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COUNCIL AGENDA – October 10, 2019 – Page 1
COUNCIL AGENDA Thursday, October 10, 2019 at 7:00 pm Town of Orangeville Council Chambers 87 Broadway, Orangeville
1. APPROVAL OF THE AGENDA
THAT the Agenda and any Addendum distributed for the October 10, 2019 meeting of Council, be approved.
2. DECLARATION OF INTEREST BY MEMBERS
Members of Council are required to state any pecuniary interest in accordance withthe Municipal Conflict of Interest Act.
3. APPROVAL OF MINUTES OF THE PREVIOUS MEETING
THAT the minutes of the regular meeting of Council of September 12, 2019 and the special meeting of Council of September 26, 2019 be adopted.
4. PROCLAMATIONS, DELEGATIONS AND PRESENTATIONS
4.1. Proclamation: Small Business Week – October 20 – 26, 2019
Mr. Pete Renshaw, Chair, and Ms. Diana Morris, General Manager, Dufferin Board of Trade, will be in attendance to accept the proclamation.
4.2. Proclamation: Waste Reduction Week – October 21 – 27, 2019
Ms. Melissa Kovacs-Reid, Waste Services Manager, will be in attendance to accept the proclamation.
COUNCIL AGENDA – October 10, 2019 – Page 2
4.3. Proclamation: International Day to Eradicate Poverty – October 17, 2019 Ms. Anna McGregor, Director of Community Services, will be in attendance to accept the proclamation.
4.4. Presentation: Dufferin County Equity Collaborative Ms. Anna McGregor, Director of Community Services, will make a presentation on the Dufferin County Equity Collaborative activities.
5. PUBLIC QUESTION PERIOD
6. PRESENTATION AND CONSIDERATIONS OF REPORTS
6.1. General Government Services Minutes – September 26, 2019 THAT the minutes of the General Government Services meeting held on September 26, 2019, and the recommendations set out, be adopted.
GENERAL GOVERNMENT SERVICES – September 26, 2019 – ITEM #1 Provincial Offences Administration – Report #10 – Consultant’s Report on Review of Services THAT the report from the Director of Corporate Services/Clerk, dated September 26, 2019, with respect to the Provincial Offences Administration Space – Report #10, be received; AND THAT the report dated September 2019 from Randell Consulting be circulated to the area municipalities for review and comment; AND THAT the report and the feedback be incorporated into the upcoming service delivery review being undertaken by the County and the area municipalities. GENERAL GOVERNMENT SERVICES – September 26, 2019 – ITEM #2 Policy for Public Access Defibrillator (AED) Loaner Program THAT the report of the Clerk/Director of Corporate Services and the Chief Paramedic, dated September 26, 2019, regarding Policy #4-07-01 for Public Access Defibrillator Loaner Program, be received;
COUNCIL AGENDA – October 10, 2019 – Page 3
AND THAT the attached policy be approved. GENERAL GOVERNMENT SERVICES – August 22, 2019 – ITEM #3 County Insurance 2020 THAT Report, County Insurance 2020, from the Treasurer, dated September 26, 2019, be received; AND THAT AON Risk Services be retained as the County insurance provider for the 2020 and 2021 coverage periods. GENERAL GOVERNMENT SERVICES – August 22, 2019 – ITEM #4 Financial Report THAT the Financial Report for the month of August 2019 from the Treasurer, dated September 26, 2019, be received.
6.2. Director of Community Services’ Report – Municipal Maximum Rate Updates for Child Care Fee Subsidy
A report from the Director of Community Services, dated October 10, 2019, to provide background information on historical practices and recommends changes to the municipal daily maximums for Child Care Fee Subsidy in order to align with provincial guidelines and Dufferin County child care median market rates. THAT the report of the Director, Community Services, titled Municipal Maximum Rate Updates for Child Care Fee Subsidy, dated October 10, 2019, be received; AND THAT, Council approve the Revision to Municipal Rates for Child Care Fee Subsidy as follows:
Age Group Municipal Daily Maximums 2020*
Municipal Daily Maximums
2021*
Municipal Daily Maximums
2022*
Infants $65.00 $67.50 $70.00 Toddlers $55.00 $57.00 $59.50 Preschoolers $46.00 $48.00 $50.00 Kindergarten Before and/or
$26.00 $27.00 $28.00
COUNCIL AGENDA – October 10, 2019 – Page 4
Age Group Municipal Daily Maximums 2020*
Municipal Daily Maximums
2021*
Municipal Daily Maximums
2022*
Kindergarten Non-School
$45.00 $47.00 $49.00School Age – Before and/or
$25.00 $26.00 $27.00
School Age – Non-School
$45.00 $47.00 $49.00 *effective January 1, 2020, 2021, 2022
6.3. Treasurer’s Report – Third Quarter 2019 Report on Request for Tenders & Request for Proposals
A report from the Treasurer, dated October 10, 2019, to provide the quarterly update on all Request for Tenders and Request for Proposals in accordance with By-law 2017-33 Procurement of Goods and Services 2017, Section (4.2.7).
THAT the Report on Request for Tenders and Request for Proposals, from the Treasurer, dated October 10, 2019, be received.
6.4. Treasurer’s Report – Financial Summary
A report from the Treasurer, dated October 10, 2019, to provide Council a financial summary for August 2019.
THAT the report of the Treasurer, dated October 10, 2019, providing a Financial Summary as of August, be received.
6.5. Chief Administrative Officer’s Report – Service Review Report #2
A report from the Chief Administrative Officer, dated October 10, 2019, to provide an update on the status of the service review project.
THAT the report of the Chief Administrative Officer, dated October 10, 2019, regarding Service Review Report #2 be received.
6.6. Chief Administrative Officer’s Report – Monthly Update from Outside Boards
A report from the Chief Administrative Officer, dated October 10, 2019, to provide Council with an update of activities from outside boards and agencies.
COUNCIL AGENDA – October 10, 2019 – Page 5
THAT the report of the Chief Administrative Officer, dated October 10, 2019, with respect to Reports from Outside Boards be received.
7. CORRESPONDENCE
7.1. Justice of the Peace Shortage – Town of Mono Resolution A resolution from the Town of Mono, dated September 25, 2019, regarding the Justice of the Peace shortage in the Province. THAT the following resolution from the Town of Mono Council, dated September 25, 2019, regarding the Justice of the Peace shortage in the province, be supported: WHEREAS POA court currently convenes twice a week in Orangeville; AND WHEREAS two sittings a week are needed to effectively address case volume; AND WHEREAS we are told up to 32% of those court sitting days in Orangeville may be lost in 2020 due to a shortage of justices of the peace; AND WHEREAS, it is estimated there are currently over 30 unfilled justice of the peace vacancies province wide with probably half again as many retirements expected; THEREFORE BE IT RESOLVED thot Mono and other municipalities urge the Province to appoint qualified persons as Justices of the Peace as soon as possible following the current rigorous vetting process so they can be trained and assigned to courts otherwise threatened with closure due to judicial shortages; AND THAT this motion be circulated to all Dufferin municipalities for their consideration, MPP Sylvia Jones, Attorney General Doug Downey and the Hon. Paul Currie, Regional Senior Justice - Central West Judicial District.
COUNCIL AGENDA – October 10, 2019 – Page 6
8. MOTIONS
8.1. Moved by Councillor Anderson, seconded by Councillor Creelman
THAT Staff to enter into discussions with Orangeville regarding the lease of one or more of their transit vehicles to service communities outside of Orangeville and in particular northern Dufferin and report back to Council with the potential costs and service options.
8.2 Moved by Councillor Creelman
WHEREAS serious concerns are emerging over the use of vaping products, especially those with non-tobacco flavours* as it widely believed these are targeting young persons; AND WHEREAS the number of illnesses potentially related to vaping are skyrocketing (420 cases in 33 US States up from 193 in 22 States just two weeks ago - source: CBC - https://www.cbc.ca/news/health/e-cigarette-vaping-illness-explainer-1.5280386); AND WHEREAS concern exists and is growing over tobacco flavoured vaping products inasmuch as one vaping pod may be the equivalent of one or even two packs of cigarettes; AND contrary to the original notion that vaping could assist those attempting to quit conventional smoking, it may in fact be contributing to increased tobacco use** by young persons between the ages of 16 and 18; AND WHEREAS the Ontario Government was the first in Canada to allow e-vaping products to be directly promoted to the public over the objections of health advocates;*** AND WHEREAS many other jurisdictions have banned or are about to ban non-tobacco vaping products in addition to taking other measures e.g. State of Michigan, the United States while Ontario is simply studying the problem;**** THEREFORE BE IT RESOLVED Dufferin County Council expresses its gratitude to our Public Health unit for raising awareness about this issue;
COUNCIL AGENDA – October 10, 2019 – Page 7
AND THAT Dufferin County Council requests the Provincial and Federal Governments in their respective areas of jurisdiction, take immediate appropriate steps to regulate the sale and promotion of vaping products so as to safeguard public health, especially the health of young persons. Footnotes: *Non tobacco flavours include bubblegum, strawberry cheese cake, frosty peach, melonade, Bobby guava and Alto apple to name but a few of the estimate 7,000 plus flavours available. **Public Health, Wellington-Dufferin Guelph Paper titled State of Evidence on Vaping - https://www.wdgpublichealth.ca/board-health/board-health-meetings/september-4-2019-agenda/bh01sep0419r17-state-evidence-vaping **** https://www.theglobeandmail.com/canada/article-ontario-to-allow-marketing-of-vaping-products/ **** https://ottawacitizen.com/news/local-news/ontarios-health-minister-seeks-expert-advice-on-vaping
9. NOTICE OF MOTIONS
10. BY-LAWS 2019-44 A by-law to approve an agreement between the Corporation of the
County of Dufferin and WSP Canada Group Ltd. (Municipal Comprehensive Review) Authorization: Council – September 12, 2019
11. OTHER BUSINESS
12. CLOSED SESSION
12.1. Closed Session Minutes – Union Negotiations Mandate (Municipal Act Section 239 (2) (d) – Labour Relations or Employee Negotiations)
Minutes from a Closed Session of Council held on September 12, 2019.
COUNCIL AGENDA – October 10, 2019 – Page 8
13. CONFIRMATORY BY-LAW 2019-xx A by-law to confirm the proceedings of the Council of the Corporation
of the County of Dufferin at its meeting held on October 10, 2019. THAT by-law 2019-xx be read a first, second and third time and enacted.
14. ADJOURNMENT
THAT the meeting adjourn.
COUNCIL MINUTES – September 12, 2019 – Page 1
DUFFERIN COUNTY COUNCIL MINUTES
Thursday, September 12, 2019 at 7:00 p.m.
Town of Orangeville Council Chambers
87 Broadway, Orangeville
Council Members Present: Warden Darren White (Melancthon)
Councillor Steve Anderson (Shelburne)
Councillor Sandy Brown (Orangeville)
Councillor John Creelman (Mono)
Councillor Bob Currie (Amaranth)
Councillor Guy Gardhouse (East Garafraxa)
Councillor Chris Gerrits (Amaranth)
Councillor Earl Hawkins (Mulmur)
Councillor Janet Horner (Mulmur)
Councillor Wade Mills (Shelburne)
Councillor Laura Ryan (Mono)
Councillor Philip Rentsch (Grand Valley)
Councillor Steve Soloman (Grand Valley)
Alternate Council Members Present: Councillor Debbie Sherwood (Orangeville)
Council Member Absent: Councillor Andy Macintosh (Orangeville)(prior notice)
Staff Present: Sonya Pritchard, Chief Administrative Officer
Pam Hillock, Clerk/Director of Corporate Services
Alan Selby, Treasurer
Scott Burns, Director of Public Works
Anna McGregor, Director of Community Services
Brenda Wagner, Administrator, Dufferin Oaks
Tom Reid, Chief Paramedic Service
Darrell Keenie, Director of Planning, Economic Development and Culture
Cheri French, Director of Human Resources
Michelle Dunne, Deputy Clerk
Warden White called the meeting to order at 7:00 p.m.
COUNCIL MINUTES – September 12, 2019 – Page 2
The Warden announced that the Committee meetings will be held at 55 Zina Street,
Orangeville on Thursday, September 26, 2019:
Infrastructure & Environmental Services Committee – 1:00 p.m.
General Government Services Committee – 3:00 p.m.
Community Services/Dufferin Oaks/Museum Committee – 6:30 p.m.
Warden White also announced the municipal offices will be closed on Monday, October
14, 2019 for Thanksgiving.
1. APPROVAL OF THE AGENDA
Moved by Councillor Brown, seconded by Councillor Rentsch
THAT the Agenda and any Addendum distributed for the September 12,
2019 meeting of Council, be approved.
-Carried-
2. DECLARATION OF INTEREST BY MEMBERS
Members of Council are required to state any pecuniary interest in accordance
with the Municipal Conflict of Interest Act.
3. APPROVAL OF MINUTES OF THE PREVIOUS MEETING
Moved by Councillor Horner, seconded by Councillor Mills
THAT the minutes of the regular meeting of Council of July 11, 2019 be
adopted.
-Carried-
PROCLAMATIONS, DELEGATIONS AND PRESENTATIONS
4. Presentation: Defining Moments Canada Award
Mr. Neil Orford presented the Defining Moments Canada Award to Mr. Darrell
Keenie, Director of Planning, Economic Development and Culture, Ms. Laura
Camilleri, Archivist at the Museum of Dufferin, and Ms. Julie McNiven, Educational
Programmer at the Museum of Dufferin, for The Spanish Flu Exhibit. Ms. Laura
Camilleri and Ms. Julie McNiven presented a brief snapshot of the Exhibit.
COUNCIL MINUTES – September 12, 2019 – Page 3
5. Delegation: Orangeville Food Bank
Ms. Heather Hayes, Executive Director of the Orangeville Food Bank, delegated to
Council regarding Hunger Awareness and an update on the Orangeville
Foodbank’s activities.
6. PUBLIC QUESTION PERIOD
There were no questions from the public.
PRESENTATION AND CONSIDERATIONS OF REPORTS
7. Infrastructure & Environmental Services Minutes – August 22, 2019
Moved by Councillor Brown, seconded by Councillor Gerrits
THAT the minutes of Infrastructure and Environmental Services meeting
held on August 22, 2019, and the recommendations set out, excluding Item
#4, be adopted.
-Carried-
8. INFRASTRUCTURE & ENVIRONMENTAL SERVICES – August 22, 2019 – ITEM #1
Capital Project Update – August 2019
That Report, Capital Project Update – August 2019, from the Director of Public
Works/County Engineer, dated August 22, 2019, be received.
9. INFRASTRUCTURE & ENVIRONMENTAL SERVICES – August 22, 2019 – ITEM #2
Consolidated Traffic By-Law Amendment – Dufferin Road 17 Speed Zone
Adjustment
THAT Report, Consolidated Traffic By-Law Amendment – Dufferin Road 17 Speed
Zone Adjustment, dated August 22, 2019, from the Director of Public
Works/County Engineer be received;
AND THAT the By-law 2005-32 be amended to include the following 50 km/h
Zone in Schedule F
COUNCIL MINUTES – September 12, 2019 – Page 4
Dufferin
Rd.
From To
17 A point situated at the east limit
of Dufferin Road 18 in the
Township of Mulmur.
A point situated 675 m east of
Dufferin Road 18 in the Township
of Mulmur.
AND THAT the By-law 2005-32 be amended to include the following 70 km/h
Zone in Schedule H
Dufferin Rd. From To
17 A point situated at 675 m
east limit of Dufferin Road 18
in the Township of Mulmur.
A point situated at 975 m east
limit of Dufferin Road 18 in the
Township of Mulmur.
10. INFRASTRUCTURE & ENVIRONMENTAL SERVICES – August 22, 2019 – ITEM #3
Waste Services Update – August 2019
THAT Report, Waste Services Update - August 2019, from the Director of Public
Works/County Engineer, dated August 22, 2019, be received;
AND THAT staff be directed to proceed with the necessary procurement for
green bin processing.
11. INFRASTRUCTURE & ENVIRONMENTAL SERVICES – August 22, 2019
ITEM #4 – Electric Vehicle Charging Network – Funding Opportunity
Moved by Councillor Currie, seconded by Councillor Gerrits
THAT Report, Electric Vehicle Charging Network – Funding Opportunity,
dated August 22, 2019, from the Director of Public Works/County Engineer,
be received;
AND THAT the funds to cover the County portion of the project be
committed from the Federal Gas Tax allocation to allow the application to
progress.
COUNCIL MINUTES – September 12, 2019 – Page 5
A recorded vote was requested on Item #4 – Electric Vehicle Charging Network –
Funding Opportunity and taken as follows:
Yea Nay
Councillor Anderson (1) x
Councillor Brown (7) x
Councillor Creelman (2) x
Councillor Currie (1) x
Councillor Gardhouse (2) x
Councillor Gerrits (1) x
Councillor Hawkins (1) x
Councillor Horner (1) x
Councillor Sherwood (7) x
Councillor Mills (2) x
Councillor Rentsch (1) x
Councillor Ryan (3) x
Councillor Soloman (1) x
Councillor White (2) x
Totals (32) 32 0
-MOTION CARRIED-
12. INFRASTRUCTURE & ENVIRONMENTAL SERVICES – August 22, 2019 – ITEM #5
August 2019 Financial Report
A report from the Treasurer, dated August 22, 2019, to provide Committee with a
monthly financial summary.
13. General Government Services Minutes – August 22, 2019
Moved by Councillor Mills, seconded by Councillor Brown
THAT the minutes of General Government Services meeting held on August
22, 2019, and the recommendations set out, be adopted.
-Carried-
14. GENERAL GOVERNMENT SERVICES – August 22, 2019 – ITEM #1
Request For Proposal (RFP) for Auditors
THAT Report, RFP for Auditors, from the Treasurer, dated August 22, 2019, be
received;
COUNCIL MINUTES – September 12, 2019 – Page 6
AND THAT a Bylaw be brought to the next meeting of County Council to appoint
BDO Canada LLP as County Auditors for the years 2019 to 2022.
15. GENERAL GOVERNMENT SERVICES – August 22, 2019 – ITEM #2
Memorandum of Understanding – Ministry of Economic Development,
Employment and Infrastructure – Report #3
THAT the report from the Clerk/Director of Corporate Services, dated August 22,
2019, regarding MOU – Ministry of Economic Development, Employment and
Infrastructure – Use of Courtroom 103, be received.
16. GENERAL GOVERNMENT SERVICES – August 22, 2019 – ITEM #3
Lease with Province for 10 Louisa, 51 Zina Street, Orangeville
THAT the report from the Director of Corporate Services, dated August 22, 2019,
regarding Lease agreement for 10 Louisa Street, 51 Zina Street, Orangeville, be
received;
AND THAT the Director of Corporate Services/Clerk be authorized to engage
Cushman Wakefield, Waterloo Region Ltd., Brokerage, 4295 King Street East,
Suite 401, Kitchener, Ontario, N2P 0C6 to act on the County’s behalf in the lease
negotiations with the Province of Ontario for the leases at 10 Louisa Street and
51 Zina Street, Orangeville.
17. GENERAL GOVERNMENT SERVICES – August 22, 2019 – ITEM #4
Council Meeting to be held In Orangeville Council Chambers
THAT the report of the Clerk/Director of Corporate Services, dated August 22,
2019, regarding Council Meetings to be held in Orangeville Council Chambers, be
received;
AND THAT a review of the live streaming, location, etc. be done after one year.
18. GENERAL GOVERNMENT SERVICES – August 22, 2019 – ITEM #5
August 2019 Financial Report
THAT the August 2019 Financial Report from the Treasurer, dated August 22,
2019, be received.
COUNCIL MINUTES – September 12, 2019 – Page 7
19. GENERAL GOVERNMENT SERVICES – August 22, 2019 – ITEM #6
Ministry of the Attorney General – Joint and Several Liability Consultation
Correspondence from the Ministry of the Attorney General, dated July 12, 2019,
to request participation in the Government’s consultations regarding joint and
several liability and insurance costs affecting the delivery of public services. The
Committee directed the Treasurer to respond with feedback that County would
like to see changes in the legislation and that the letter be circulated to the local
municipalities for support.
20. Community Services/Dufferin Oaks/Museum Minutes – August 22, 2019
Moved by Councillor Horner, seconded by Councillor Rentsch
THAT the minutes of the Community Services/Dufferin Oaks/Museum
meeting held on August 22, 2019, and the recommendations set out, be
adopted.
-Carried-
21. COMMUNITY SERVICES/DUFFERIN OAKS/MUSEUM – August 22, 2019
ITEM #1 – Headwaters Communities In Action (HCIA) Mid Year Report
THAT the report from Headwaters Communities In Action, dated August 2019,
regarding a mid-year update on activities, be received.
22. COMMUNITY SERVICES/DUFFERIN OAKS/MUSEUM – August 22, 2019
ITEM #2 – Quarterly Community Services Activity Report – Second Quarter 2019
THAT the report of the Director, Community Services, dated August 22, 2019,
titled Quarterly Community Services Activity Report – Second Quarter 2019, be
received.
23. COMMUNITY SERVICES/DUFFERIN OAKS/MUSEUM – August 22, 2019
ITEM #3 – Community Safety and Well-Being Plan
THAT the report of the Director, Community Services, titled Community Safety
and Well-Being Plan, dated August 22, 2019, be received;
AND THAT the County of Dufferin be recognised as the lead for the coordination
and development of the Dufferin CSWB plan;
COUNCIL MINUTES – September 12, 2019 – Page 8
AND THAT staff be directed to conduct a Request For Quote (RFQ) process to
obtain a consultant to develop the Dufferin Community Safety and Well-Being
Plan;
AND THAT staff and the successful consultant from the RFP work with the
Dufferin Situation Table and local municipalities to create the Dufferin
Community Safety and Well-Being plan;
AND THAT the cost of consulting services and administrative support to
coordinate and development the Dufferin CSWB plan be paid for from the Rate
Stabilization Reserve at a cost no greater than $10,000.
24. COMMUNITY SERVICES/DUFFERIN OAKS/MUSEUM – August 22, 2019
ITEM #4 – Annual Rent Increase Guideline 2020
THAT the report of the Director of Community Services, dated August 22, 2019,
titled Annual Rent Increase Guideline 2020 be received;
AND THAT the 2020 market rents of Dufferin owned housing units be increased
by the maximum level of 2.2% over the previous year.
25. COMMUNITY SERVICES/DUFFERIN OAKS/MUSEUM – August 22, 2019
ITEM #5 – Dufferin Portable Housing Allowance Implementation (2020)
THAT the report of the Director, Community Services, titled Dufferin Portable
Housing Allowance Implementation (2020), dated August 22, 2019, be received;
AND THAT approval be given for the creation of a Dufferin Portable Housing
Allowance, to assist the Dufferin homeless population, commencing in April 2020,
to be funded from the Social Assistance Restructuring Reinvestment (SARR)
budget.
26. COMMUNITY SERVICES/DUFFERIN OAKS/MUSEUM – August 22, 2019
ITEM #6 – Dufferin County Age-Friendly Needs Assessment and Strategic Action
Plan
THAT the report of the Director, Community Services, titled Dufferin County Age-
Friendly Needs Assessment and Strategic Action Plan, dated August 22, 2019, be
received;
COUNCIL MINUTES – September 12, 2019 – Page 9
AND THAT Dufferin County Age-Friendly Needs Assessment and Strategic Action
Plan be adopted.
27. COMMUNITY SERVICES/DUFFERIN OAKS/MUSEUM – August 22, 2019
ITEM #7 – August 2019 Financial Report
THAT the August 2019 Financial Report from the Treasurer, dated August 22,
2019, be received.
28. Director of Planning, Economic Development & Culture’s Report – Update
on Tourism Services
A report from the Director of Planning, Economic Development and Culture,
dated September 12, 2019, to provide an update on the status of the Headwaters
Tourism Association and to present an option for moving forward with the
delivery of tourism/cultural services in Dufferin County.
Moved by Councillor Ryan, seconded by Councillor Gardhouse
THAT the report of the Director of Planning, Economic Development and
Culture, dated September 12, 2019, regarding Update on Tourism Services be
received;
AND THAT the County of Dufferin not renew the Municipal Services
Agreement (in its current or in an amended form) for tourism services with
Headwaters Tourism upon expiry on December 31, 2019;
AND THAT staff explore alternate options and delivery methods for tourism
services;
AND THAT that funds required to undertake a tourism/cultural services
strategy in collaboration with our local municipalities be included in the draft
2020 budget for the review and consideration of County Council.
-Carried-
29. Treasurer’s Report – Report on Request for Tenders and Request for
Proposals
A report from the Treasurer, dated September 12, 2019, to provide the quarterly
update on all Request for Tenders and Request for Proposals in accordance with
By-law 2017-33 Procurement of Goods and Services 2017, Section (4.2.7).
COUNCIL MINUTES – September 12, 2019 – Page 10
Moved by Councillor Ryan, seconded by Councillor Rentsch
THAT the Report on Request for Tenders and Request for Proposals, from
the Treasurer, dated September 12, 2019, be received.
-Carried-
30. Treasurer’s Report – Financial Summary
A report from the Treasurer, dated September 12, 2019, to provide Council a
financial summary for July 2019.
Moved by Councillor Mills, seconded by Councillor Horner
THAT the report of the Treasurer, dated September 12, 2019, providing a
Financial Summary as of July 2019, be received.
-Carried-
31. Chief Administrative Officer’s Report – Outside Boards
A report from the Chief Administrative Officer, dated September 12, 2019, to
provide Council with an update of activities from outside boards and agencies.
Councillor Gerrits provided a verbal update on the progress of Phase 2 of SWIFT.
Moved by Councillor Brown, seconded by Councillor Ryan
THAT the report of the Chief Administrative Officer, dated September 12,
2019, with respect to Reports from Outside Boards be received.
-Carried-
32. Director of Planning, Economic Development & Culture’s Report – Dufferin
County “Municipal Comprehensive Review” (MCR)
A report from the Director of Planning, Economic Development and Culture,
dated September 12, 2019, to provide an updated outline of the tasks and
process that must be undertaken to complete the County’s Municipal
Comprehensive Review (MCR), as required by the policies of the Growth Plan for
the Greater Golden Horseshoe, 2019 (the “2019 Growth Plan”).
COUNCIL MINUTES – September 12, 2019 – Page 11
Moved by Councillor Brown, seconded by Councillor Ryan
THAT the report of the Director of Planning, Economic Development and
Culture, dated September 12, 2019, regarding Dufferin County Municipal
Comprehensive Review be received;
THAT the memo from WSP, dated August 16, 2019, regarding Dufferin
County MCR Scope be received and the work plan contained therein be
adopted;
AND THAT the MCR budget figures provided by WSP be included in the
draft 2020 County Budget for Council’s review and approval;
AND THAT the County of Dufferin enter into a contract with WSP for the
work outlined in the work plan;
AND THAT the necessary By-law by adopted.
-Carried-
33. CORRESPONDENCE
34. MOTIONS
Moved by Warden White, seconded by Councillor Mills
THAT the Terms of Reference for the Dufferin Youth Council be adopted as
follows:
PURPOSE:
The purpose of the Dufferin Youth Council is to advise Dufferin County
Council on issues as they relate to youth and to engage youth in the
municipal process. The Dufferin Youth Council should also proactively
advance issues of importance to youth in the community, and create
opportunities for youth activities and outreach.
MEMBERSHIP:
Representation will be solicited from the Dufferin County community at
large but should attempt to be representative of all geographic areas of the
County. In order to achieve broad representation, all local school boards,
COUNCIL MINUTES – September 12, 2019 – Page 12
youth community groups, youth service organizations and organizations
specializing in dealing with youth issues as well as the general public should
consider putting forth nominations.
Membership will consist of 12-16 voting youth members aged 13-19.
Terms of members shall be 2 years for junior members (13-15) and 2 years
for senior members (16-19) and shall end at staggered intervals (except
upon first formation of committee).
In addition to youth members, there should be 4 additional non-voting
advisors made up of the following:
2 advisors at large selected from the community
1 member of Dufferin County Council
1 member of Dufferin County Staff
Members shall:
-Show a commitment to advancing issues important to youth
-Demonstrate interest in local issues and challenges as they
pertain to youth
-Respect the procedures as determined by the members
-Be residents of Dufferin County
STRUCTURE:
The Dufferin Youth Council shall meet as determined by the membership
upon constitution of the group and be prepared to discuss issues relevant to
its purpose.
The Dufferin Youth Council shall report to Dufferin County Council through
the General Government Services Committee by way of report or in person.
The Dufferin Youth Council shall engage the public when necessary in
furtherance of its mandate.
-Carried-
COUNCIL MINUTES – September 12, 2019 – Page 13
NOTICES OF MOTION
35. Moved by Councillor Anderson, seconded by Councillor Creelman
THAT Staff to enter into discussions with Orangeville regarding the lease of
one or more of their transit vehicles to service communities outside of
Orangeville and in particular northern Dufferin and report back to Council
with the potential costs and service options.
36. Moved by Councillor Creelman
WHEREAS serious concerns are emerging over the use of vaping products,
especially those with non-tobacco flavours* as it widely believed these are
targeting young persons;
AND WHEREAS the number of illnesses potentially related to vaping are
skyrocketing (420 cases in 33 US States up from 193 in 22 States just two
weeks ago - source: CBC - https://www.cbc.ca/news/health/e-cigarette-
vaping-illness-explainer-1.5280386);
AND WHEREAS concern exists and is growing over tobacco flavoured
vaping products inasmuch as one vaping pod may be the equivalent of one
or even two packs of cigarettes;
AND contrary to the original notion that vaping could assist those
attempting to quit conventional smoking, it may in fact be contributing to
increased tobacco use** by young persons between the ages of 16 and 18;
AND WHEREAS the Ontario Government was the first in Canada to allow e-
vaping products to be directly promoted to the public over the objections of
health advocates;***
AND WHEREAS many other jurisdictions have banned or are about to ban
non-tobacco vaping products in addition to taking other measures e.g.
State of Michigan, the United States while Ontario is simply studying the
problem;****
THEREFORE BE IT RESOLVED Dufferin County Council expresses its gratitude
to our Public Health unit for raising awareness about this issue;
COUNCIL MINUTES – September 12, 2019 – Page 14
AND THAT Dufferin County Council requests the Provincial and Federal
Governments in their respective areas of jurisdiction, take immediate
appropriate steps to regulate the sale and promotion of vaping products so
as to safeguard public health, especially the health of young persons.
Footnotes:
*Non tobacco flavours include bubblegum, strawberry cheese cake, frosty
peach, melonade, Bobby guava and Alto apple to name but a few of the
estimate 7,000 plus flavours available.
**Public Health, Wellington-Dufferin Guelph Paper titled State of Evidence
on Vaping - https://www.wdgpublichealth.ca/board-health/board-health-
meetings/september-4-2019-agenda/bh01sep0419r17-state-evidence-
vaping
****
https://www.theglobeandmail.com/canada/article-ontario-to-allow-
marketing-of-vaping-products/
****
https://ottawacitizen.com/news/local-news/ontarios-health-minister-seeks-
expert-advice-on-vaping
37. BY-LAWS
2019-38 A by-law to amend By-Law 2005-32, Schedule “F” and
Schedule “H” to regulate traffic on roads under the
jurisdiction of the County of Dufferin. (Speed Limit Changes
– Dufferin Road 17)
Authorization: Infrastructure & Environmental Services – August 22,
2019
2019-39 A by-law to ratify the actions of the Warden and the Clerk for
executing an agreement between the Corporation of the County of
Dufferin (Dufferin Oaks Long Term Care Home) and the Ontario
Nurses Association (ONA). (Collective Agreement)
Authorization: Council – January 10, 2019
COUNCIL MINUTES – September 12, 2019 – Page 15
2019-40 A by-law to appoint the auditors for the Corporation of the County
of Dufferin (BDO Canada LLP) for the years 2019 to 2022 inclusive.
Authorization: General Government Services – August 22, 2019
2019-41 A by-law to appoint Robert Watson as a building inspector under
the Building Code Act.
Authorization: Council – September 12, 2019
Moved by Councillor Gerrits, seconded by Councillor Ryan
THAT by-law 2019-38 to 2019-41, inclusive, be read a first, second and third
time and enacted.
-Carried-
38. OTHER BUSINESS
Councillor Gardhouse encouraged everyone to attend the Bridges Out of Poverty
Training occurring on September 16, 2019 at the Salvation Army Church,
Orangeville.
Warden White presented the new Join In Dufferin campaign “Save the Plate”
promotional video and encouraged everyone to take the challenge.
39. CLOSED SESSION
Moved by Councillor Brown, seconded by Councillor Horner
THAT Council move into Closed Session (8:13 p.m.) in accordance with the
Municipal Act, Section 239 (3.1) (1) – Education or Training the Members as
well as Section 239 (2) (d) – Labour Relations or Employee Negotiations.
-Carried-
While in closed session, Council considered Closed Session Minutes from the
Infrastructure and Environmental Services Committee meeting on August 22,
2019. Council also considered a report from the Director of Human Resources
and Administrator of Dufferin Oaks, dated September 12, 2019, regarding
negotiations with the Canadian Union of Public Employees (CUPE).
COUNCIL MINUTES – September 12, 2019 – Page 16
Moved by Councillor Gardhouse, seconded by Councillor Rentsch
THAT Council move into open session (8:18 p.m.).
-Carried-
BUSINESS ARISING FROM CLOSED SESSION
40. Moved by Councillor Horner, seconded by Councillor Mills
THAT the closed session minutes of the Infrastructure and Environmental
Services Committee held on August 22, 2019, be received.
-Carried-
41. Moved by Councillor Creelman, seconded by Councillor Rentsch
THAT the recommendations in the report of the Director of Human
Resources and the Administrator of Dufferin Oaks, dated September 12,
2019, regarding the term of the Memorandum of Understanding between
the County of Dufferin and the Canadian Union of Public Employees be
approved.
-Carried-
42. CONFIRMATORY BY-LAW
2019-42 A by-law to confirm the proceedings of the Council of the
Corporation of the County of Dufferin at its meeting held on
September 12, 2019.
Moved by Councillor Hawkins, seconded by Councillor Ryan
THAT by-law 2019-42 be read a first, second and third time and enacted.
-Carried-
43. ADJOURNMENT
Moved by Councillor Mills, seconded by Councillor Creelman
THAT the meeting adjourn.
-Carried-
The meeting adjourned at 8:20 p.m.
COUNCIL MINUTES – September 12, 2019 – Page 17
Next meeting: Thursday, October 10, 2019 at 7:00 p.m.
87 Broadway, Orangeville
Darren White, Warden Pam Hillock, Clerk
COUNCIL MINUTES – September 26, 2019 – Page 1
DUFFERIN COUNTY COUNCIL MINUTES – SPECIAL MEETING
Thursday, September 26, 2019 at 5:30 p.m.
Sutton Room
55 Zina Street, Orangeville
Council Members Present: Warden Darren White (Melancthon)
Councillor Sandy Brown (Orangeville)
Councillor John Creelman (Mono)
Councillor Bob Currie (Amaranth)
Councillor Guy Gardhouse (East Garafraxa)
Councillor Chris Gerrits (Amaranth)
Councillor Earl Hawkins (Mulmur)
Councillor Janet Horner (Mulmur)
Councillor Andy Macintosh (Orangeville)
Councillor Wade Mills (Shelburne)
Councillor Laura Ryan (Mono)
Council Members Absent: Councillor Steve Anderson (Shelburne)(prior notice)
Councillor Philip Rentsch (Grand Valley)(prior notice)
Councillor Steve Soloman (Grand Valley)(prior notice)
Staff Present: Sonya Pritchard, Chief Administrative Officer
Pam Hillock, Clerk/Director of Corporate Services
Darrell Keenie, Director of Planning, Economic Development and Culture
Michelle Dunne, Deputy Clerk
Warden White called the meeting to order at 5:30 p.m.
1. APPROVAL OF THE AGENDA
Moved by Councillor Horner, seconded by Councillor Macintosh
THAT the Agenda and any Addendum distributed for the September 26,
2019 meeting of Council, be approved.
-Carried-
COUNCIL MINUTES – September 26, 2019 – Page 2
2. DECLARATION OF INTEREST BY MEMBERS
Members of Council are required to state any pecuniary interest in accordance
with the Municipal Conflict of Interest Act.
Councillor Bob Currie has declared a pecuniary interest regarding Item #3 – WSP
Report with respect to Consent Applications B2-19 and B3-19.
PRESENTATION AND CONSIDERATIONS OF REPORTS
3. WSP Report – Consent Applications B1-19, B2-19/B3-19 & B4-19
A report from Mr. Chris Tyrrell, Vice President, and Mr. Gregory Bender, Municipal
Planning Manager, of WSP, dated September 24, 2019, regarding the Township
of Amaranth’s Consent Applications B1-19, B2-19, B3-19 and B4-19.
Mr. Bender and Mr. Matt Alexander were in attendance to present the report.
Councillor Currie requested that the Consent Applications B2-19 and B3-19 be
separated.
Mr. Bender provided an overview of WSP’s role in the County planning process.
He summarized the issues as outlined in their report and explained how the
appeal process works. He noted that the issue is the Township of Amaranth has
approved 4 consent applications that would create new residential lots that are
on land designated as prime agriculture lands. Approval of the consent
applications by the Township resulted in non-conformity with the Provincial
Policy Statement and the County of Dufferin Official Plan. They are
recommending that the County appeal the applications and the deadline is
October 3, 2019.
Mr. Bender and Mr. Alexander provided an overview of the B1-19 and B4-19
applications.
Councillor Currie declared a pecuniary interest and left the room (5:38 p.m.).
The Planning Consultants from WSP provided an overview of the B2-19 and B3-
19 applications.
Councillor Currie returned (5:41 p.m.).
COUNCIL MINUTES – September 26, 2019 – Page 3
Mr. Bender reiterated that the applications are not consistent with the Provincial
Statement or the County of Dufferin Official Plan. He noted there is a strong case
for an appeal, as similar appeals have been successful elsewhere.
The Warden asked if Council had any questions for the Mr. Bender or Mr.
Alexander.
Councillor Gerrits stated it was unclear to him why application B4-19 does not
conform with the County of Dufferin Official Plan as both lots are 47 acres which
complies with the Township Official Plan and will be used for agricultural
purposes. Mr. Bender said that the planning application stated it was for a
building lot and they base their comments on the application. He also noted that
the severance draws a line across the agriculture lands. It is best practice not to
spilt the agriculture lands as the lot should be of similar size and scale of the area
and would be considered a fragmentation of agriculture lands.
Councillor Currie asked if the planners had seen the properties, adding that he
believes they are not prime farmland. Mr. Bender stated they work from the maps
that are in the Official Plans and there is a process to change them if they are
incorrect.
Councillor Mills asked for clarity with regard to the process. He asked if the order
of the approvals of the consent, rezoning or official plan amendments makes a
difference. Mr. Bender noted that by going through an Official Plan Amendment,
it could impact the neighbours’ use of lands because it looks at the impact of the
larger network of land. It is best practice to go through an Official Plan
Amendment process first.
Councillor Gardhouse noted that the soil map presented was dated in the 1960s.
He advised that there is a development freeze on prime agricultural land and
some lands have been re-designated.
Councillor Hawkins asked when the Amaranth Official Plan was last reviewed, or
when is the next review going to be. Councillor Gerrits noted the review is being
completely presently and a draft will be going to Amaranth Council.
The Warden asked if the applicants would like to speak. Mr. Antoine Ghanime
(B4-19) and Mr. Kevin McNeilly (B1-19) both spoke to their applications.
Mr. Ghanime (B4-19) advised that they are 30-year residents of Amaranth and
house 35,000 square feet of greenhouses. He stated that their application
COUNCIL MINUTES – September 26, 2019 – Page 4
conforms with the 47 acres of a farming application. He asked that the plans be
revisited. He noted that he employs five people living in Dufferin County.
Kevin McNeilly spoke in favour of application B1-19. He advised that the property
is surrounded by protected woodlands. He plans to use the property as a horse-
training facility
Councillor Currie declared a pecuniary interest and left the room (6:30 p.m.).
Mr. John Wakinshaw (B2-19 and B3-19) spoke to his two applications and
provided maps that were circulated on desk. He stated that it makes sense to
have the consent application approved and then the official plan amendment.
Councillor Currie returned (6:42 p.m.).
Councillor Horner suggested that Council take another look at the greenhouse
application.
The Warden opened the floor to members of the Public. The following members
of the public spoke in opposition to the applications:
Mr. Chris Bryan, Amaranth resident
Mr. Bill McCutcheon, President, Dufferin Federation of Agriculture
Mr. Bruce Bryan, Amaranth resident
Ms. Judy Bryan, Amaranth resident
Mr. Gord Grant, Ontario Federation of Agriculture
Mr. Scott McPherson, Amaranth resident
Mr. Harry McPherson, Amaranth resident
Mr. John and Shelley Apreda, Amaranth residents (comments submitted to the
Clerk to be circulated to Council).
The Warden thanked everyone for their comments and asked that each
application be voted on separately.
Moved by Councillor Ryan , seconded by Councillor Macintosh
THAT the report from WSP regarding Township of Amaranth Consent
Decisions on B1-19, B2-19, B3-19, B4-19, dated September 23, 2019, be
received;
COUNCIL MINUTES – September 26, 2019 – Page 5
AND THAT staff be directed to pursue an appeal to the Local Planning
Appeal Tribunal (LPAT) of the following consent decision by the Township
of Amaranth listed for reasons outlined in the report pertaining to the
inconsistency with the Provincial Policy Statement and non-conformity with
the County of Dufferin Official Plan:
Consent Application B1-19 – creation of a residential lot - Corriveau,
Roberta and David (applicant – McNeilly) – Concession 8, East Part of
Lot 5 (293274 8th Line, Amaranth)
A recorded vote was requested on the motion and taken as follows:
Yea Nay
Councillor Anderson (1) Absent
Councillor Brown (7) x
Councillor Creelman (2) x
Councillor Currie (1) x
Councillor Gardhouse (2) x
Councillor Gerrits (1) x
Councillor Hawkins (1) x
Councillor Horner (1) x
Councillor Macintosh (7) x
Councillor Mills (2) x
Councillor Rentsch (1) Absent
Councillor Ryan (3) x
Councillor Soloman (1) Absent
Councillor White (2) x
Totals (29) 28 1
-MOTION CARRIED-
Moved by Councillor Gerrits, seconded by Councillor Creelman
THAT the report from WSP regarding Township of Amaranth Consent
Decisions on B1-19, B2-19, B3-19, B4-19, dated September 23, 2019, be
received;
AND THAT staff be directed to pursue an appeal to the Local Planning
Appeal Tribunal (LPAT) of the following consent decision by the Township
of Amaranth listed for reasons outlined in the report pertaining to the
inconsistency with the Provincial Policy Statement and non-conformity with
the County of Dufferin Official Plan:
COUNCIL MINUTES – September 26, 2019 – Page 6
Consent Application B4-19 - creation of a new residential lot –
Ghanime, Antoine and Lucie (434201 4th Line, Amaranth).
A recorded vote was requested on the motion and taken as follows:
Yea Nay
Councillor Anderson (1) Absent
Councillor Brown (7) x
Councillor Creelman (2) x
Councillor Currie (1) x
Councillor Gardhouse (2) x
Councillor Gerrits (1) x
Councillor Hawkins (1) x
Councillor Horner (1) x
Councillor Macintosh (7) x
Councillor Mills (2) x
Councillor Rentsch (1) Absent
Councillor Ryan (3) x
Councillor Soloman (1) Absent
Councillor White (2) x
Totals (29) 27 2
-MOTION CARRIED-
Councillor Currie declared a pecuniary interest and left the room (7:20 p.m.).
Moved by Councillor Ryan, seconded by Councillor Macintosh
THAT the report from WSP regarding Township of Amaranth Consent
Decisions on B1-19, B2-19, B3-19, B4-19, dated September 23, 2019, be
received;
AND THAT staff be directed to pursue an appeal to the Local Planning
Appeal Tribunal (LPAT) of the following consent decisions by the Township
of Amaranth listed for reasons outlined in the report pertaining to the
inconsistency with the Provincial Policy Statement and non-conformity with
the County of Dufferin Official Plan:
Consent Application B2-19 – creation of a new residential lot –
Walkinshaw, William and Susan, Concession 5, Part Lot 31 (484337 30
Sideroad, Amaranth)
COUNCIL MINUTES – September 26, 2019 – Page 7
Consent Application B3-19 – creation of a new residential lot –
Walkinshaw, William and Susan, Concession 5, Part Lot 31 (484337 30
Sideroad, Amaranth)
A recorded vote was requested on the motion and taken as follows:
Yea Nay
Councillor Anderson (1) Absent
Councillor Brown (7) x
Councillor Creelman (2) x
Councillor Currie (1) Absent
Councillor Gardhouse (2) x
Councillor Gerrits (1) x
Councillor Hawkins (1) x
Councillor Horner (1) x
Councillor Macintosh (7) x
Councillor Mills (2) x
Councillor Rentsch (1) Absent
Councillor Ryan (3) x
Councillor Soloman (1) Absent
Councillor White (2) x
Totals (28) 27 1
-MOTION CARRIED-
Councillor Currie returned to the room (7:21 p.m.).
4. CONFIRMATORY BY-LAW
2019-43 A by-law to confirm the proceedings of the Council of the
Corporation of the County of Dufferin at its meeting held on
September 26, 2019.
Moved by Councillor Horner, seconded by Councillor Macintosh
THAT by-law 2019-43 be read a first, second and third time and enacted.
-Carried-
COUNCIL MINUTES – September 26, 2019 – Page 8
5. ADJOURNMENT
Moved by Councillor Macintosh, seconded by Councillor Horner
THAT the meeting adjourn.
-Carried-
The meeting adjourned at 7:22 p.m.
Next meeting: Thursday, October 10, 2019 at 7:00 p.m.
87 Broadway, Orangeville
Darren White, Warden Pam Hillock, Clerk
Dufferin County Equity
Collaborative (DCEC)
Anna McGregor
Director of Community Services/ Co-Chair DCEC
Presentation to Dufferin County Council on Thursday, October 10, 2019
Title Text Background
Poverty Summit
November 2015
Engagement and
Discussion local level
2016
Collaboration between
County and HCIA 2016
Creation of DC MOVES
2016
Reducing Poverty in Dufferin
County: A Proposed Strategic
Framework Feb 2017
Research
Discussion
Strategic
Priorities
DCPRTF 2017/2018
Local Health Integration Network –
Sub Collaborative
Poverty Working
Group 2018
DCPRTF = Dufferin County Poverty Reduction Task Force
Title Text DC MOVES
Dufferin County – Managing Organizing Visualizing Engagement Strategy
Its purpose is to increase collaboration between, and integration of,social service delivery and social service providers operating in DufferinCounty.
Title Text How we arrived at Today
• Duplication between DCPRTF and LHIN Poverty Working Group• Better Information sharing, data collection and planning if tables
are combined• Sub Committee formed to create new Terms of Reference for
new combined group• Demonstrate cross sectoral support (County and Public Health
Co-Chair)• Reframed ‘Poverty’ to ‘Equity’ • Build on the work already done by both tables and create draft
Road Map
Title Text Collaboration
“Intersectoral collaboration is essential to addressing complexities of social, political, economic and environmental factors that influence… inequities”
(Jeffrey Turnbull, 2018)
Why
• No one can do this work on their own• Many levers of change on determinants of health lie outside the
health sector• Collaboration includes, residents, clients, patients and families
Title Text Equity Definition“Equity means that all people can reachtheir full potential and are notdisadvantaged from attaining itbecause of their race, ethnicity,religion, gender, age, social class,socioeconomic status or other sociallydetermined circumstance.”
(Whitehead & Dahlgren, 2006)
Title Text New Terms of Reference
1. Purpose2. Guiding Principles3. Decision Making Process4. Membership5. Role of Members6. Role of Co-Chairs (County of Dufferin and Public Health)7. Role of Coordinator8. Conflict of Interest9. Meetings
Title Text Data How did the Community Priorities emerge:
• Multiple sources of data and evidence
• Building upon previous planning and reports
Title Text Community Priorities for
Roadmap• Housing and Homelessness
• Employment
• Health Equity
Evolving Community Priorities to Monitor:
• Aging in Place
• Early Childhood Development
• New to Dufferin
Housing and Homelessness
• The average resale price forhomes within Dufferin have risensubstantially over the pastdecade; however, incomes arenot rising quickly enough to meetthese increasing prices.
• There is an insufficientavailability of rental units inDufferin.
Real Property Solutions (RPS), 2017Rental Market Survey (RMS), 2017, Canada Mortgage and Housing Corporation
Housing and Homelessness – Tenant Households
45% of tenanthouseholds inDufferin Countyspend more than30% of theirhousehold incomeon shelter costs.
Housing and Homelessness - Waitlist
Total Number ofapplicant householdson the HousingWaitlist as of Q2 2019:725
Housing and Homelessness - Prevention
HOMELESSNESS PREVENTION PROGRAM
Number of Clients served in Q2 2019: 99
Working Group Members:
Carol Barber, Community Housing, County of Dufferin
Julie Vanderwerf, Community Services, County of Dufferin
Adriana Bell, Community Housing, County of Dufferin
Shelley Doney, Children’s Services, County of Dufferin
John Oosterhof, Community Member
Cory O’Handley, Services and Housing In the Province (SHIP)
Wendy Taylor-Brett, Central West Local Health Integration Network (LHIN)
Lyn Allen and Norah Kennedy, Family Transition Place (FTP)
HOUSING & HOMELESSNESS
GOAL – Members of the community will have equitable opportunities to find and maintain housing and housing instability and homelessness will be prevented
HOUSING & HOMELESSNESS
ACTION: Investigate collaborative solutions for mixed housing with mixed living/sharingarrangements for different client groups, recognizing that it may involve zoning, jointplanning, pooling dollars, building business cases and seeking grants (i.e. Golden Girls,etc.)
1. Golden Girls presentation June 2019
2. Submission June 2019 of the list of considerations to the consultant “WSP” and the Planning Coordinator for the Official Plan update as part of the Municipal Comprehensive Review (MCR)
3. Overview of the Tiny Homes Webinar
4. Presentation and activity from Program Manager for Housing on RentSmart program
5. Joint funding application for supportive housing with Headwaters Health Care Centre and other service providers mid July
Stories of Success: (i.e. new connections, a changed practice, greater awareness, increased will)
• Quicker collaborations – very tight timeline for the funding application to the province for supportive housing dollars
• Greater awareness of what makes successful tenancies and how RentSmart will be able to assist clients and the community in the prevention of homelessness and to maintain their housing
HOUSING & HOMELESSNESS
Employment
• ‘Employment provides income, a sense of identity and helps to structure day-to-day life’ (Raphael, 2015).
• Multiple layers to this priority:• Education and Training• Types of Employment• Income
Employment – Ontario Works
SOCIAL ASSISTANCE (ONTARIO WORKS)
Average Monthly Caseload as of Q2 2019: 666
Employment - % of people 25-64 years with no certificate, diploma or degree
• 11% of individuals 25-64 years with no certificate, diploma or degree
• Higher in Grand Valley, Melanchthon and Shelburne
Employment –Unemployment Rate
• 6% unemployment rate for individuals 15 years and over
• Higher in Grand Valley, Amaranth and Shelburne
• Higher among females
Working Group Members:
Joe Andrews, Humber College
Brenda Burman, Georgian College
Karisa Downey, Economic Development, County of Dufferin
Shirley Hannigan, Services and Housing in the Province (SHIP)
Christine Madden, Ontario Works, County of Dufferin
Carol Maitland, Economic Development, Town of Shelburne
Diana Morris, Dufferin Board of Trade (DBOT)
John Oosterhof, Community Member
Carol Simpson, Wellington Waterloo Dufferin Work Force Planning Board (WWD WFPB)
Ellen Sinclair, Small Business Enterprise Centre (SBEC)
Wendy Taylor-Brett, Central West Local Health Integration Network (LHIN)
Julie Vanderwerf, Community Services, County of Dufferin
Mary Wheelwright, Headwaters Health Care Centre (HHCC)
Stephanie Smith, United Way Guelph Wellington Dufferin
EMPLOYMENT
GOAL – Members of the community will have equitable access to employment opportunities with the ability to achieve economic well-being
ACTION: Connect with Workforce Planning Board Waterloo Wellington Dufferin and local Economic Development Officers on groundwork and research what others are doing including Dufferin Board of Trade, Small Business Enterprise Centre, etc.
• Held four data sharing meetings connecting with other parties and their work
• Validated and updated understanding about our Employment challenges and needs
Contribute to - leverage the work being done through Economic Development and other partners within Dufferin
• Created awareness across the group about projects and activities in progress regarding Employment, and opportunities to leverage each others work to improve outcomes for employees
EMPLOYMENT
Stories of Success: (i.e. new connections, a changed practice, greater awareness, increased will)
• Reconnected with those previously at the table under Dufferin WFD Committee, increased awareness of what is happening in DC across a broad spectrum
• Greater collective understanding of the mismatched expectations by both employees and employers as well as updating DC stated challenges based on new data
• Rejuvenated will to work together to address employment from a collective perspective knowing what each party is doing and how we can leverage each others work
EMPLOYMENT
Health Equity • Health Equity – All
individuals can reach their full health potential and there are not disadvantaged from attaining it due to social, economic factors.
• ‘Health is unevenly distributed between social groups in the population’ (Norwegian Ministry of Health and Care Services, 2007).
Health Equity – Food Insecurity
Proportion of households experiencing food insecurity in Wellington-Dufferin-Guelph was approx. 14% (Canadian Community Household Survey, 2012-2014).
Income
Scenario
% income
required for
rent
% income
required to
purchase
the NFB
Total %
of
income
required
for rent
and the
NFB
$ left for all
other
expenses
Median
Ontario
income
15% 12% 27% $5761.31
Family of
Four on
OW
46% 35% 81% $472.31
Single
person on
OW
93% 38% 131% (-$247.10)
GOAL: Members of the community will have equitable opportunities to be healthy, by having access to quality care that is fair, dignified and appropriate to their needs, regardless of where they live, their income or who they are
HEALTH EQUITY
Leslie Barnes, Services and Housing in the Province (SHIP)Heidi Vanderhorst , Dufferin Family Area Health Team (DFAHT)Tim Smith , Canadian Mental Health Association, Peel (CMHA)Mary Wheelwright , Headwaters Health Care Centre (HHCC)Dave Pearson, Central West Local Health Integration Network (LHIN)
Working Group Members:
Heather Hayes, Orangeville Foodbank
Maureen Riedler, Hospice Dufferin
Andrea Noorani, Friends & Advocates, Peel
John Oosterhof , Community Member
Wendy Taylor-Brett , Central West Local
Health Integration Network (LHIN)
Julie Vanderwerf, Community Services,
County of Dufferin
ACTION: Develop and deliver health equity training(s) - To build capacity and raise awareness of local health equity issues
1. Health Equity awareness:
• Treating Patients with C.A.R.E. and the Empathy Effect - June 4
• Bridges Out of Poverty –September 16 (85 participants)
• GW Task Force to Eliminate Poverty with Community Engagement-November 2019
• CW LHIN & William Osler Health System -Fall 2019
2. Communication:
Dedicated health equity webpage with tools and resources for the community
• Health Equity Impact Assessment - training online
• Health Equity 101 – learning about health equity webinars
• Links to resources
• DCEC Facebook Page
HEALTH EQUITY
3. Community Engagement
• Moving forward in the development of a community engagement plan to understand the barriers from individuals with lived experience; the impact of those barriers; and how can we reduce those barriers
• Exploring Circles for Dufferin (Bridges Out of Poverty)
Stories of Success:
• Development/planning of a strategy to delivery food to community members who experience barriers to accessing services-
o Awareness of community agencies who do home visits that could deliver both perishable and non-perishable foods to clients
o Collaborative pilot project with Orangeville Food Bank, CW LHIN currently underway
• County council proclamation to recognize international day for the eradication of poverty on October 17, 2019
HEALTH EQUITY
General Government Services Committee Minutes – September 26, 2019 - Page 1
GENERAL GOVERNMENT SERVICES COMMITTEE MINUTES
Thursday, September 26, 2019 at 3:00 p.m.
The Committee met at 3:00 p.m. in the Sutton Room, 55 Zina Street, Orangeville
Members Present: Councillor John Creelman (Chair)
Warden Darren White
Councillor Guy Gardhouse
Councillor Andy Macintosh
Councillor Wade Mills
Staff Present: Sonya Pritchard, Chief Administrative Officer
Pam Hillock, Clerk/Director of Corporate Services
Alan Selby, Treasurer
Cheri French, Director of Human Resources
Peter Routledge, IT Manager
Michelle Dunne, Deputy Clerk
Chair Creelman called the meeting to order at 3:00 p.m.
DECLARATIONS OF PECUNIARY INTEREST
There were no declarations of pecuniary interest.
PUBLIC QUESTION PERIOD
There were no questions from the public.
REPORTS
1. GENERAL GOVERNMENT SERVICES – September 26, 2019 – ITEM #1
Provincial Offences Administration – Report #10 – Consultant’s Report on Review
of Services
A report from the Clerk/Director of Corporate Services, dated September 26, 2019,
to receive a report from the consultant, Randell Consulting, on the administration
General Government Services Committee Minutes – September 26, 2019 - Page 2
of the Provincial Offences Court function and to identify next steps.
Mr. Barry Randell was in attendance to present the report and to answer questions.
Moved by Councillor Mills, seconded by Councillor Macintosh
THAT the report from the Director of Corporate Services/Clerk, dated
September 26, 2019, with respect to the Provincial Offences Administration
Space – Report #10, be received;
AND THAT the report dated September 2019 from Randell Consulting be
circulated to the area municipalities for review and comment;
AND THAT the report and the feedback be incorporated into the upcoming
service delivery review being undertaken by the County and the area
municipalities.
-Carried-
2. GENERAL GOVERNMENT SERVICES – September 26, 2019 – ITEM #2
Policy for Public Access Defibrillator (AED) Loaner Program
A report from the Clerk/Director of Corporate Services and the Chief Paramedic,
dated September 26, 2019, to seek authorization to approve a policy for Public
Access Defibrillator (AED) Loaner Program.
Moved by Councillor Gardhouse, seconded by Councillor Amaranth
THAT the report of the Clerk/Director of Corporate Services and the Chief
Paramedic, dated September 26, 2019, regarding Policy #4-07-01 for Public
Access Defibrillator Loaner Program, be received;
AND THAT the attached policy be approved.
-Carried-
3. GENERAL GOVERNMENT SERVICES – August 22, 2019 – ITEM #3
County Insurance 2020
A report from the Treasurer, dated September 26, 2019, to recommend retaining
the services of the incumbent County insurance provider.
General Government Services Committee Minutes – September 26, 2019 - Page 3
Moved by Councillor Gardhouse, seconded by Councillor Mills
THAT Report, County Insurance 2020, from the Treasurer, dated September
26, 2019, be received;
AND THAT AON Risk Services be retained as the County insurance provider
for the 2020 and 2021 coverage periods.
-Carried-
4. GENERAL GOVERNMENT SERVICES – August 22, 2019 – ITEM #4
Financial Report
A report from the Treasurer, dated September 26, 2019, to provide Committee with
a monthly financial summary.
Moved by Councillor Mills, seconded by Councillor Gardhouse
THAT the Financial Report for the month of August 2019 from the Treasurer,
dated September 26, 2019, be received.
-Carried-
NEW BUSINESS
The Chief Administrative Officer provided the Committee with an update on the service
review. The Request for Proposal was posted on Bids and Tenders on September 20,
2019 and closes on October 25, 2019. It will be a three phase process that will include
creating a comprehensive inventory of all services and an analysis of coordination of
services. The process will also look at internal County operations. The final report will
come to Council in June 2020. The CAO will have a report at the next Council meeting.
Councillor Gardhouse asked if the County could take a lead on commenting to the
Province on all the upcoming regulations. The CAO noted that the County tries to
coordinate responses but this could be part of the service review discussions.
ADJOURNMENT
The meeting adjourned at 3:38 p.m.
General Government Services Committee Minutes – September 26, 2019 - Page 4
NEXT MEETING: Thursday, October 24, 2019 at 3:00 p.m.
55 Zina Street, Orangeville – Sutton Room (2nd Floor)
Respectfully submitted,
...............................................................
Councillor John Creelman, Chair
General Government Services Committee
REPORT TO COUNCIL
To: Warden White and Members of Council From: Anna McGregor, Director of Community Services Meeting Date: October 10, 2019 Subject: Municipal Maximum Rate Updates for Child Care Fee Subsidy In Support of Strategic Plan Priorities and Objectives: Good Governance - ensure transparency, clear communication, prudent financial management Inclusive and Supportive Community – support efforts to address current and future needs for a livable community Purpose This report provides background information on historical practices and recommends changes to the municipal daily maximums for Child Care Fee Subsidy in order to align with provincial guidelines and Dufferin County child care median market rates. Background and Discussion In 2007, the County of Dufferin implemented a maximum municipal per diem rate for child care fee subsidy. At the time, the rate was in line with the market rate of the licensed child care providers in the community. County of Dufferin municipal daily maximum Child Care Fee Subsidy rates increased in 2015 and then again, in 2017, when it was acknowledged that although County of Dufferin Daily Maximums had remained the same, child care provider rates had continued to increase annually. The majority of Dufferin County child care centres increase their rates annually; however, the Daily Maximums have not been increasing on an annual basis. County Municipal Daily Maximums have remained the same since the last increase in 2017.
Municipal Maximum Rate Updates for Child Care Fee Subsidy Page 2 of 4 When there are lower subsidy amounts, families who are eligible for a full subsidy continue to pay the difference between the subsidy rate and the centre fee – for example:
Daily Centre Fee (Infant) $69.00 Calculated Daily Parent Fee (Income less than $20,000) 0 Daily Municipal Subsidy Maximum (Infant) $59.00 Parent pays fee/day $10.00
In this scenario, a family who is eligible for a full subsidy will still be required to pay approximately $2,490/year per child. The following proposed increases to the Municipal Daily Maximums are recommended to modernize the municipal contributions and to bring practices in line with the provincial guidelines that state the following:
Service Managers are strongly discouraged from adopting parent fee practices that cause subsidized parents to pay fees that may exceed their ability to pay as determined by the income test.
- Ontario Child Care and Family Support Program Service Management and Funding Guideline – January 2016, p. 30.
In order to determine proposed new Fee Subsidy Municipal Daily Maximum rates and a process for future increases to the rates, research was conducted by contacting CMSMs and DSSABs across Ontario for feedback on their Municipal Daily Maximum rates. From those that responded, information was compiled and examined. More than half of the municipalities that responded do not have Municipal Daily Maximum rates and instead pay the full market rate. In addition, the current licensed child care daily rates for all age groups at all licensed child care centres across Dufferin County were collected and compiled. The information was compared to Dufferin’s current Municipal Daily Maximums to determine recommended changes. The recommended 2020 rates are at the market median (mid-point) of Dufferin County providers. This recommendation will increase the amount of support provided to our lowest income families. It is recommended that in order to stay within approximate median market rates, Daily Maximums be increased annually until 2022. In order to determine a process for scheduled Daily Maximum increases over time, research was conducted to collect the average annual fee increase across Dufferin County licensed child care centres over the last five years. This was used to calculate an overall average increase, which was then used to determine a recommended fee increase schedule for Daily Maximums moving forward until 2022.
Municipal Maximum Rate Updates for Child Care Fee Subsidy Page 3 of 4 On average, Dufferin County child care centres increase their fees approximately 4% annually. To stay around the 4% average fee, increase of Dufferin child care centres, it is recommended that Daily Maximums increase approximately 4% (rounded to the nearest 50 cents) in 2021 and 2022. The chart below presents a summary of current Municipal Daily Maximum rates (static since 2017) and recommended changes by age group over the next three years. Three of the rates are staying the same for 2020, while four are changing in order to bring the rate up to the current Dufferin median. Current (2019) Dufferin child care centre median fees (full-time only) are presented as a comparison.
CURRENT FEES PROPOSED FEES*
Age Group
Current Dufferin
Child Care
Centre Median
Fee (FT
Only)
Current Municipal
Daily Maximum
Proposed Municipal Daily
Maximum (Effective
Jan 1, 2020)
Proposed Municipal Daily
Maximum (Effective
Jan 1, 2021)
Proposed Municipal Daily
Maximum (Effective
Jan 1, 2022)
Rate
% in
crea
se
Rate
Roun
ded
% in
crea
se
Rate
Roun
ded
% in
crea
se
Infants $69.00 $59.00 $69.00 16.9% $72.00 4% $75.00 4% Toddlers $55.00 $50.00 $55.00 10.0% $57.00 4% $59.50 4% Preschoolers $45.50 $45.00 $46.00 2.2% $48.00 4% $50.00 4% Kindergarten Before and/or After School
$26.50 $25.00 $26.00 4.0% $27.00 4% $28.00 4%
Kindergarten Non-School Days
$43.00 $45.00 $45.00 0.0%1 $47.00 4% $49.00 4%
School Age – Before and/or After School
$25.00 $25.00 $25.00 0.0%1 $26.00 4% $27.00 4%
School Age – Non-School Days
$43.00 $45.00 $45.00 0.0%1 $47.00 4% $49.00 4%
*Proposed rates rounded to nearest fifty cents 1 No increase is proposed, as rates are currently at or above Dufferin median rates
Municipal Maximum Rate Updates for Child Care Fee Subsidy Page 4 of 4 The fee increases in the chart are recommended for implementation on January 1 of each year (2020, 2021 and 2022). In 2023, it is recommended that a comprehensive market review be completed in order to determine if Daily Maximums are still in line with median market rates in the area. Local Municipal Impact The proposed rate changes will better align with local market median rates and will better assist those families who receive it. However, it should be noted, if demand is high, there may be a waitlist for fee subsidy. Financial, Staffing, Legal, or IT Considerations The Child Care Fee Subsidy program will continue to operate within its annual funding allocation and there will be no financial impact to the County. Recommendation THAT the report of the Director, Community Services, titled Municipal Maximum Rate Updates for Child Care Fee Subsidy, dated October 10, 2019 be received; AND THAT, Council approve the Revision to Municipal Rates for Child Care Fee Subsidy as follows:
Age Group Municipal Daily
Maximums 2020*
Municipal Daily Maximums
2021*
Municipal Daily Maximums
2022* Infants $69.00 $72.00 $75.00 Toddlers $55.00 $57.00 $59.50 Preschoolers $46.00 $48.00 $50.00 Kindergarten Before and/or After School $26.00 $27.00 $28.00 Kindergarten Non-School Days $45.00 $47.00 $49.00 School Age – Before and/or After School $25.00 $26.00 $27.00 School Age – Non-School Days $45.00 $47.00 $49.00 *effective January 1st 2020, 2021, 2022 Respectfully Submitted By: Anna McGregor Director, Community Services
REPORT TO COUNCIL
To: Warden White and Members of Council From: Alan Selby, Treasurer Meeting Date: October 10, 2019 Subject: Third Quarter 2019 Report on Request for Tenders & Request for
Proposals In support of Strategic Plan Objective: Good Governance – ensure transparency, clear communication, prudent financial management
Purpose
The purpose of this report is to provide the quarterly update on all Request for Tenders and Request for Proposals in accordance with By-law 2017-33 Procurement of Goods and Services 2017, Section (4.2.7).
Background and Discussion
This report covers the period from July 1, 2019 through September 30, 2019. This was a very active quarter with multiple project awards. During the reporting period, one RFP and one Invitation To Tender (ITT) were also issued through the electronic bidding process, as per details below:
• Service Delivery Review (RFP) • Flat Roof Replacements for Facilities (Tender) • Landscape Consulting Services for Dufferin Oaks (RFQ)
These three competitions are closing after September 30, 2019 and results will appear in the next quarterly procurement report.
Details
The following table provides the details of the Requests for Tender and Requests for Proposal (where amounts were greater than $50,000 as per By-Law 2017-33) for the reporting period outlined.
Report on Request for Tenders and Request for Proposals Page 2 of 3
Tender/RFP Number Description Status Vendor Budget
Value Contract Value
RFP R2019-DO-19-01
Scheduling Attendance
Software Awarded
Staff Scheduling
Care
within Oaks Oper. Budget $48,643.32
RFP R2019-TR-19-02
Audit Services (over 4 years) Awarded BDO Canada
LLP $160,000.00 estimated
$159,315.06 (over 4 years)
ITT -DO-19-03
Parking Lot and Curbing for Dufferin
Oaks
Awarded Cox
Construction Ltd.
$270,000 $233,431.30
ITT -PW-19-12
Supply of Materials and Disposal for
Road 21
Awarded
Strada Aggregates
Inc.
$360,000.00 $351,291.88
ITT -PW-19-13
Purchase of Landscape Truck for
Operations
Awarded
Oxford Dodge
Chrysler (1992) Ltd
$75,000 $70,960.30
ITT -PW-19-14
Purchase of Loader Awarded Nortrax
Canada Inc. $320,000 $234,682.98
ITT -PW-19-15 Crack Sealing Awarded
Northern Contracting & Maintenance
$128,700 $101,648.78
ITT -PW-19-17
Purchase of Sign Truck
Body Awarded Eloquip Ltd $ 52,500 $48,397.06
ITT -PW-18-11
Haulage of Road Salt
Awarded (Contract Extension)
Megtay Solutions $110,000.00 $109,757.73
All procurement of goods and services, by every department in the County, is governed by the guidelines of the By-Law 2017-33, the “Purchasing Policy”. There are multiple approval stages, creating a system of checks and balances, to purchases, as outlined in the Policy.
Report on Request for Tenders and Request for Proposals Page 3 of 3
Department Heads, or their Authorized Delegate(s) initiate purchases for values up to $10,000. As outlined in the Policy, further steps are taken in the case of purchases of greater than $10,000 to obtain competitive quotes. For purchases greater than $50,000, there are additional steps for formal Tenders and/or Requests for Proposals, including detailed evaluation of bids received. Further, these purchases are reported to Council on a quarterly basis, in reports such as this one. Still further steps are required, as outlined in the Policy, for situations where vendor price bids are above the approved annual budget. Department Heads in consultation with the Treasury Department are responsible for ensuring purchases, service contracts, and tender/RFP awards are within budget.
Recommendation
THAT the Report on Request for Tenders and Request for Proposals, from the Treasurer, dated October 10, 2019, be received. Respectfully Submitted by: Alan Selby, CPA, CGA County Treasurer
Prepared by Rajesh Singh, Procurement Manager
August 2019 Summary2018
ACTUALAUG 2019 ACTUAL
2019 BUDGET
DOLLAR CHANGE
%AGE CHANGE
RevenuesUser Fees -$5,056 -$3,260 -$5,101 -$1,840 63.92%Supplemental Taxation -$954 $2 -$490 -$492 -0.38%Investment Income -$477 -$511 -$415 $96 123.24%Rent Revenue -$3,231 -$2,184 -$3,533 -$1,349 61.81%Government Transfers -$32,654 -$23,535 -$31,736 -$8,202 74.16%Other Revenue -$6,590 -$1,711 -$3,904 -$2,193 43.82%
Total Revenues -$48,962 -$31,199 -$45,179 -$13,980 69.06%ExpendituresSalaries and Benefits $25,300 $16,398 $26,627 $10,229 61.58%Administrative and Office $2,361 $1,689 $3,183 $1,494 53.07%Debt Repayment $3,161 $1,821 $2,793 $972 65.20%Service Delivery $34,473 $22,036 $34,594 $12,558 63.70%IT and Communications $706 $615 $901 $286 68.21%Facilities $4,269 $2,726 $4,398 $1,672 61.98%Vehicles and Equipment $1,066 $699 $1,149 $451 60.79%Internal Services Used $1,188 $929 $1,397 $468 66.52%Internal Services Recovered -$1,229 -$956 -$1,397 -$440 68.47%Capital Contribution $18,598 $9,530 $14,296 $4,765 66.67%
Total Expenditures $89,894 $55,486 $87,940 $32,454 63.10%TransfersTransfers from Reserves -$3,275 -$2,239 -$3,654 -$1,415 61.28%Transfers from Trust -$8 -$5 -$8 -$3 66.71%DC Contribution -$2,602 -$507 -$1,199 -$692 42.29%Transfers to Reserves $787 $1,333 $599 -$734 222.53%
Total Transfers -$5,097 -$1,418 -$4,262 -$2,844 33.28%Total All County Departments $35,835 $22,868 $38,499 $15,631 59.40%
TAX LEVY
Departmental Summary2018
ACTUALAUG 2019 ACTUAL
2019 BUDGET
DOLLAR CHANGE
%AGE CHANGE
Council $470 $424 $560 $366 68.25%Office of CAO $895 $490 #REF! #REF! #REF!Corporate Finance $388 $869 $882 $359 103.34%Corporate Services $1,742 $1,165 $1,970 $1,248 53.77%Health Services $5,266 $3,931 $5,779 $3,327 59.71%Infrastructure and Environment $15,681 $8,963 $16,342 $8,514 59.14%Dufferin Oaks $3,627 $1,483 $3,834 $2,926 32.79%Community Services $6,013 $4,290 $6,547 $3,793 57.29%Plan, Ec Dev and Culture $1,682 $1,253 $1,746 $1,075 62.26%
Total All County Departments $35,763 $22,868 #REF! #REF! #REF!
County of Dufferin - Month over Month Changes
July 31 year to date 21,998,815
RevenuesUser Fees (478,047) Supplemental Taxation 839 Investment Income (70,303) Rent Revenue (304,095) Government Transfers (4,794,201) Other Revenue (498,869)
Total Change in Revenues (6,144,676)
ExpendituresSalaries and Benefits 1,922,622 Administrative and Office 188,595 Debt Repayment 228,389 Service Delivery 3,144,216 IT and Communications 41,689 Facilities 439,776 Vehicles and Equipment 88,471 Internal Services Used 117,036 Internal Services Recovered (120,379)
Capital Contribution 1,191,300
Reserve TransfersTransfers from Reserves/Trust (198,176) DC Contributions (63,399) Transfers to Reserves 34,090 (227,485)
Total Change in Expenditures 7,014,230
Net Change 869,554
August 31 year to date 22,868,369$
Capital Asset Fund, by Type2018
ACTUAL2019
ACTUAL2019
BUDGETOpening Balance -$6,128 -$11,033 -$11,033Contributions
Government Transfers -$3,539 -$1,267 -$2,570Capital Levy -$7,741 -$5,468 -$8,202Other Revenue -$3,016 -$44 -$821Transfers from Reserves -$2,120 -$1,425 -$2,187DC Contribution -$2,194 -$254 -$381
Total Contributions -$18,611 -$8,458 -$14,161Capital Work
Land Improvements $115 $4 $1,018Buildings $3,542 $546 $2,207Equipment & Machinery $617 $300 $1,242Vehicles $1,286 $411 $1,462Roads $6,212 $2,066 $6,479Bridges & Culverts $1,933 $321 $3,072Other $0 $1 $40
Total Capital Work $13,705 $3,649 $15,520Ending Capital Asset Fund Balance -$11,033 -$15,842 -$9,674
Capital Asset Fund, by Dept.2018
ACTUAL2019
ACTUAL2019
BUDGET
General Government Services -$405 -$378 -$368Health Services -$1,067 -$1,292 -$1,194Infrastructure and Environment -$6,577 -$10,633 -$5,700Dufferin Oaks -$2,306 -$2,429 -$1,824Community Services -$718 -$1,100 -$581Plan, Ec Dev and Culture $40 -$10 -$8Total Capital Asset Fund -$11,033 -$15,842 -$9,674
REPORT TO COUNCIL
To: Warden Darren White and Members of County Council
From: Sonya Pritchard, Chief Administrative Officer
Meeting Date: October 10, 2019
Subject: Service Review Report #2
In Support of Strategic Plan Priorities and Objectives: Good Governance – ensure transparency, clear communication, prudent financial management
Purpose
The purpose of this report is to provide an update on the status of the service review project.
Background & Discussion
In July 2019, Council adopted a recommendation to move forward with a comprehensive service review of the following focus areas:
• Shared municipal services/resources• Internal county operations, and• Human/community services
The review is intended to assess what services are provided, how they are provided and by whom to ensure financial sustainability and optimize public value into the future. Council approved moving forward with an RFP process to hire a consulting firm to perform the review. The cost of the consulting services is being covered by funds from the provincial government for the purpose of finding efficiencies and modernizing services.
The proposal document was developed over many weeks and is based on a compilation of proposals from several other municipalities that are also undertaking reviews. The
Service Review Report #2 Page 2 of 3 RFP for consulting services was released on September 20th and closes on October 25th. To date 8 proponents have picked up the bidders package. The proposal document lays out the requirements for an experienced consulting firm to complete the following:
• Investigate and understand the current services and service delivery methods; • Analyze and evaluate current services and delivery methods by:
o Identifying mandatory versus discretionary services o Identifying any duplication/overlap of activities o Identifying any services that have become redundant or irrelevant o Identifying services that are impacted by lack of capacity o Identifying any barriers to making effective and responsive infrastructure and
service delivery decisions • Assess and recommend opportunities to be more efficient and effective in the
sustainable delivery of municipal services by: o Identifying opportunities for more efficient allocation of responsibilities and
resources to address current capacity concerns o Identifying opportunities to reduce operating costs o Identifying additional revenue sources o Identifying opportunities for sharing resources/services o Identifying opportunities to discontinue services that no longer provide public
value The service review will involve numerous stakeholders including County Council, local Councils, County and municipal staff, community service organizations and residents. To ensure sufficient representation and oversight with respect to shared municipal services/resources the work will be directed and reviewed by the local CAOs (or a designate along with other staff as required) and a steering committee consisting of one elected representative from each participating municipality. The review of internal County operations will engage County staff at all levels and the human/community services work will seek input from various community organizations and partners. This project will be completed in three phases:
• Project Initiation and Project Management – a final list of services to be reviewed in each of the focus areas will be confirmed, consultation and communication plans will be developed
• Detailed Service Inventory – service profiles for each service will be completed and provided to each municipality
• Development of Opportunities/Recommendations – analysis of the service profiles with intent of developing recommendations that:
o Improve processes and performance o Adjust service levels (reductions and or enhancements)
Service Review Report #2 Page 3 of 3
o Generate cost avoidance (operating costs and capital investments) o Identify new revenues o Contemplate alternate service delivery o Identify similarities across municipalities and opportunities for sharing
services/resources o Identify new partnerships
The successful proponent will be required at a minimum to present both preliminary findings and the final recommendations to all local Councils and County Council. The RFP document requests bidders to extend the same terms to local municipalities wishing to extend the review of services beyond those identified in the shared services review process. Local municipalities will then have the ability to engage directly with the successful firm for additional work should they desire. Proposals will be evaluated based on a number of criteria including overall understanding of the project, project team experience, methodology, project management and price. Evaluations are schedule to take place on November 4th in a two part process. All proposals will be initially reviewed by the County Senior Management Team to create a short list. Further discussion of the short-listed proponents will include the local CAOs or a designate. A final recommendation will be brought forward to County Council at the November Council meeting. Financial, Staffing, Legal, or IT Considerations The cost of the review will be covered with provincial funding. Staff at all levels of the County organization will be part of the review. Local municipal Councils and staff from all participating municipalities will also be engaged. To date 6 of 8 municipalities have adopted motions indicating their support for the project ad intention to participate. Recommendation THAT the report of the Chief Administrative Officer, dated October 10, 2019, regarding Service Review Report #2 be received. Respectfully Submitted By: Sonya Pritchard, CPA, CMA Chief Administrative Officer
REPORT TO COUNCIL
To: Warden White and Members of Council
From: Sonya Pritchard, Chief Administrative Officer
Meeting Date: October 10, 2019
Subject: Monthly Update from Outside Boards
In Support of Strategic Plan Priorities and Objectives: Good Governance - ensure transparency, clear communication, prudent financial management
Purpose
The purpose of this report is to provide Council with an update of activities from outside boards and agencies.
Background & Discussion
Wellington Dufferin Guelph Health Unit
Representative(s): Councillor Guy Gardhouse and Ralph Manktelow
Meeting date: October 2, 2019
Highlights: The Board received a report “Vaping Facts October 2019: What we know about the health risks of vaping”. While there are no known deaths in Canada, the Middlesex-London Health Unit has reported one case of severe pulmonary illness linked to vaping in a teenager; and Quebec has declared its first case of severe pulmonary illness linked to vaping in a patient in his or her 50s.
Documents attached: Board of Health Agenda – October 2, 2019 Next meeting date: November 6, 2019
Reports from Outside Boards Page 2 of 4
Niagara Escarpment Commission (NEC) Representative(s): Councillor Janet Horner Meeting date: Septemebr 19, 2019 Highlights: The Board was presented a staff report “Proposed Changes to the Provincial Policy Statement 2014”. The purpose of this staff report is to provide comments on the proposed changes to the policies of the Provincial Policy Statement, respond to the questions posed by the Ministry of Municipal Affairs and Housing (MMAH), and to seek endorsement from the NEC to submit the report to the MMAH. Documents attached: NEC Agenda – Septemebr 19, 2019 Next Meeting Date: November 20, 2019 Dufferin Board of Trade (DBOT) Representative(s): Councillor Sandy Brown Highlights: The 2019 Business Excellence Awards Gala will take place on Thursday, October 24th, 2019. The evening gala celebration includes the Chairman’s reception, a three-course dinner, and the presentation of the awards. Documents attached: Business in the County – October, 2019 Headwaters Communities in Action Representative: Warden Darren White Highlights: The Annual General Meeting will be held on October 8, 4:00 pm at the Lord Dufferin Centre. Speakers are: Sandy Brown on Community Building, Lisa Post, Coordinator for Volunteer Dufferin on engaging students, and Dorothy Mazeau on the Golden Girls program for alternative senior living solutions. Next meeting date: October, 2019 Document attached: Meeting report of September 30, 2019
Reports from Outside Boards Page 3 of 4
Western Ontario Wardens’ Caucus (WOWC)
Representative(s): Warden Darren White, Chief Administrative Officer Sonya Pritchard
Next Meeting date: TBD
SWIFT Board of Directors
Representative: Chris Gerrits
A notice from the SWIFT Chair David Mayberry:
The SWIFT Board of Directors is pleased to announce that Barry Field has been appointed the organization’s new Executive Director, effective immediately. Barry has served as SWIFT’s Chief Operating Officer since April 2018 and brings more than two decades of extensive experience in the telecom industry and significant management accomplishment to the executive director role.
His background includes providing executive program management consulting services to telecom operators and vendors, where he was responsible for managing multimillion-dollar projects varying in size. With a proven track of delivering project completion on time and on budget, Barry will continue to be a strong asset to SWIFT in his new leadership role.
As the Executive Director, Barry will be responsible for the leadership and management oversight of SWIFT including operational decisions and will report to SWIFT’s Board of Directors.
Barry’s depth of telecom experience and strong leadership skills, combined with his first-hand knowledge of SWIFT has well-positioned him to guide the initiative to successfully deliver on its mandate. The Board and I look forward to continuing to work closely with Barry and our many partners to improve access to high-speed connectivity across Southwestern Ontario.
Next Meeting date: November 8, 2019 Lambton County
Reports from Outside Boards Page 4 of 4
Recommendation
THAT the report of the Chief Administrative Officer, dated October 10, 2019, with respect to Reports from Outside Boards, be received.
Respectfully Submitted by:
Sonya Pritchard, C.P.A., C.M.A Chief Administrative Officer
1
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the contents to be safe.
October, 2019
Business in the County
In This Issue Hello Sonya, this is what you will find in this issue of Business in the County:
Message From the Chair Maximize Your Membership M2M Discount Highlights Business in Your County
BEA Awards & Gala We are going to Italy! Jobs in Dufferin
New Members Spotlight Federal Election Portal Upcoming Events
2
Message from the Chair
Pete Renshaw, Chair Dufferin Board of Trade
The Dufferin Board of Trade hopes to see you out at our Election Forum tonight. We thank the community for submitting their questions. Rogers will be broadcasting and livestreaming the forum, and we will send out the link closer to the 7pm start time.
With less than 20 days until this year's Federal Election, we invite you to check out our online election portal. The Dufferin Board of Trade is the best source for election updates, information, and for the public to learn more about the candidates running for office in Dufferin County.
Maximize Your Membership
Member to Member Discounts
The Dufferin Board of Trade Member 2 Member Discount program offers discounts from proud DBOT members for their fellow members exclusively! There are 25+ discounts available to members!
View our M2M Discounts
3
Group Savings!
The Dufferin Board of Trade offers many exclusive savings for members; everything from office supplies to shipping rate discounts! Save money with your membership!
View Group Savings
M2M Discount Highlights
Vaultra Self Storage
Shred One Get One
Redeem
Westend Family Chiropractic & Wellness
We offer so much more than the chiropractic adjustment! We have an area for the kids to play that is visible from our treatment area (and their own owl treatment table too!), a wobble chair area that helps mobilize the spine, stretching machine to help stretch those tight muscles, basic exercise equipment and other practitioners such as a Registered Massage Therapists (RMT) to ensure your body is getting all the attention it deserves and more!
Free gift for DBOT Members
Redeem
Business in Your County
4
Business Excellence Award Nominees & Gala
We are pleased to announce the nominees for the 2019 Business Excellence Awards, recognizing outstanding businesses, individuals, and organizations in
Dufferin County.
The 2019 Business Excellence Awards Gala will take place on Thursday, October 24th, 2019. The evening gala celebration includes the Chairman’s reception, a
three-course dinner, and the presentation of the awards.
Register for the Gala
Dufferin Board of Trade Goes to Italy!
Visit Italy’s major highlights - there’s no better way to see the great cities of Italy. This tour will take you to each of these three Italian cities, centre to centre. Enjoy a
walking tour with and expert guide in Rome, Florence and Venice, and learn about history and culture as you marvel at the wonderful architecture. With plenty
of time in each city to explore at your own pace, this is a tour for all type of travellers.
Find out more
Dufferin Board of Trade Job Portal
Jobs In Dufferin
Are you posting your jobs there?
http://jobsindufferin.ca
JMP solutions Evening Shift Supervisor
View Job
Millennium 1 Solutions Customer Service Representative
- Financial Services
View Job
New Members
5
Manax Plumbing, Pump & Water Softeners
Plumbers who specialize in well pumps, pressure systems and water treatment Learn More
Party Safari
Party Safari offers hands-on educational presentations with a variety of exotic critters (reptiles, spiders, amphibians, small mammals, bugs and birds). Great idea for birthday parties, schools, seniors centres, corporate events, camps, club meetings. Learn More
Talk2Me Life Coaching and Counselling
Counselling in-person and online Learn More
Federal Advocacy
2019 Federal Election Forum
The Dufferin Board of Trade is excited to once again be your home for all Dufferin-Caledon Election news. We have launched a dedicated portal where you can find out more about all the candidates running in Dufferin-Caledon. With the support of the Dufferin Federation of Agriculture, we are also carrying on our proud tradition of hosting an election forum with candidates in our riding to ensure that the issues impacting local businesses are front and centre during the election, and to provide the public with the opportunity to engage with and learn more about the candidates seeking their votes.
Visit the 2019 Federal Election Portal
Upcoming Events
Federal Election Forum 2019 October 1st, 2019
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The election forum will be held in the evening on October 1st at Orangeville District Secondary School. This event will give local representatives of each party the chance to inform the public on what their goals are for the upcoming 4 years, if they were to be elected into parliament. Thanks to Rogers, the forum will be broadcasted and live streamed online. We will send out the link details on the night of the forum. More Info
DWIB - How to deal with Difficult People October 16th, 2019 From co-workers, clients and colleagues to friends and family, we are faced with challenging relationships daily. Join us for networking and discussion about dealing with difficult relationships that affect your business. More Info
Skilled Trades Employer Focus Group October 21st, 2019 The Workforce Planning Board has been funded by the Ministry of Training, Colleges and Universities to do an in-depth research study on local in-demand skilled trades and apprenticeships. This In-Demand Skilled Trades Project aims to add local perspectives to the understanding of the labour market conditions for the skilled trades in Ontario as it is being conducted simultaneously by all 26 planning boards across the province. More Info
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We Manage Change, We Deliver Quality Service, We Communicate, We Make Good Decisions
REPORT TO COUNCIL
Headwaters Communities in Action Representative: Warden Darren White Meeting report of September 30 2019
Primary Activities: HCIA Admin:
• Final plans in place for the Annual General Meeting on October 8, 4:00 pm at the Lord Dufferin Centre. Speakers are: Sandy Brown on Community Building, Lisa Post, Coordinator for Volunteer Dufferin on engaging students, and Dorothy Mazeau on the Golden Girls program for alternative senior living solutions. Attendees will be packing a Farm to School food bag with recipe to either purchase to take home, or donate to the Food Bank.
County Granting Process • The recommendations for the 2020 granting cycle have been submitted. We are
awaiting finalization of the 2020 budget to move ahead with the granting process for the upcoming Community Grants year.
Project Reports: DC MOVES: • Strategic Planning Workshop, co designed and customized to DC, facilitated by
Capacity Canada booked for October 24, 8:30 to 12 , registration is now underway. Identified need under the Resource Sharing pillar by DC MOVES members.
• DCEC Impact Report in development to be available to share with County Committees and Council in 4th quarter
• Coordinating website updates for DCEC and DC MOVES• Matthew Tenenbaum new Public Health representative welcomed to his first
Leadership Team meeting• SENCO – working with local Social Enterprise team pursuing Social Procurement
for DC, and support for creating employment through Social Enterprise businesses.
• Conducted onsite Farm visit to finalized Forum details, September 19th 12:30 to 4PM at Fiddlehead Care Farm, registration open, includes outdoor experiential component. Presenters include Dave Pearson – Hills of Headwaters ON Health Team, Anna Vanderlaan/Lindsay Favotto - Public Health ACEs update, Althea Casamento – Choices Youth Shelter
Reports from Outside Boards Page 2 of 2
We Manage Change, We Deliver Quality Service, We Communicate, We Make Good Decisions
• A few website changes are approved and have just gone live which will lead toease of navigation for students looking for community service hours
• Attended ODSS for Orlando Bowen presentation and had an impromptumeeting with the principal and Jennifer Coleman to discuss opportunities forcollaboration
• Social Media Strategy delivering very well – engagement is growing on allHFFA: platforms• The first HFFA quarterly meeting of the fall will take place on October 4 at Public
Health in Orangeville. Monthly newsletter will continue with linkages toHeadwaters Food Charter and updates of food system activity.
Farm to School (F2S): • Planning started for Monthly Food Club which will be executed 3 times this
school year with current funding. Farm to School benefited from a verysuccessful Farm to Table dinner series over the summer. Surplus funds gainedvia the Dinner series will result in the scheduling of Farm to School learningevents with schools that have identified support.
Dufferin Community Foundation: • The Foundation held its annual celebration and mini grant event at Adamo
Winery on Sunday September 29. This event was a ticketed one indicating thenext phase in DCF fundraising.
CHATT/Trails: • CHATT is investigating opportunities to partner and move ahead with a
Dufferin centric Trails group and project base.
Volunteer Dufferin:
frtrUNo ffiSeptember 25'n, 20 l9
-Hon. Doug Downey
Ministry of the Attorney General
McMurtry-Scott Building
720 Bay Street, I lth Floor
Toronto, ONM7A 2S9
RE: Justices of the Peace
Dear Attorney General Downey,
Please be advised that during their Council Meeting on September 24,201 9, Town of MonoCouncil discussed the current shortage of Justices of the Peace in the Province. The followingresolution was approved:
Resolution # I 0- I 8-20 I 9
Moved by John Creelman, Seconded by Rolph Monktelow
WHEREAS POA court currently conyenes twice o week in Orangeville;
AND WHEREAS two sittings a week ore needed to effeaively oddress case volume;
AND WHEREAS we are told up to 32% of those court sitting days in Orongeville may be lost in
2020 due to a shortoge ofiustices of the peace;
AND WHEREAS,t is estimoted there ore currently over 30 unfilled justice of the peace
voconcies province wide with probobly half agoin os many retirements expected;
THEREFORE BE IT RESOIyED thot Mono and other municipolities urge the Province tooppoint qualified persons os,/ustices of the Peoce os soon os possib/e following the currentrigorous vetting process so they con be trained ond ossrgned to courts otherwise threatenedwith closure due to judicialshortoges;
AND fHAf this motion be circuloted to oll Dufferin municipalities for their considerotion, MPP
Sylvio Jones, Attorney Generol Doug Downey ond the Hon. Paul Currie, RegionalseniorJustice -Centrol West Judicial District. "Carried"
P: 5 19.941 .3599F: 519.941.9490
E: [email protected]: townofmono.com
347209 Mono Centre RoadMono, ON L9W 653
We would hope that this matter can be resolved as soon as possible to minimize theimpact on local court functions.
Yours truly,TOWN OF MONO
Mark Early
CAO/Clerk
Copies (By Email):
Sylvia Jones, MPP and Solicitor GeneralHon. Paul Currie, Regional Senior Justice - Central West Judicial DistrictClerks, Dufferin County Municipalities
P:519.941.3599F:519.941.9490
E: info@townofrno no.co mW: townofmono.com
347209 Mono Centre RoadMono, ON LgW 653
CORPORATION OF THE COUNTY OF DUFFERIN
BY-LAW NUMBER 2019-44
A BY-LAW TO APPROVE AN AGREEMENT BETWEEN THE CORPORATION OF THE COUNTY OF DUFFERIN AND WSP CANADA GROUP LTD. (Municipal Comprehensive Review)
BE IT ENACTED BY THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF DUFFERIN AS FOLLOWS:
1. That the Agreement between the Corporation of the County of Dufferin and the WSP Canada group Ltd., in a form substantially the same as attached hereto as Schedule “A” be approved.
2. That the Warden and Clerk be hereby authorized to execute the agreement and affix the corporate seal thereto.
3. That the staff of the County of Dufferin is hereby authorized to take such actions as are appropriate, and the Warden and Clerk are hereby authorized to execute such documents as are appropriate to implement the agreement referred to herein.
READ a first, second and third time and finally passed this 10th day of October, 2019. Darren White, Warden Pam Hillock, Clerk
Consultant Agreement
CONSULTANT AGREEMENT
Entered into in Markham, Province of Ontario, on the effective date of September-6-2019 (the "Agreement").
AMONG: Dufferin County, a duly incorporated corporation, having its head office at 55 Zina Street, Orangeville, Ontario L9W 1 E5, represented by Darrell Keenie, who declares being duly authorized to act herein.
(herein referred to as the "Client")
AND:
WSP Canada Group Ltd., a duly incorporated corporation, having its head office at 100 Commerce Valley Drive West, Thornhill, Ontario, L3T OA 1, represented by Chris Tyrrell, who declares being duly authorized to act herein.
(herein referred to as the "Consultant")
(The Client and the Consultant referred to individually as a "Party" or collectively as the "Parties")
THE PARTIES MAKE THE FOLLOWING PRELIMINARY STATEMENTS:
A. The Client wishes to review and update the Dufferin County Official Plan at Dufferin County, Canada (the"Project").
B. The Client desires to retain the Consultant to provide to the Client the professional services described inSchedule B (the "Services").
C. The Consultant is a corporation specializing in the field of Municipal Planning and agrees to providing theServices to the Client.
In consideration of the mutual promises contained herein and other good and sufficient consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows:
1 DEFINITIONS AND INTERPRETATION
1.1 Definitions. In this Agreement, unless the context indicates a different meaning:
(a) "Affiliate" shall have the meaning given to that term in the Canada Business CorporationsAct or any replacement or supplemental Law in effect from time to time, which meaningshall, mutatis mutandis, apply to partnerships, general partnerships and limitedpartnerships;
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(b) "Change" means any alterations, amendment, additions, reductions or other changes inthe Services initially provided for in the Agreement, either by a Change Order or a ChangeDirective;
(c) "Change Directive" means a written instruction signed by the Client directing theConsultant to proceed with a Change in the Services, prior to the Parties agreeing on anadjustment in the Agreement Price and/or the Time Schedule (if such adjustment isnecessary};
(d) "Change Order" means a written amendment to this Agreement signed by both Partiesagreeing on a Change in the Services, an adjustment in the Contract Price and/or the TimeSchedule;
(e) "Contract Price" means the amount payable to the Consultant set forth in Schedule A. Theamount payable shall be fixed and firm, unless otherwise provided in Schedule A. TheContract Price may only be modified in accordance with Section 7 (Changes};
(f} "Deliverables" means all those things that have been or are to be conceived, developedand delivered to the Client in the course of the execution of this Agreement or otherwise inconnection with the Project or the Services, including without limitation, all drawings, plans,models, designs, specifications, reports, photographs, computer software, surveys,calculations and other data, including computer print outs, in any material form and supportwhatsoever, prepared, procured or provided by or on behalf of the Consultant;
(g) "Force Majeure" means an event beyond the control of the Parties, which materiallyprevents a Party from complying with any of its obligations under this Agreement, and couldnot reasonably have been foreseen or provided against, including but not limited to an actof God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves andfloods), war, hostilities (whether war be declared or not), invasion, act of foreign enemies,mobilisation, requisition, or embargo, rebellion, revolution, insurrection, or military orusurped power, or civil war, contamination by radio-activity from any nuclear fuel, or fromany nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or otherhazardous properties of any explosive nuclear assembly or nuclear component of suchassembly, riot, commotion, or disorder or acts or threats of terrorism, but does not includegeneral economic or other conditions affecting financial markets generally;
(h) "Law" or "Laws" means collectively all valid applicable common law, federal, provincial andmunicipal and other local laws, orders, rules, regulations and decisions of regulatorybodies, including, occupational health and safety, fire, employment insurance, workers'compensation, environmental protection legislation, building codes, anti-bribery law orinternational convention, as may apply now or in the future and any other governmentalrequirements, work practices and procedures prescribed by law and related to the Projector the Services;
(i) "Place of the Work" means the designated site or location of where the Services areperformed;
(j) "Reimbursable Expenses" means those expenses that are identified in Schedule A of thisAgreement and which are payable by the Client to the Consultant;
(k) "Services Commencement Date" means the date as set out in Schedule C; and
(I) Time Schedule" means the time schedule for performing the Services and delivering theDeliverables, as set out in Schedule C.
1.2 Schedules. The Schedules referenced in this Agreement shall be deemed to form an integral part hereof.
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2 INTERPRETATION
2.1 Interpretation. The interpretation of this Agreement shall be governed by the following rules:
(a) Headings contained in this Agreement are for convenience and reference only and are notto be considered in the interpretation of, or affect the meaning of any of its provisions;
(b) Words importing the singular only also include the plural and vice versa where the contextrequires; and
(c) All dollar figures shall mean Canadian Dollars, unless otherwise specifically referenced.
2.2 Precedence. If there is a conflict or inconsistency among or between the documents comprising this Agreement, the order of priority of the documents which make up this Agreement, from the highest to the lowest, shall be:
(a) This Agreement;
(b) The Schedules to this Agreement; and
(c) If any, the other attachments to this Agreement.
3 CONSULTANT OBLIGATIONS
3.1 Execution of Services. The Consultant shall provide the Services in accordance with this Agreement.
3.2 Schedule and Completion. The Consultant shall perform the Services and submit the Deliverables as set out in Schedule C.
Should the Consultant determine that the Time Schedule will not be met for any reason, the Consultant shall so notify the Client without delay and the Parties shall forthwith discuss in good faith to find a mutually acceptable solution.
3.3 Standard of Care. Services provided by the Consultant under this Agreement shall be performed in a manner consistent with that degree of care, skill and diligence normally provided by members of the same profession performing the same or comparable services in respect of projects of a similar nature in similar circumstances.
3.4 Deliverables. The Consultant shall prepare, issue and submit for review to the Client, all Deliverables within the Time Schedule. If and when applicable, Deliverables shall be stamped by a licensed professional engineer duly authorized and licensed to work in the jurisdiction of the Project. Unless otherwise agreed to by the Parties, all Deliverables and other documents produced hereunder shall be in English.
3.5 Laws and Regulations. The Consultant shall comply in all respects with the provisions of all Laws applicable to the Services.
3.6 Representation. The Consultant represents that the Services provided in connection with the Project shall be in conformity with the requirements of this Agreement. If at any time during the performance of the Services or thereafter the Client notifies the Consultant of any non-conforming Services, the Consultant, at its own costs, shall promptly correct such Services. The Client and the Consultant shall agree upon a schedule for the Consultant's re-performance of its Services, which shall allow the Consultant to complete the corrective services within a reasonable period of time.
3.7 Occupational Health and Safety. The Consultant shall take all necessary precautions for the health and safety of its employees, consultants, agents and other persons under the Consultant's responsibility or control. The Consultant shall comply with all applicable occupational health and safety legislation as well as with all safety precautions and programs of the Client. The Consultant shall coordinate its actions with those of the Client and others, as applicable, but the Consultant
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shall remain responsible for independently evaluating the risks specifically related to the Services and take such additional safeguards as appropriate. The Client retains the right to review the Consultant's health and safety plan in order to monitor the Consultant's compliance.
4 CLIENT OBLIGATIONS
4.1 Duty to Answer. The Client shall forthwith consider any requests made by the Consultant in connection with this Agreement, including, without limitation, as it relates to information, directions or decisions and answer to such request within a reasonable period of time so as to avoid delaying the pertormance of the Services.
4.2 Duty of Information. The Client shall make available to the Consultant any and all information and data relating to the Project that is required by the Consultant in connection with the performance of the Services.
4.3 Permits and Other Authorizations. The Client shall obtain and pay for all permits, licences, authorizations and approvals required by federal, provincial, municipal or other authority and satisfy any other conditions necessary or desirable for the execution of the Services.
4.4 Exclusive Use by Client. Reports, opinions, findings, recommendations, including expert testimony, or other documents prepared under this Agreement are prepared for the exclusive use of the Client identified as the intended recipient. The Consultant accepts no responsibility for damages, if any, suffered by any third party as a result of decisions made or actions taken based on these documents. The Consultant is not responsible for the use of, or reliance on, these documents by any other party without the written consent of the Consultant.
In the event that the Client wishes to provide a third party with a document prepared under this Agreement, the Consultant may, at its sole discretion, provide a reliance letter on its own terms.
5 PAYMENT
5.1 Invoicing & Payment. The Consultant shall submit its invoice to the Client, on a monthly basis for Services periormed during the immediate preceding month, together with such information and supporting documentation.
The Client shall pay the full amount invoiced to the Consultant within thirty (30) days of receipt thereof. The acceptance by the Consultant of the final payment under this Agreement shall not operate as a release to the Client for all claims and liability to the Consultant, its representatives, subcontractors, suppliers, and assigns for any additional compensation or payment relating to any and all things done or furnished relating to the Services rendered by the Consultant.
5.2 Disputed Invoice. The Client shall notify the Consultant in writing if any portion of an invoice is disputed within ten (10) days following the receipt of the invoice. The failure to notify the Consultant of the existence of disputed amounts within the aforementioned time period shall be deemed an acceptance of the amounts shown in said invoice.
5.3 Taxes. The Client is fully responsible for the payment of any and all sales, use, transfer or similar taxes in connection with the Services including, for more certainty, the federal goods and services tax, the harmonized sales tax and the Quebec sales tax, as the case may be.
5.4 Interest. Any amounts outstanding thirty (30) days from the date of an invoice shall bear interest at a rate of one percent (1 %) per month, compounded annually or twelve percent (12 %) per annum.
5.5 Disbursements. Disbursements will be billed at cost plus a five percent (5 %) administrative charge.
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5.6 Suspension of Services. If any invoice submitted by the Consultant remains unpaid by the Client for forty-five (45) days or more from the date the invoice was submitted, then the Consultant may give seven (7) days' written notice to the Client that the Consultant will suspend Services. The Client shall not have any claim whatsoever against the Consultant for any loss, cost, damage, or expense incurred or anticipated to be incurred by the Client as a result of the suspended Services.
6 OWNERSHIP OF DELIVERABLES AND INTELLECTUAL PROPERTY RIGHTS
6.1 Intellectual Property Rights. All intellectual property, including any Deliverables, data, information, reports, drawings, calculations, renderings, plans, specifications, memoranda or other documents, test data, financial information, calibration records, survey results, photographs, renderings, sketches, models, written works of authorship, regardless of format and all other items used or developed as a part of the Services (the "Data"), including under copyright, patent or industrial design laws (collectively, the "Intellectual Property"), remain with the Consultant whether or not such Intellectual Property was developed or used in the context of the Project.
6.2 Client's Rights Regarding Data. To the extent any part of the Data was delivered to the Client pursuant to the terms of this Agreement, the Client has the right to keep a copy of such Data and Deliverables, it being understood that the foregoing shall not be construed as the Consultant granting any right of ownership on to such Data and Deliverables in favour of the Client.
7 FORCE MAJEURE
7.1 Delays Caused by Force Majeure. A Party shall not be liable for any failure of or delay in the performance of this Agreement by reason of an event of Force Majeure. Where there is an event of Force Majeure, the Party prevented from or delayed in performing its obligations under this Agreement must immediately notify the other Party giving full particulars of the event of Force Majeure and the reasons for the event of Force Majeure preventing that Party from, or delaying that Party in performing its obligations under this Agreement and that Party must take all reasonable precautions, due care and reasonable alternative measures to mitigate the effect of the event of Force Majeure upon its performance of the Services.
7.2 Recommencement of Obligations. Upon completion of the event of Force Majeure the Party affected must as soon as reasonably practfcable recommence the performance of its obligations under this Agreement. The Consultant must provide a revised programme rescheduling the works to minimise the effects of the prevention or delay caused by the event of Force Majeure.
7.3 Continuing Obligations. An event of Force Majeure does not relieve a Party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event.
7.4 Additional Time. In the event that a Party is unable to perform its obligations due to an event of Force Majeure, the affected Party shall benefit from an additional period equal to the time during which such Party was unable to perform such obligations as a result of Force Majeure.
8 CHANGES
8.1 Change Order. Upon the Client's request for a Change, the Consultant shall promptly provide the Client with a written Change Order proposal respecting all aspects of the Change, including the scope of the Change, the amount of the adjustment in the Contract Price and progress payments, if any and the effect on the Time Schedule, if any. If the Parties agree on all aspects of the Change for which a Change Order proposal is made, they shall execute a written Change.
The Change Order is effective when agreed to and signed by the Parties. The Consultant shall carry out such Change Order as well as its obligations under the Agreement and continues to be bound by all the provisions of the Agreement.
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The Consultant shall only be entitled to additional compensation and, to the extent provided in a Change Order, extension of time for Services forming part of a Change.
8.2 Change Directive. If the Client requires the Consultant to proceed with a Change before the Consultant agrees to a Change Order, or if the Parties are unable to agree on a Change Order proposal, the Client may issue a Change Directive. Upon receipt of a Change Directive, the Consultant shall promptly carry out the Change specified in the Change Directive.
If the Consultant believes that a Change Directive will increase or decrease the Contract Price or affect the Time Schedule or the performance of a warranty, covenant or obligation, the Consultant shall, within five (5) days of receipt such Change Directive or before carrying out the Change, whichever is earlier, give written notice of its concerns and anticipated impacts to the Client.
8.3 Change Required by the Consultant. The Consultant shall not make any Change to the Services unless having obtained prior approval from the Client.
For a Change that results from circumstances that were totally unforeseeable at the time of the signature of the Agreement, the Consultant may submit to the Client a request for an adjustment in the Contract Price, Time Schedule or any other condition of the Agreement. Any such request shall (i) be made in writing within fifteen (15) days after the occurrence of the event giving rise to the request for adjustments, and (ii) contain explanation regarding the basis for the adjustment requested and include realistic estimates, an explanation of the methods of calculation and information on the relevant costs and quantities of materials or additional labour.
The Client shall consent in writing to any written request for adjustments submitted by the Consultant by issuing a Change Order. Regardless of the Client's position regarding a request for adjustments, the Consultant must continue to meet its obligations for the duration of the Agreement. For clarity, in the absence of the Client's written consent, the Consultant's request for adjustments in the Contract Price shall be deemed to have been accepted.
8.4 Change without the Client consent. The Consultant shall not make any Change, regardless of the reason, without first receiving a duly executed Change Order or Change Directive from the Client, failing which the Consultant shall assume the entire risks, costs and expenses related to the Changes.
8.5 Incorporation into the Agreement. The Changes are incorporated into the Agreement once a Change Order or Change Directive is made in writing and duly signed by the Parties in the case of a Change Order, and in the case of a Change Directive, once signed by the Client and delivered to the Consultant.
9 CONSULTANT EVENTS OF DEFAULT
9.1 Consultant Default. The Consultant shall be in default of its obligations pursuant to this Agreement upon the occurrence of any one or more events of default set forth below (each, a "Consultant Event of Default"):
(a) The Consultant fails to commence the Services on the Services Commencement Date orsuspends the progress of the Services or fails to perform the Services or any part thereofwithin the scheduled dates set out in Schedule C, except where the Consultant as the rightto suspend the Services pursuant to this Agreement;
(b) The Consultant defaults of any of its obligation under the Agreement and fails to remedysuch default to the satisfaction of the Client, acting reasonably, within the time period statedin a written notice from the Client specifying the default, which period shall be reasonable;
(c) The Consultant proceeds to wind up all or most of all its assets outside the normal courseof its business, permanently ceases all or substantially all of its activities, becomesbankrupt or insolvent, or makes an assignment for the benefit of its creditors in general, or
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is unable to pay its debts as they become due, or if a receiver, liquidator, official or interim receiver is appointed with respect to its property or part of its property, or commits an act of bankruptcy; or
(d) . The Consultant fails to correct the Services rejected by the Client within the time periodstated in a written notice to this effect, which period shall be reasonable.
10 SUSPENSION OR TERMINATION
10.1 Termination for Default of Consultant. Upon the occurrence of any Consultant Event of Default, the Client shall notify the Consultant that the default must be corrected. If the Consultant fails to correct the default within thirty (30) calendar days after receipt of such notice or, where the default is not susceptible of being corrected within such time, if the Consultant fails to provide a corrective measures plan acceptable to the Client within thirty (30) calendar days, the Client may terminate this Agreement by written notice to the Consultant. Upon such termination, the Client may, without prejudice to all its other remedies, take possession of the Services, including, whether completed or in progress, all Deliverables in order to have the Services completed by a third party.
10.2 Termination for Default of Client. Should the Client be in default of its obligations pursuant to this Agreement, the Consultant shall notify the Client that the default must be corrected. lf the Client fails to correct the default within fifteen (15) calendar days after receipt of such notice or, where the default is not susceptible of being corrected within such time, the Client fails to provide a corrective measures plan acceptable to the Consultant within fifteen (15) calendar days, the Consultant may terminate this Agreement by written notice to the Client. Upon such termination, the Client shall pay to the Consultant the portion of the Contract Price due to the Consultant for Services effectively completed up to the date of termination and all Reimbursable Expenses (which shall, for more certainty, include all fees payable by the Consultant to third parties in connection with the early termination of their contractual arrangements with the Consultant) incurred by the Consultant up to the said date. For more certainty, the payment by the Client of the sums provided in this Subsection 10.2 shall not operate as a waiver of any further claim that the Consultant may have against the Client for the termination of the Agreement or otherwise.
11 SURVIVAL OF OBLIGATIONS
11.1 Survival. The end of this Agreement shall not terminate any provision which, implicitly or explicitly, shall remain in force including, without limiting the generality hereof, Sections 6 (Ownership of Deliverables and Intellectual Property Rights), 12 (Liability and Indemnification), 14 (NonSolicitation), 15 (Confidentiality), 16 (Dispute Resolution), 17.3 (Governing Law) and 17.4 (Forum).
12 LIABILITY AND INDEMNIFICATION
12.1 Indemnification by the Consultant. The Consultant agrees to indemnify the Client, its principals, employees, directors, officers and agents from and against all claims, actions, losses, expenses, costs or damages which the Client, its principals, employees, dlrectors, officers, or agents may suffer, sustain, or incur arising from any negligent or faulty acts or omissions of the Consultant or anyone for whom the Consultant is responsible.
Notwithstanding anything hereunder to the contrary, the Consultant shall not have any liability whatsoever to the Client for:
(a} any indirect, consequential, special, incidental, exemplary or punitive damages or similar damages or losses including, without limitation, for any loss of opportunity, revenue, sales or profits, regardless of whether arising from breach of contract, warranty, tort (including negligence), strict liability, statutory liability or otherwise, even if such party is advised of the possibility of such damage or loss or if such loss or damage could have been reasonably foreseen;
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(b) the failure of a contractor, retained by the Client, to perform the work required in the Project,nor shall the Consultant be responsible for job site safety or construction means andmethods;
{c} the design of or defects in equipment supplied or provided by the Client for incorporationinto the Project;
{d) any cross-contamination resulting from subsurface investigations;
(e) any advice on any matter given by an independent third party, even if such third party'sadvice was requested on the recommendation of the Consultant:
(f) any default affecting goods that were recommended by the Consultant;
(g) any damage to subsurface structures and utilities which were identified and located by theClient, or by the Client's other consultants or contractors:
(h) any Project decisions made by the Client, if the decisions were made without the advice ofthe Consultant, or contrary to or inconsistent with the Consultant's advice;
(i) the unauthorized distribution of any confidential document or report prepared by or onbehalf of the Consultant for the exclusive use of the Client: or
{j) claims for damages for bodily injury, including death which is actually or allegedly, in wholeor in part, directly or indirectly, caused by, based upon or in any way involving asbestos orany material derived therefrom in whatever form or quantity.
12.2 Indemnification by the Client. The Client agrees to defend, indemnify and hold the Consultant, its principals, employees, directors, officers and agents harmless from and against all claims, actions, losses, expenses, costs or damages of every nature and kind whatsoever which the Consultant, its principals, employees, directors, officers, or agents may suffer, sustain, or incur arising from:
(a) claims of third parties in relation to the Project;
{b) any negligent or faulty acts or omissions of the Client or anyone for whom the Client is responsible; or
(c) any breach of the Client's obligations under this Agreement.
12.3 Limit of Liability. Notwithstanding the foregoing, the Client acknowledges and agrees that the liability of the Consultant, its affiliates and their respective employees, officers, directors, agents, consultants and subcontractors under this Agreement, whether in contract, tort or otherwise, shall in no event exceed the total fees received by the Consultant under this Agreement.
12.4 Limitation Period. Notwithstanding any other provision of this Agreement, no claim may be brought against the Consultant in contract or in tort, more than one (1) year after the Services were completed or terminated under this Agreement. The Client waives any and all rights, remedies, and claims that it may have against the Consultant, its principals, employees, directors, officers, or agents whether at law, under any statute or in equity or otherwise, directly or indirectly, relating to the performance of this Agreement to the extent limited by this Section 12.
13 INSURANCE
13.1 Coverage. The Consultant shall carry and continuously maintain the following insurance:
{a) such coverage as required by the applicable Workers' Compensation legislation;
(b} commercial general liability insurance with a minimum occurrence and aggregate limit of not less than Two Million ($2,000,000.00) Dollars; and
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(c} professional liability (errors and omissions) insurance in an amount not less than Two Million ($2,000,000) Dollars per claim and as an annual aggregate, throughout the term of this Agreement and for a period of three (3) years thereafter.
13.2 Notice of Insurance Claim. Each Party shall forthwith give to the other Party any and all information relating to events and circumstances that may result in a claim pursuant to any insurance coverage maintained by the Consultant pursuant to this Agreement. The Parties agree to collaborate with each other in a commercially reasonable manner in connection with any such insurance claim.
14 NON-SOLICITATION
14.1 Unless otherwise agreed to in writing, the Client, during the term of this Agreement and for an additional six (6) month period, undertakes and binds itself not to, directly or indirectly, alone or through an intermediary, in association with any third party, for its own benefit or on behalf of a third party, for any reason, solicit or assist in the solicitation of an employee of the Consultant who is assigned to the provision of Services for the purpose of offering him/her an employment, a participation or a form of partnership, or to convince an employee of the Consultant involved in the Services to terminate his/her employment relationship, under risk of penalty equal to twelve (12) months of each solicited employee's gross salary. Nothing in this Subsection 14.1 shall apply if the employee is hired in response to a public advertisement or general solicitation disseminated by the Client.
15 CONFIDENTIALITY
15.1 Confidential Information. The information of one Party (the "Disclosing Party") brought to the attention of another Party (the "Receiving Party"), whether such information is identified as being confidentiaf or proprietary (the "Confidential Information"), must be treated by the Receiving Party in a strictly confidential manner during the term of this Agreement and for an additional twenty-four (24) month period. The Receiving Party agrees to take appropriate action so that its employees,agents, Affiliates, subsidiaries, associated companies, subcontractors and entire staff abide by theconfidentiality obligations described herein. The Receiving Party which breaches the provisions ofthis Section shall be liable towards the Disclosing Party for damages arising out of its defauft. Theconfidentiality obligations shall not apply to any information which (i) is generally available to andknown by the public {other than as a result of improper disclosure by the Receiving Party, (ii) isavailable to (or in the possession of) the Receiving Party on a non-confidential basis, provided thatthe source of such information was not known by the Receiving Party to be bound by aconfidentiality obligation to the Disclosing Party, (iii) must be disclosed pursuant to an order or finaldirective of a court or government agency in authority, or in accordance with the Law.
15.2 Disclosure. In such case, the Receiving Party which is required to disclose information shall, as soon as possible after receiving said order or directive, or upon becoming aware of its legal obligation of disclosure, notify the Disclosing Party in writing that it is required to make such disclosure.
15.3 Liability for Breach of Confidentiality Obligation. Without limitation and in addition to any other rights or remedies each Party may have, each Party acknowledges that it shall be liable to and shall indemnify and hold harmless the other Party and its Affiliates and the Client from any claims brought against or suffered, sustained, paid or incurred by the other Party or its Affiliates resulting from a breach of this Section 15.
15.4 Right to Injunction. Each Party acknowledges that a breach of any of the undertakings or provisions contained in this Section 15 may cause the other party to suffer irreparable harm. In addition to claiming damages or an indemnity, the affected party shall be entitled to any injunctive relief and specific performance and the other party consents to any such injunctive relief and
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specific performance. The foregoing rights shall be cumulative and shall be in addition to any other remedies which may be available to the concerned Party.
16 DISPUTE RESOLUTION
16.1 Process. Any dispute or disagreement arising out of or relating to this Agreement or arising from its interpretation or application shall be dealt with in accordance with the dispute resolution mechanism described below and shall be conducted on a confidential basis. In the event of a dispute, a written notice by either Party to the other shall set in motion the formal dispute resolution mechanism. The notice of dispute shall provide all details reasonable available regarding the matter that is subject of the dispute. Upon receipt of a notice of dispute, the Parties agree to resolve the dispute in the following order:
(a) through amicable negotiations between the representatives each Party;
(b) before the courts in the judicial district where the Services are rendered.
17 MISCELLANEOUS PROVISIONS
17 .1 Good Faith. The Parties endeavor to use reasonable diligence as well as good faith in their performance of this Agreement.
17.2 R&D Incentives. Should any portion of the Services and Deliverables performed by Consultant be eligible for the Scientific Research and Experimental Development Tax Incentive Program (as such program is defined by the Canada Revenue Agency) or any other equivalent tax credit or grant program which may be awarded in Canada, Consultant retains the exclusive right to claim such incentive, tax credit or grant.
17.3 Governing Law. This Agreement shall be interpreted pursuant to, governed by and construed under the Laws of the Province of the Place of the Work and the federal Laws of Canada applicable therein, without regard to the principles of conflict of laws. The Parties agree, subject to Section 16, to accept and submit to the exclusive jurisdiction of the courts of the Province of the Place of the Work, to the exclusion of the courts of any other Province.
17.4 Forum. The Parties waive any objection based on venue or forum non convenienswith respect to any claim or other disputes arising under this Agreement or in any way connected to or related to or incidental to the dealings of the Consultant and the Client in respect of this Agreement or any related transactions, in each case whether now existing or hereafter arising and whether in contract, tort, civil liability, or other legal theories or specific statutes.
Notice. Any notice required or which may be given under this Agreement is sufficient if in writing and sent in a way that allows the sending Party to prove that such notice was actually delivered to the address or to the fax number of each receiving Party or to any other address, fax number or email address set out below. Notices and other forms of communication are deemed received from the time of their delivery, if delivered by messenger, on the date of the acknowledgement of receipt, if delivered by mail, on the date received, if sent by fax, on the date stated on the transmission slip, and on the transmittal date in the case of an email sent to a valid email address specified below:
{a) · if to the Client at:
55 Zina Street, Orangeville, Ontario L9W 1 ES
Attention of Darrell Keenie Telephone: 519-941-1114 Facsimile: n/a Email: [email protected]
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(b) if to the Consultant at:
100 Commerce Valley Drive West, Thornhill, Ontario L3T 0A1
Attention of Chris TyrrellTelephone: 905-882-7303Facsimile: 905-882-0055Email: [email protected]
17 .5 Assignment. Neither Party shall assign or subcontract any part of this Agreement, including the Services, nor any rights or obligations herein without the prior written consent of the other Party. In the event this Agreement is assigned or subcontracted with the consent of a Party, the assignor shall remain responsible to the non-assigning Party for the proper performance of the assignee's obligations under this Agreement.
17.6 Entire Agreement and Amendments. This Agreement contains the entire understanding of the Parties with respect to the subject matter hereof. There are no other oral understandings, terms or conditions and neither Party has relied upon any representation, express or implied, not contained in this Agreement or the other documents mentioned herein. No change, amendment or modification to this Agreement shall be valid or binding upon the Parties hereto unless such change, amendment or modification is made in writing and duly executed by both Parties hereto.
17.7 No Waiver. Any failure of any Party to enforce any of the provisions of this Agreement or to require compliance with any of its terms at any time during the term of this Agreement shall in no way affect the validity of this Agreement, or any part hereof, and shall not be deemed a waiver of the right of such Party thereafter to enforce such provisions or require compliance with such terms.
17.8 Severability. If any term, covenant or condition of this Agreement, to any extent, is held to be invalid or unenforceable, the remainder of this shall not be affected and each remaining term, covenant or condition of this Agreement shall be separately valid and shall be enforceable to the fullest extent permitted by Law.
17.9 Adverse Rule of Construction Not to Apply. The words in this Agreement shall bear their natural or defined meaning. The Parties have each had full opportunity of obtaining legal advice and accordingly any rule of construction to the effect that any ambiguity is to be resolved against the drafting Party shall not be applicable in the interpretation of this Agreement.
17.10 Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available hereunder shall be in addition to and not a substitution to any duties, obligations, rights and remedies otherwise available by Law.
17 .11 Further Assurances. Each Party agrees to provide such information, execute and deliver any instruments and documents and to take such other actions as may be necessary or reasonably requested by the other Party which are not inconsistent with the provisions of this Agreement and which do not involve the assumptions of obligations other than those provided for in this Agreement, in order to give full effect to this Agreement and to carry out the intent of this Agreement.
17.12 No Joint Venture. Nothing contained in this Agreement shall be construed as constituting a joint venture or partnership between the Client and the Consultant. The relationship between the Client and the Consultant is that of an independent contractor and a client, respectively, and under no circumstances shall either Party be deemed agents or representatives of the other Party. Neither Party shall have the right to enter into any contracts or commitments in the name of or on behalf of the other Party in any respect whatsoever. In addition, neither Party shall hold itself out to anyone, or otherwise represent, that it has any such authority vis-a-vis the other Party.
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17.13 Language Clause. This Agreement and all documents and notices relating thereto have been drawn up in English at the express request of the Parties. Le present contrat ainsi que tous /es documents et avis y afferent ont ete rediges en anglais a fa demande des parties.
IN WITNESS WHEREOF the Parties have signed this Agreement at the place and on the date first hereinabove mentioned.
Name : Darrell Keenie
Title: Director Planning, Economic Landscape Development and Culture
_______________________________________ __________________________________________Name: Darren White Name: Pam HillockTitle: Warden, Dufferin County Title: County Clerk
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SCHEDULE A CONTRACT PRICE AND REIMBURSABLE EXPENSES
Contract Price:
$521,960.50
The Contract Price payable by the Client to the Consultant in respect of the Services shall be the aggregate of all fees payable to the Consultant (exclusive of the Reimbursable Expenses) for the base services and additional services set forth in Schedule B, which fees shall be as follows:
The fee for the Consultant's base services shall be: in accordance with Appendix 8.
The fee for the Consultant's additional services shall be: determined on an as-needed basis where additional meetings and tasks are required outside of the scope of services identified in the Consultant's proposal.
Reimbursable Expenses:
To be charged within upset limit in accordance with Appendix B.
SCHEDULE B
DESCRIPTION OF THE SERVICES
Contract No: n/a
Base Services:
The base services shall consist of:
Planning services to complete an Official Plan review and update in accordance with Appendix B.
Additional Services:
The following Services, which shall be considered to be additional to the Consultant's base Services set forth above, shall be provided by the Consultant to the Client at the written request of the Client:
1. Additional meetings or tasks identified by the Client shall be identified and assigned a scope andfee in consultation with both parties.
Excluded Services:
Notwithstanding any other provision of this Agreement, the Consultant shall not be responsible for the following services:
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SCHEDULE C
TIME SCHEDULE
In accordance with Appendix A: Proposed Work Schedule
Services Commencement Date: September-6-2019
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CORPORATION OF THE COUNTY OF DUFFERIN
BY-LAW NUMBER 2019-xx
A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE COUNTY OF DUFFERIN AT ITS MEETING HELD ON OCTOBER 10, 2019.
WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipality 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; NOW THEREFORE BE IT ENACTED BY THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF DUFFERIN ENACTS AS FOLLOWS:
1. All actions of the Council of the Corporation of the County of Dufferin at its meetings held on October 10, 2019 in 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 each report, motion, resolution or other action was adopted, ratified and confirmed by its separate by-law.
2. The Warden of the Council and the proper officers of the Corporation of the County of Dufferin are hereby authorized and directed to do all things necessary to give effect to the said action, to obtain approvals where required and except where otherwise provided, to execute all documents necessary in that behalf.
READ a first, second and third time and finally passed this 10th day of October, 2019. ____________________________ __________________________ Darren White, Warden Pam Hillock, Clerk