will be deemed accepted 5 Business Days after delivery to Client; • Client will provide data requested by project team in a timely manner; • Client will staff required personnel and subject matter experts to provide requirements and feedback in a timely manner; • Client will support parallel run testing with appropriate personnel and reports; • Client will assist with the mapping process, validate, test and audit the conversion files prior to loading into the Dayforce application, and provide the completed file conversion acceptance form upon successful conversion of the data; • Client will perform UAT such as developing and executing test scripts, providing test results and steps to reproduce, and determine user acceptance criteria; • Client will confirm acceptance and sign-off for all Implementation Services (including UAT) in a timely fashion; • Any changes to the Services described above will require a Change Order; • Client will complete training requirements within the designated timeframe prior to Service Start Date; • Client will follow the instructions contained in the training materials. In consideration of the Fees to be paid hereunder, Client hereby requests that Ceridian provide those Implementation Services in accordance with the terms and conditions set forth in this SOW. This SOW may be executed either contemporaneously or subsequent to the Agreement, and in either case the terms of this SOW shall be deemed to be incorporated into and form an integral part of the Agreement. In the latter case where subsequently executed, the Agreement shall be considered amended by adding the provisions of this SOW, and to the extent this SOW does not modify the Agreement, the Agreement shall continue in full force and effect, unamended, and otherwise the execution of this SOW will not serve to revise the relationship between the Parties and any unremedied and outstanding accounts, breaches or other matters existing between the Parties as at the date this SOW is executed will remain intact and subsisting notwithstanding the amendment of the Agreement. Ceridian Canada Ltd. Per: ______________________________________ ___ Printed Name: --------------------------------- Title:--------------------- Date: ______________________________________ _ I have the authority to bind the corporation The Corporation of the Town of Tillsonburg_Amendmen!Agreement00009125.0 The Corporation of the Town of Tillson burg Per: __________________________________________ __ Printed Name: ------------------------------------- Title:----------,--------------- Dare: ____________________ _ I have the authority to bind the corporation/partnership Page 12 of 14 p.zDIAN Ceridian Dayforce Human Capital Management Rate Sheet-Canada Miscellaneous Fees Item Rate Billing Event Printed Pay Statements, TaxForms or Cheques $0.25 per occurrence Dayforce WFM SMS Text Messaqe $0.07 per item Professional Services (hourly rate, per quote per project) $150.00 per hour Data Conversion Services $150.00 per hour 3rd Party Payments $2.00 per item External Job Board -additional $250.00 per external job board added, above the 10 included Report Printinq $0.15 per impression Direct Mailing postaqe + $0.20 per item Shiooina and Handlina Item Rate Billing Event Dayforce Delivery (Zone 1-5) $12.00 per delivery Dayforce Delivery (Zone 6-15}_ $17.00 per delivery Dayforce Delivery (Zone 16) $22.00 per delivery Davtorce Delivery (Territories) $35.00 per delivery Dayforce Delivery -International (minimum) $35.00 per delivery Delivery Guaranteed Time Premium - 1 0:30AM $5.00 per delivery Delivery_ Guaranteed Time Premium -9:00AM $10.00 per delivery Pavment Solutions and Funds Transfer Item Rate Billinq Event Cheque Trace with Copy $27.50 per item Collection costs for NSF returns (minimum) $150.00 per occurrence EFT Reject $17.50 per item EFT/Cheque Trace $17.50 per item Late Fundinq (minimum) $50.00 per occurrence Payment by Wire Transfer $35.00 per occurrence , Stop Payment with refund cheque $28.00 per item ) Stop Payment without refund cheque $18.00 per item The Corporation of the Town of Tillsonburg_AmendmentAgreemento0009125.0 Page 14 of 14 Title: Report No.: Author: Meeting Type: STAFF REPORT FINANCE IT WORK PLAN UPDATE FIN 14-33 DARRELL EDDINGTON COUNCIL MEETING Council/Committee AUGUST 11, 2014 Date: Attachments: RECOMMENDATION THAT Council receives report FIN 14-33 IT Work Plan Update as information. EXECUTIVE SUMMARY To provide a status report to Council for the IT Work Plan. BACKGROUND Council may recall that an IT Work Plan status report was presented to Council at the meeting of May 25, 2014. Since that time, the following key items have occurred: New phones have been substantially installed. New switches have been installed. Kickoff meeting for the install of the new Dell storage replacement plan was July 30, 2014. Timing to complete this install is August 11 to August 14th, subject to an availability confirmation from Dell. -County IT has completed a new network design. The IT group has a plan for moving all data to a new network. A new internal only domain. "tillsonburg.local", will be created. All computers and devices will be moved to it. This will result in increased security by keeping tillsonburg.ca strictly outside. We are also looking at which servers can be consolidated to save time on support and licensing costs. -Continued roll out of new personal computer hardware and software. -Servers are to be ordered. -County IT and Town staff is diligently making progress on implementing the IT strategy. CAO Title: Report No.: Author: Meeting Type: STAFF REPORT FINANCE DEVELOPMENT CHARGES BY-LAW AMENDMENT FIN 14-30 Darrell Eddington COUNCIL MEETING Council/Committee AUGUST 11, 2014 Date: Attachments: RECOMMENDATION THAT Council receive Report FIN 14-30 Development Charges By-Law Amendment. AND THAT Council directs that the Development Charge By-Law 3827 be brought forward for amendment consideration to prescribe the treatment of Model Homes. AND THAT a Public Meeting be called on September 8, 2014 to address issues of the change. EXECUTIVE SUMMARY On June 23, 2014, Council passed Development Charges By-Law 3827. The provisions of the by-law and the development charge rates contained therein were based on a Development Charges Background Study, dated May, 2014, prepared for the Town by Hemson Consulting Ltd. The Background Study is available on the Town's website. This staff report, together with the Background Study, satisfies the requirement in section 10 of the Development Charges Act that a background study be prepared in advance of passing or amending a development charges by-law. Development Charges By-Law 3827 replaced By-Law 3361 and By-Law 3609. By-Law 3827 did not address the treatment of model homes. At the Council meeting of April 23, 2012, By-Law 3609, an amendment to the Development Charges By-Law 3361, was passed allowing for the deferral of development charges until occupancy for up to six model homes per development site per year. Staff is of the opinion that it is a benefit to the development community that the current By-Law 3827 incorporate this treatment of model homes and is therefore recommending that Council consider this amendment. By-Law3840 is attached to this report for Council's and the public's information and will be presented at the public meeting on September 8, 2014. CAO THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3840 BEING A BY -LAW to amend By-Law 3827, to establish Development Charges for the Corporation of the Town ofTillsonburg. WHEREAS The Town ofTillsonburg is desirous of amending By-Law3827; WHEREAS Council considered a staff report titled FIN 14-30 Development Charges By- Law Amendment dated August 11, 2014, and by Resolution directed that Development Charge By-law 3827 be amended to prescribe the treatment of Model Homes and that a Public Meeting be called to address issues of the change; and WHEREAS Notice of Public Meeting was given pursuant to Section 12 of the Act and copies of the staff report and the proposed development charge by-law amendment were made available to the public on August 11, 2014; and WHEREAS a Public Meeting was held on September 8, 2014 to hear comments and representations from all persons; and NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: That Section 13, Timing of Calculation and Payment, of By-Law 3827 be amended and replaced by: 13.(1) Development charges shall be calculated and payable in full in money or by provision of services as may be agreed upon, or by credit granted and defined by various references in the Development Charges Act, on the date that the first building permit is issued in relation to a building or structure on land to which a development charge applies. (2) Where development charges apply to land 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. (3) Where development charges apply to land in relation to which a building permit is required for new residential construction for a single, row, townhome and semi-detached residential dwellings, the portion of the Tillson burg Development Charges related to construction of Model Homes, shall be deferred until occupancy for up to six model homes per development site per year. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 81h day of September, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 81h day of September, 2014. MAYOR-Dave Beres TOWN CLERK-Donna Wilson Title: Report No.: Author: Meeting Type: STAFF REPORT FINANCE AUDIT SERVICES PROPOSALS FIN 14-27 Darrell Eddington COUNCIL MEETING Council/Committee AUGUST 11, 2014 Date: Attachments: THI BOARD RECOMMENDATION RECOMMENDATION THAT Council receive Report FIN 14-27 Audit Services Proposals. And THAT Council approves Scrimgeour & Company as the Town's auditor for the years ending December 31, 2014 through to December 31, 2018. EXECUTIVE SUMMARY On May 1, 2014, the Corporation of the Town of Tillsonburg (Town) and Tillsonburg Hydro Inc. (THI) placed a Request for Proposal -Audit Services (RFP # FI-001). Bid submissions for this request had a closing date of Monday, May 26th, 2014 at 12:00 p.m. (EST). Bid submissions were reviewed by town staff based on a weighting scale that included several measures. Price was a factor in the recommendation, however, technical qualifications of the firms, past performance and experience and other factors were also considered. The four submissions and related scoring and pricing are attached for the Council's consideration. At the request of THI, staff reviewed the possibility of having separate auditors providing audit services for the Town and Tillsonburg Hydro Inc. (THI), however, this option was not deemed feasible due to the resulting duplication of audit work on limited Town resources, additional audit time and expense. In addition, the auditor must annually attest to their independence thereby negating a potential benefit of a separate auditor. Based on several factors, including the excellent past and present working relationship with the Town and THI, scoring of the audit submission and combined pricing, staff recommends the selection of Scrimgeour & Company as the Town's Auditor. CAO July 15, 2014 Tillson burg Town Council Shareholder ofTHI Town of Tillsonburg 200 Broadway Tillsonburg, ON N4G SA7 Dear Shareholder: RE: Board Recommendation Please be advised that at the Tillsonburg Hydro Inc. Meeting of July 15, 2014, the Board passed the following resolution: Moved By: Board Member Bossy Seconded By: Board Member Sibbick THAT the Board receives Report FIN THI14-10 2014 Request for Proposal-Audit Services (RFP # Fl-001}. AND THAT the Board recommends to the shareholder to select Scrimgeour & Company for audit services for the years ending December 31, 2014 through to December 31, 2018. Carried Regards, Donna Wilson Recording Secretary TIIIsonburg Hydro Inc. CORPORATE OFFICE 200 Broadway, Tillsonburg, Ontario, N4G 5A7, Telephone# (519) 842-6428, Fax# (519) 842-9431 Web: www.town.tillsonburg.on.ca STAFF REPORT OPERATIONS SERVICES Report Title: Fleet Sidewalk Tractor Tender Report Report No.: OPS 14-15 Author: Dave Davis, Fleet Manager Meeting Type: COUNCIL MEETING Council Date: AUGUST 11, 2014 Attachments: NONE RECOMMENDATION: THAT Council receives Report OPS 14-15, Tender Results for the Sidewalk Tractor, AND THAT Council accepts the lowest bid and authorizes the purchase of a new sidewalk tractor, with the automatic greasing system option for $2,995, from Trackless Vehicles at tender price of $115,500 all plus applicable taxes. EXECUTIVE SUMMARY As per the 2014 Fleet Operations Business Plan a tender was issued for the supply and delivery of a new municipal sidewalk tractor complete with snowblower and sander attachments. CONSULTATION/COMMUNICATION The approved 2014 Fleet Operations Business Plan identified the need to replace Unit #99, a 2002 Trackless MT5 sidewalk tractor. The tender issued closed on July 25, 2014 with bids received from four (4) OEM manufacturers of varying types and designs of sidewalk tractors. Tender Results All bids shown are taxes extra. 1. Trackless Vehicles, Courtland Ont 2. Cubex Ltd, Brantford Ont 3. Joe Johnson Equipment, Barrie Ont 4. Viking -Cives, Mount Forrest Ont Trackless MT6 Maclean MV Trackless MT6 MB MSV $115,500.00 $125,531.15 $127,000.00 $132,111.38 STAFF REPORT PARKS AND RECREATION SERVICES Title: Skate Shop and Concession Renewals Report No.: PRS 14-28 Author: Janet McCurdy Meeting Type: Council Meeting Council/ Committee Date: August 11, 2014 Attachments: • Concession Operations Terms Of Agreement • PRS 12-19 Amended Agreement for Concession Operations • Skate Shop Operations Terms Of Agreement RECOMMENDATION THAT Council receive Report PRS 14-28 Concession and Skate Shop Renewals for information; and FURTHER THAT the existing vendors The Tillsonburg Skate Shop and Beres Catering be renewed at their current terms until August 31, 2018. EXECUTIVE SUMMARY The current contracts with vendors for the Skate Shop and Concession at the Tillsonburg Community Centre expire at the end of August. The contracts contain an option to renew but do not specify the length. The current vendors are in good standing and staff recommends renewing the contracts for four years. BACKGROUND Skate Shop Since 2008, the facility has been operated by Tillsonburg Skate Shop, which has provided good service to the facility users. A Request for Proposal was issued May 12, 2011 and interest was expressed by only one proponent. A Form of Agreement was approved by Council in 2011 as a formal contract for three years with an option for further renewal. The current contract ends August 31, 2014. Concession Since 2009, the Concession has been operated by Beres Catering, which has provided good service to the facility users. During the most recent Request for Proposal only one vendor submitted a bid. A Form of Agreement was approved by Council in 2011 as a formal contract for three years with an option for further renewal. Council approved an amendment to the Agreement in the fall of 2012, reducing the contracted rental fee from $600 to $300 for the months of April through August. (Report PRS 12-19 -attached) The current contract ends August 31, 2014. PRS 14-28-Concession & Skate Shop Renewals.docx 1/2 tJl/IIIIIIZ(Ji/{~onbui(J ==:=1 a~ftJU!f&tfub.~ CONCESSION OPERATIONS TERMS OF AGREEMENT THIS AGREEMENT made in TRIPLICATE ON the ~-.lJ...-day of~~ L.s-\ In the year Two Thousand and Eleven by and between: The Corporation of the Tillson burg Community Centre OF THE FIRST PART And BERES CATERING OF THE SECOND PART WHEREAS the Tillsonburg Community Centre owns the Arena, and for the purposes of providing food services to the users of the arena requires an operator to offer such services; AND WHERAS the Operator submitted a written proposal to the Tillsonburg Community Centre offering concessions services; Resolution No. 8: Moved by: Councillor Klein Seconded by: Deputy Mayor Renaud AND RESOLVE THAT Council receive Report CSD 2011-10 Request for Proposal Results Skate Shop and Concession Operations, as information; FURTHER RESOLVE THAT Council award the Skate Shop Operation to Tillsonburg Skate Shop for a period of three years commencing September 1, 2011 AND FURTHER RESOLVE THAT Council awards the Concession Operation to Beres Catering for a period of three years commencing October 1, 2011. "Carried" NOW THEREFORE THE PARTIES, in consideration of the mutual covenants and agreements hereinafter set out, hereby agree as follows: DEFINITIONS: Whenever in this Agreement the following words or phrases are used, they shall have the following meanings: a. "Business Premises" shall mean the Tillsonburg Community Centre Arena Concessions to which this Agreement applies. b. "Facility" shall mean the Tillsonburg Community Centre in its entirety c. "Food Services" shall mean all food and food related products and non- alcoholic beverages (limited to beverages, as per the agreement between the current provider and the Tlllsonburg Community Centre), operations required to provide the concession service within the Business Premises. 1. Right to Sell Food at Business Premises The Tillsonburg Community Centre grants to the Operator exclusive rights to sell food and non-alcoholic beverages within the concessions as outlined in the term of this Agreement. Items to be sold shall be limited to food products. Available space beyond the Business Premises will include the first partitioned area in Marwood Lounge. Tillsonburg Community Centre will provide the following furniture: -Square Tables (4x4)-Quantity of 4 -Chairs -Quantity of 16 -Garbage can -Quantity of 1 2. Terms of Agreement The Agreement is effective from the Term, beginning October 1, 2011 and ending August 31, 2014, unless terminated under the provisions of Articles 11 or 12, as applicable. · Option for re-negotiation of payment and further renewal. Payment for future years to be negotiated on a percentage of sales based on operator's financial statements submitted. 3. Scope of Service The Operator hereby agrees, as part of this Agreement, to be bound by and abide by all of the terms and conditions contained herein. The Operator will operate the food concession for the visitors within the Business Premises. Both parties agree that the food services hours will be based on the activity level or events within the Facility. Operator shall post hours of operation in a conspicuous location and provide a copy to Tfllsonburg Community Centre Customer Service Desk. The concessions shall be available to the operator during posted Tillsonburg Community Centre business hours as attached in Appendix A. r- I •"" (' ,, I. ,., It is the responsibility of the Operator to notify the Tillsonburg Community Centre and Parks & Facilities Manager immediately if a piece of Tillsonburg Community Centre owned equipment becomes non-functioning lr a safety hazard. 6. Concession Operator's Responsibilities • Provide copy of WSIB Certificate 2011 • Provide copy of Proof of Insurance under a commercial policy with Dominion Insurance with the Town of Tillson burg co insured • Licensed and registered with the Town of Tillson burg since 1976 • Providing catering services to Tillsonburg and area at another preparation facility approved by the Oxford County Community Health Unit • Committed to operating the business premises at least 4 hours per week day and up to 12 hours weekends and holidays in conjunction with Tillsonburg Community Centre programs and events. Hours will be posted. • Operations would be from October until April of the following year or into the summer season for special events and circumstances • Concessions staff will be available to receive and accept all orders and services • Concessions Operator will make facility available to the Oxford County Board of Health for Inspection • Concession operator's staff is responsible for cleaning and sanitizing the concession area as well are the tables and condiment area. • Concession operator to maintain and repair or replace all equipment on loan to us from the Tillsonburg Community Centre • Concessions operator to provide relatively healthy menu board (agreeable with Tillsonburg Community Centre staff) at affordable family prices competitive with local arena concessions • Food and packaging supplies will be purchased and billed directly to the concessions operator • Concessions operator to provide cell phones to concession staff on duty • Concession operator to rekey business lock and provide emergency key for Tillsonburg Community Centre's key box. • Concession operator to comply with all Ontario Occupational Health & Safety Act • Vending machines and portable snack concessions are the responsibility of the Tillsonburg Community Centre • Commence the Contract on October 1, 2011 and execution of all contract documents and complete substantially all work by April 1, 2014 • Concession operator is responsible for the cost of all range hood inspections to meet NFPA guidelines 7. Provisions and Indemnities The Operator agrees to not permit any liens or encumbrances to be placed against the property of the Tillson burg Community Centre as a result of its failure to make all payments or perform all obligations as required and will take all necessary steps at the Operator's expense to remove such liens. 11. Termination for Convenience The Operator or the Tillsonburg Community Centre shall have the right to terminate this Agreement within ninety (90) days written notice without cause. If this cause is invoked, all outstanding monies shall be payable to the Tillsonburg Community Centre within ninety (90) days of termination. 12. Loss or Damage It is the Operator's responsibility to maintain appropriate controls over the storage and safekeeping of property belonging to the operator and or their staff (including but not limited to inventory and money) maintained on the premises. The Tillsonburg Community Centre will not be liable for any loss or damage to the Operator's property stored on the premises, for any reason. 13. Force Majeure and Limitation Liability Neither party shall be held liable for non-performance or damages if caused by events of Force Majeure. Without limiting the generality thereof, events of Force Majeure include events such as fire, flood, unusually severe wither and Act of God, which events in every case are beyond the reasonable control of a party, provided the same shall not apply to delay or excuse any financial obligation. In no event shall either party be liable for any indirect, special, compensatory or contingent damages or for the loss of opportunity, revenue or profit howsoever caused. Acceptance SIGNED jl ~ I ·is~ day of /·1 ~ :CZ'rts\ 12011 /-lL14.-t1 I 171 t.C.L.(..((i;_ Til. onburg Community CentrtUlanager Janet McCurdy • The Town of Tillsonburg reserves the right to cancel this agreement within (15) days written notice for non performance or any other breach of this agreement • All terms and conditions of this agreement shall be for a three year period. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written, Signing officers in that behalf. SIGNEDAND DELIVERED In the Presence of CONTRACTOR BERES CATERING / TOWN OF TILLSONBURG Mayo•-¥)r&fi Clerk -Donna Hemeryck PRS 12-19 Amended Agreement for Concession Operations DATE: TO: FROM: SUBJECT: November 26, 2012 David Samis, Interim CAO Rick Cox, Director of Parks & Recreation PRS 12-19 AMENDED AGREEMENT FOR CONCESSION OPERATIONS RECOMMENDATIONS RESOLVE THAT Council receive Report PRS 2012-19 Amended Agreement for Concession Operations, as information; FURTHER RESOLVE THAT the Agreement between the Town and Beres Catering be amended to reduce the monthly rental fee for the months of April through August in 2013 and 2014 to $300 plus applicable taxes. PURPOSE This report will provide Council with an explanation of the request by Beres Catering to amend their Agreement with the Town for the provision of concession operations at the Arena. HISTORY & DISCUSSION The Town entered into an Agreement with Beres Catering, effective October 2011. The Agreement was authorized in August 2011 and states, in part, that: During the term of this Agreement the Operator shall pay a monthly rental fee as agreed of $600. 00 plus applicable taxes. Having operated the Concession for a full season, Beres Catering requested a reduction in their fees to reflect the very minimal sales activity for the months of April through August. The request was to eliminate the rental fee for those months for the entire duration of the contract. After discussion within the management team, staff replied with an alternative position, namely that of reducing the rent by 50% for the months of April through August for the remainder of the contract. Beres Catering has accepted this position, resulting in the following proposed amendment to the Agreement: II Page SKATE SHOP OPERATIONS TERMS OF AGREEMENT THIS AGREEMENT made in TRIPUCATE ON the~ day of A.Jtrz:3r.s± in the year Two Thousand and Eleven by and between: THE CORPORATION OF THE TOWN OF TILLSONBURG, OF THE FIRST PART And TILLSONBURG SKATE SHOP OF THE SECOND PART [Hereinafter called the "Operator"] WITNESSETH: that the Tillsonburg Community Centre owns the Arena, and for the purposes of providing skate shop services to the users of the arena requires and operator to offer such services; AND WHEREAS the Operator submitted a written proposal to the Tillsonburg Community Center offering Skate Shop services; Resolution No. 8; Moved by: Councillor Klein Seconded by: Deputy Mayor Renaud AND RESOLVE THAT Council receive Report CSD 2011-10 Request for Proposal Results Skate Shop and Concession Operations, as information; FURTHER RESOLVE THAT Council award the Skate Shop Operation to Tillsonburg Skate Shop for a period of three years commencing September 1, 2011 AND FURTHER RESOLVE THAT Council awards the Concession Operation to Beres Catering for a period of three years commencing October 1, 2011. 11Carried11 NOW THEREFORE THE PARTIES, in consideration of the mutual covenants and agreements hereinafter set out, hereby agree as follows: The Operator shall also keep such other records as are necessary to perform its duties efficiently and in accordance to the laws of Canada and the Province of Ontario and shall produce these records for inspection when requested by authorized representatives. 6. Skate Shop Operator's Responsibilities • Post hours of operation near the entrance of the leased space • Provide copy of WSIB Certificate 2011 • Provide copy of Proof of Insurance under a commercial policy with Dominion Insurance with the Town of Tillson burg co insured • Operations would be from October until April of the following year or into the summer season for special events and circumstances • Skate Shop staff will be available to receive and accept all orders and services • Skate shop operator to provide cell phones to concession staff on duty • Skate shop operator to rekey business lock and provide emergency key for Tillsonburg Community Centre's key box. • Skate shop operator to comply with all Ontario Occupational Health & Safety Act • Commence the Contract on October 1, 2011 and execution of all contract documents and complete substantially all work by April 1, 2014 7. Provisions and Indemnities The Operator agrees to not permit any liens or encumbrances to be placed against the property of the Tillson burg community Centre as a result of its faflure to make all payments or perform all obligations as required and will take all necessary steps at the Operator's expense to remove such liens. The Operator agrees to be fully responsible for all actions or omissions of its agents, employees, servants and invitees, and hereby agrees to Indemnify and save harmless the Tillsonburg Community Centre regulations, by-laws and procedures, including, and without limiting the generality of the foregoing, those regulations by- laws and procedures pertaining to safety and security. The above provisions and indemnities shall survive the termination or cassation of this Agreement. 8. Successor and Assigns This Agreement shall extend to and be binding upon the parties hereto, and their respective successors and assigns provided that neither party shall be entitled to assign its interest in this Agreement or any portion thereof without the prior written consent if the other party, which consent shall not be unreasonably withheld. \ i In no event shall either party be liable for any indirect, special, compensatory or contingent damages or for the loss of opportunity, revenue or profit howsoever caused. Acceptance SIGNED Dated at Tillsonburg Community Centre this ~9 day of~· 2011 The Operator shall: Uu.t:-m~,a, Til nburg Community c:n/e'Manager Ja et McCurdy • Provide a promise of performance for operating hours as listed in the proposal from the proponent dated April 28, 2011 as follows, The store will be open from September 1 -March 31 of each year, closing from April to August. If the store wishes to extend their operating season or open in the summer then a prorated fee will be charged based on operating days. Monday-Friday 5-9 p.m. Saturday -9-8 p.m. Sunday 10-4 p.m. • Do and fulfill everything Indicated by this Agreement; and ensure the following, • That all employees are trained in WHMIS and all MSDS binders are kept up to date in all locations. • That all facilities are secure and attended during posted work hours • That all employees are sufficiently trained by the contractor to ensure they are aware of their duties and all applicable Health and Safety regulations pertaining to the work. • Public Liability Insurance -The Contractor covenants and agrees that they will carry public liability insurance for the operation of their equipment and the carrying out of their work under their equipment and the carrying out of their work under this contract to the extent of $2,000,000.00. The Contractor signing officers in that behalf. SIGNEDAND DELIVERED In the Presence of CONTRACTOR TILLSONBURG SKATE SHOP ~==------- Clerk -Donna Hemeryck STAFF REPORT PARKS AND RECREATION SERVICES Title: Tillsonburg Cemetery Columbarium Tender Results Report No.: PRS 14-31 Author: KELLY l. BATT Meeting Type: COUNCIL MEETING Council/Committee AUGUST 11, 2014 Date: Attachments: • COLUMBARIA DIAGRAMS RECOMMENDATION THAT Council receives Report PRS 14-31 Tillsonburg Cemetery Columbarium Tender Results for information, AND THAT Council award the contract to CFC Supply at a tendered cost of $17,280.00 plus H.S.T. EXECUTIVE SUMMARY A tender was issued for the purchase of a 96 niche columbarium for the Tillson burg Cemetery. The tender was advertised using approved procurement procedures. CFC Supply had the most competitive price of $17,280.00. BACKGROUND INFORMATION As a result of increased popularity of interments in columbarium niches, the 48 niche unit installed in 2013 is nearly sold out and provisions must be made to have a supply available to future customers. As part of this process a revised master plan layout is being completed to plan for future columbarium purchases and positioning for future years. Based on customer preferences of existing columbaria, staff determined the preferred style of columbaria is the 96 niche column design, and the master plan will incorporate this style. Town staff will have to pour a concrete base prior to the delivery of the unit and make provisions for hardscape and landscaping for the area. In order to provide time for construction of the unit, the order needs to be placed up to 180 days in advance. At current pricing a 96 niche columbarium unit will gross about $135,000, with a total cost of about $35,000 including all associated costs. A columbarium should secure revenue equal to an average of three times the gross costs. This is an industry average to help determine construction costs as well as niche pricing. Below is a summary of the tendered prices. PRS 14-31-Cemetery Columbarium Tender Results.docx 112 *CFCSUPPLY Proprietary and Confidential The Information on this drawing are property of CFC Supply. Any reproduction without the permis- sion of CFC Supply is prohibited .! A I •• 9 I -L=tl -48 y "I E. ·- -\. 7 • '"\ ---( / / / .r !e- ~~· 16" d1ameter x 6' 0" concrete pile reinforced with 4-20m bars full length & 10m tles®12"o.co 6" concrete slab c{w 20m bars ®12 o.c. 1------9~·-------1 Concrete Base Design 6" concrete slab c/w 20m bars ®12"o.c. bZ!Z1; n f.r»u;r;riau . ..-u0ir.r;;tt;t;J!....-4" plastic voldform 16" dometer x 6• 0'" concrete pile reinforced wflh 4 -20m ben full length & 10m ties <i 1 'Z' o.co Cross SecHon Pile and Slab +cFCSUPPLY SPECifiCATIONS Concrete: Proprietary and ConfldenHaf The information on this drawing are property of CFC Supply. Any reproduction without the permis- sion of CFC Supply is prohibited I. AH concrete wak shoD be 1n oceordcnca with spectncotfons and ASA standatds 2. Concntie Properties Agg Size: 3/4" 2B day stranglh-25 mpa W/C ratio-.56 Air 45-75 F2 Reinforcing Rod: 1. Stool relnlorcement shaD bo minimum grade 400 MPs dolormed bars confamlng to ASA siandards. COMMERCIAL GENERAL UABIUTY 110 Claims Made OR [!] Occurrence D Products and/or completed operations D Employer's liability (KJ Cross Uability Tenanls Legal UaMity PoRution Uabilily Extension Non-Owned AutomobHes Hired Automobies AUTOMOBILE LIABILITY D Described Automobiles D All Owned Automobnes D Leased Automobiles .. D D 4973023 ALLIANCE WINDSOR INSURANCE BROKERS I 3100 TEMPLE DRIVE, SUITE 500 WINDSOR, ONTARIO N8W 5J6 BROKER CLIENT 10: WI NV 50 Non-Owned Automobfte Bodily lnjwy and Property Damage Combined Bodilylnjwy (Per Person) Bodily lnjwy {Per Accident) Property Damage 2,000,000 No No (619) 973-3687 Title: Report No.: Author: Meeting Type: STAFF REPORT PARKS AND RECREATION SERVICES F.A.R.E. Program Update (Fee Assisted Recreational Experiences) PRS 14-29 Janet McCurdy&. Laurie Monk Council Meeting Council/ Committee Date: August 11, 2014 Attachments: RECOMMENDATION THAT Council receives Report PRS 14-29 F.A.R.E. Program Update (Fee Assisted Recreational Experiences) for information. EXECUTIVE SUMMARY The Town of Tillsonburg -Parks and Recreation Department in partnership with United Way Oxford have provided a recreation fee subsidy program to Oxford County residents who are in financial need. This report provides Council with an update on the program implementation to date. BACKGROUND In December 2013, United Way Oxford provided a $15,000 grant to the Town of Tillsonburg to implement a recreation fee subsidy program in 2014. Recreation fee subsidies enhance access to recreation and the F.A.R.E. program is available to eligible individuals and families for admissions and program registration at the Tillsonburg Community Centre. The Town's contribution to the subsidy is that each approved applicant receives a Skate/Swim Indoor Pool and Lake Lisgar Waterpark Membership to attend any age appropriate swim and skate. To be eligible for assistance, applicants must be: • Residents of Oxford County; and • Have a total household income below the Stats Canada Low-Income Cut Off's (LICO). Proof of financial status must be provided. Once a client has been approved for the program, each family member receives a $150.00 credit on their account to use when registering for any recreational activity provided by Tillsonburg Parks and Recreation Services. To date, the full amount of $15,000 has been committed to 100 eligible individuals, consisting of 34 families. There are 16 families currently on a waiting list. Staff continues to provide leisure counselling to all participants to ensure that the committed funds are going to be used. If not, the funds will be freed up to reduce the waiting list. PRS 14-29-FARE Program Update.docx 1/2 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3841 A BY-LAW to Authorize an Amending Agreement Between the Corporation of the Town of Tillsonburg and Ceridian Canada Ltd. WHEREAS the Corporation of the Town ofTillsonburg deems it necessary and expedient to amend an agreement with Ceridian Canada Ltd; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Agreement 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 marked as Schedule "A" on behalf ofthe Corporation of the Town ofTillsonburg. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS ll1h DAY OF AUGUST, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS lltn DAY OF AUGUST, 2014. MAYOR-Dave Beres CLERK -Donna Wilson ~DIAN SERVICE TERM: 36 Months TERRITORY· Canada CUENT INFORMATlON Client Name The Corporation of the Town ofTillsonburg Service Contact Darrell Eddington SERVICE EXHIBIT CERIDIAN DAYFORCE HUMAN CAPITAL MANAGEMENT ,,, the "Client" I Phone No. I Fax No. e-mail (519) 842-6428 x3251 (519) 842-9654 deddington@town.tillsonburg.on.ca Billing Street Address I City State/Province I Zip/Postal Code 200 Broadway 2nd Floor Tillsonburg Ontario N4G5A7 1. SERVICE EXECUTIVE SUMMARY Ceridian shall provide Client with Ceridian Dayforce Human Capital Management Services within the Territory, consisting of access to and use of the Subscribed Modules, in conjunction with those Services as further described in this Service Exhibit. Client's use or non-use of any particular function does not impact its availability or the Fees payable. 2. CAPITALIZED AND DEFINED TERMS 2.1 All capitalized terms used herein and not defined shall have the same meaning as in the Agreement. 2.2 As used in this Service Exhibit: 2.2.1 "Annuallnffation Index" means (i) in the case of the United States, the Employment Cost Index: Total Compensation: All Works: Civilian, Not Seasonally Adjusted (ECI), as published by the Bureau of Labor Statistics, US Department of Labor; and (ii) in the case of Canada, the Consumer Price Index, as published by Statistics Canada, Government of Canada; 2.2.2 "Ceridian Clocks" means clocks, hardware and other ancillary products, sold by Ceridian to Client as part of the Services. as set forth in the attached Pricing Schedule; 2.2.3 "Documentation" means all documentation relating to the Software, whether in machine-readable or printed form, provided by Ceridian to Client, including any updates, revisions, new versions, and supplements to the Documentation; 2.2.4 "Funding Authorization" means such written authorization, power of attorney or other form executed by Client from time to time as reasonably required by Ceridian to authorize and permit Ceridian to withdraw money, forward payments or take other steps to facilitate the movement of payments as part of the Service; 2.2.5 "Funds" means those funds to be received by Ceridian from Client, in an amount equal to the Payments to be made for a particular Payroll; 2.2.6 "Modifications" means any error corrections, modifications or enhancements to the Software that are included by Ceridian in Support of the Software to all customers; 2.2.7 "New Versions" means new versions of the Software that may be deployed by Ceridian to Client for license pursuant to this Service Exhibit; 2.2.8 "Number of Employees" means the number of employee records in the Software that do not have a terminated status, including full-time and part-time employees as well as any contingent labor or contractors, or any other individual in respect of whom information is being recorded in a Subscribed Module, and all administrators or other users who are accessing the Software or database relating to the Services (for the purposes of this Service Exhibit. each shall be considered an "Employee"); 2.2.9 "One Time Fees" means those Fees set forth in the Pricing Schedule under the heading "One Time Fees", including those Fees payable for the implementation and training Services, or are otherwise identified or understood to be one time or non recurring Fees, including any Fees payable with respect to change orders; 2.2.1 0 "Payments" means the payments to be made by Ceridian on Client's behalf hereunder, in respect of wages to its Employees, statutory remittances, tax filing liabilities and other third party payments as directed by Client and agreed to by Ceridian; 2.2.11 "Payroll" means the payroll of Client processed or to be processed by Ceridian with which the Service is associated; 2.2.12 "Rate Sheet" means the document that itemizes those ancillary services offered by Ceridian to its clients at the then current rate, not otherwise stated in the Pricing Schedule; 2.2.13 "Recurring Fees" means those Fees set forth in the Pricing Schedule under the heading "Recurring Fees", or are otherwise identified or understood to be Fees which are payable on the periodic recurring basis stated in the Pricing Schedule; 2.2.14 "SeNice Start Date" means the actual date on which the Services move beyond the test stage and Ceridian has confirmed (acting reasonably) that the Services are ready for use in a live production environment, which will generally be when the Software is loaded with Client organizational structure, employee information and Client specific rules and Client has administrative control of the Software; 2.2.15 "Services" means, collectively, access to the Subscribed Modules, together with all other Services described in this Service Exhibit; 2.2.16 "Software" means the software program(s) licensed by Ceridian to Client through which the Service will be provided, together with all Modifications and New Versions; 2.2.17 "Subscribed Module(s)" means, at a given date, the module(s) to which Ceridian will provide Client access as part of the Service and as set forth in a written Statement of Work ("SOW'), signed by both Ceridian and Client; The Corporation of the Town of Tillsonburg_AmendmentAgreement00009125.0 Page 2 of 14 (ii) Client will designate named support users to triage all internal support incidents reported by end users. Triage occurring by Client support users includes: checking the Documentation for assistance in dealing with the reported incident, attempting to reproduce the incident in a production copy, and documenting the steps required to reproduce the incident. Upon reporting an incident, Client agrees to cooperate, work closely with, and provide assistance to Ceridian in the investigation, diagnosis, and resolution of the incident. (iii) Ceridian shall have the right to access Client's account from time to time, for purposes of Support, administration, invoicing and to inspect Client's utilization of the Services so as to ensure Client's compliance with the provisions of this Agreement, as reasonably necessary in Ceridian's sole discretion. 6. ONGOING SERVICES AND SUPPORT. The scope of ongoing I recurring Services outlined below provides a breakdown of the key functionality and deliverables to be provided, and the respective rights and obligations of Ceridian and Client. 6.1 Payment Solutions and Funds Transfer 6.1.1 Ceridian's Obligations. Ceridian will: (i) issue the Payments in accordance with the Payroll and Payment processing schedule, as agreed upon by the Parties, to meet Client's Payroll obligations, by way of: (a) submitting Payment information to the appropriate funds transfer network(s) in the form required for the electronic crediting/direct deposit of payment to the designated bank accounts of Employees; and/or (b) create negotiable paychecks to the order of Employees drawn on the Trust account. Each paycheck will be printed on Ceridian check stock with Ceridian officer's signature and Ceridian logo using the check data and account provided by Client; (ii) process file reversals, request stop payment orders and request direct deposit reversals upon Client's written request; (iii) process stop payments up to five (5) Business Days of settlement date and direct deposit reversals upon Client's written request on the day of receipt when request is received by 2:00pm Eastern Time; (iv) at the request of Client or at Ceridian's option, provide Client a report identifying un-cashed paychecks considered stale dated, and pay to Client an amount equivalent to any Payroll Funds held on account of Payments against which stop payments have been placed, or which are, according to banking practice, considered to be stale-dated (less a reasonable administration fee; or at the request of Client, such Payroll Funds may be credited to Client's next Payroll); (v) notify Client of exceptions related to paychecks processing and pre-notification rejections, bank requested notification of change requests, and returned credits related to direct deposit services ("Exceptions"); (vi) notify Client of any errors or other circumstances in the event Ceridian is unable to provide Payments and either re-performs Services (when possible) or arrange return of unpaid funds to Client. Unpaid Payroll Funds will be returned only after verification of available and sufficient fund balances (with time allowances for returned items) by the bank in which such funds are held; and (vii) establish and maintain the Trust for the purpose of holding and keeping Funds and other trust funds received from its clients separate from Ceridian's own property. For clarity, the principal amount of the Funds receiVed by Ceridian from Client shall at all times while in the possession or control of Ceridian, be held in its capacity as trustee of the Trust. 6.1.2 Client's Obligations. Client will: (i) enter, maintain and transmit (via the Software) Payroll data to Ceridian, such number of days as established by Ceridian (acting reasonably) prior to the date the paychecks are to be issued and deposits are to be made, as required to meet agreed upon processing schedules; (ii) review and audit all Payroll data, reports and other materials prior to committing the Payroll. Client shall correct any discrepancies or errors in such materials prior to the next scheduled processing; (iii) monitor changes to those laws specifically applicable to Client's business, interpreting applicable laws and regulations, determining the requirements for compliance with such laws and regulations, and notifying Ceridian of any changes to the Payroll processing required as a result of such laws; (iv) correct Exceptions before transmitting Payroll data for Client's next Payroll (otherwise Client could be in breach of applicable laws or regulations); (v) be responsible for contacting payees to resolve payment of any voided paychecks and reimburse Ceridian for any losses and fees incurred by Ceridian in circumstances where Ceridian honors Client's request to initiate a stop payment order and issues a replacement check, but the check originally issued is subsequently presented for payment by a holder in due course (including fraud or misconduct on the part of Employees); (vi) require Employees to complete, sign and maintain any account funding authorizations or other documents or authorizations necessary for Ceridian to provide Services, including authorizations for the initiation of credit entries. Without limitation, Client shall ensure that each Employee utilizing Ceridian's direct deposit service has authorized the initiation of credit entries and the crediting of the Employee account, as well as the debiting of the Employee account through a file reversal in the event of a returned item from Client's account or any funding deficiency by Client (to extent permitted by law). Client must ensure that such authorizations are operative at the time of transmittal and crediting/debiting of the Employee accounts; (vii) hereby grant to Ceridian the authority to issue Payments on behalf of Client, and to take such other action as may be necessary from time to time in connection with the provision of the Services, which might authorize to instruct its bank to stop payment and authorize to refuse payment as required to provide the Services; (viii) pay for all reasonable expenses incurred by Ceridian as a result of Client errors or omissions; (ix) forward the Funds to an account established by the Trust as directed by Ceridian. The Funds will be provided by Client in a manner satisfactory to Ceridian (acting reasonably) and where Ceridian is debiting Client's account, Client will fully fund such account and authorize the initiation of debit entries and the debiting of the account in the amount and on the date specified, and ensure that such authorization is operative at the time of transmittal and debiting of Client account. Ceridian shall not be obliged to release any Payroll documents or to make or honor any Payments until it has received confirmation that Client's financial institution upon which the Funds have been drawn has irrevocably honored such request for advance of funds. In this regard, Ceridian reserves the right, at its option, to implement such procedures as may reasonably be required to guarantee the irrevocable receipt by it of the Funds prior to Ceridian paying out any such funds; and (x) provide Ceridian with Funds in an amount equal to the tax liability Payments to be made for a particular Payroll. 6.2 Tax Filing Services 6.2.1 Ceridian's Obligations. Ceridian will: (i) prepare, deposit, and file Client's Payroll tax returns for those federal, state/provincial and local jurisdictions supported by Ceridian and reflected on Client's Tax jurisdictional profile; (ii) provide Client with a regular tax statement for each Client tax registration number processed by Ceridian; (iii) provide, prepare and file employer Tax Forms in the formats required by each Taxing Authority provided that Ceridian has provided tax filing Services for Client for the entire calendar year or Client has provided quarterly tax filing data in accordance with Section 6.2.2(ix); The Corporation of the Town of Tillsonburg_AmendmentAgreemento0009125.0 Page 4 of 14 (i) make available a suitable place of installation, adequate power and surge protection, and cabling. Client is responsible for location and mounting of the terminal(s) in compliance with accessibility laws and all building codes; (ii) install and test terminal(s); (iii) within fifteen (15) days of the receipt of terminal(s), notify Ceridian of any material Defect in terminal(s). If Client does not send written notice of the occurrence of a material Defect within such fifteen day time period, Client will be deemed to have accepted terminal(s); (iv) Client must return any rented hardware within fifteen (15) days upon termination of this Service Exhibit. Clock rental fees will continue to accrue until all hardware has been returned; (v) except for NEMA clocks which may not be returned, Client has the option to return rental or capital purchased hardware, within forty-five (45) days of receiving shipment, so long as the hardware is unopened and unused. Client is responsible for shipping costs of returned clocks. Any returns not meeting the above conditions are not eligible for a refund of fees paid; (vi) if applicable, rental fees will begin to accrue immediately upon receipt of the rented clocks, and are required for a minimum period of twelve (12) months. Rental fees are applicable for the duration oftime during which Client has the clocks in their possession. Rental fee accrual will not be terminated without an approved rma and will continue until Ceridian receives all clocks. If Client places the implementation on hold for any reason, clock rental fees will continue to apply; and (vii) with the exception of NEMA clocks, if an emergency replacement of any terminal is required as part of the maintenance coverage, Client is obligated to return the original terminal(s) within fifteen (15) days of shipment of replacement. If Client does not return the original terminal(s) within this timeframe, Client will be charged full list price for the replacement terminal(s). 7.2 Ceridian Clock Warranty. Ceridian warrants that it has the right to sell terminal(s) to Client. Ceridian is not responsible or liable for damage, malfunction, or performance failures resulting from changes made to terminal(s) after acceptance or damage caused by the misuse, physical abuse, improper operation, the environment or other causes beyond Ceridian's exclusive control. 8. SERVICE FEES AND PAYMENT 8.1 Fees. The Fees payable by Client to Ceridian for the Services are as set forth in the attached Pricing Schedule. The Fees are exclusive of all Taxes. In addition to the Fees, Client shall reimburse Ceridian for all expenses (if any, in accordance with Ceridian's expense policy) incurred in connection with the implementation and provision of the Services, including travel, accommodation and meals. Except as otherwise slated herein, all invoices will be due and payable by direct deposit within thirty (30) days of the dale of invoice. 8.2 One Time Fees. 8.2.1 The One Time Fees have been calculated taking into account the work and materials Ceridian has reasonably estimated will be required to implement the Service. This estimate has been made by Ceridian in good faith based on the information available to Ceridian at the time of executing this Service Exhibit, including information and representations provided by Client. To the extent that new or additional information becomes available to Ceridian which impacts the estimated One Time Fees, the Parties shall mutually agree to necessary changes to the SOW (including to corresponding Fees). 8.2.2 Subject to any payment terms to the contrary in the SOW, the One Time Implementation Fees will be invoiced and payable in two (2) installments as follows: (i) fifty percent (50%) at the dale implementation Services are started (generally by way of a kick off meeting) and (ii) fifty percent (50%) at Service Start Date. However, Ceridian reserves the right to invoice and require payment of One Time Fees on a monthly basis (including for longer I more complex implementations), based on the amount of work completed each month. 8.2.3 All One Time Fees in respect of purchased or rented clocks, badges or other tangible items or hardware, will be invoiced upon shipment. 8.3 Recurring Fees. 8.3.1 The monthly Recurring Fees will be invoiced and payable monthly in advance, commencing as of the Service Start Date, based on the Number of Employees as at the 15th of each calendar month, or such other date as may be communicated to Client by Ceridian. Services included in the Pricing Schedule that are based on a per occurrence (e.g., Fees for ancillary services shown on the Rate Sheet), will be invoiced monthly in arrears. Any estimated annual Fees shown in the Pricing Schedule are estimates only, based on Client's Number of Employees and/or transaction count as at the date of signing this Service Exhibit. 8.3.2 When and if made available by Ceridian, at Client's election, SMS text messaging for "Alerts and Notifications" functionality will be provided to Client at Ceridian's then current rate per message (both outbound and inbound messages shall be counted for the purposes of billing). Other miscellaneous charges may apply for mobile device access. Such Fees shall be billed based on the actual count for the previous month. 8.4 Staging Fees. Once Ceridian commences those implementation Services described in a written SOW and referenced in the Implementation Section herein, a Client instance of the Software is established for the purposes of configuration, user testing and implementation team training. In order to compensate Ceridian for the work required to establish and maintain such Client environment, commencing as of the initial project kick-off meeting through to the Service Start Date (the "Staging Period"), Client shall pay Ceridian the Staging Fee listed in the Pricing Schedule (the "Staging Fee") in the amount and at the frequency shown therein. If the Staging Fee is shown as one single payment, it will be invoiced upon project kick-off and payable in accordance with the invoicing payment terms set forth herein. If the Staging Fee is shown as being paid in multiple payments, such amount will be payable monthly during the Staging Period. 8.5 Training Fees. All event-based training Fees will be payable upon event completion. Subscription-based training Fees will be payable upon project kick-off (or if subscribed after kick-off, immediately upon subscription) and each renewal date thereof. 8.6 Annual Fee Increase. All Fees are subject to annual increases in an amount not to exceed the annual increase in the Annual Inflation Index for the Territory (on a cumulative basis from the Service Start Date), the first such increase to be calculated and effective on the first anniversary of the Service Start Date. 8.7 Additional Miscellaneous Fees. In addition to the Fees payable as set forth in the attached Pricing Schedule, Client will be charged the miscellaneous Fees set forth in the attached Rate Sheet, when applicable. (If an item is listed on both the Pricing Schedule and the Rate Sheet, the lower rate in the Pricing Schedule shall govern.) Such Fees are intended to compensate Ceridian for additional work and/or disbursements payable to third parties as a result of the occurrence of such events and the Fees listed therein represent the Fees charged as of the date of this Service Exhibit. Ceridian reserves the right to change and/or expand the list of items on the Rate Sheet and/or the dollar amount of such items from time to time without notice to Client. An updated copy of ''le Rate Sheet will be available from Ceridian and provided upon Client's request. SERVICE TERM AND TERMINATION 9.1 Service Term. Unless terminated earlier by a Party as a result of the other Party failing to perform one or more of its material obligations in the Agreement, the Services shall be effective and binding immediately upon execution hereof, and shall remain in effect for an initial Service Term equal to the number of months I years set forth above calculated from the Service Start Date, and thereafter shall automatically continue on the same terms without the need The Corporation of the Town of Tillsonburg_AmendmentAgreemento0009125.0 Page 6 of 14 6ZDIAN STATEMENT OF WORK CERIDIAN DAYFORCE HUMAN CAPITAL MANAGEMENT CUENT INFORMATION Client Name The Corporation of the Town of Tillsonburg the "Ciienr This is the implementation Statement of Work ("SOW') as contemplated under the written Service Exhibit for Ceridian Dayforce Human Capital Management made between Ceridian and Client (the "HCM Exhibit"). This SOW sets forth the details for the implementation Services and/or deliverables (the " Implementation Services") to be provided in respect of those Services described in the HCM Exhibit (the "Services"). Capitalized terms not defined in this SOW shall have the meanings ascribed to them in the Service Agreement between Ceridian and Client. 1. Executive Summarv You have engaged Ceridian to implement and provide education and training for the following Subscribed Modules: Dayforce Core Elements • Dayforce HR & Self-Service Dayforce Payroll • Dayforce Benefits • Dayforce Time • Advanced WFM Modules o Schedule Compliance For the following population: • 210 Employees at 91ocation(s) in Canada. 2. Implementation Phases The tasks, duties, responsibilities, and deliverables to be provided by Ceridian to Client in connection with the Implementation Services will be provided in 3 high level phases, which are broken down as follows: (i) Discovery: • Deliver pre-discovery workshop questionnaires; • Lead discovery workshops; • Document requirements and deliver a Requirements Recap document; Determine integration requirements for selected components (as appropriate). (ii) Configuration and Testing: • Configure the solution per the written document titled Requirements Recap for all of Client's "in scope" locations as agreed upon by Ceridian and Client; Provide the solution based on Client feedback during sandbox (test environment) review; • Complete parallel testing for payroll components; • Refine solution, support Client user acceptance testing and final parallel runs. (iii) Knowledge Transfer: • Support one live production run per frequency; • Knowledge transition session to transfer knowledge on the specifics of Client's system to administrators, payroll department, human resources department and help-desk. 3. Services, Responsibilities and Deliverables for Implementation of Subscribed Modules (i) In Scope Work: Ceridian will analyze, configure, test and deliver those components indicated below as included. Component Description Scope DaYforce Core Elements Organizational Hierarchy Security access to filter data appearing to the user so that the information Up to 50 Departments Included available to each user in the Dayforce application is appropriate. For example, the organization hierarchy controls that the manager of a location can only review the HR and time and attendance records for Employees who work at that location, and can only create schedules, approve timecards and submit transactions for such Employees. Role Security Security feature that defines what sections of the Dayforce application users Up to 6 Roles Included can access. Clients can configure as many user roles as the organization requires; the more granular the access requirements, the more user roles required. Typical roles include: employee, supervisor, manager, administrator, etc. Pay Groups Define the frequency of pay for a group of Employees. The pay group's pay Up to 4 Included periods takes into account: -How often Employees are paid; -The duration of time managers review and approve each period; -The duration the period's payroll rules consider. Pay periods should be aligned with period payroll rules. HR Administration Configuration Configuration of Client driven lists for status, employment status reasons, Included pay class, pay types, relationship types, contact information types, marital status, and employee properties. Configuration of new hire role assignment, HR role security, and employee data mapping rules. The Corporation of the Town of Tillsonburg_AmendmentAgreemento0009125.0 Page 8 of 14 Payroll Production Reports Pay Policies Punch Employee Schedule Optimization of payroll production reports and storage of a rolling 36 months of the payroll production reports. These reports are created with the payroll runs and are stored in a format. Configure health, life & disability, credit, and 10 sundry benefit plans to match the summary plan definitions. This includes eligibility qualifiers, waiting periods, options, participants, rates, and payroll Managers can create manual schedules for their employees by creating new shifts with desired start and end limes. Shifts can be created for each employee or a shift can be created and multiple employees can be assigned to that shift as appropriate. Rotation Based Scheduling Shift rotations are used to define a pattern of repeating shifts and days off that describe employees' regular work week. For example, Client can define a shift rotation where employees work 5 days, from 9am to 5 pm, followed by 2 days off. Managers assign this rotation to the appropriate employees, rather than scheduling them week for the same 5 shifts and 2 days off. are pay application to appropriate employees so that employees are paid correctly. Each pay rule controls an aspect of Client's organization's payroll policy, such as when and how daily, weekly, and holiday overtime is paid, or what shift premiums employees can earn. A pay policy groups the appropriate instances of these pay rules together, so that they can be applied to the same Punch policies define an employee's time entry method and any optional rules and validation to be applied when employees record working time. For example, when an employee punches in at the clock, a punch policy can round the time to the nearest quarter-hour, or consider punches that are 5 minutes early or late as being on time. There are also parameters which define what duration shifts must be in order to for meals or breaks, to mirror your includes configuring the application to support tasks that impact the schedules of the locations they are assigned to by driving or influencing the labor requirements of locations; securing the tasks users can review and modify; configuring which user roles fulfill each function in the task demands on or as or number of transactions, using either a trend of historical averages or moving averages forecasting method; defining data adjustment rules and qualifiers in the forecast An add-on to Advanced Scheduling that enables forecasting of estimated metrics and estimated labor requirements; preliminary allocation of budgeted labor hours; automatic generation of a schedule (including assignment of employees to shifts), and ability for a user to edit the resulting schedule. Configuration of schedule policies and schedule alerts and warnings to facilitate compliance with legislative and company policies. Examples include enforcing minimum and maximum shift lengths, breaks, minimum and The Corporation of the Town of Tillsonburg_AmendmentAgreemento0009125.0 Included Included Included Noll Page 10 of 14 1 Client Exclusive Training -Onsite }> Instructor led training delivered exclusively to Client, onsite at Client's Not Included location. Instructor expenses are additional }> Up to 12 participants may attend a single session }> All students will receive soft copy of course guide }> Standard Dayforce training database/guides will be used }> Session agenda can be tailored to cover topics relevant to Client Client Exclusive Training -Virtual }> Instructor led training delivered exclusively to Client via virtual class Not Included }> Up to 12 participants may attend a single session }> All students will receive soft copy of course guide }> Standard Dayforce training database/guides will be used }> Session agenda can be tailored to cover topics relevant to Client Custom WFM Training for Supervisors and }> Customization of standard Dayforce WFM Education offering to Not Included Employees incorporate Client data and business process examples. }> Incorporates Client data and business processes covering commonly used supervisor and employee tasks }> Custom developed workbooks for supervisors }> Custom developed job aids for Employees }> One set of data/examples will be used }> Content will be built using Dayforce Education templates }> Soft copies of course materials will be provided }> All content will be developed in one language (English or French) }> 1 delivery session, approximately 1 day in duration }> Maximum of 12 participants may attend a session Custom Training (other) Customization of standard Dayforce Education offering to incorporate Client Not Included data and business process examples (ii) Out of Scope Work: Unless a task, duty, responsibility or deliverable is expressly set forth under "(i) In Scope Work" above, it is out of scope and will not be provided or performed by Ceridian as part of the implementation Fees quoted. Without limiting the generality of this principle, Ceridian and Client expressly confirm that the following specific items are out of scope: • Integration to 3rd party systems other than those identified in the HCM Exhibit; • Ceridian-led User Acceptance Testing (UAT) test case development and execution; • Training material development outside of the Education Services specified above; • Client resource and/or third party vendor management. 4. Assumptions and Client Duties and Responsibilities The implementation Fees and estimated timelines are based on the following assumptions, and Client being responsible for the following: ·, • Client's requirements for the Services being implemented are as set forth in the written discovery questionnaires completed by I for Client; • Client will provide access to Client's current systems, data storage environment, and personnel with the appropriate knowledge of Client's systems and its configuration, to assist in data analysis for HR data import, exports and configuration; • Client is responsible for overall project and resource management; • Client shall provide access, as specified by Ceridian, sufficient to allow Ceridian's data conversion consultant to properly access Client's data, which may include access through database backup, ascii data dump, system generated reports, or direct access to the previous vender's data storage environment. All data to be converted will need to be made available including employee and employer taxable wages, wages to limit, and tax detail for each tax category. If all required conversion data is not available, pricing is subject to change; • Client will provide solution feedback based on the Requirements Recap provided post Discovery and will sign off on the document. Requirements Recap will be deemed accepted 5 Business Days after delivery to Client; • Client will provide data requested by project team in a timely manner; • Client will staff required personnel and subject matter experts to provide requirements and feedback in a timely manner; • Client will support parallel run testing with appropriate personnel and reports; • Client will assist with the mapping process, validate, test and audit the conversion files prior to loading into the Dayforce application, and provide the completed file conversion acceptance form upon successful conversion of the data; • Client will perform UAT such as developing and executing test scripts, providing test results and steps to reproduce, and determine user acceptance criteria; • Client will confirm acceptance and sign-off for all Implementation Services (including UA T) in a timely fashion; • Any changes to the Services described above will require a Change Order; • Client will complete training requirements within the designated timeframe prior to Service Start Date; Client will follow the instructions contained in the training materials. In consideration of the Fees to be paid hereunder, Client hereby requests that Ceridian provide those Implementation Services in accordance with the terms and conditions set forth in this SOW. This SOW may be executed either contemporaneously or subsequent to the Agreement, and in either case the terms of this SOW shall be deemed to be incorporated into and form an integral part of the Agreement. In the latter case where subsequently executed, the Agreement shall be considered amended by adding the provisions of this SOW, and to the extent this SOW does not modify the Agreement, the Agreement shall continue in full force and effect, unamended, and otherwise the execution of this SOW will not serve to revise the relationship between the Parties and any unremedied and outstanding accounts, breaches or other matters existing between the Parties as at the date this SOW is executed will remain intact and subsisting notwithstanding the amendment of the Agreement. Ceridian Canada Ltd. Per:-------------------- Printed Name:----------------- Title:------------------- Dare: _________________________ _ I have the authority to bind the corporation The Corporation of the Town of Tillsonburg_AmendmentAgreement00009125.0 The Corporation of the Town of Tillsonburg Per: _____________________ __ Printed Name:------------------- Title:------------------------------ Dare: _________________________________ _ I have the authority to bind the corporation/partnership Page 12 of 14 6ZoiAN Ceridian Dayforce Human Capital Management Rate Sheet -Canada Miscellaneous Fees Item Rate Billing Event Printed Pay Statements. TaxForms or Cheques $0.25 per occurrence Dayforce WFM SMS Text MessaQe $0.07 per item - Professional Services (hourly rate, per quote per project) $150.00 per hour Data Conversion Services $150.00 per hour 3rd Party Payments $2.00 per item External Job Board -additional $250.00 per external job board added, above the 10 included Report PrintinQ $0.15 per impression Direct Mailing postage + $0.20 per item Shiooina and Handlina Item Rate Billing Event Dayforce Delivery (Zone 1-5) $12.00 per delivery Dayforce Delivery (Zone 6-15) $17.00 per delivery Davforce Delivery (Zone 16) $22.00 per delivery Dayforce Delivery (Territories) $35.00 per delivery Dayforce Delivery -International (minimum) $35.00 per delivery Delivery Guaranteed Time Premium -1 0:30AM $5.00 per delivery Delivery_ Guaranteed Time Premium -9:00AM $10.00 !)er delivery Pavment Solutions and Funds Transfer Item Rate Billing Event Cheque Trace with Copy $27.50 per item Collection costs for NSF returns (minimum) $150.00 per occurrence EFT Reject $17.50 per item EFT/Cheque Trace $17.50 per item Late Funding (minimum) $50.00 per occurrence Payment by Wire Transfer $35.00 per occurrence Stop Payment with refund cheque $28.00 per item ~Stop Payment without refund cheque $18.00 .Per item , The Corporation of the Town of Tillsonburg_Amendmen!Agreement00009125.0 Page 14 of 14 THE CORPORATION OF THE TOWN OF TILLSONBURG BY -LAW NUMBER 3843 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 11th day of August, 2014 WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its special meeting and regular meeting held on August 11, 2014, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillson burg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 11TH DAY OF AUGUST, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 11TH DAY OF AUGUST, 2014. MAYOR -Dave Beres TOWN CLERK-Donna Wilson THE CORPORATION OF THE TOWN OF TIUSONBURG BY-LAW NUMBER 3841 A BY-LAW to Authorize an Amending Agreement Between the Corporation of the Town of Tillsonburg and Ceridian Canada Ltd. WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to amend an agreement with Ceridian Canada Ltd; THEREFORE the Council of the Town ofTillsonburg enacts as follows: 1. THAT the Agreement 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 marked as Schedule "A" on behalf of the Corporation of the Town ofTillsonburg. This by-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 11th DAY OFAUGUST,2014. READ A THIRD AND FINAL TIME AND PASSED THIS 11th DAY OF AUGUST, 2014. MAYOR-Dave Beres CLERK-Donna Wilson SERVICE EXHIBIT CERIDIAN DAYFORCE HUMAN CAPITAL MANAGEMENT SERVICE TERM: 36 Months TERRITORY: Canada Client Name The Cor oration of the Town ofTillsonbur Service Contact Darrell Eddin ton Billing Street Address 200 Broadwa 2nd Floor 1. SERVICE EXECUTIVE SUMMARY Ceridian shall provide Client with Ceridian Dayforce Human Capital Management Services within the Territory, consisting of access to and use of the Subscribed Modules, in conjunction with those Services as further described in this Service Exhibit. Client's use or non-use of any particular function does not impact its availability or the Fees payable. 2. CAPITALIZED AND DEFINED TERMS 2.1 All capitalized terms used herein and not defined shall have the same meaning as in the Agreement. 2.2 As used in this Service Exhibit: ) 2.2.1 ''Annual Inflation Index" means (i) in the case of the United States, the Employment Cost Index: Total Compensation: All Works: Civilian, Not Seasonally Adjusted (ECI), as published by the Bureau of Labor Statistics, US Department of Labor; and (ii) in the case of Canada, the Consumer Price Index, as published by Statistics Canada, Government of Canada; 2.2.2 "Ceridian Clocks" means clocks, hardware and other ancillary products, sold by Ceridian to Client as part of the Services, as set forth in the attached Pricing Schedule; 2.2.3 "Documentation" means all documentation relating to the Software, whether in machine-readable or printed form, provided by Ceridian to Client, including any updates, revisions, new versions, and supplements to the Documentation; 2.2.4 "Funding Authorization" means such written authorization, power of attorney or other form executed by Client from time to time as reasonably required by Ceridian to authorize and permit Ceridian to withdraw money, forward payments or take other steps to facilitate the movement of payments as part of the Service; 2.2.5 "Funds" means those funds to be received by Ceridian from Client, in an amount equal to the Payments to be made for a particular Payroll; 2.2 .6 "Modifications" means any error corrections, modifications or enhancements to the Software that are included by Ceridian in Support of the Software to all customers; 2.2. 7 "New Versions" means new versions of the Software that may be deployed by Ceridian to Client for license pursuant to this Service Exhibit; 2.2.8 "Number of Employees" means the number of employee records in the Software that do not have a terminated status, including full-time and part-time employees as well as any contingent labor or contractors, or any other individual in respect of whom information is being recorded in a Subscribed Module, and all administrators or other users who are accessing the Software or database relating to the Services (for the purposes of this Service Exhibit, each shall be considered an "Employee"); 2.2.9 "One Time Fees" means those Fees set forth in the Pricing Schedule under the heading "One Time Fees", including those Fees payable for the implementation and training Services, or are otherwise identified or understood to be one time or non recurring Fees, including any Fees payable with respect to change orders; 2.2.10 "Payments" means the payments to be made by Ceridian on Client's behalf hereunder, in respect of wages to its Employees, statutory remittances, tax filing liabilities and other third party payments as directed by Client and agreed to by Ceridian; 2.2.11 "Payroll" means the payroll of Client processed or to be processed by Ceridian with which the Service is associated; 2.2.12 "Rate Sheer' means the document that itemizes those ancillary services offered by Ceridian to its clients at the then current rate, not otherwise stated in the Pricing Schedule; 2.2.13 "Recurring Fees" means those Fees set forth in the Pricing Schedule under the heading "Recurring Fees", or are otherwise identified or understood to be Fees which are payable on the periodic recurring basis stated in the Pricing Schedule; 2.2.14 "Service Start Date" means the actual date on which the Services move beyond the test stage and Ceridian has confirmed (acting reasonably) that the Services are ready for use in a live production environment, which will generally be when the Software is loaded with Client organizational structure, employee information and Client specific rules and Client has administrative control of the Software; 2 .2.15 "Services" means, collectively, access to the Subscribed Modules, together with all other Services described in this Service Exhibit; 2.2.16 "Software" means the software program(s) licensed by Ceridian to Client through which the Service will be provided, together with all Modifications and New Versions; 2.2.17 "Subscribed Module(s)" means, at a given date, the module(s) to which Ceridian will provide Client access as part of the Service and as set forth in a written Statement of Work ("SOW'), signed by both Ceridian and Client; The Corporation of the Town of Tillsonburg_Amendmen1Agreemento0009125.0 Page 2 of 14 (ii) Client will designate named support users to triage all internal support incidents reported by end users. Triage occurring by Client support users includes: checking the Documentation for assistance in dealing with the reported incident, attempting to reproduce the incident in a production copy, and documenting the steps required to reproduce the incident. Upon reporting an incident, Client agrees to cooperate, work closely with, and provide assistance to Ceridian in the investigation, diagnosis, and resolution of the incident. (iii) Ceridian shall have the right to access Client's account from time to time, for purposes of Support, administration, invoicing and to inspect Client's utilization of the Services so as to ensure Client's compliance with the provisions of this Agreement, as reasonably necessary in Ceridian's sole discretion. 6. ONGOING SERVICES AND SUPPORT. The scope of ongoing I recurring Services outlined below provides a breakdown of the key functionality and deliverables to be provided, and the respective rights and obligations of Ceridian and Client. 6.1 Payment Solutions and Funds Transfer 6.1.1 Ceridian's Obligations. Ceridian will: (i) issue the Payments in accordance with the Payroll and Payment processing schedule, as agreed upon by the Parties, to meet Client's Payroll obligations, by way of: (a) submitting Payment information to the appropriate funds transfer network(s) in the form required for the electronic crediting/direct deposit of payment to the designated bank accounts of Employees; and/or (b) create negotiable paychecks to the order of Employees drawn on the Trust account. Each paycheck will be printed on Ceridian check stock with Ceridian officer's signature and Ceridian logo using the check data and account provided by Client; (ii) process file reversals, request stop payment orders and request direct deposit reversals upon Client's written request; (iii) process stop payments up to five (5) Business Days of settlement date and direct deposit reversals upon Client's written request on the day of receipt when request is received by 2:00pm Eastern Time; (iv) at the request of Client or at Ceridian's option, provide Client a report identifying un-cashed paychecks considered stale dated, and pay to Client an amount equivalent to any Payroll Funds held on account of Payments against which stop payments have been placed, or which are, according to banking practice, considered to be stale-dated (less a reasonable administration fee; or at the request of Client, such Payroll Funds may be credited to Client's next Payroll); (v) notify Client of exceptions related to paychecks processing and pre-notification rejections, bank requested notification of change requests, and returned credits related to direct deposit services ("Exceptions"); (vi) notify Client of any errors or other circumstances in the event Ceridian is unable to provide Payments and either re-performs Services (when possible) or arrange return of unpaid funds to Client. Unpaid Payroll Funds will be returned only after verification of available and sufficient fund balances (with time allowances for returned items) by the bank in which such funds are held; and (vii) establish and maintain the Trust for the purpose of holding and keeping Funds and other trust funds received from its clients separate from Ceridian's own property. For clarity, the principal amount of the Funds received by Ceridian from Client shall at all times while in the possession or control of Ceridian, be held in its capacity as trustee of the Trust. 6.1.2 Client's Obligations. Client will: (i) enter, maintain and transmit (via the Software) Payroll data to Ceridian, such number of days as established by Ceridian (acting reasonably) prior to the date the paychecks are to be issued and deposits are to be made, as required to meet agreed upon processing schedules; (ii) review and audit all Payroll data, reports and other materials prior to committing the Payroll. Client shall correct any discrepancies or errors in such materials prior to the next scheduled processing; (iii) monitor changes to those laws specifically applicable to Client's business, interpreting applicable laws and regulations, determining the requirements for compliance with such laws and regulations, and notifying Ceridian of any changes to the Payroll processing required as a result of such laws; (iv) correct Exceptions before transmitting Payroll data for Client's next Payroll (otherwise Client could be in breach of applicable laws or regulations); (v) be responsible for contacting payees to resolve payment of any voided paychecks and reimburse Ceridian for any losses and fees incurred by Ceridian in circumstances where Ceridian honors Client's request to initiate a stop payment order and issues a replacement check, but the check originally issued is subsequently presented for payment by a holder in due course (including fraud or misconduct on the part of Employees); (vi) require Employees to complete, sign and maintain any account funding authorizations or other documents or authorizations necessary for Ceridian to provide Services, including authorizations for the initiation of credit entries. Without limitation, Client shall ensure that each Employee utilizing Ceridian's direct deposit service has authorized the initiation of credit entries and the crediting of the Employee account, as well as the debiting of the Employee account through a file reversal in the event of a returned item from Client's account or any funding deficiency by Client (to extent permitted by law). Client must ensure that such authorizations are operative at the time of transmittal and crediting/debiting of the Employee accounts; (vii) hereby grant to Ceridian the authority to issue Payments on behalf of Client, and to take such other action as may be necessary from time to time in connection with the provision of the Services, which might authorize to instruct its bank to stop payment and authorize to refuse payment as required to provide the Services; (viii) pay for all reasonable expenses incurred by Ceridian as a result of Client errors or omissions; (ix) forward the Funds to an account established by the Trust as directed by Ceridian. The Funds will be provided by Client in a manner satisfactory to Ceridian (acting reasonably) and where Ceridian is debiting Client's account, Client will fully fund such account and authorize the initiation of debit entries and the debiting of the account in the amount and on the date specified, and ensure that such authorization is operative at the time of transmittal and debiting of Client account. Ceridian shall not be obliged to release any Payroll documents or to make or honor any Payments until it has received confirmation that Client's financial institution upon which the Funds have been drawn has irrevocably honored such request for advance of funds. In this regard, Ceridian reserves the right, at its option, to implement such procedures as may reasonably be required to guarantee the irrevocable receipt by it of the Funds prior to Ceridian paying out any such funds; and (x) provide Ceridian with Funds in an amount equal to the tax liability Payments to be made for a particular Payroll. 6.2 Tax Filing Services 6.2.1 Ceridian's Obligations. Ceridian will: (i) prepare, deposit, and file Client's Payroll tax returns for those federal, state/provincial and local jurisdictions supported by Ceridian and reflected on Client's Tax jurisdictional profile; (ii) provide Client with a regular tax statement for each Client tax registration number processed by Ceridian; (iii) provide, prepare and file employer Tax Forms in the formats required by each Taxing Authority provided that Ceridian has provided tax filing Services for Client for the entire calendar year or Client has provided quarterly tax filing data in accordance with Section 6.2.2(ix); The Corporation of the Town of Tillsonburg_AmendmentAgreement00009125.0 Page 4 of 14 (i) make available a suitable place of installation, adequate power and surge protection, and cabling. Client is responsible for location and mounting of the terminal(s) in compliance with accessibility laws and all building codes; (ii) install and test terminal(s); (iii) within fifteen (15) days of the receipt of terminal(s), notify Ceridian of any material Defect in terminal(s). If Client does not send written notice of the occurrence of a material Defect within such fifteen day time period, Client will be deemed to have accepted terminal(s); (iv) Client must return any rented hardware within fifteen (15) days upon termination of this Service Exhibit. Clock rental fees will continue to accrue until all hardware has been returned; (v) except for NEMA clocks which may not be returned, Client has the option to return rental or capital purchased hardware, within forty-five (45) days of receiving shipment, so long as the hardware is unopened and unused. Client is responsible for shipping costs of returned clocks. Any returns not meeting the above conditions are not eligible for a refund of fees paid; (vi) if applicable, rental fees will begin to accrue immediately upon receipt of the rented clocks, and are required for a minimum period of twelve (12) months. Rental fees are applicable for the duration of time during which Client has the clocks in their possession. Rental fee accrual will not be terminated without an approved rma and will continue until Ceridian receives all clocks. If Client places the implementation on hold for any reason, clock rental fees will continue to apply; and (vii) with the exception of NEMA clocks, if an emergency replacement of any terminal is required as part of the maintenance coverage, Client is obligated to return the original terminal(s) within fifteen (15) days of shipment of replacement. If Client does not return the original terminal(s) within this timeframe, Client will be charged full list price for the replacement terminal(s). 7.2 Ceridian Clock Warranty. Ceridian warrants that it has the right to sell terminal(s) to Client. Ceridian is not responsible or liable for damage, malfunction, or performance failures resulting from changes made to terminal(s) after acceptance or damage caused by the misuse, physical abuse, improper operation, the environment or other causes beyond Ceridian's exclusive control. 8. SERVICE FEES AND PAYMENT 8.1 Fees. The Fees payable by Client to Ceridian for the Services are as set forth in the attached Pricing Schedule. The Fees are exclusive of all Taxes. In addition to the Fees, Client shall reimburse Ceridian for all expenses (if any, in accordance with Ceridian's expense policy) incurred in connection with the implementation and provision of the Services, including travel, accommodation and meals. Except as otherwise stated herein, all invoices will be due and payable by direct deposit within thirty (30) days of the date of invoice. 8.2 One Time Fees. 8.2.1 The One Time Fees have been calculated taking into account the work and materials Ceridian has reasonably estimated will be required to implement the Service. This estimate has been made by Ceridian in good faith based on the information available to Ceridian at the time of executing this Service Exhibit, including information and representations provided by Client. To the extent that new or additional information becomes available to Ceridian which impacts the estimated One Time Fees, the Parties shall mutually agree to necessary changes to the SOW (including to corresponding Fees). 8.2.2 Subject to any payment terms to the contrary in the SOW, the One Time Implementation Fees will be invoiced and payable in two (2) installments as follows: (i) fifty percent (50%) at the date implementation Services are started (generally by way of a kick off meeting) and (ii) fifty percent (50%) at Service Start Date. However, Ceridian reserves the right to invoice and require payment of One Time Fees on a monthly basis (including for longer I more complex implementations), based on the amount of work completed each month. 8.2.3 All One Time Fees in respect of purchased or rented clocks, badges or other tangible items or hardware, will be invoiced upon shipment. 8.3 Recurring Fees. 8.3.1 The monthly Recurring Fees will be invoiced and payable monthly in advance, commencing as of the Service Start Date, based on the Number of Employees as at the 15th of each calendar month, or such other date as may be communicated to Client by Ceridian. Services included in the Pricing Schedule that are based on a per occurrence (e.g., Fees for ancillary services shown on the Rate Sheet), will be invoiced monthly in arrears. Any estimated annual Fees shown in the Pricing Schedule are estimates only, based on Client's Number of Employees and/or transaction count as at the date of signing this Service Exhibit. 8.3.2 When and if made available by Ceridian, at Client's election, SMS text messaging for "Alerts and Notifications" functionality will be provided to Client at Ceridian's then current rate per message (both outbound and inbound messages shall be counted for the purposes of billing). Other miscellaneous charges may apply for mobile device access. Such Fees shall be billed based on the actual count for the previous month. 8.4 Staging Fees. Once Ceridian commences those implementation Services described in a written SOW and referenced in the Implementation Section herein, a Client instance of the Software is established for the purposes of configuration, user testing and implementation team training. In order to compensate Ceridian for the work required to establish and maintain such Client environment, commencing as of the initial project kick-off meeting through to the Service Start Date (the "Staging Period"), Client shall pay Ceridian the Staging Fee listed in the Pricing Schedule (the "Staging Fee") in the amount and at the frequency shown therein. If the Staging Fee is shown as one single payment, it will be invoiced upon project kick-off and payable in accordance with the invoicing payment terms set forth herein. If the Staging Fee is shown as being paid in multiple payments, such amount will be payable monthly during the Staging Period. 8.5 Training Fees. All event-based training Fees will be payable upon event completion. Subscription-based training Fees will be payable upon project kick-off (or if subscribed after kick-off, immediately upon subscription) and each renewal date thereof. 8.6 Annual Fee Increase. All Fees are subject to annual increases in an amount not to exceed the annual increase in the Annual Inflation Index for the Territory (on a cumulative basis from the Service Start Date), the first such increase to be calculated and effective on the first anniversary of the Service Start Date. 8.7 Additional Miscellaneous Fees. In addition to the Fees payable as set forth in the attached Pricing Schedule, Client will be charged the miscellaneous Fees set forth in the attached Rate Sheet, when applicable. (If an item is listed on both the Pricing Schedule and the Rate Sheet, the lower rate in the Pricing Schedule shall govern.) Such Fees are intended to compensate Ceridian for additional work and/or disbursements payable to third parties as a result of the occurrence of such events and the Fees listed therein represent the Fees charged as of the date of this Service Exhibit. Ceridian reserves the right to change and/or expand the list of items on the Rate Sheet and/or the dollar amount of such items from time to time without notice to Client. An updated copy of '"e Rate Sheet will be available from Ceridian and provided upon Client's request. SERVICE TERM AND TERMINATION 9.1 Service Term. Unless terminated earlier by a Party as a result of the other Party failing to perform one or more of its material obligations in the Agreement, the Services shall be effective and binding immediately upon execution hereof, and shall remain in effect for an initial Service Term equal to the number of months I years set forth above calculated from the Service Start Date, and thereafter shall automatically continue on the same terms without the need The Corporation of the Town of Tillsonburg_Amendmen1Agreemento0009125.0 Page 6 of 14 r_&ZotAN STATEMENT OF WORK CERIDIAN DAYFORCE HUMAN CAPITAL MANAGEMENT CUENT INFORMATION Client Name The Corporation of the Town ofTillsonburg the "Ciienf' This is the implementation Statement of Work ("SOW') as contemplated under the written Service Exhibit for Ceridian Dayforce Human Capital Management made between Ceridian and Client (the "HCM Exhibit"). This SOW sets forth the details for the implementation Services and/or deliverables {the " Implementation Services") to be provided in respect of those Services described in the HCM Exhibit (the "Services"). Capitalized terms not defined in this SOW shall have the meanings ascribed to them in the Service Agreement between Ceridian and Client. 1. Executive Summary You have engaged Ceridian to implement and provide education and training for the following Subscribed Modules: Dayforce Core Elements • Dayforce HR & Self-Service • Dayforce Payroll Dayforce Benefits • Dayforce Time • Advanced WFM Modules o Schedule Compliance For the following population: • 210 Employees at 9 location(s) in Canada. 2. Implementation Phases The tasks, duties, responsibilities, and deliverables to be provided by Ceridian to Client in connection with the Implementation Services will be provided in 3 high level phases, which are broken down as follows: (i) Discovery: • Deliver pre-discovery workshop questionnaires; • Lead discovery workshops; • Document requirements and deliver a Requirements Recap document; Determine integration requirements for selected components (as appropriate). (ii) Configuration and Testing: • Configure the solution per the written document titled Requirements Recap for all of Client's "in scope" locations as agreed upon by Ceridian and Client; Provide the solution based on Client feedback during sandbox (test environment) review; • Complete parallel testing for payroll components; • Refine solution, support Client user acceptance testing and final parallel runs. (iii) Knowledge Transfer: • Support one live production run per frequency; • Knowledge transition session to transfer knowledge on the specifics of Client's system to administrators, payroll department, human resources department and help-desk. 3. Services. Responsibilities and Deliverables for Implementation of Subscribed Modules (i) In Scope Work: Ceridian will analyze, configure, test and deliver those components indicated below as included. Component Description Scope Dayforce Core Elements Organizational Hierarchy Security access to filter data appearing to the user so that the information Up to 50 Departments Included available to each user in the Dayforce application is appropriate. For example, the organization hierarchy controls that the manager of a location can only review the HR and time and attendance records for Employees who work at that location, and can only create schedules, approve timecards and submit transactions for such Employees. Role Security Security feature that defines what sections of the Dayforce application users Up to 6 Roles Included can access. Clients can configure as many user roles as the organization requires; the more granular the access requirements, the more user roles required. Typical roles include: employee, supervisor, manager, administrator, etc. Pay Groups Define the frequency of pay for a group of Employees. The pay group's pay Up to 4 Included periods takes into account: ) -How often Employees are paid; -The duration of time managers review and approve each period; -The duration the period's payroll rules consider. Pay periods should be aligned with period payroll rules. HR Administration Configuration Configuration of Client driven lists for status, employment status reasons, Included pay class, pay types, relationship types, contact information types, marital status, and employee properties. Configuration of new hire role assiQnment, HR role security~ and employee data mappinQ rules. The Corporation of the Town of Tillsonburg_AmendmentAgreement00009125.0 Page 8 of 14 ~~~ c rayroll Production Reports Pay Policies Employee System Access Manual Scheduling Managers can create manual schedules for their employees by creating new shifts with desired start and end times. Shifts can be created for each employee or a shift can be created and multiple employees can be assigned to that shift as appropriate. Rotation Based Scheduling Shift rotations are used to define a pattern of repeating shifts and days off that describe employees' regular work week. For example, Client can define a shift rotation where employees work 5 days, from 9am to 5 pm, followed by 2 days off. Managers assign this rotation to the appropriate employees, rather than scheduling them every week for the same 5 shifts and 2 days off. Shift rotations can be defined for number of Pay policies are used to assign pay rules and qualifiers within the Dayforce application to appropriate employees so that employees are paid correctly. Each pay rule controls an aspect of Client's organization's payroll policy, such as when and how daily, weekly, and holiday overtime is paid, or what shift premiums employees can earn. A pay policy groups the appropriate instances of these pay rules together, so that they can be applied to the Included .·. . ~·~F~~xi~:~!~~\~=~-~1!~;;~~ i ... . -. ' , r , ,_ .__ -~· ~~ :"' 's_ ~' ~·t.:~~~t'.-;~[!~~~1~fii~'~liJ~il~~i.~~ ~r~!i~ ~~JiA:~ _., ~' -"'' ' . . ~ .- Schedule Bidding This feature defines how employees are ordered, so that preferred Not Included employees are assigned their bids first, define the shifts employees within a bid policy bid on, when the bid sessions occur and how frequently they repeat, as well as details on the number of bid windows within a session and which employees are eligible for each set of windows. Labor Budgeting Deriving a labor budget based on imported KPls or metrics by defining KPI Not Included metadata for My Plan. Task Management This feature is used to mirror your organization's needs and policies. This Not Included includes configuring the application to support tasks that impact the schedules of the locations they are assigned to by driving or influencing the labor requirements of locations; securing the tasks users can review and modify; configuring which user roles fulfill each function in the task management process. Advanced Scheduling Forecasting labor demands based on KPis or metrics, such as sales or Not Included number of transactions, using either a trend of historical averages or moving averages forecasting method; defining data adjustment rules and qualifiers in the forecast policy. Schedule Optimization An add-on to Advanced Scheduling that enables forecasting of estimated Not Included metrics and estimated labor requirements; preliminary allocation of budgeted labor hours; automatic generation of a schedule (including assignment of employees to shifts), and ability for a user to edit the resulting schedule. Schedule Compliance Configuration of schedule policies and schedule alerts and warnings to Included facilitate compliance with legislative and company policies. Examples include enforcing minimum and maximum shift lengths, breaks, minimum and maximum weekly hours and when employees can be scheduled to The Corporation of the Town of Tillsonburg_AmendmentAgreement00009125.0 Page 10 of 14 ' I Cli~nt Exclusive Training -Onsite );> Instructor led training delivered exclusively to Client, onsite at Client's Not Included location. Instructor expenses are additional );> Up to 12 participants may attend a single session );> All students will receive soft copy of course guide );> Standard Dayforce training database/guides will be used );> Session agenda can be tailored to cover topics relevant to Client Client Exclusive Training -Virtual );> Instructor led training delivered exclusively to Client via virtual class Not Included );> Up to 12 participants may attend a single session );> All students will receive soft copy of course guide );> Standard Dayforce training database/guides will be used );> Session agenda can be tailored to cover topics relevant to Client Custom WFM Training for Supervisors and );> Customization of standard Dayforce WFM Education offering to Not Included Employees incorporate Client data and business process examples. );> Incorporates Client data and business processes covering commonly used supervisor and employee tasks );> Custom developed workbooks for supervisors );> Custom developed job aids for Employees );> One set of data/examples will be used );> Content will be built using Daytorce Education templates );> Soft copies of course materials will be provided );> All content will be developed in one language (English or French) );> 1 delivery session, approximately 1 day in duration );> Maximum of 12 participants may attend a session Custom Training (other) Customization of standard Dayforce Education offering to incorporate Client Not Included data and business process examples (ii) Out of Scope Work: Unless a task, duty, responsibility or deliverable is expressly set forth under "(i) In Scope Work" above, it is out of scope and will not be provided or performed by Ceridian as part of the implementation Fees quoted. Without limiting the generality of this principle, Ceridian and Client expressly confirm that the following specific items are out of scope: • Integration to 3rd party systems other than those identified in the HCM Exhibit; • Ceridian-led User Acceptance Testing (UAT) test case development and execution; • Training material development outside of the Education Services specified above; • Client resource and/or third party vendor management. 4. Assumptions and Client Duties and Responsibilities -ro..,\ implementation Fees and estimated timelines are based on the following assumptions, and Client being responsible for the following: ) • Client's requirements for the Services being implemented are as set forth in the written discovery questionnaires completed by I for Client; • Client will provide access to Client's current systems, data storage environment, and personnel with the appropriate knowledge of Client's systems and its configuration, to assist in data analysis for HR data import, exports and configuration; • Client is responsible for overall project and resource management; • Client shall provide access, as specified by Ceridian, sufficient to allow Ceridian's data conversion consultant to properly access Client's data, which may include access through database backup, ascii data dump, system generated reports, or direct access to the previous vender's data storage environment. All data to be converted will need to be made available including employee and employer taxable wages, wages to limit, and tax detail for each tax category. If all required conversion data is not available, pricing is subject to change; • Client will provide solution feedback based on the Requirements Recap provided post Discovery and will sign off on the document. Requirements Recap will be deemed accepted 5 Business Days after delivery to Client; • Client will provide data requested by project team in a timely manner; • Client will staff required personnel and subject matter experts to provide requirements and feedback in a timely manner; • Client will support parallel run testing with appropriate personnel and reports; • Client will assist with the mapping process, validate, test and audit the conversion files prior to loading into the Dayforce application, and provide the completed file conversion acceptance form upon successful conversion of the data; • Client will perform UAT such as developing and executing test scripts, providing test results and steps to reproduce, and determine user acceptance criteria; • Client will confirm acceptance and sign-off for all Implementation Services (including UA T) in a timely fashion; • Any changes to the Services described above will require a Change Order; • Client will complete training requirements within the designated timeframe prior to Service Start Date; • Client will follow the instructions contained in the training materials. In consideration of the Fees to be paid hereunder, Client hereby requests that Ceridian provide those Implementation Services in accordance with the terms and conditions set forth in this SOW. This SOW may be executed either contemporaneously or subsequent to the Agreement, and in either case the terms of this SOW shall be deemed to be incorporated into and form an integral part of the Agreement. In the latter case where subsequently executed, the Agreement shall be considered amended by adding the provisions of this SOW, and to the extent this SOW does not modify the Agreement, the Agreement shall continue in full force and effect, unamended, and otherwise the execution of this SOW will not serve to revise the relationship between the Parties and any unremedied and outstanding accounts, breaches or other matters existing between the Parties as at the date this SOW is executed will remain intact and subsisting notwithstanding the amendment of the Agreement. Ceridian Canada Ltd. Per: ______________________________________ ___ Printed Name: --------------------------------- Title:------------------------------ Dare: ____________________________________ __ I have the authority to bind the corporation The Corporation of the Town of Tillsonburg_AmendmentAgreement00009125.0 The Corporation of the Town of Tillson burg Per: __________________________________________ _ Printed Name: ------------------------------------- Title:--------------------- Date: ------------------------------------------- I have the authority to bind the corporation/partnership Page 12 of 14 6ZoiAN Ceridian Dayforce Human Capital Management Rate Sheet-Canada Miscellaneous Fees Item Rate Billin~ Event Printed Pay Statements, TaxForms or Cheques $0.25 per occurrence Dayforce WFM SMS Text Message $0.07 per item Professional Services (hourly rate, per quote per project) $150.00 per hour Data Conversion Services $150.00 per hour 3rd Party Payments $2.00 per item External Job Board -additional $250.00 per external job board added, above the 10 included Report Printing $0.15 per impression Direct Mailing postage + $0.20 per item Shiooina and Handlina Item Rate Billin~ Event Dayforce Delivery (Zone 1-5) $12.00 per delivery Dayforce Delivery (Zone 6-15) $17.00 per delivery Dayforce Delivery (Zone 16) $22.00 per delivery Dayforce Delivery (Territories) $35.00 per delivery Davtorce Delivery-International (minimum) $35.00 per delivery Delivery Guaranteed Time Premium -1 0:30AM $5.00 per delivery Delivery Guaranteed Time Premium -9:00AM $10.00 per delivery Pavment Solutions and Funds Transfer Item Rate Billing Event Cheque Trace with Copy $27.50 per item Collection costs for NSF returns (minimum) $150.00 per occurrence EFT Reject $17.50 per item EFT/Cheque Trace $17.50 per item Late Funding (minimum) $50.00 per occurrence Payment by Wire Transfer $35.00 per occurrence , Stop Payment with refund cheque $28.00 per item )Stop Payment without refund cheque $18.00 per item The Corporation of the Town of Tillsonburg_AmendmentAgreemento0009125.0 Page 14 of 14 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3843 BEING A BY -LAW to confirm the proceedings of Council at its meetings held on the 11th day of August, 2014 WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSON BURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its special meeting and regular meeting held on August 11, 2014, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillson burg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 11TH DAY OF AUGUST, 2014. READ A THIRD AND FINAL TIME AND PASSED THIS 11TH DAY OF AUGUST, 2014. MAYOR -Dave Beres TOWN CLERK-Donna Wilson COUNCIL RESOLUTION AGENDA ITEM NO.: ___ _ Date: August 11. 2014 MOVED BY: THAT the Agenda as prepared for h Council Meeting of August 11, 2014, be adopted. ~ried D Recorded Vote D Defeated D Deferred D Tabled ~ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: Date: August 11, 2014 RESOLUTION NO.: 2 MOVED BY: (/ fl..o-J<~~......__.. SECONDED BY: &tp~-- THA T Council move into Closed Session to consider: D 1. a proposed or pending acquisition or disposition of land by the municipality or local Board (Broadway). 2. personal matters about an identifiable individual, including municipal or local board employees (Parks and Recreation Services). Recorded Vote D Defeated D Deferred D Tabled ~yor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ___ _ Date: August 11. 2014 THAT the Minutes of the Council Meeting of July 14, 2014, be approved. ~rried D Recorded Vote D Defeated D Deferred D Tabled £Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 1 RESOLUTION NO.: _4=---....,.---- MOVED BY: It(~~ SECONDED BY: 6~k.9-- Date: August 11, 2014 THAT Council approves the Royal Canadian Legion Branch 153 Tillsonburg's request to add "Afghanistan" to the Battle of Honours listed on the Town Centre Cenotaph. ~ed D Recorded Vote D Defeated D Deferred D Tabled h ar's Initials COUNCIL RESOLUTION AGENDA ITEM NO .: 2 Qate: August 11, 2014 RESOLUTION NO.: MOVED BY: SECONDED BY: That the Town of Tillsonburg Committee of Adjustment approve Application File A 07/14, submitted by Ric Leuszler, for lands described as Lot 8, Plan 41 M-286 in the Town of Tillsonburg as it relates to: 1. Relief from Section 7.2, Low Density Residential Type 2 Zone Provisions (R2)- Lot Coverage, to increase the maximum permitted lot coverage from 42% to 44% to facilitate the construction of a detached accessory building, Subject to the following condition: I. A building permit for the detached accessory building shall be issued within one year of the date of the Committee's decision. 0' Carried D Recorded Vote D Defeated D Deferred COUNCIL RESOLUTION AGENDA ITEM NO.: 3 Date: August 11. 2014 RESOLUTION NO.: MOVED BY: SECONDED BY: ~ CCtjl t<-. ~ D D THAT Council of the Town of Tillsonburg not support the application to amend the Oxford County Official Plan (File No. OP 14-05-7) as submitted by 2319929 Ontario Inc., for lands located at 519 Broadway Street, in the Town of Tillsonburg to establish a special development policy to permit a medical centre as an additional permitted use on the Service Commercial designated lands; AND THAT Council deny the zone change application submitted by 2319929 Ontario Inc., whereby the lands described as Part Lot 34 , Plan 551 , Town of Tillsonburg, known municipally as 519 Broadway are to be rezoned from Service Commercial Zone (SC) to Special Service Commercial Zone (SC-sp). Carried ~feated D Deferred D Tabled Recorded 1_/ Vote ~ Deputy Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ August 11, 2014 RESOLUTION NO.: MOVED BY: Proposed Resolution No.6: THAT Council of the Town of Tillsonburg support the application to amen<!Jhe Oxford County Official Plan (File No. OP 14-05-7) as submitted by 2319929 Ontario ln~orlands located at 519 Broadway Street, in the Town f lis nburg to establish a special . ~lopment policy to permit a f~lrJC\ (1~0.€:.-medical centre as an ad itio · tted use or the S Nice !rcial designated lands; AND THAT Council .._ approve thel1 change application mitted by 2319929 Ontario lnc.,whereby the lands described as Part Lot 34, Plan 551, Town of Tillsonburg, known municipally as 519 Broadway are to be rezoned from SeNice Commercial Zone (SC) to Special Service Commercial Zone (SC-sp). ~arried D Defeated D Deferred D Tabled D Recorded Vote ~/ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _ ____:::..9 __ Date: August 11, 2014 RESOLUTION NO.: 7 MOVED BY: THAT Council receives Report FIN 14-31 2014 Second Quarter Financial Results as information. czalcarried D Recorded Vote D Defeated D Deferred D Tabled o.~(j/;J/~~ COUNCIL RESOLUTION AGENDA ITEM NO.: __ 1..:...:0:....___ Date: August 11, 2014 RESOLUTION NO.: ~ MOVED BY: THAT Council receives Report FIN 14-32 2014 Second Quarter Finance Department Results as information. D Recorded Vote D Defeated D Deferred D Tabled ~or's Initials a;Jat~JJI~f'lM COUNCIL RESOLUTION AGENDA ITEM NO.: __ 1.!..,;1:..,___ Date: August 11. 2014 RESOLUTION NO.: MOVED BY: SECONDED BY: THAT Council receive Report DCS 14-35 Second Quarter Economic Development Results as information. D Recorded Vote D Defeated D Deferred Tabled afktiJJJ~{"tlM COUNCIL RESOLUTION AGENDA ITEM NO.: 12 RESOLUTION NO.: 10 ~ MOVEDBY: ~~ SECONDED BY: ~ C. 0. N\,~ Date: Augu~11.2014 THAT Council receives Report FRS 14-07 Second Quarter Fire & Rescue Services Results as information. ~ [JY'r,;; D Defeated D Recorded Vote D Deferred D Tabled ~Mayor's Initials a~tJJJI~f'iM COUNCIL RESOLUTION AGENDA ITEM NO.: __ 1..:....;:3;...___ Date : August 11, 2014 THAT Council receives Report OPS 14-14, Second Quarter Operations Services as information. D Recorded Vote D Defeated D Deferred Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: 14 Date: August 11. 2014 THAT Council receives Report PRS 14-26 Second Quarter Parks and Recreation Services Results as information. D Recorded Vote D Defeated D Deferred Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: 15 Date: August 11, 2014 RESOLUTION NO.: 13 MOVED BY: THAT Council receives Report FIN 1~ an Resources Key Performance Indices as information. D Carried Recorded Vote D Defeated D Deferred Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: __ 1'-=6 __ Date: August 11, 2014 RESOLUTION NO.: ~ MOVED BY l/!lf,llt, , SECONDED BY: c;,-~ THAT Council receives Report FIN 14-34 Ceridian Amended Agreement; AND THAT By-Law 3841 be brought forward for Council consideration. D Carried Recorded Vote D Defeated D Deferred Tabled ___ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 17 Date: August 11. 2014 THAT Council receives Report FIN 14-33 IT Work Plan Update as information. D Carried Recorded Vote D Defeated D Deferred Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: _ _..:....;:18::...___ RESOLUTION NO.: 16 MOVED BY: &.~ SECONDED BY: ~ r a}U\. ~ \ Date: August 11, 2014 THAT Council receive Report FIN 14-30 Development Charges By-Law Amendment; AND THAT Council directs that the Development Charge By-Law 3827 be brought forward for amendment consideration to prescribe the treatment of Model Homes; AND THAT a Public Meeting be called on September 8, 2014 to address issues of the change . . / / / afarried D Recorded Vote D Defeated D Deferred D Tabled k Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _ ____:_::19:....___ Date: August 11. 2014 RESOLUTION NO.: MOVED BY: THAT Council receive Report FIN 14-27 Audit Services Proposals; AND THAT Council approves Scrimgeour & Company as the Town's auditor for the years ending December 31, 2014 through to December 31, 2018. D Recorded Vote D Defeated D Deferred Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: 20 Date: August 11, 2014 RESOLUTION NO.: 18 MOVED BY: THAT Council receives Report OPS 14-15, Tender Results for the Sidewalk Tractor; AND THAT Council accepts the lowest bid and authorizes the purchase of a new sidewalk tractor, with the automatic greasing system option for $2,995, from Trackless Vehicles at tender price of $115,500 all plus applicable taxes. D Recorded Vote D Defeated D Deferred D Tabled p Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _......;2:...;1:...,___ Date: August 11. 2014 RESOLUTION NO.: MOVED BY: THAT Council receive Report PRS 14-28 Concession and Skate Shop Renewals for information; AND THAT the existing vendors The Tillsonburg Skate Shop and Beres Catering be renewed at their current terms until August 31, 2018. D Carried tJ Defeated D Deferred D Tabled D Recorded ~ Vote 64-Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ~ 2 \ .> Date: August 11, 2014 RESOLUTION NO.: l 9_ MOVED BY: bit/~.· !l Proposed Resolution No.6: THAT Council receive Report PRS 14-28 Concession and Skate Shop Renewals for information; AND THAT the existing vendors The Tillson burg Skate Shop and Beres Catering be renewed at their current terms until August 31, 2015. D Recorded Vote D Defeated D Deferred D Tabled D~~ ___ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _ ___;2=2=----Date: August 11, 2014 RESOLUTION NO.: 20 MOVEDBY: ~- SECONDED BY: 1 /i~~---- THAT Council receives Report PRS 14-31 Tillsonburg Cemetery Columbarium Tender Results for information; AND THAT Council award the contract to CFC Supply at a tendered cost of $17,280.00 plus H.S.T. c:ic'arried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: ---'2=-=30---_ Date: August 11. 2014 RESOLUTION NO.: 21 MOVEDBY: ~ SECONDED BY:='' ~/a-8----.. THAT Council receives Report PRS 14-29 F.A.R.E. Program Update (Fee Assisted Recreational Experiences) for information. D Recorded Vote D Defeated D Deferred Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: 24 RESOLUTION N~-n MOVEDBY: < VVC,tu_~ SECONDEDBY: ~ ~ Date: August 11. 2014 THAT By-Law 3841, to Authorize an Amending Agreement Between the Corporation of the Town of Tillsonburg and Ceridian Canada Ltd.; and By-law 3843, to confirm the proceedings of Council at its meetings held on the 11th day of August, 2014, be read for a first and second time and this constitutes the first and second reading thereof. D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 24 RESOLUTION N ~ MOVED BY: r W ~ SECONDED BY: 3 ca)V\tt_L Date: August 11, 2014 THAT By-Law 3841 , to Authorize an Amending Agreement Between the Corporation of the Town of Tillsonburg and Ceridian Canada Ltd .; and By-law 3843, to confirm the proceedings of Council at its meetings held on the 11th day of August, 2014, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. ~ed D Recorded Vote D Defeated D Deferred Tabled ~al 01tmthlmt IJkgion VARNAVAIR BRANCH 153 16 Durham St., Tillsonburg, Ontario N4G 1V7 Telephone (519) 842-5281 Fax (519) 842-6775 Donna Wilson Town ofTillsonburg 1 0 Lis gar Ave Tillsonburg, ON N4G 5A5 Dear Donna; To bring the Cenotaph up to date, we would like the Historical Society's permission to add Afghanistan to the Battle of Honours already listed. The word "Afghanistan" would be placed under "Korea" on the North side of the Cenotaph. The letters would be the same style, depth, and size of those used for Korea. The Legion will have a dedication service to Honour those who fought and died in Afghanistan at the Cenotaph sometime in the · fall. We will notify you of our plans at a later date. Respectfully yours, Robert Marsden, C.E.T. Royal Canadian Legion Branch 153 Tillsonburg cenotaph--re:permission letter RCL Robert Marsden to: Rick Cox/Tillsonburg 07/21/2014 07:50AM Hide Details From: Robert Marsden <bobmarsden@hotmail.ca> To: Rick Cox/Tillsonburg <rcox@tillsonburg.ca>, History: This message has been replied to. Morning Rick; Please note error in cenotaph inscriptionn -should read west side not north side. Bob file:///C:/Users/rcox/AppData/Local/Ternp/notes48DFC4/~web4294.htrn Page 1 of 1 7/2112014 .....__ '- 0" • T H E ASSOC I ATION FOR T H E UC!n"l!D JUt s f zor• TiUsonburg Customer Service PROTECTION of Fur-Bearing Animals 179 West Broadway, Vancouver, BC V5Y 1 P4 604-435-1850 Mayor and Council , Attached to this letter you will find a postcard from a constituent in your municipality who wants you to seek peaceful, co-existence methods for living alongside wildlife. From coast-to-coast, the terms of 'conservation' and 'wildlife management' are used by trappers as an excuse to kill wild animals. The Association for the Protection of Fur-Bearing Animals has -and can help your municipality-implement non-lethal wildlife management practices. From skunks and beavers to raccoons and coyotes, we can help. Please take the requests of your constituent to heart and allow us to be your partner in co-existence. Thank you, ~t7/-- Lesley Fox Executive Director 604-435-1850 lesley@fu rbearerdefenders. com - '--· ~ ~""""'"' Ontario LEGISLATIVE ASSEMBLY ERNIE HARDEMAN, M.P.P. Oxford July 17, 2014 Dave Beres, Mayor Town ofTillsonburg Town Centre Hall, 200 Broadway, 2nd Floor Tillsonburg, ON N4G SA 7 D~ ftlt • ~'i~ ~ Queen's Park Office: Room 413, legislative Bldg. Toronto, Ontario M7A lAS Tel. (416) 325-1239 Fax (416) 325-1259 I'm writing to let you know that I was recently appointed official opposition critic for Municipal Affairs and Housing. I hope to have the opportunity to meet with you in the near future to hear your views on the relationship between municipalities and the province, any challenges your municipality is facing, and your thoughts on steps needed to strengthen Ontario's municipalities. As you may know, I served as Councillor, Mayor and Warden in Oxford before being elected as MPP. During my time in municipal politics, I was also on the board of the Association of Municipalities of Ontario, as well as, chair ofROMA and the Warden's Association of Ontario. I am also writing to invite you to join the Ontario PC Caucus at our reception during the upcoming AMO conference. The reception will be in the West Ballroom of the London Hilton and will take place on Monday August 18 starting at 8:00p.m. As usual, the PC Caucus will also be holding meetings with municipal representatives during the conference. If you would like to arrange a delegation during the conference, please contact me at emie.hardeman@pc.ola.org or by fax at (416) 325-1259. I look forward to working with you. If I can be of assistance please feel free to contact Ernie Hardeman, MPP Oxford PC Critic for Municipal Affairs and Housing Constituency Office: 12 Perry Street Woodstock, Ontario N4S 3C2 Tel. (519) 537-5222 Fax (519) 537-3577 * '-- --- July 21, 2014 Dear Sir/Madam: • ~ THE COllJEGlh OF JP>HY§KCKAN§ AND §1URGJEON§ OF ONTARIO I am writing to let you know that we have extended the deadline to nominate a physician for a Council Award bestowed by the College of Physicians and Surgeons of Ontario. The deadline has been changed to October 1, 2014 at 10:00 a.m. The impetus for the change was to make it more convenient for you to complete the nomination process. We want to allow plenty of time for you to submit a nomination so you aren 't scrambling to do so while you and others are in the midst of summer vacations. The updated information, including an online nomination form , is available on our website: http://www.cpso.on .ca/About-Us/About-Councii/Honouring-Outstanding-Ontario- Physicians As you know, the Council Award is presented at each Council meeting to honour outstanding Ontario physicians who have demonstrated excellence and embody society's vision of an "ideal physician". Further criteria can be found on our website. We receive a variety of nomination packages, some of which are focused around a comprehensive CV, while others consist of personal letters which demonstrate the physician's commitment to the practise of medicine. We understand that given the diverse array of selection criteria, the nominator may wish to use any number of creative ways to highlight the particular attributes of their nominee. If you know of a worthy physician, please nominate him/her for the Council Award. Please do not hesitate to contact me if you require further assistance: pyelaja@cpso.on.ca; 416-967-2600 ext. 402. Kind regards, p_s.c;~ Ms. Prithi Yelaja Communications Specialist Policy and Communications QUALITY PROFESSIONALS I HEALTHY SYSTEM I PUBLIC TRUST 80 College Street, Toronto, Ontario MSG 2E2 Tel: (416) 967-2600 Toll Free: (800) 268-7096 Fax: (416) 961 -3330 9 ONTARIQ•CANADA S rJl~onbu75 ~ a~to"k!l~~ JULY 3, 2014 Thinking of running for office? l!j,.4(;rdCountY._ ~!:-owing stronger. .. together NEWS RELEASE ANNOUNCEMENT FROM OXFORD COUNTY'S AREA MUNICIPALITIES Oxford's municipalities partner on candidate information session for new and returning candidates NEWS Thinking about running in the upcoming municipal election or school board election? Wondering what is involved? Not sure who to ask? Oxford County's eight area municipalities are hosting a candidate information session on August 13 to explain the basics of the Municipal Elections Act, 1996, including forms and processes, voting methods and more. The session will benefit new and returning candidates. The candidate information session takes place: Wednesday, August 13, 2014-7:00 p.m. Oxford County Administration Building-Council Chamber 21 Reeve Street, Woodstock, ON The sessions will begin with a presentation by the Ontario Ministry of Municipal Affairs and Housing and features MPAC (Municipal Property Assessment Corporation) representatives as invited guests. Each of Oxford's municipalities will be on hand to take part in breakout sessions following the presentations to provide more specific information for candidates. Participants are asked to please RSVP by Wednesday, August 6, 2014 to Michael Graves at 519- 485-0120 or mgraves@ingersoll.ca, or to your local clerk. Oxford County's municipalities include Township of Norwich, Township of Zorra, Township of South- West Oxford, Township of East Zorra-Tavistock, Township of Blandford-Blenheim, Town of Ingersoll, Town of Tillsonburg and the City of Woodstock. 1 of 3 City of Woodstock Amelia (Amy) Humphries Deputy City Clerk Tel: 519-539-2382 ext. 2501 ahumphries@woodstock.ca Township of Norwich Kimberley Armstrong Deputy Clerk Tel: 519-863-2709 Fax: 519-879-6385 karmstrong@twp.norwich.on.ca Township of Blandford-Blenheim Fran Bell Chief Administrative Officer/Clerk Tel: 519-463-5347 ext. 227 Fax: 519-463-5881 fbell@blandfordblenhei m. ca I~, Fw: Policy Update-The 2014 Provincial Update ~ Donna Wilson to: Jeff Bunn info next council meeting Donna Wilson Town Clerk, DPA Town of Tillson burg 200 Broadway, 2nd Floor, Suite 204 Tillsonburg, ON N4G 5A7 Phone: 519-688-3009 Ext. 3224 www.tillsonburg.ca www.DiscoverTillsonburg.ca www.Facebook.comfTillsonburgON ~~ v' Individuals who submit letters and other information to Council should be aware that any personal information contained within their communications may become part of the public record and may be made available to the public through the Council Agenda process. ----Forwarded by Donna Wilson!Tillsonburg on 07/15/14 08:58 AM ----- From: AMO Communications <communicate@amo.on.ca> "dewilson@tillsonburg.ca" <dewilson@tillsonburg.ca>, 07/14/14 07:05PM To: Date: Subject: Policy Update-The 2014 Provincial Update TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL July 14, 2014 The 2014 Provincial Budget Today the Honourable Charles Sousa, Minister of Finance, reintroduced the Provincial Budget for 2014. The Budget was first introduced on May 1, 2014 prior to the dissolution of the Legislature for the 41 51 Ontario general election. This second introduction makes the same spending commitments as the first. It contains initiatives that are both good and bad for municipal governments. Highlights include the following: Good ideas: • Significant Infrastructure Investments-The budget includes a 10-year $130 billion commitment to infrastructure investment. The Province's matching funds to the federal Building Canada Fund are included along with the following new municipal components: • Public Transit and Transportation Infrastructure-Of the above total, $28.9 billion over the next 10 years will be dedicated to public transit and transportation. This includes $15 billion for the GTHA and $13.9 billion for investments in the rest of the province. In 2014-15 this represents $3.3 billion ($1.7 billion in the GTHA and $1.6 billion outside the GTHA). change, to the Municipality of Wawa, payments under this program represent the uncollectable tax revenue coming from 4 7% of its property assessment base. Residents of Wawa face a 12.6% property tax increase to make up for these losses. Any OMPF losses will be in addition to this change. Municipalities affected by these reductions will be meeting shortly to review the situation and are encouraged to attend. • Municipal Hazardous or Special Waste (MHSW) Phase 2 Program Funding Cancelled -The Ontario government has cancelled the MHSW Phase 2 program. Effective October 1, 2014, municipalities will no longer be reimbursed for the management of MHSW Phase 2 materials. Announced in the 2012 provincial budget, MHSW Phase 2 was to be a three-year $10.5 million program. AMO is surprised and disappointed in the cancellation of this small and important waste diversion program, especially with no consultation or warning mid-year for municipal operations and budgets. We are very concerned about this additional fragmentation of the MHSW program and the great potential for resident confusion about where these toxic materials go while knowing that the public expects that hazardous and toxic materials will be safely diverted from our landfills and water sources. This approach also compromises diversion goals and appears to retreat from the principle of extended producer responsibility-which holds manufacturers and retailers accountable for the costs related to safe disposal of their products. Phase 2 materials include six wastes: fire extinguishers, rechargeable batteries, fluorescent light bulbs and tubes, mercury-containing devices such as thermostats and thermometers, and pharmaceuticals and sharps (for those pharmaceuticals and sharps not captured through the Health Products Stewardship Association's regulated program). We understand that the Ministry of Environment will be working with producers, municipalities, and other stakeholders to determine a path forward on options for best management of these Phase 2 MHSW wastes given this upcoming program cancellation. However, no details have been provided at this point. AMO has been a strong advocate of expanding producer responsibility for their products and packaging and will continue to do so. We will provide members with further information on this and other waste diversion matters once available. AMO's budget analysis will continue. Further updates will be provided as required. AMO Contact: Matthew Wilson, Senior Advisor, mwilson@amo.on.ca, 416.971.9856 ext. 323. TOWN OF TILLSON BURG /- '-'Public Meeting for the Council Meeting of August 11, 2014 L' sA 4. 'vVf:/s/ ~~t.t t--.Jc-L\_.:\;S !~&j(/lil£ !Vt?Jj --- '--- Notice of Collection Record of Attendance f 0. e:.? 'y '2.,£ 0 {.t { S:, ....... to__,,) ~ 0--; Page 1 Correspondence intended for Committee and/or Council is generally received as public information, subject to the Municipal Freedom of Information and Protection of Privacy Act and will be part of the public record. PUBLIC NOTICE pursuant to Sections17(15) and 34(12) of the Planning Act, R.S.O. 1990 as amended APPLICATIONS FOR OFFICIAL PLAN AMENDMENT AND ZONE CHANGE County of Oxford P.O. Box 1614, 21 Reeve Street Woodstock, Ontario N4S 7Y3 Telephone: (519) 539-9800 DATE: July 28, 2014 J TOWN OF TILLSONBURG 200 Broadway, 2nd Floor Tillsonburg, Ontario N4G SA? Telephone: (519) 842-9200 FILE: OP 14-05-7 & ZN 7-14-04-2319929 Ontario Inc. Purpose and Effect of the Proposed Official Plan Amendment and Zoning By-Law Amendment The intent of the Official Plan Amendment is to implement site specific policies in order to permit a medical centre on the subject lands. The purpose of the Zone Change application is to rezone the subject lands from 'Service Commercia! Zone (SC)' to 'Special Service Commercial Zone (SC-19)' in order to permit a medical/ centre in addition to the existing list of permitted uses. The lands are located on the west side of Broadway Street and south side of Carolina Street and are legally described as Part Lot 34, Plan 551, in the Town of Tillson burg. The lands are municipally known as 519 Broadway Street. Public Meeting The Council of the Town of Tillsonburg will hold a public meeting to consider the proposed 2!oning By-Law amendment and official plan amendment on: Date: Time: Place: Monday,August11,2014 6:00PM Town Council Chambers, 200 Broadway, 2nd Floor Town Centre Mall, Tillsonburg .. The Council of the County of Oxford will hold a public meeting to consider the proposed Official Plan amendment on: Date: Time: Place: Wednesday, September 10, 2014 9:30AM Council Chamber, Oxford County Administration Building 21 Reeve Street, Woodstock, Ontario ,;.. Please be advised that a sign language interpreter is available to attend the Public Meeting held at the County of Oxford. Where the services of a sign language interpreter are required, arrangements must be made with the Community and Strategic Planning Office at least seven (7) days in advance of the meeting. You can contact the Community and Strategic Planning Office at 519-539-9800 or via e-mail at planning@oxfordcounty.ca You are invited to attend the public meetings, and we would welcome your comments or suggestions either in writing or presented in person at the meetings. Other Planning Act Applications: None ,=>lease be advised that Council may approve, modify or refuse the requested Official Plan amendment or zone change at the meeting. If you do not attend or are not represented at the meeting, Council may proceed and may not advise you of any proposed modifications. If an Official Plan amendment or by-law is approved, notice of passing of the amendment or by-law will be mailed or published in a local newspaper. If a person or public body that files an appeal of a decision of the County of Oxford I Town of Tillsonburg in respect of the proposed Official Plan amendment or zoning by-law does not make oral submissions at a public meeting or make written submissions to the County of Oxford I Town of Tillson burg before the proposed Official Plan amendment or zoning by-law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. Additional information relating to the proposed applications is available for inspection between 8:30-4:30 p.m., Monday to Friday, at the County of Oxford Community & Strategic Planning Office, Woodstock. If you have any questions regarding the above-noted applications, please contact Eric Gilbert. Development Planner. Communitv & Strateaic Plannina Offir.P. - August 12, 2014 Brenda Tabor, Clerk County of Oxford 21 Reeve Street, P.O. Box 1614 Woodstock, Ontario N4S 7Y3 The Corporation of the Town of Tillson burg Re: Planning Application OP 14-05-7 & ZN 7-14-04 Dear Ms. Tabor, Please note that the Town of Tillsonburg Council passed the following resolution at it's August 11, 2014 Regular Council Meeting, THAT Council of the Town of Tillsonburg support the application to amend the Oxford County Official Plan (File No. OP 14-05-7) as submitted by 2319929 Ontario Inc., for lands located at 519 Broadway Street, in the Town of Tillsonburg to establish a special development policy to permit a medical centre as an additional permitted use on the Service Commercial designated lands; AND THAT Council approve in principle the zone change application submitted by 2319929 Ontario Inc., whereby the lands described as Part Lot 34, Plan 551 , Town of Tillsonburg, known municipally as 519 Broadway are to be rezoned from Service Commercial Zone (SC) to Special Commercial Zone (SC-sp). If you have any questions or concerns, please do not hesitate to contact me at the undersigned. Kind Regards, Donna Wilson, DPA Municipal Clerk 200 Broadway Street Tillsonburg, ON N4G SA? -..-Telephone: 519-688-3009 ext. 3224 E-mail: dewilson@tilsonburg .ca '-' "'-- August 12, 2014 Dr. Gary Nelles Optometrist 36 Brock Street West Tillsonburg, Ontario N4G 2A2 Re: Planning Application OP 14-05-7 & ZN 7-14-04 Dear Mr. Nelles, The Corporation of the Town of Tillson burg As you are aware, the Town of Tillsonburg Council passed the following resolution at it's August 11 , 2014 Regular Council Meeting, THAT Council of the Town of Tillsonburg support the application to amend the Oxford County Official Plan (File No. OP 14-05-7) as submitted by 2319929 Ontario Inc., for lands located at 519 Broadway Street, in the Town of Tillsonburg to establish a special development policy to permit a medical centre as an additional permitted use on the Service Commercial designated lands; AND THAT Council approve in principle the zone change application submitted by 2319929 Ontario Inc., whereby the lands described as Part Lot 34, Plan 551 , Town of Tillsonburg, known municipally as 519 Broadway are to be rezoned from Service Commercial Zone (SC) to Special Commercial Zone (SC-sp). The resolution has been sent to County Council for consideration. The County of Oxford will hold a public meeting to consider the proposed Official Plan amendment on Wednesday, September 10, 2014 at 9:30 a.m. in the Oxford County Administrative Building Council Chambers, located at 21 Reeve Street, Woodstock. If you have any questions or concerns, please contact the County of Oxford Community and Strategic Planning Office at 519-539-9800. Kind Regards, ~ Donna Wilson, DPA Municipal Clerk 200 Broadway Street Tillsonburg, ON N4G 5A7 cc. Lisa Gilvesy, Jenkins & Gilvesy ..__ August 12, 2014 Community and Strategic Planning Office County of Oxford 21 Reeve Street, P.O. Box 1614 Woodstock, Ontario N4S 7Y3 The Corporation of the Town of Tillson burg Re: Planning Application OP 14-05-7 & ZN 7-14-04 Dear Mr. Hough, Please note that the Town of Tillsonburg Council passed the following resolution at it's August 11, 2014 Regular Council Meeting, THAT Council of the Town of Tillsonburg support the application to amend the Oxford County Official Plan (File No. OP 14-05-7) as submitted by 2319929 Ontario Inc., for lands located at 519 Broadway Street, in the Town of Tillsonburg to establish a special development policy to permit a medical centre as an additional permitted use on the Service Commercial designated lands; AND THAT Council approve in principle the zone change application submitted by 2319929 Ontario Inc., whereby the lands described as Part Lot 34, Plan 551, Town of Tillsonburg, known municipally as 519 Broadway are to be rezoned from Service Commercial Zone (SC) to Special Commercial Zone (SC-sp). If you have any questions or concerns, please do not hesitate to contact me at the undersigned. Kind Regards, ~~ Donna Wilson, DPA Municipal Clerk 200 Broadway Street Tillsonburg, ON N4G 5A7 '-.--Telephone: 519-688-3009 ext. 3224 E-mail: dewilson@tilsonburg.ca File: A-07/14 / Date: July 21, 2014 TOWN OF TILLSONBURG COMMITTEE OF ADJUSTMENT NOTICE OF PUBLIC HEARING Please take notice that the following application· has been submitted to the Tillsonburg Committee of Adjustment under section 45 of the Planning Act, R.S.O. 1990. Before making its decision on the application, the Committee will hold a. public hearing to consider submissions from both the applicant and every other person who desires to be heard in favour of and/or against the application. The public hearing is to be held: Date: Monday August 11, 2014 Time: 6:00pm Location: Town Council Chambers Tillsonburg Corporate Offices, Town Centre Mall, 2nd Floor OWNERS: · Ric and Nancy Leuszler 18 Colin Ave Tillsonburg ON, N4G OE5 LOCATION: APPLICANT/AGENT: Ric Leuszler 18 Colin Ave Tillsonburg ON, N4G OE5 LOT 8 RP 41M-286 municipally known as 18 Colin Ave, Town ofTillsonburg, 9:mnty of Oxford. PURPOSE OF APPLICATION: An application has been received to permit the construction of a detached accessory btrilding requiring relief from the lot coverage provisions outlined in section 7.2 (R2-Low Density Residential) of Town Zoning Bylaw No. 3295. A previous minor variance was granted (A01114) allowing for 42% lot coverage to allow for the construction of a single family dwelling. The applicant's proposed construction of a garden shed requires additional relief to allow for up to 44% lot coverage in lieu of the maximum 40%. __ : ou are invited to present your comments regarding the application either in person at the public hearing or in writing to the Secretary-Treasurer prior to the public hearing. If you do not attend or are not represented at this meeting, the Committee may proceed in your absence and you will not be entitled to any further notice of the proceedings. If you would like a copy of the Decision of the Committee of Adjustment, please request, in writing, a "Notice of Decision" from the Secretary-Treasurer. The Notice of Decision will be mailed not later than ten days from the date of the Committee's decision. Please be advised that the Oxford County Community and Strategic Planning Department will be conducting a review of the application and if you would like a copy of the Planning Report or have any questions, please contact Eric Gilbert, Development Planner at 519-688-3009 extension 3226 or by email: egilbert@oxfordcounty.ca. ~~~2 M~~ File No. A-07/14 TOWN OF TILLSONBURG COMMITTEE OF ADJUSTMENT DECISION OF COMMITTEE Page 1 of2 WE, the undersigned members of the Town ofTillsonburg Committee of Adjustment, do hereby attest that the following was the decision reached by us at the meeting held on Monday August 11, 2014. OWNERS: Ric and Nancy Leuszler 18 Colin Ave Tillsonburg ON, N4G OE5 LOCATION: APPLICANT/AGENT: Ric Leuszler 18 Colin Ave Tillsonburg ON, N4G OE5 LOT 8 RP 41M-286 municipally known as 18 Colin Ave, Town ofTillsonburg, County of Oxford. PURPOSE OF APPLICATION: An application has been received to permit the construction of a detached accessory building requiring relief from the lot coverage provisions outlined in section 7.2 (R2 -Low Density Residential) of Town Zoning Bylaw No. 3295. A previous minor variance was granted (AO 1114) allowing for 42% lot coverage to allow for the construction of a single family dwelling. The applicant's proposed construction of a garden shed requires additional relief to allow for up to 44% lot coverage in lieu of the maximum 40%. DECISION: APPROVED That the Town ofTillsonburg Committee of Adjustment approve Application File A -07114, submitted by Ric Leuszler, for lands described as Lot 8, Plan 41M-286 in the Town ofTillsonburg as it relates to: Relief from Section 7.2, Low Density Residential Type 2 Zone Provisions (R2)-Lot Coverage, to increase the maximum permitted lot coverage from 42% to 44% to facilitate the construction of a detached accessory building, Subject to the following condition: David Beres 1. A building permit for the detached accessory building shall be issued within one year of the date of the Committee's decision. ( Mark Renaud rj; c0!\)\~ Brenda Carroll nbs:~~-+ c /{p6g49= Chris Rosehart Marty Klein