council - 25 apr 2018 - civicweb

TOWN OF PENETANGUISHENE

COUNCIL MEETING COUNCIL CHAMBERS, TOWNHALL, 10 ROBERT STREET WEST

Wednesday, April 25, 2018 AT 7:00 PM

AGENDA . CALL TO ORDER

2. WELCOME & COUNCIL COMMITMENT

3. APPROVAL OF AGENDA

(a) Regular Council Agenda

- April 25, 2018

THAT the agenda of the Regular Council meeting of April 25, 2018, be approved as presented.

4. DECLARATION OF PECUNIARY INTEREST

5. DEPUTATIONS/PRESENTATIONS

(a) Presentation from Huronia Historical Parks, Gary Molnar re: Festival

and Events Ontario Award to Town of Penetanguishene

(b) Deputation from Lorna Tomlinson re: 161 Church Street, Affordable Housing

(c) Deputation from John Barrett-Hamilton, Mike DeCourcy, Ross Spearn, Jeff Beeston & Barry Sargent re: 161 Church Street, Affordable Housing

(d) Deputation from County Councillor Steffan Walma re: 161 Church Street, Affordable Housing

6. ADOPTION OF MINUTES NOT ALREADY CONFIRMED

5 - 10 (a) Minutes:

Council meeting minutes - April 11, 2018

Page 1 of 80

Town of Penetanguishene - Council Agenda Page

Committee of the Whole meeting minutes - April 11, 2018

THAT the following minutes of Council meetings be confirmed and adopted as circulated: Council meeting minutes - April 11, 2018 Committee of the Whole meeting minutes - April 11, 2018

7. PRESENTATION & CONSIDERATION OF REPORT - COMMITTEE OF THE WHOLE

11 - 21 (a) Committee of the Whole Report

- April 11, 2018

THAT the recommendations contained within Committee of the Whole Report related to the Recreation and Community Services Section be approved.

THAT the recommendations contained within Committee of the Whole Report related to the Planning and Development Services Section be approved.

THAT the recommendations contained within Committee of the Whole Report related to the Transportation and Environmental Services Section be approved.

THAT the recommendations contained within Committee of the Whole Report related to the Finance and Corporate Services Section be approved.

8. MATTERS FOR CONSIDERATION

22 - 24 (a) Proposed Education (SCDSB and SMCDSB) Development Charges.

THAT the Simcoe County District School Board and Simcoe Muskoka Catholic District School Board Education Development Charges Study has been recently completed and is currently considering updated Development Rates across Simcoe County; AND THAT As a result of the Development Charges Study prepared by Watson and Associates for the two Boards there will be a significant impact to the proposed development charges for the respective boards and upon future development across Simcoe County; AND THAT The combined rates for both school boards currently is $ 1,759 per residential unit and is proposed to increase to $5,064 per residential unit representing an increase of 188% and the combined gross floor area charge of $ 0.47 per square foot for non-residential is proposed to increase to $ 1.37 per square foot for non-residential development representing an increase of 192%;

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AND THAT the study suggests that land values have increased significantly over the time frame from 2013 when the previous study was completed through to 2018. The study notes that land values in the 2013 study suggested a South Simcoe (Barrie and Bradford West Gwillimbury) average of $305,000 to $430,000 per acre to 2018 levels of $900,000 to $1,500,000 per acre reflecting increases ranging from 184% to 275%; AND FURTHER THAT land values in Penetanguishene and North Simcoe have not increased at the same levels as noted in the study, and the study fails to recognize the uniqueness of the real estate market and growth projections in North Simcoe and specifically Penetanguishene; NOW THEREFORE Penetanguishene Council hereby requests that the respective School Boards consider a differential development charge rate (area specific rate) that more appropriately reflects both the growth projections and the actual real estate values for North Simcoe which would not negatively impact the future residential and non-residential development within Penetanguishene and North Simcoe. [Addenda]

9. MOTIONS OF WHICH NOTICE HAS BEEN PREVIOUSLY GIVEN

10. NOTICES OF MOTION

11. CONSIDERATION OF BY-LAWS

25 - 79 (a) By-laws:

2018-25 Being a By-law to Authorize the Entering into of an Agreement with Sodrox Chemicals Limited for the Supply of Aluminum Sulphate for the Wastewater Treatment Process 2018-26 Being a By-law to Authorize the Entering into of an Agreement with Midwestern Line Striping for the provision of Pavement Markings 2018-27 Being a By-Law to Authorize the Execution of the Main Street Revitalization Initiative agreement between the Town of Penetanguishene and the Association of Municipalities of Ontario (AMO) 2018-28 Being a By-law to Authorize the Entering into of an Agreement with Greenland Consulting Engineers for the Provision of Contract

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Administration Inspection Services for the Main Street Reconstruction project 2018-29 Being a By-law to Provide for the Entering Into of an Encroachment Agreement for 38 Wolfe Street 2018-30 Being a By-law to Provide for the Entering Into of an Encroachment Agreement for 37 Champlain Road 2018-31 A By-Law to Appoint Caelin Bennett as a Bylaw Enforcement Officer for the Town of Penetanguishene 2018-32 Being a By-law to Appoint Michael D. Brunelle as Municipal By-law Enforcement Officer to Enforce Certain Restrictions Pertaining to Parking, Launching, Fishing and Swimming at the Town Dock 2018-33 Being a By-law to Amend By-law 2015-09 to Authorize Entering into an Agreement Extension with Compu-SOLVE Technologies for providing Information Technology Support Services for the Town of Penetanguishene

THAT the Council of the Town of Penetanguishene introduce the following by-laws; 2018-25, 2018-26, 2018-27, 2018-28, 2018-29, 2018-30, 2018-31, 2018-32 and 2018-33 AND THAT by-laws be read a first time and deemed to be read a second and third time and carried.

12. QUESTION PERIOD FROM MEDIA AND PUBLIC

13. ANNOUNCEMENTS AND INQUIRIES

14. CONFIRMATION BY-LAW

80 (a) By-law 2018-34

THAT confirmation by-law 2018-34, be signed and sealed by the Mayor and Clerk.

15. ADJOURNMENT

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The Corporation of The Town of PenetanguisheneCOUNCIL MEETING

COUNCIL CHAMBERS, TOWNHALLWEDNESDAY APRIL 11, 2018 at 7:00 PM

MINUTESPRESENT: Mayor G. Marshall, Deputy Mayor A. Dubeau, Councillors D. LaRose, D. Levy, D. Rawson, M. Lauder, D. Leroux, B. Saunders, M. Mayotte

ABSENT:

REGRETS:

ALSO PRESENT: J. Lees, CAO, K. Cole, Corporate Services Executive Assistant, B. Murray, Director of Public Works, C. Robillard, Treasurer, S. Desjardins, Director of Recreation & Community Services, A. Betty, Director of Planning and Community Development, Rogers Cable

1 CALL TO ORDERMayor G. Marshall called the meeting to order at 7:02 p.m.

2 WELCOME & COUNCIL COMMITMENT

3 APPROVAL OF AGENDA

(a) Regular Council Agenda- April 11, 2018Moved by Deputy Mayor A. Dubeau and Seconded by Councillor B. Saunders

THAT the agenda of the Regular Council meeting of April 11, 2018, be approved as presented.

CARRIED

4 DECLARATION OF PECUNIARY INTEREST

Minutes: Council meeting minutes - April 11, 2018 Committee of the Whole... of 80

Town of Penetanguishene - Regular Council MinutesCouncillor D. Rawson declared a pecuniary interest with item 6. a. and 9. a being the Zoning By-law Amendment Application Z.A. 3/2018 – 173 and 177 Robert Street East as he is a principal owner in the business.

5 PRESENTATIONS

(a) Annual presentation from the Southern Georgian Bay OPP Detachment Commander, Andrew Ferguson

(b) Presentation from Waypoint re: Community Health Hub6 PUBLIC MEETING

(a) Zoning By-law Amendment Application Z.A. 3/2018 – 173 and 177 Robert Street East

7 ADOPTION OF MINUTES NOT ALREADY CONFIRMED

(a) Minutes:Special Council Minutes - March 28, 2018Council Minutes - March 28, 2018Committee of the Whole Minutes - March 28, 2018Special Committee of the Whole - April 4, 2018Councillor B. Saunders noted that a clerical omission was made in the Council minutes of the March 28, 2018 meeting. The omission will be corrected before publishing the minutes.

Moved by Councillor B. Saunders and Seconded by Deputy Mayor A. Dubeau

THAT the following minutes of Council meetings be confirmed and adopted as circulated:Special Council Minutes - March 28, 2018Council Minutes - March 28, 2018Committee of the Whole Minutes - March 28, 2018Special Committee of the Whole - April 4, 2018

CARRIED

8 CONSENT AGENDA

(a) Correspondence from Georgian Bay General Hospital re: 2018 Community Based Nominations CommitteeCAO J. Lees provided additional information in regards to the GBGH Community Based Committee. Councillor B. Saunders


Town of Penetanguishene - Regular Council Minutesexpressed his interest in sitting on the committee. Deputy Mayor A. Dubeau moved a motion to have Councillor B. Saunders appointed to the Community Based Nomination Committee.

Moved by Deputy Mayor A. Dubeau and Seconded by Councillor D. LaRose

THAT the Council of the Town of Penetanguishene appoint Councillor B. Saunders to the Georgian Bay General Hospital Community Based Nomination Committee for 2018.

CARRIED

9 MATTERS FOR CONSIDERATION

(a) Zoning By-law Amendment Application Z.A. 3/2018 – 173 and 177 Robert Street East Staff Report PD-18-27 Background to Public MeetingMoved by Councillor D. Levy and Seconded by Councillor M. Lauder

THAT this report be received for discussion; AND THAT staff be directed to prepare a report for the next Committee of the Whole meeting to address any comments received at the Public Meeting.

CARRIED

10 PRESENTATION & CONSIDERATION OF REPORT - COMMITTEE OF THE WHOLE

(a) Committee of the Whole Report- March 28, 2018Moved by Councillor D. Leroux and Seconded by Councillor M. Mayotte

THAT the recommendations contained within Committee of the Whole Report related to the Recreation and Community Services Section be approved.

CARRIED

Moved by Councillor D. Levy and Seconded by Councillor M. Lauder


Town of Penetanguishene - Regular Council Minutes

THAT the recommendations contained within Committee of the Whole Report related to the Planning and Development Services Section be approved.

CARRIED

Moved by Councillor D. LaRose and Seconded by Councillor D. Rawson

THAT the recommendations contained within Committee of the Whole Report related to the Transportation and Environmental Services Section be approved.

CARRIED

Moved by Deputy Mayor A. Dubeau and Seconded by Councillor B. Saunders

THAT the recommendations contained within Committee of the Whole Report related to the Finance and Corporate Services Section be approved.

CARRIED

11 PRESENTATION & CONSIDERATION OF REPORT - SPECIAL COMMITTEES

(a) Special Committee of the Whole Report- April 4, 2018Moved by Councillor B. Saunders and Seconded by Deputy Mayor A. Dubeau

THAT the recommendations contained within the Special Committee of the Whole report be approved.

CARRIED

12 MOTIONS OF WHICH NOTICE HAS BEEN PREVIOUSLY GIVENNone.

13 NOTICES OF MOTIONNone.


Town of Penetanguishene - Regular Council Minutes14 CONSIDERATION OF BY-LAWS

(a) By-laws:2018-21 Being a By-law to Authorize the Execution of an Agreement with The Karma Project for the Operation of the Ecology Garden at 144 Fox Street, Penetanguishene April 1, 2018 through to October 31, 2018 2018-22 Being a By-law to Declare Surplus and Sell Part of Lot 32B, Plan 70 and more particularly described as Part 1 on Reference Plan 51R-41349 municipally known as 948 Fuller Avenue in the Town of Penetanguishene 2018-23 Being a By-law to Declare Surplus and Sell Part of Lot 127, Plan 70 municipally known as 132 Church Street in the Town of Penetanguishene Moved by Councillor B. Saunders and Seconded by Deputy Mayor A. Dubeau

THAT the Council of the Town of Penetanguishene introduce the following by-laws; 2018-21, 2018-22 and 2018-23AND THAT by-laws be read a first time and deemed to be read a second and third time and carried.

CARRIED

15 QUESTION PERIOD FROM MEDIA AND PUBLICNone.

16 ANNOUNCEMENTS AND INQUIRIESDeputy Mayor A. Dubeau announced Sustainable Severn Sound movie presentation at the Penetanguishene library April 19th, 2018.Councillor D. Leroux announced the upcoming Seniors Drivers Refresher Course.Mayor G. Marshall inquired about signage for businesses through the Main Street Reconstruction project.

17 CONFIRMATION BY-LAW

(a) By-law 2018-24Moved by Councillor B. Saunders and Seconded by Deputy Mayor A. Dubeau


Town of Penetanguishene - Regular Council MinutesTHAT confirmation by-law 2018-24, be signed and sealed by the Mayor and Clerk.

CARRIED

18 ADJOURNMENTThe Mayor adjourned the meeting at 7:53 p.m.

RECORDING SECRETARY

MAYOR


The Corporation of The Town of PenetanguisheneCOMMITTEE OF THE WHOLE MEETING

COUNCIL CHAMBERS, TOWNHALLWEDNESDAY APRIL 11, 2018 at Immediately Following Council

MINUTESPresent: Mayor G. MarshallDeputy Mayor A. DubeauCouncillor D. LaRoseCouncillor D. LevyCouncillor D. RawsonCouncilor M. Mayotte Councillor M. Lauder Councillor D. LerouxCouncillor B. Saunders

CAO, J. LeesCorporate Services Executive Assistant, K. ColeDirector of Recreation & Community Services, S. DesjardinsDirector of Planning & Community Development, A. BettyDirector of Public Works, B. MurrayTreasurer, C. RobillardChief Building Official, T. Paquette

Regrets:

Absent: RECOMMENDATIONS CONTAINED IN THIS COMMITTEE REPORT ARE NOT TO BE CONSIDERED THE FINAL DECISION OF THE CORPORATION UNTIL APPROVED BY PENETANGUISHENE COUNCIL

1. CALL TO ORDERMayor G. Marshall called the meeting to order at 7:54 p.m.

2. APPROVAL OF AGENDA

Committee of the Whole Report - April 11, 2018 of 80

Town of Penetanguishene - Coordinated Section Committee

i) Committee of the Whole Agenda- April 11, 2018Councillor D. Rawson requested that the Planning and Community Development portion of the agenda be addressed first on the agenda. The amendment was accepted.

Moved by Councillor D. Rawson and Seconded by Councillor B. Saunders

THAT the Committee of the Whole agenda for April 11, 2018, be approved as presented.

CARRIED

3. DECLARATION OF PECUNIARY INTERESTNone.

4. PRESENTATIONS & DELEGATIONS

i) Deputation from John Barrett-Hamilton, Michael DeCourcy and Ross Spearn re: Proposed Affordable Housing at 161 Church Street

5. SECTION A - TRANSPORTATION AND ENVIRONMENTAL SERVICESCouncillor D. Rawson assumed the role of Chair for the Transportation and Environmental Services Section portion of the agenda.

a. CONSENT AGENDATHAT the following consent agenda items, having been given due consideration be received for information.Moved by Councillor D. LaRose Seconded by Mayor G. MarshallCARRIED

i) Drinking Water Quality Management System Meeting Minutes- December 11, 2017

b. MATTERS FOR CONSIDERATION

i) Midland Penetanguishene Transit Service – Special Events Transit RouteMoved by Councillor B. Saunders and Seconded by Councillor D. Leroux


Town of Penetanguishene - Coordinated Section CommitteeTHAT the special event transit routes for the Butter Tart Festival and Canada Day Fireworks be approved.

CARRIED

ii) Ontario’s Main Street Revitalization Initiative – Allocated FundingThe Director of Public Works provided additional information relating to the Main Street Revitalization Initiative. Mayor G. Marshall added a friendly amendment to the motion to include staff reporting back to Council regarding the allocation of funding.

Moved by Councillor D. LaRose and Seconded by Councillor M. Lauder

THAT Council enters into a Letter of Agreement with the Association of Municipalities of Ontario (issuing body for the program on behalf of the Ontario Ministry of Agriculture, Food and Rural Affairs) for the provision of Main Street Revitalization Funding;AND THAT staff report back to Council with options for the allocation of funding;AND FINALLY THAT a by-law for the contribution agreement be brought forward by staff for council approval.

CARRIED

iii) Federation of Canadian Municipalities - Municipal Asset Management ProgramThe Director of Public Works gave a brief overview of the Municipal Asset Management Program.

Moved by Councillor M. Mayotte and Seconded by Deputy Mayor A. Dubeau

THAT Council approves the submission of a funding application to the Federation of Canadian Municipalities Municipal Asset Management Program as outlined within the staff report;AND THAT the municipal contribution for each project is to be funded through the operating and capital budgets outlined within the staff report.

CARRIED


Town of Penetanguishene - Coordinated Section Committeeiv) Main Street Reconstruction Contract Administration and

Inspection Engineering Services AgreementMoved by Councillor D. LaRose and Seconded by Mayor G. Marshall

THAT the Professional Engineering Services Agreement with Greenland International Consulting Ltd. for the Main Street Reconstruction Contract Administration and Inspection Services be approved;AND THAT staff be directed to prepare a confirmatory by-law for council approval.

CARRIED

v) Participation in the Georgian Bay Area Public Purchasing Co-Operative for Line Painting (GBAPPC 2017-03) for the three (3) years 2018, 2019 & 2020Mayor G. Marshall inquired about the contract be amended to include Main Street as a priority for line painting.

Moved by Councillor D. LaRose and Seconded by Councillor D. Leroux

THAT the Town enters into a three (3) year contract, through the GBAPPC, with Midwestern Line Striping to paint lines within the required road allowance and various Town owned parking lots;AND THAT staff be directed to bring forward a by-law for Council approval.

CARRIED

vi) Awarding of a Chemical Supplier Contract for the Wastewater Treatment FacilitiesMoved by Councillor D. LaRose and Seconded by Councillor M. Lauder

THAT the Town of Penetanguishene enter into a three (3) year contract with Sodrox Chemicals Ltd. to supply Aluminum Sulphate to the Wastewater Treatment Facilities;AND THAT signatures of approval are granted from the Clerk and Mayor on the contractual document;AND THAT staff bring forward a by-law for the multi-year agreement for Council approval.


Town of Penetanguishene - Coordinated Section CommitteeCARRIED

c. REFERRALS TO UPCOMING AGENDA/STAFF

i) Referrals:Councillor B. Saunders requested that a recurring item be added to each agenda to get an update report regarding the Main Street Reconstruction.

Moved by Councillor D. LaRose and Seconded by Councillor B. Saunders

THAT the Transportation and Environmental Services Section endorse the following additional and existing referrals to upcoming agendas and staff:

Future Agenda Items: Item Key

DeliverablesCouncil Member

Expected Date

Thompsons Road West Extension Options

Council Q4 - 2019

CARRIED

d. QUESTION PERIOD FROM MEDIA AND PUBLICNone.

6. SECTION B - RECREATION AND COMMUNITY SERVICESCouncillor D. Leroux assumed the role of Chair for the Recreation and Community Services Section portion of the agenda.

a. CONSENT AGENDATHAT the following consent agenda items, having been given due consideration be received for information.Moved by Councillor D. LaRose Seconded by Councillor D. RawsonCARRED

i) Seniors Council Meeting Minutes- November 7, 2017- March 6, 2018


Town of Penetanguishene - Coordinated Section Committeeii) Library Board Meeting Minutes

- February 26, 2018iii) Trails Committee Meeting Minutes

- February 12, 2018iv) Museum Committee Meeting Minutes

- February 22, 2018v) Curling Club Meeting Minutes

- March 7, 2018b. MATTERS FOR CONSIDERATION

c. REFERRALS TO UPCOMING AGENDA/STAFF

i) Referrals Moved by Councillor D. Rawson and Seconded by Deputy Mayor A. Dubeau

THAT the Recreation and Community Services Section endorse the following additional and existing referrals to upcoming agendas and staff:Future Agenda Items:

Item Key Deliverables Council Member

Expected Date

Tourism advertising (print & on-line) for future consideration

Advertising options beyond North Simcoe borders

Q2 - 2018

Seniors Facility Operating Cost Analysis (part 1)Grant Opportunities (part 2)Potential Locations (part 3)

Councillor D. Leroux

Q2 -2018(multi-stage report)

Cycling Strategy

Develop a cycling strategy

Councillor M. Lauder

Q4-2018

CARRIED



Town of Penetanguishene - Coordinated Section Committee7. SECTION C - PLANNING AND COMMUNITY DEVELOPMENT

SERVICESCouncillor D. Levy assumed the role of Chair for the Planning and Community Development portion of the agenda.

a. CONSENT AGENDATHAT the following consent agenda items, having been given due consideration be received for information.Moved by D. Rawson Seconded by M. LauderCARRIED

i) Committee of Adjustment Minutes- February 26, 2018

b. MATTERS FOR CONSIDERATION

i) Building Permit Fees Harmonization with the Town of MidlandStaff Report PD-18-30Councillor D. Rawson inquired about the impacts to the budget. The Director of Planning reported that the budget would not be impacted in this year. Councillor D. Levy inquired about the new cost of the grading and the Director of Planning clarified that portion of the fees.

Moved by Councillor D. Rawson and Seconded by Deputy Mayor A. Dubeau

THAT staff be directed to undertake the Public Notice and consultation process as required pursuant to Section 7.6 of the Building Code Act as set out in Staff Report PD-18-30; AND THAT staff be directed to prepare the required draft Amendments to Building Bylaw 2012-3 in accordance with the recommended fee structure as set out in Staff Report PD-18-30 as part of the public notice and consultation process.

CARRIED

ii) 161 Church Street County of Simcoe Affordable Housing Development OpportunityStaff Report PD-18-31


Town of Penetanguishene - Coordinated Section CommitteeMayor G. Marshall provided comments relating to the development opportunity from a County perspective. Councillor D. Rawson inquired about timing for the rezoning of the property. The Director of Planning and Community Development clarified the rezoning process and provided comments regarding the report. The Committee discussed the potential development.

Moved by Mayor G. Marshall and Seconded by Deputy Mayor A. Dubeau

THAT the Town of Penetanguishene initiate a Zoning By-law Amendment for the property at 161 Church Street to rezone the lands from Open Space Zone (OS) to Residential Multiple Density Exception Zone (RM-xx).

AND THAT Notice of a Public Meeting under the Planning Act be provided in accordance with the regulations issued pursuant to the Planning Act.

CARRIED

c. REFERRALS TO UPCOMING AGENDA/STAFFThe Chief Building Official, T. Paquette left the meeting at this time.

i) ReferralsMoved by Councillor M. Lauder and Seconded by Councillor D. Leroux

THAT the Planning and Community Development Services Section endorse the following additional and existing referrals to upcoming agendas and staff:



Expected Date

CARRIED

d. QUESTION PERIOD FROM MEDIA AND PUBLICA resident of Church Street had an inquiry regarding the engineering at 161 Church Street in relation to the water pump station. Councillor D. Levy provided comments relating to the inquiry.



8. SECTION D - FINANCE AND CORPORATE SERVICESDeputy Mayor A. Dubeau assumed the role of Chair for the Finance and Corporate Services Section portion of the agenda.

a. CONSENT AGENDATHAT the following consent agenda items, having been given due consideration be received for information with the exception of item 8. a. i. La Cle d'la Baie Sponsorship request.Moved by Councillor D. Leroux Seconded by Councillor D. RawsonCARRIED

i) La Cle d'la Baie Sponsorship request - Soirée Saphir 2018CAO J. Lees provided additional information relating to the request for sponsorship from La Cle d'la Baie. It was suggested that if Council wished to sponsor the event, the Corporate Relations budget would accommodate the Friends of the Sapphire option or $250.00.

Moved by Mayor G. Marshall and Seconded by Councillor D. Rawson

THAT the Council of the Town of Penetanguishene sponsor La Cle d'la Baie's Soiree Saphir as being a Friend of the Sapphire for $250.00 from the corporate relations budget.

CARRIED

ii) Police Services Board Minutes 2017b. MATTERS FOR CONSIDERATION

i) Correspondence from North Simcoe Culture re: Committee member appointmentDeputy Mayor A. Dubeau nominated herself to be appointed as a committee member on the North Simcoe Culture Committee.

Moved by Mayor G. Marshall and Seconded by Councillor D. Levy

THAT the Council of the Town of Penetanguishene appoint Deputy Mayor Dubeau as a committee member on the North Simcoe Culture Committee.

CARRIED


Town of Penetanguishene - Coordinated Section Committeec. REFERRALS TO UPCOMING AGENDA/STAFF

i) ReferralsMoved by Councillor M. Mayotte and Seconded by Councillor D. Leroux

THAT the Finance and Corporate Services Section endorse the following additional and existing referrals to upcoming agendas and staff:



Expected Date

Community Engagement Initiatives

Determining best way to communicate with the Public

Council Q3 - 2018

Land Sale Policy Review

Reviewing Land Sale By-law for opportunities for updates to ensure transparency and efficiency

Council Q2 - 2018

Election 2018 Reporting on items as required regarding the 2018 Municipal Election

Council 2017-2018 as required

Finance - Insurance Joint RFP Review

Insurance Joint RFP process initiated for North Simcoe municipalities

Council Q4 - 2018

CARRIED


9. ADJOURNMENTMayor G. Marshall adjourned the meeting at 8:59 p.m.



Mayor

Recording Secretary


Plaza Three 101-2000 Argentia Rd.

Mississauga, Ontario Canada L5N 1V9

Phone: (905) 272-3600 Fax: (905) 272-3602

e-mail: [email protected]

EDC 2018

April 17, 2018 Re: Simcoe County District School Board & Simcoe Muskoka Catholic District School Board Education Development Charge Background Study 2018 The Education Development Charge (“EDC”) Background Study and analysis that Watson & Associates Economists Ltd prepared on behalf of the Simcoe County District School Board (SCDSB) and the Simcoe Muskoka Catholic District School Board (SMCDSB) uses similar assumptions to the current EDC by-laws that the Boards passed in 2013. The underlying assumptions are consistent with the 2013 EDC analysis in that the background study and calculations were based on a jurisdiction wide analysis, with a uniform rate applied equally to all types of residential development. The charges are based on a 90% residential allocation and 10% non-residential allocation. The background study contains a sensitivity analysis that shows a range of EDC charges based on allocations from 0% non-residential to the maximum allowable non-residential rate of 40%. In addition, the background study also provides a range of charges based on dwelling types to illustrate the differences in the charge between uniform and differentiated rates. The residential housing forecast is used principally to project student enrolment that will be generated from new residential development. The residential forecast for this EDC analysis totals more than 92,000 units (including seasonal units). This is more than 16,000 units greater than the number of units that was assumed in the 2013 EDC forecast. While there are considerably more units in the 2018 EDC forecast, it is important to note that in the 2013 forecast almost 62% of all units were low density whereas in 2018 only 53% are low density and 40% are medium or high density. In addition, in 2013 there were just over 3,500 units forecast for seasonal uses while in 2018 there are almost 6,000 seasonal units included in the forecast. The increase in units has resulted in increased enrolment projections and site needs in some areas of the County; however, the higher density developments have mitigated the number of students projected in some cases. The current SCDSB EDC is $1,311 per residential unit and $0.35 per square foot of gross floor area (“GFA”) for the non-residential charge. For the SMCDSB, the residential charge is $448 per dwelling unit and $0.12 per square foot of GFA. The total combined charges for both school boards is currently $1,759 per residential unit and $0.47 per square foot of GFA. The proposed 2018 EDC rates have escalated fairly significantly for both school boards. The proposed charges for the two school boards total $5,064 per residential unit and $1.37 per square foot of GFA – this is an increase of 188% on the residential side and almost 192% on the non-residential side. The SCDSB proposed EDC is $3,591 per dwelling unit and $0.97 per square foot of GFA and the SMCDSB proposed EDC is $1,472 per dwelling unit and $0.40 per square foot of GFA. While the proposed EDC increases are significant, it is important to note that the price of land in Simcoe County has escalated significantly since the Boards passed their current by-laws in 2013. At that time, the average price of land in Simcoe County, based on then current appraisals, was approximately $305,000 per acre (using an average of appraised values throughout the County). The 2018 appraisals commissioned by the Boards indicate that the average price per acre is now closer to $800,000 per acre. For example, in 2013 land in Barrie was valued at a little less than $317,000 per acre and land in Bradford West Gwillimbury was appraised at approximately $430,000 per acre. The 2018 appraised

Proposed Education (SCDSB and SMCDSB) Development Charges. of 80

mailto:[email protected]

values indicate that land in Barrie is now valued at $900,000 per acre and land in Bradford West Gwillimbury has increased to $1.5 million per acre. On a jurisdiction wide basis, the average price of land per acre has increased almost 160% and in Barrie and Bradford West Gwillimbury (which account for a major portion of future school site needs) the cost of land per acre increased by 184% and 275%, respectively. Ultimately, while there are a variety of factors that impact the proposed EDC rates, increased land values experienced throughout the County since 2013 are primarily responsible for the increases in the Boards’ proposed EDCs.


EDUCATION DEVELOPMENT CHARGES Simcoe County

NOTICE OF PUBLIC MEETINGS FIRST MEETING

– POLICY REVIEW PUBLIC MEETING – TUESDAY, MAY 1, 2018 @ 6:00 P.M.

Simcoe County District School Board, Education Centre 1170 Highway 26, Midhurst, Ontario

TAKE NOTICE that on May 1, 2018, the Simcoe County District School Board and the Simcoe Muskoka Catholic District School Board will hold joint public meetings pursuant to Section 257.60 of the Education Act. The purpose of the meetings will be to review the current education development charge policies of both Boards and to solicit public input. Any person who attends the meetings may make a representation to the Boards in respect of the policies. The Boards will also consider any written submissions. A Policy Review Document setting out the Boards’ policies for the current education development charge by-laws will be available on or before April 17, 2018, at both Boards’ administrative offices during regular office hours and on the Boards’ websites (www.scdsb.on.ca and www.smcdsb.on.ca).

IMMEDIATELY FOLLOWED BY: SECOND MEETING – SUCCESSOR BY-LAW PUBLIC MEETING –

TUESDAY, MAY 1, 2018 @ 6:30 P.M. Simcoe County District School Board, Education Centre

1170 Highway 26, Midhurst, Ontario

TAKE NOTICE that on May 1, 2018, the Simcoe County District School Board and the Simcoe Muskoka Catholic District School Board will jointly hold their second public meetings pursuant to Section 257.63 of the Education Act. The purpose of these meetings is to consider the continued imposition of education development charges and successor by-laws and to inform the public generally about the education development charge proposal of each Board. Any person who attends the meeting may make a representation to the Boards in respect of the proposals. The Boards will also consider any written submissions. All submissions received in writing and those expressed at the public meeting will be considered prior to the enactment of an education development charge by-law. On Tuesday, June 5, 2018, each Board will consider the enactment of a by-law imposing education development charges in Simcoe County. The education development charge background study required under Section 257.61 of the Education Act (including the proposed EDC by-laws) which details each Board’s education development charge proposal will be available on or before April 17, 2018, at both Boards’ administrative offices during regular office hours and on the Boards’ websites (www.scdsb.on.ca and www.smcdsb.on.ca).

THIRD PUBLIC MEETING – IN CONSIDERATION OF BY-LAW ENACTMENT –

TUESDAY JUNE 5, 2018 @ 6:00 PM Simcoe Muskoka Catholic District School Board, Catholic Education Centre

46 Alliance Boulevard, Barrie

TAKE NOTICE that on June 5, 2018, the Simcoe County District School Board and the Simcoe Muskoka Catholic District School Board will jointly hold their third public meetings. The purpose of these meetings is to consider the enactment of successor EDC by-laws in Simcoe County. Any person who attends the meeting may make representations to the Boards in respect of this matter. The Boards will also consider any written submissions. All interested parties are invited to attend the public meetings. The Boards would appreciate receiving written submissions one week prior to the Public Meetings, so that they may be distributed to Trustees prior to the meetings. Submissions and requests to address the Boards as a delegation should be submitted to: Brian Jeffs, Superintendent of Business and Facility Services Simcoe County District School Board 1170 Highway 26, Midhurst, Ontario, L9X 1N6 Tel: (705) 734-6363 Ext. 11259; Fax: (705) 728-2265 [email protected]

And Peter Derochie, Associate Director of Education Simcoe Muskoka Catholic District School Board 46 Alliance Boulevard, Barrie, Ontario L4M 5K3 Tel: (705) 722-3555; Fax: (705) 722-6534 [email protected]

Any comments or requests for further information regarding this matter may be directed to Brian Jeffs for the Simcoe County District School Board or Peter Derochie for the Simcoe Muskoka Catholic District School Board.


http://www.scdsb.on.ca/

http://www.scdsb.on.ca/

THE CORPORATION OF THE TOWN OF PENETANGUISHENE

BY-LAW NUMBER 2018-25

Being a By-law to Authorize the Entering into of an Agreement with Sodrox Chemicals Limited for the Supply of Aluminum Sulphate for the Wastewater Treatment Process

WHEREAS pursuant to section 9 of the Municipal Act, 2001 S.O. 2001, chapter 25 a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;

AND WHEREAS pursuant to section 8. (1) of the Municipal Act, 2001 S.O. 2001, chapter 25 the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate to enhance the municipality’s ability to respond to municipal issues;

AND WHEREAS Sodrox Chemicals Limited requires an agreement to supply and deliver Aluminum Sulphate or an approved equivalent for the Wastewater Treatment process in the Town of Penetanguishene;

AND WHEREAS the Council of The Corporation of the Town of Penetanguishene deems it advisable to enter into an agreement with Sodrox Chemicals, attached hereto as Schedule A to By-Law 2018-25; NOW THEREFORE the Council of The Corporation of the Town of Penetanguishene enacts as follows:

1. That The Corporation of the Town of Penetanguishene initiates an agreement with the Sodrox Chemicals to supply and deliver Aluminum Sulphate or an approved equivalent chemical to assist with the wastewater treatment process in accordance with the terms of the agreement attached hereto and marked as Schedule “A”.

2. That the Mayor and Clerk, on behalf of The Corporation of the Town of Penetanguishene, are hereby authorized to enter into the said agreement with Sodrox Chemicals Limited substantially attached hereto as Schedule “A” to this By-law and to sign all documents and take all action necessary to carry out the intent of this By-law.

3. That this By-law shall be in force and effect from April 25, 2018.

BY-LAW read a first, second and third time and finally passed by Council on the 25th day of April, 2018.

___________________________MAYOR, Gerry Marshall

____________________________CLERK, Stacey Cooper

By-laws: 2018-25 Being a By-law to Authorize the Entering into of an Agr... of 80

THIS AGREEMENT made in duplicate on this 2:33)‘day of t%Ut/icogt 2018.

BETWEEN

The Corporation of the Town of Penetanguishene hereinafter called the “Town",AND

Sodrox Chemicals Limited

herein after called the “Contractor”

WHEREAS the Town has awarded to the Contractor the Contract for;

RFQ # Q-18-24Supply and Delivery of Aluminum Sulphate

According to the terms and conditions herein referred to, the Contractor having put in a Bidtherefore, a copy of which is hereto annexed, which bid was accepted by the “Town” on the;

15th day of Febfllaf)’ , 2018.

THE Contractor covenants and agrees with the Town to provide, as more specifically set out in theBid Documents and provide such goods, proper and sufficient materials, equipment and labour of allkinds whatsoever as may be necessary for Supplying the said goods and services, as hereinafterspecified and in accordance with the conditions and requirements prepared therefore and attachedhereto and which are expressly acknowledged and made part of this Contract.

IN witness where of the parties hereto have hereunto set their hand and seals on the above date.

CONTRACTQR

Signature:I

SIGNED, SEALED ANDDELIVERED

Position: 35“ /,'75€\4:’I(I have authority to bindthe Company)

Witness:

Tl F T F T l

—lO"U

Per"Mayor’s Signature ‘Clerk'sSignature




Being a By-law to Authorize the Entering into of an Agreement with Midwestern Line Striping for the provision of Pavement Markings



AND WHEREAS Midwestern Line Striping requires an agreement to provide pavement markings in the Town of Penetanguishene;

AND WHEREAS the Council of The Corporation of the Town of Penetanguishene deems it advisable to enter into an agreement with Midwestern Line Striping, attached hereto as Schedule A to By-Law 2018-26; NOW THEREFORE the Council of The Corporation of the Town of Penetanguishene enacts as follows:

1. That The Corporation of the Town of Penetanguishene initiates an agreement with Midwestern Line Striping to provide pavement marking services in accordance with the terms of the agreement attached hereto and marked as Schedule “A”.

2. That the Mayor and Clerk, on behalf of The Corporation of the Town of Penetanguishene, are hereby authorized to enter into the said agreement with Midwestern Line Striping substantially attached hereto as Schedule “A” to this By-law and to sign all documents and take all action necessary to carry out the intent of this By-law.

3. That this By-law shall be in force and effect from April 25, 2018.


_________________________MAYOR, Gerry Marshall

_________________________CLERK, Stacey Cooper


This Agreement made this _________ day of ___________________________ 20___.

BETWEEN:The Georgian Bay Area Public Procurement Cooperative

(referred to as the “Owner”)AND:

Midwestern Line Striping Inc

(referred to as the “Contractor”)

Whereas the Owner has awarded to the Contractor the Contract for:

RFT # GBAPPC 2017-03Pavement Markings

In consideration of their respective agreements set out herein, the parties covenant and agree as follows:

1. Contract Documents

The Contract between the parties in respect of the Deliverables is comprised of the following documents, collectively referred to as the “Contract”:

(a) any duly executed amendment or change order to this Agreement (and between them, the most recently executed amendment or change order shall take precedence);

(b) this Agreement; (c) any Addenda to the RFT;(d) the RFT; and(e) the Contractor’s bid submitted in response to the RFT.

Any ambiguity, conflict or inconsistency between or among the documents comprising the Contract will be resolved by giving precedence to the express terms of the documents in the order in which they appear above, so that a first mentioned document shall prevail notwithstanding any term or aspect of a later mentioned document.

2. Contract Price

The total Contract Price, including HST, is: $37,521

Schedule A to this Agreement outlines the unit prices bid for the Town of Penetanguishene, which shall remain firm for the duration of the Term of Contract.

This is the total amount payable by the Owner to the Contractor for the Deliverables subject to any adjustments made in accordance with the terms of the Contract. Owner and Contractor Representatives

The Contract Administrator(s) for the Contract is:


Town of PenetanguisheneJody Haourt, Roads [email protected]

The Contractor Representative for the Contract is:

Sharon [email protected]

3. Additional Provisions

Not applicable.

4. Execution

This Agreement may be executed and (i) delivered by facsimile transmission or (ii) scanned and delivered by electronic transmission, and when so executed and delivered, will be deemed an original.

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date written above.

Contractor

) By: ________________________________ )

) Position: _____________________________) (I have authority to bind the company))) Witness: _____________________________))





BY-LAW 2018-27

Being a By-Law to Authorize the Execution of the Main Street Revitalization Initiative agreement between the Town of Penetanguishene and the Association of

Municipalities of Ontario (AMO)


AND WHEREAS pursuant to Section 8. (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25 Sections 8 and 11 shall be interpreted broadly so as to confer broad authority on municipalities; (a) to enable them to govern their affairs as they consider appropriate; and (b) to enhance their ability to respond to municipal issues;

AND WHEREAS The Corporation of the Town of Penetanguishene has been approved to receive funds as specified within Schedule “A” for the Main Street Revitalization Initiative agreement under the Association of Municipalities of Ontario;

AND WHEREAS the Municipality acknowledges that Funds received through the Agreement must be invested in an interest bearing reserve account until the earliest of expenditure or March 31, 2020;

NOW THEREFORE, the Council of the Corporation of the Town of Penetanguishene, a municipal corporation pursuant to the Municipal Act, 2001;

ENACTS AS FOLLOWS

1. That the Mayor and Clerk are hereby authorized to execute this Municipal Funding Agreement for the transfer of Main Streets Revitalization Initiatives funds between the Association of Municipalities of Ontario and The Corporation of the Town of Penetanguishene as in Schedule A attached hereto.

2. THAT this By-law shall come into force and effect upon passing.

BY-LAW READ a first, second and third time and finally passed by Council this 25th day of April, 2018.

________ __________MAYOR, Gerry Marshall

________________ _____CLERK, Stacey Cooper


200 University Ave. Suite 801 www.amo.on.ca Tel 416. 971.9856 Toll Free in Ontario Toronto, ON, M5H 3C6 [email protected] Fax 416. 971.6191 877.426.6527

MUNICIPAL FUNDING AGREEMENT

ONTARIO’S MAIN STREET REVITALIZATION

INITIATIVE This Agreement made as of 25th day of April, 2018.

BETWEEN:

THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO

(referred to herein as “AMO”)

AND:

THE TOWN OF PENETANGUISHENE

(a municipal corporation pursuant to the Municipal Act, 2001, referred to herein as the

“Recipient”)

WHEREAS the Province of Ontario is making $26 million available for allocation for the purposes of supporting municipal Main Street Revitalization Initiatives in Ontario;

WHEREAS the Province of Ontario, Ontario municipalities as represented by AMO are signatories to Ontario’s Main Street Revitalization Initiative Transfer Payment Agreement on March 12, 2018 (the “OMAFRA-AMO Agreement”), whereby AMO agreed to administer Main Street Revitalization funds made available to all Ontario municipalities, excluding Toronto;

WHEREAS the OMAFRA-AMO Transfer Payment Agreement contains a framework for the transfer of provincial funds to Ontario lower-tier and single-tier municipalities represented by AMO;

WHEREAS the Recipient wishes to enter into this Agreement in order to participate in Ontario’s Main Street Revitalization Initiative;

WHEREAS AMO is carrying out the fund administration in accordance with its obligations set out in the OMAFRA-AMO Agreement and it will accordingly undertake certain activities and require Recipients to undertake activities as set out in this Agreement.

THEREFORE the Parties agree as follows:

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions. When used in this Agreement (including the cover and execution pages and all of the schedules), the following terms shall have the meanings


2

ascribed to them below unless the subject matter or context is inconsistent therewith:

“Agreement” means this Agreement, including the cover and execution pages and all of the schedules hereto, and all amendments made hereto in accordance with the provisions hereof.

“Annual Report” means the duly completed report to be prepared and delivered to AMO as described in Section 7.2 and Section 2 of Schedule D.

“Association of Municipalities of Ontario (AMO)” means a legally incorporated entity under the Corporations Act, 1990 R.S.O. 1990, Chapter c.38.

“Communication Report” means the duly completed report to be prepared and delivered to AMO as described in Section 7.1 and Section 1 of Schedule D.

“Community Improvement Plan” has the meaning as defined under section 28(1) of the Planning Act, R.S.O. 1990, c. P.13.

“Contract” means an agreement between the Recipient and a Third Party whereby the latter agrees to supply a product or service to an Eligible Project in return for financial consideration.

“Effective Date” is April 1, 2018.

“Eligible Costs” means those expenditures described as eligible in Schedule C.

“Eligible Projects” means projects as described in Schedule B.

“Eligible Recipient” means a

a. Municipality or its agent (including its wholly owned corporation); and

b. Non-municipal entity, including for profit, non-governmental and not-forprofit organizations, on the condition that the Municipality(ies) has(have) indicated support for the Eligible Project through a formal grantagreement between the Municipality and the non-municipal entity.

“Event of Default” has the meaning given to it in Section 11.1 of this Agreement.

“Funds” mean the Funds made available to the Recipient through the Main Street Revitalization Initiative, a program established by the Government of Ontario. Funds are made available pursuant to this Agreement and includes any interest earned on the said Funds. For greater certainty: (i) Funds transferred to another Municipality in accordance with Section 6.2 of this Agreement, other than as set out in Sections 7.1(a), (c) and (f), are to be treated as Funds by the Municipality to which the Funds are transferred and are not to be treated as Funds by the Recipient; and (ii) any Funds transferred to a non-municipal entity


3

in accordance with Section 6.3 of this Agreement shall remain as Funds under this Agreement for all purposes and the Recipient shall continue to be bound by all provisions of this Agreement with respect to such transferred Funds.

“Ineligible Costs” means those expenditures described as ineligible in Schedule C.

“Lower-tier Municipality” means a Municipality that forms part of an Upper-tier Municipality for municipal purposes, as defined under the Municipal Act, 2001 S.O. 2001, c.25.

“Municipal Fiscal Year” means the period beginning January 1st of a year and ending December 31st of the same year.

“Municipality” and “Municipalities” means every municipality as defined under the Municipal Act, 2001 S.O. 2001 c.25.

“Municipal Physical Infrastructure” means municipal or regional, publicly or privately owned, tangible capital assets primarily for public use or benefit in Ontario.

“Ontario” means Her Majesty in Right of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs.

“Parties” means AMO and the Recipient.

“Project Completion Date” means the Recipient must complete its Project under this Agreement by March 31, 2020.

“Recipient” has the meaning given to it on the first page of this Agreement.

“Results Report” means the report prepared and delivered to AMO by the Recipient by which reports on how Funds are supporting progress towards achieving the program objective, more specifically described in Section 3 of Schedule D.

“Single-tier Municipality” means a municipality, other than an upper-tier municipality, that does not form part of an upper-tier municipality for municipal purposes as defined under the Municipal Act, 2001, S.O. 2001 c. 25.

“Third Party” means any person or legal entity, other than the Parties to this Agreement who participates in the implementation of an Eligible Project by means of a Contract.

“Transfer By-law” means a by-law passed by Council of the Recipient pursuant to Section 6.2 and delivered to AMO in accordance with that section.

“Unspent Funds” means the amount reported as unspent by the Recipient as of December 31, as submitted in the Recipient’s Annual Report.


1.2 Interpretations:

Herein, etc. The words “herein”, “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole and not any particular schedule, article, section, paragraph or other subdivision of this Agreement.

Currency. Any reference to currency is to Canadian currency and any amount advanced, paid or calculated is to be advanced, paid or calculated in Canadian currency.

Statutes. Any reference to a federal or provincial statute is to such statute and to the regulations made pursuant to such statute as such statute and regulations may at any time be amended or modified and in effect and to any statute or regulations that may be passed that have the effect of supplementing or superseding such statute or regulations.

Gender, singular, etc. Words importing the masculine gender include the feminine or neuter gender and words in the singular include the plural, and vice versa.

2. TERM OF AGREEMENT

2.1 Term. Subject to any extension or termination of this Agreement or the survival of any of the provisions of this Agreement pursuant to the provisions contained herein, this Agreement shall be in effect from the date set out on the first page of this Agreement, up to and including March 31, 2020.

2.2 Amendment. This Agreement may be amended at any time in writing as agreed to by AMO and the Recipient.

2.3 Notice. Any of the Parties may terminate this Agreement on written notice.

3. RECIPIENT REQUIREMENTS

3.1 Communications. The Recipient will comply with all requirements outlined, including providing upfront project information on an annual basis, or until all Funds are expended for communications purposes in the form described in Section 7.1 and Section 1 of Schedule D.

a) Unless otherwise directed by Ontario, the Recipient will acknowledge thesupport of Ontario for Eligible Projects in the following manner: “TheProject is funded [if it is partly funded the Recipient should use “in part”] bythe Ontario Ministry of Agriculture, Food and Rural Affairs.”

b) The Recipient shall notify Ontario within five (5) business days of plannedmedia events or announcements related to the Project, organized by theRecipient to facilitate the attendance of Ontario. Media events and

4


announcements include, but are not limited to, news conferences, public announcements, official events or ceremonies, and news releases.

3.2 Contracts. The Recipient will award and manage all Contracts in accordance with its relevant policies and procedures and, if applicable, in accordance with the Canadian Free Trade Agreement and applicable international trade agreements, and all other applicable laws.

a) The Recipient will ensure any of its Contracts for the supply of services ormaterials to implement its responsibilities under this Agreement will beawarded in a way that is transparent, competitive, consistent with value formoney principles and pursuant to its adopted procurement policy.

4. ELIGIBLE PROJECTS

4.1 Eligible Projects. Costs directly and reasonably incurred by the Recipient for construction, renewal, renovation or redevelopment or material enhancement activities funded under existing Community Improvement Plan financial incentive programs or activities funded under the Municipal Physical Infrastructure category, including projects in downtown or main street areas, as defined through an existing Community Improvement Plan or other municipal land use planning policy that will support the role of small businesses in main street areas as more specifically described in Schedule B and Schedule C

4.2 Recipient Fully Responsible. The Recipient is fully responsible for the completion of each Eligible Project in accordance with Schedule B and Schedule C.

5. ELIGIBLE COSTS

5.1 Eligible Costs. Schedule C sets out specific requirements for Eligible and Ineligible Costs.

5.2 Discretion of Ontario. Subject to Section 5.1, the eligibility of any items not listed in Schedule B and/or Schedule C to this Agreement is solely at the discretion of Ontario.

5.3 Unspent Funds. Any Unspent Funds, and any interest earned thereon, will be subject to the terms and conditions of this Agreement.

5.4 Reasonable Access. The Recipient shall allow AMO and Ontario reasonable and timely access to all documentation, records and accounts and those of their respective agents or Third Parties related to the receipt, deposit and use of Funds and Unspent Funds, and any interest earned thereon, and all other relevant information and documentation requested by AMO or Ontario or their respective designated representatives for the purposes of audit, evaluation, and ensuring compliance with this Agreement.

5.5 Retention of Receipts. The Recipient will keep proper and accurate accounts and records of all Eligible Projects including invoices and receipts for Eligible

5


Expenditures in accordance with the Recipient’s municipal records retention by- law and, upon reasonable notice, make them available to AMO and Ontario.

6. FUNDS

6.1 Allocation of Funds. AMO will allocate and transfer Funds on the basis of the formula determined by Ontario.

6.2 Transfer of Funds to a Municipality. Where a Recipient decides to allocate and transfer Funds to another Municipality (the “Transferee Municipality”):

a) The allocation and transfer shall be authorized by by-law (a “Transfer By-law”). The Transfer By-law shall be passed by the Recipient’s council andsubmitted to AMO as soon thereafter as practicable. The Transfer By-lawshall identify the Transferee Municipality and the amount of Funds theTransferee Municipality is to receive for the Municipal Fiscal Year specifiedin the Transfer By-law.

b) The Recipient is still required to submit an Annual Report in accordance withSections 7.1 (a), (c) and (f) hereof with respect to the Funds transferred.

c) No transfer of Funds pursuant to this Section 6.2 shall be effected unlessand until the Transferee Municipality has either (i) entered into anagreement with AMO on substantially the same terms as this Agreement, or(ii) has executed and delivered to AMO a written undertaking to assume allof the Recipient’s obligations under this Agreement with respect to theFunds transferred; in a form satisfactory to AMO.

6.3 Transfer of Funds to a non-municipal entity. Where a Recipient decides to support an Eligible Project undertaken by an Eligible Recipient that is not a Municipality:

a) The provision of such support shall be authorized by a grant agreementbetween the Municipality and the Eligible Recipient in support of aCommunity Improvement Plan. The grant agreement shall identify theEligible Recipient, and the amount of Funds the Eligible Recipient is toreceive for that Eligible Project.

b) The Recipient shall continue to be bound by all of the provisions of thisAgreement notwithstanding any such transfer including the submission ofan Annual Report in accordance with Section 7.2.

c) No transfer of Funds pursuant to this Section 6.3 shall be effected unlessand until the non-municipal entity receiving the Funds has executed anddelivered to the Municipality the grant agreement.

6.4 Use of Funds. The Recipient acknowledges and agrees the Funds are intended for and shall be used only for Eligible Expenditures in respect of Eligible Projects.

6


6.5 Payout of Funds. The Recipient agrees that all Funds will be transferred by AMO to the Recipient upon full execution of this Agreement.

6.6 Use of Funds. The Recipient will deposit the Funds in a dedicated reserve fund or other separate distinct interest bearing account and shall retain the Funds in such reserve fund, or account until the Funds are expended or transferred in accordance with this Agreement. The Recipient shall ensure that:

a) any investment of unexpended Funds will be in accordance with Ontario lawand the Recipient’s investment policy; and,

b) any interest earned on Funds will only be applied to Eligible Costs forEligible Projects, more specifically on the basis set out in Schedule B andSchedule C.

6.7 Funds advanced. Funds transferred by AMO to the Recipient shall be expended by the Recipient in respect of Eligible Costs. AMO reserves the right to declare that Unspent Funds after March 31, 2020 become a debt to Ontario which the Recipient will reimburse forthwith on demand to AMO for transmission to Ontario.

6.8 Expenditure of Funds. The Recipient shall expend all Funds by March 31, 2020.

6.9 GST & HST. The use of Funds is based on the net amount of goods and services tax or harmonized sales tax to be paid by the Recipient net of any applicable tax rebates.

6.10 Limit on Ontario’s Financial Commitments. The Recipient may use Funds to pay up to one hundred percent (100%) of Eligible Expenditures of an Eligible Project.

6.11 Stacking. If the Recipient is receiving funds under other programs in respect of an Eligible Project to which the Recipient wishes to apply Funds, the maximum contribution limitation set out in any other program agreement made in respect of that Eligible Project shall continue to apply.

6.12 Insufficient funds provided by Ontario. If Ontario does not provide sufficient funds to AMO for this Agreement, AMO may terminate this Agreement.

7. REPORTING REQUIREMENTS

7.1 Communication Report. Immediately upon execution of this Agreement the Recipient shall report to AMO any Eligible Project being undertaken in the current Municipal Fiscal Year in the form described in Schedule D.

7.2 Annual Report. The Recipient shall report in the form in Schedule D due by May 15th following the Municipal Fiscal Year on:

7


8

a) the amounts received from AMO under this Agreement;

b) the amounts received from another Eligible Recipient;

c) the amounts transferred to another Eligible Recipient;

d) amounts paid by the Recipient in aggregate for Eligible Projects;

e) amounts held at year end by the Recipient in aggregate, including interest,to pay for Eligible Projects;

f) indicate in a narrative the progress that the Recipient has made in meetingits commitments and contributions; and,

g) a listing of all Eligible Projects that have been funded, indicating the EligibleProject category, project description, amount of Funds, total project cost,start date, end date and completion status.

7.3 Results Report. The Recipient shall account in writing for results achieved by the Funds through a Results Report to be submitted to AMO. Specifically the Results Report shall document performance measures achieved through the investments in Eligible Projects in the form described in Section 3 of Schedule D.

8. RECORDS AND AUDIT

8.1 Accounting Principles. All accounting terms not otherwise defined herein have the meanings assigned to them; all calculations will be made and all financial data to be submitted will be prepared in accordance with generally accepted accounting principles (GAAP) in effect in Ontario. GAAP will include, without limitation, those principles approved or recommended for local governments from time to time by the Public Sector Accounting Board or the Canadian Institute of Chartered Accountants or any successor institute, applied on a consistent basis.

8.2 Separate Records. The Recipient shall maintain separate records and documentation for the Funds and keep all records including invoices, statements, receipts and vouchers in respect of Funds expended on Eligible Projects in accordance with the Recipient’s municipal records retention by-law. Upon reasonable notice, the Recipient shall submit all records and documentation relating to the Funds to AMO and Ontario for inspection or audit.

8.3 External Auditor. AMO and/or Ontario may request, upon written notification, an audit of Eligible Project or an Annual Report. AMO shall retain an external auditor to carry out an audit of the material referred to in Sections 5.4 and 5.5 of this Agreement. AMO shall ensure that any auditor who conducts an audit pursuant to this Section of this Agreement or otherwise, provides a copy of the


9

audit report to the Recipient and Ontario at the same time that the audit report is given to AMO.

9. INSURANCE AND INDEMNITY

9.1 Insurance. The Recipient shall put in effect and maintain in full force and effect or cause to be put into effect and maintained for the term of this Agreement all the necessary insurance with respect to each Eligible Project, including any Eligible Projects with respect to which the Recipient has transferred Funds pursuant to Section 6 of this Agreement, that would be considered appropriate for a prudent Municipality undertaking Eligible Projects, including, where appropriate and without limitation, property, construction and liability insurance, which insurance coverage shall identify Ontario and AMO as additional insureds for the purposes of the Eligible Projects.

9.2 Certificates of Insurance. Throughout the term of this Agreement, the Recipient shall provide AMO with a valid certificate of insurance that confirms compliance with the requirements of Section 9.1. No Funds shall be expended or transferred pursuant to this Agreement until such certificate has been delivered to AMO.

9.3 AMO not liable. In no event shall Ontario or AMO be liable for:

(a) any bodily injury, death or property damages to the Recipient, its employees, agents or consultants or for any claim, demand or action by any Third Party against the Recipient, its employees, agents or consultants, arising out of or in any way related to this Agreement; or

(b) any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit to the Recipient, its employees, agents or consultants arising out of any or in any way related to this Agreement.

9.4 Recipient to Compensate Ontario. The Recipient will ensure that it will not, at any time, hold Ontario, its officers, servants, employees or agents responsible for any claims or losses of any kind that the Recipient, Third Parties or any other person or entity may suffer in relation to any matter related to the Funds or an Eligible Project and that the Recipient will, at all times, compensate Ontario, its officers, servants, employees and agents for any claims or losses of any kind that any of them may suffer in relation to any matter related to the Funds or an Eligible Project. The Recipient’s obligation to compensate as set out in this section does not apply to the extent to which such claims or losses relate to the negligence of an officer, servant, employee, or agent of Ontario in the performance of his or her duties.

9.5 Recipient to Indemnify AMO. The Recipient hereby agrees to indemnify and hold harmless AMO, its officers, servants, employees or agents (each of which is called an “Indemnitee”), from and against all claims, losses, damages, liabilities and related expenses including the fees, charges and disbursements of any counsel for any Indemnitee incurred by any Indemnitee or asserted against any Indemnitee by whomsoever brought or prosecuted in any manner based upon,


10

or occasioned by, any injury to persons, damage to or loss or destruction of property, economic loss or infringement of rights caused by or arising directly or indirectly from:

(a) the Funds;

(b) the Recipient’s Eligible Projects, including the design, construction, operation, maintenance and repair of any part or all of the Eligible Projects;

(c) the performance of this Agreement or the breach of any term or condition of this Agreement by the Recipient, its officers, servants, employees and agents, or by a Third Party, its officers, servants, employees, or agents; and

(d) any omission or other wilful or negligent act of the Recipient or Third Party and their respective officers, servants, employees or agents.

10. DISPOSAL

10.1 Disposal. The Recipient will not, without Ontario’s prior written consent, sell,lease or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceed $50,000 at the time of sale, lease or disposal prior to March 31, 2021.

11. DEFAULT AND TERMINATION

11.1 Event of Default. AMO may declare in writing that an event of default hasoccurred when the Recipient has not complied with any condition, undertaking or term in this Agreement. AMO will not declare in writing that an event of default has occurred unless it has first consulted with the Recipient. Each and every one of the following events is an “Event of Default”:

(a) failure by the Recipient to deliver in a timely manner an Annual Report or Results Report.

(b) delivery of an Annual Report that discloses non-compliance with any condition, undertaking or material term in this Agreement.

(c) failure by the Recipient to co-operate in an external audit undertaken by AMO or its agents.

(d) delivery of an external audit report that discloses non-compliance with any condition, undertaking or term in this Agreement.

(e) failure by the Recipient to expend Funds in accordance with Sections 4.1 and 6.8.

11.2 Waiver. AMO may withdraw its notice of an Event of Default if the Recipient, within thirty (30) calendar days of receipt of the notice, either corrects the


11

default or demonstrates, to the satisfaction of AMO in its sole discretion that it has taken such steps as are necessary to correct the default.

11.3 Remedies on default. If AMO declares that an Event of Default has occurred under Section 11.1, after thirty (30) calendar days from the Recipient’s receipt of the notice of an Event of Default, it may immediately terminate this Agreement.

11.4 Repayment of Funds. If AMO declares that an Event of Default has not been cured to its satisfaction, AMO reserves the right to declare that prior payments of Funds become a debt to Ontario which the Recipient will reimburse forthwith on demand to AMO for transmission to Ontario.

12. CONFLICT OF INTEREST

12.1 No conflict of interest. The Recipient will ensure that no current member ofthe AMO Board of Directors and no current or former public servant or office holder to whom any post-employment, ethics and conflict of interest legislation, guidelines, codes or policies of Ontario applies will derive direct benefit from the Funds, the Unspent Funds, and interest earned thereon, unless the provision of receipt of such benefits is in compliance with such legislation, guidelines, policies or codes.

13. NOTICE

13.1 Notice. Any notice, information or document provided for under thisAgreement will be effectively given if in writing and if delivered by hand, or overnight courier, mailed, postage or other charges prepaid, or sent by facsimile or email to the addresses, the facsimile numbers or email addresses set out in Section 13.3. Any notice that is sent by hand or overnight courier service shall be deemed to have been given when received; any notice mailed shall be deemed to have been received on the eighth (8) calendar day following the day on which it was mailed; any notice sent by facsimile shall be deemed to have been given when sent; any notice sent by email shall be deemed to have been received on the sender’s receipt of an acknowledgment from the intended recipient (such as by the “return receipt requested” function, as available, return email or other written acknowledgment), provided that in the case of a notice sent by facsimile or email, if it is not given on a business day before 4:30 p.m. Eastern Standard Time, it shall be deemed to have been given at 8:30 a.m. on the next business day for the recipient.

13.2 Representatives. The individuals identified in Section 13.3 of this Agreement, in the first instance, act as AMO’s or the Recipient’s, as the case may be, representative for the purpose of implementing this Agreement.

13.3 Addresses for Notice. Further to Section 13.1 of this Agreement, notice can be given at the following addresses:

a) If to AMO:


Executive Director Main Streets Agreement Association of Municipalities of Ontario 200 University Avenue, Suite 801 Toronto, ON M5H 3C6

Telephone: 416-971-9856 Email: [email protected]

b) If to the Recipient:

Carrie RobillardDirector of Finance/TreasurerTown of Penetanguishene10 Robert Street West, P.O. Box 5009Penetanguishene, ON L9M [email protected]

14. MISCELLANEOUS

14.1 Counterpart Signature. This Agreement may be signed in counterpart, and thesigned copies will, when attached, constitute an original Agreement.

14.2 Severability. If for any reason a provision of this Agreement that is not a fundamental term is found to be or becomes invalid or unenforceable, in whole or in part, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable.

14.3 Waiver. AMO may waive any right in this Agreement only in writing, and any tolerance or indulgence demonstrated by AMO will not constitute waiver of rights in this Agreement. Unless a waiver is executed in writing, AMO will be entitled to seek any remedy that it may have under this Agreement or under the law.

14.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario.

14.5 Survival. The Recipient agrees that the following sections and provisions of this Agreement shall extend for seven (7) years beyond the expiration or termination of this Agreement: Sections 5, 6.7, 6.8, 7, 9.4, 9.5, 11.4 and 14.8.

14.6 AMO, Ontario and Recipient independent. The Recipient will ensure its actions do not establish or will not be deemed to establish a partnership, joint venture, principal-agent relationship or employer-employee relationship in any way or for any purpose whatsoever between Ontario and the Recipient,

12



13

between AMO and the Recipient, between Ontario and a Third Party or between AMO and a Third Party.

14.7 No Authority to Represent. The Recipient will ensure that it does not represent itself, including in any agreement with a Third Party, as a partner, employee or agent of Ontario or AMO.

14.8 Debts Due to AMO. Any amount owed under this Agreement will constitute a debt due to AMO, which the Recipient will reimburse forthwith, on demand, to AMO.

14.9 Priority. In the event of a conflict, the part of this Agreement that precedes the signature of the Parties will take precedence over the Schedules.

15. SCHEDULES

15.1 This Agreement, including:

Schedule A Municipal Allocation

Schedule B Eligible Projects

Schedule C Eligible and Ineligible Costs

Schedule D Reporting

constitute the entire agreement between the Parties with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations and agreements.


14

16. SIGNATURES

IN WITNESS WHEREOF, AMO and the Recipient have respectively executed, sealed and delivered this Agreement on the date set out on the front page.

RECIPIENT’S NAME: TOWN OF PENETANGUISHENE

Name:

Date

Title:

Name: Title:

THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO

By: _______________________________ ________________________________ Title: Date

In the presence of:

Witness: Date

Name: Title:

Date

Name: Title:

Gerry MarshallMayor

Stacey CooperClerk


SCHEDULE A MUNICPAL ALLOCATION

RECIPIENT’S NAME: [insert municipal name]

ALLOCATION: [insert dollar figure]

The Recipient acknowledges this is a one time payment for Eligible Projects with Eligible Costs.

15


16

SCHEDULE B ELIGIBLE PROJECTS

Funding is to be directed to Eligible Projects to support revitalization activities within main street areas, as defined through an existing Community Improvement Plan or any other municipal land use planning policy. Funding can be used in one or both of the following categories:

1. Community Improvement Plan – construction, renewal, renovation or redevelopmentor material enhancement activities that implement priority financial incentives in existingCommunity Improvement Plans such as:

a. Commercial building façade improvements

b. Preservation and adaptive reuse of heritage and industrial buildings

c. Provision of affordable housing

d. Space conversion for residential and commercial uses

e. Structural improvements to buildings (e.g. Building Code upgrades)

f. Improvement of community energy efficiency

g. Accessibility enhancements

2. Other Municipal Land Use Planning Policy – construction, renewal or materialenhancement activities to fund strategic Municipal Physical Infrastructure andpromotional projects such as:

a. Signage – wayfinding/directional, and gateway.

b. Streetscaping and landscape improvements – lighting, banners, murals, streetfurniture, interpretive elements, public art, urban forestation, accessibility,telecommunications/broadband equipment, parking, active transportationinfrastructure (e.g. bike racks/storage, cycling lanes and paths) and pedestrianwalkways/trails.

c. Marketing plan implementation – business attraction and promotion activities, specialevents.


17

SCHEDULE C ELIGIBLE AND INELIGIBLE COSTS

1. Eligible Costs include:

a. Costs directly and reasonably incurred on or after April 1, 2018 up to and including theProject Completion Date by the Recipient for construction, renewal, renovation orredevelopment or material enhancement activities funded under existing CommunityImprovement Plan financial incentive programs.

b. Costs directly and reasonably incurred on or after April 1, 2018 up to and including theProject Completion Date by the Recipient for construction, renewal or materialenhancement activities funded under the Municipal Physical Infrastructure categoryincluding projects in downtown or main street areas, as defined through an existingCommunity Improvement Plan or other municipal land use planning policy that willsupport the success of small businesses in main street areas.

2. Ineligible Costs include:

a. Costs incurred prior to Effective Date or after the Project Completion Date;

b. Any costs associated with providing the Annual and Results Reports to AMO;

c. Any costs associated with lobbying Ontario, including other Ministries, agencies andorganizations of the Government of Ontario;

d. Costs associated with construction, renewal, renovation or redevelopment or materialenhancement of all things in the following categories: highways, short-sea shipping,short-line rail, regional or local airports, and brownfield redevelopment;

e. Costs of infrastructure construction, renewal, renovation or redevelopment or materialenhancement that do not improve energy efficiency, accessibility, aesthetics ofmarketability of small businesses within an Recipient’s main street areas; or that do notencourage strategic public investments in municipal and other public infrastructurewithin main street areas that will benefit small businesses; or that otherwise will likelyfail to contribute to the success of main street businesses;

f. Costs of infrastructure construction, renewal, renovation or redevelopment or materialenhancement outside of the Recipient’s main street areas, as defined through anexisting Community Improvement Plan or other municipal land use planning policy;

g. The cost of leasing of equipment by the Recipient, any overhead costs, includingsalaries and other employment benefits of any employees of the Recipient, its direct orindirect operating or administrative costs of Recipients, and more specifically its costsrelated to planning, engineering, architecture, supervision, management and other


18

activities normally carried out by its staff, except in accordance with Eligible Costs above;

h. Taxes, to which the Recipient is eligible for a tax rebate;

i. Purchase of land or any interest therein, and related costs; and,

j. Routine repair and maintenance Municipal Physical Infrastructure.


19

SCHEDULE D REPORTING

1. Communication Report

Immediately following the Municipality executing this Agreement the Recipient will provide AMO a Communication Report in an electronic format deemed acceptable to AMO, consisting of the following:

Project Title Project Description

Eligible Project

Category (CIP/ Municipal Physical Infrastructure

Total Project Cost

Estimate of Funds (Main Street) Spent

2. Annual Report The Recipient will provide to AMO an Annual Report in an electronic format deemed acceptable to AMO, consisting of the following: a. Financial Reporting Table: The financial report table will be submitted in accordance with

the following template:

Annual Report Financial Table

Annual Cumulative

20xx 2018 - 2020

Opening Balance $xxx

Received from AMO $xxx $xxx

Interest Earned $xxx $xxx

Received from An Eligible Recipient

$xxx $xxx

Transferred to an Eligible Recipient

($xxx) ($xxx)

Spent on Eligible Projects (for each Eligible Project category)

($xxx) ($xxx)

Closing Balance of Unspent Funds

$xxx


b. Project List: The Recipient will provide to AMO a project list submitted in accordance with

the following template:

20

Recipient Project Title

Project Description

Eligible Project Category

Total Project Cost

Main Street Funds Used

Start & End Date

Completed?

Yes/No/

Ongoing

3. Project Results. The Results Report shall outline, in a manner to be provided by AMO, the degree to which investments in each project are supporting progress towards achieving revitalization within main street areas: a. Community Improvement Plan Eligible Projects

• Number of small businesses supported; • Total value of physical improvements; • Total Main Street Funds provided; • Total Municipal investment; and, • Total private investment.

b. Municipal Physical Infrastructure Eligible Projects

• Total value of physical improvements; • Total Main Street Funds provided; and • Total municipal investment.




Being a By-law to Authorize the Entering into of an Agreement with Greenland Consulting Engineers for the Provision of Contract Administration Inspection Services for the Main

Street Reconstruction project



AND WHEREAS Greenland Consulting Engineers carries on Professional Engineering Services including the Contract Administration and Inspection Services for the Main Street Reconstruction project;

AND WHEREAS the Council of The Corporation of the Town of Penetanguishene deems it advisable to enter into an agreement with Greenland Consulting Engineers, attached hereto as Schedule A to By-Law 2018-28; NOW THEREFORE the Council of The Corporation of the Town of Penetanguishene enacts as follows:

1. That The Corporation of the Town of Penetanguishene initiates an agreement with Greenland Consulting Engineers for the provision of contract administration and inspection services for the Main Street Reconstruction project in accordance with the terms of the agreement attached hereto and marked as Schedule “A”.

2. That the Mayor and Clerk, on behalf of The Corporation of the Town of Penetanguishene, are hereby authorized to enter into the said agreement with Greenland Consulting Engineers. Attached hereto as Schedule “A” to this By-law and to sign all documents and take all action necessary to carry out the intent of this By-law.

3. That this By-law shall be in force and effect from April 25th, 2018.


____________________________MAYOR, Gerry Marshall

____________________________CLERK, Stacey Cooper


Agreement for Professional Engineering Services

Between:

The Corporation of the Town of Penetanguishene

and

GREENLANDGREENLANDGREENLANDGREENLAND International Consulting Ltd./

Urban Watershed Group Ltd.

March 2018


of 9

GREENLAND� International Consulting Ltd.

120 Hume Street, Collingwood, Ontario Canada, L9Y 1V5 TEL: 705 444-8805 FAX: 705 444-5482 E-MAIL: [email protected] WEBSITE: www.grnland.com

Offices: Greater Toronto and Collingwood, Ontario

AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES

MEMORANDUM OF AGREEMENT Dated the 19th

day of March A.D. 2018 .

- BETWEEN -

Corporation of the Town of Penetanguishene

10 Robert Street West P.O. Box 5009

Penetanguishene, ON L9M 2G2

Hereinafter called the "Client"

THE PARTY OF THE FIRST PART

- AND -

Greenland International Consulting Ltd.

120 Hume Street, Collingwood, Ontario L9Y 1V5

Hereinafter called the "Engineer"

THE PARTY OF THE SECOND PART

WHEREAS the Client intends to

Contract Administration and Inspection Services for the Main Street Reconstruction Project, Town of Penetanguishene, County of Simcoe, Ontario.

Hereinafter called the "Project" and has requested the Engineer to furnish professional services in connection therewith;

NOW THEREFORE WITNESSETH that in consideration of the covenants contained herein, the Client and the Engineer mutually agree as follows:


of 9 GREENLAND� International Consulting Ltd.



Article 1:

General Conditions

1.01 RETAINER

The Client hereby retains the services of the Engineer in

connection with the Project and the Engineer hereby agrees to

provide the services described herein under the general

direction and control of the Client.

1.02 SERVICES

The services to be provided by the Engineer and by the Client

for the Project are set forth in Article 3 and such services as

changed, altered or added to under Section 1.16 are

hereinafter called the ‘Services’.

1.03 COMPENSATION

The Client shall pay the Engineer in accordance with the

provisions set forth in Article 4.

1.04 STAFF AND METHODS

The Engineer shall use current state of the art principles and

shall skilfully and competently perform the Services and shall

employ only skilled and competent staff who will be under

the supervision of a senior member of the Engineer’s staff.

1.05 OWNERSHIP OF DOCUMENTS

The copyright in all drawings, reports, specifications, bills of

quantities, calculations and other documents provided by the

Engineer in connection with the Works shall remain vested in

the Engineer, but the Client shall have a royalty free licence

to use such drawings and other documents for the purpose of

constructing the Works. Save as aforesaid, the Client shall

not make copies of such drawings or other documents nor

shall he or she use the same in connection with the making or

improvement of any works other than those comprised in the

Works without the prior written approval of the Engineer and

upon such terms as may be agreed between the Client and the

Engineer.

The Engineer may with the consent of the Client, which

consent shall not be unreasonably withheld, publish alone or

in conjunction with any other person any articles, photo-

graphs or other illustrations relating to the Works.

1.06 PATENTS

All concepts, products or processes produced by or resulting

from the Services rendered by the Engineer in connection

with the Project or which are otherwise developed or first

reduced to practise by the Engineer in the performance of

service and which are patentable, capable of trademark or

otherwise shall be and remain the property of the Engineer.

The Client shall have a permanent non-exclusive royalty-free

licence to use any concept, product or process, which is

patentable, capable of trademark or otherwise, produced by or

resulting from the Services rendered by the Engineer in

connection with the Project, for the life of the Project, and for

no other purpose or Project.

1.07 CONFIDENTIAL DATA

It is the responsibility of each party to identify to the other

party all confidential information connected with this project.

The Engineer/Client shall not divulge any confidential

information communicated to or acquired by him or her

disclosed by the Client/Engineer in the course of carrying out

the services provided for herein. Such information shall not

be used by the Engineer/Client on any other project without

approval in writing by the Client/Engineer.

This requirement shall not prohibit the Engineer from acting to

correct or report a situation, which the Engineer may

reasonably believe to endanger the safety or welfare of the

public, provided that the Engineer notifies the Client of his or

her intent to so act or report.

In the event the Engineer becomes legally compelled to

disclose confidential information, the Engineer shall forthwith

notify the client of this requirement. Such disclosure shall not

result in any liability hereunder.

1.08 INSURANCE

The Client agrees that any and all claims that the Client has or

hereafter may have against the Engineer in any way arising

out of or related to the Engineer’s duties and responsibilities

pursuant to this agreement shall be limited to the amount

presently maintained by the Engineer.

When requested the Engineer shall supply to the Client a

summary of insurance coverage presently being maintained by

the Engineer including but not exclusive to Professional

Liability Insurance, Comprehensive General Liability and

Automobile Insurance. Such summary shall include the name

of the Insurance Company, type of insurance and amount of

such coverage.

If the Client requests that the amount of coverage of the

Engineer's Insurance be increased or special insurance be

obtained for this Project then the Engineer shall co-operate

with the Client to obtain such increased or special insurance

coverage at the Client's expense (as required under this

Project).

It is understood and agreed that the coverage provided by

either of those policies named in the aforementioned summary

or specially required will not be changed or amended in any

way nor cancelled by the Engineer until (60) days after written

notice of such change or cancellations has been delivered to

the Client.





1.09 ARBITRATION

All matters in dispute under this Agreement may with the

consent of both parties be referred to arbitration.

No person shall be appointed to act as arbitrator who is in any

way interested, financially or otherwise, in the conduct of the

work on the Project or in the business or other affairs of

either the Client or the Engineer.

The award of the arbitrator shall be final and binding upon

the parties.

The provisions of the Ontario Arbitrations Act shall apply.

1.10 SUCCESSORS AND ASSIGNMENT

This Agreement shall ensure to the benefits of and be binding

upon the parties hereto, and except as otherwise provided

herein, upon their executors, administrators, successors and

assigns.

If a party to this Agreement who is an individual should

desire to bring in a partner or partners or if a party which is a

partnership should desire to bring in a new partner or partners

to share the benefits and obligations of this Agreement, they

may do so by properly notifying the other party in writing of

such intended action.

If a party to this Agreement is a partnership and a partner

thereof either dies or retires then the remaining parties therein

shall form a new successor partnership to share the benefits

and obligations of the Agreement.

Except as foresaid neither party shall assign this Agreement

without the prior consent in writing of the other.

1.11 TERMINATION AND SUSPENSION

The Client may at any time by notice in writing to the

Engineer suspend or terminate the Services or any portion

thereof at any stage of the undertaking. Upon receipt of such

written notice, the Engineer shall perform no further Services

other than those reasonably necessary to close out the

Engineer's Services. In such event the Engineer shall be paid

by the Client for all services performed and for all

disbursements incurred pursuant to this Agreement and

remaining unpaid as of the effective date of such termination.

If the Client is in default in the performance of any of the

Client's obligations set forth in this Agreement, then the

Engineer may, by written notice to the Client, require such

default be corrected. If, within 30 days of receipt of such

notice, such default shall not have been corrected the

Engineer may immediately terminate this Agreement. In

such event the Engineer shall be paid by the Client for all

services performed and for all disbursements incurred

pursuant to this Agreement and remaining unpaid as of the

effective date of such termination.

If the Engineer is practising as an individual and dies before

services have been completed, this Agreement shall terminate

as of the date of death and the Client shall pay for the services

rendered and disbursement incurred by the Engineer to the

date of such termination.

1.12 RECORDS AND AUDIT

In order to provide data for the calculation of fees on a time

basis, the Engineer and the sub-consultants shall keep a

detailed record of the hours worked by and the salaries paid to

the Engineer's staff employed on the Project.

The Client may at his costs inspect and audit the books,

payrolls, accounts and records of the Engineer and the sub-

consultants during regular office hours with respect to any

item, which the Client is required to pay on a payroll

multiplier basis as a result of this agreement.

The Engineer, when requested by the Client, shall provide

copies of receipts with respect to any disbursements for which

the Engineer claims payment under this Agreement.

1.13 INDEMNIFICATION

The Engineer shall indemnify and save harmless the Client

from and against all claims, actions, losses, expenses, costs or

damages of every nature and kind whatsoever which the

Client, the employees, officers or agents of the Client may

suffer as a sole result of the negligence of the Engineer, the

employees, officers or agents of the Engineer in the

performance of this Agreement.

The Client agrees to hold harmless indemnify and defend the

Engineer from and against any and all claim, losses, damages,

liability and costs of defence arising out of or in any way

connected with the presence, discharge, release or escape of

contaminants of any kind, excluding only such liability as may

solely arise out of the negligence of the Engineer in the

performance of consulting services to the Client within this

project.

1.14 CONTRACTING FOR CONSTRUCTION

The Engineer or any person, firm or corporation associated or

affiliated with or subsidiary to the Engineer shall not tender

for any or all of the execution of the Project or have an interest

either directly or indirectly in the construction of the Project

without the prior written consent of the Client.

1.15 APPROVAL BY OTHER AUTHORITIES

Unless otherwise provided in this Agreement, where the work

of the Engineer is subject to the approval or review of an

authority, department of government, or agency other than the

Client, preparation of applications for approval or review shall

be the responsibility of the Engineer, but shall be submitted

through the offices of the Client and unless authorised by the

Client in writing, such applications for approval or review

shall not be obtained by direct contact by the Engineer with

such other authority, department of government or agency.





1.16 CHANGES AND ALTERATIONS AND

ADDITIONAL SERVICES

After giving notice to the Engineer, the Client may in writing

at any time after the execution of the Agreement or the

commencement of the Services delete, extend, increase, vary

or otherwise alter the Services forming the subject of the

Agreement and if such action by the Client necessitates

additional staff or services,

The Engineer shall be paid in accordance with Article 3 for

such additional staff employed directly thereon, together with

such expenses and disbursements as allowed under Article 3.

In the case of a reduction in the requirement for services any

reduction in the Engineer's fee will be the subject of

negotiation. No such change shall require the execution of a

formal amendment to this Agreement.

1.17 PREVIOUS AGREEMENTS

This Agreement supersedes all previous agreements,

arrangements or understandings between the parties whether

written or oral in connection with or incidental to the Project.

1.18 PRINCIPALS AND EXECUTIVES

The use of Principals and Executives on a time basis by the

Engineer will be in accordance with Section 1.23 (c).

1.19 SPECIALIZED SERVICES

The Engineer may engage others for specialised services

provided that prior approval is obtained, in writing, from the

Client and may add a mark-up of not more than 5% of the

cost of such services to cover office administration costs

when claiming reimbursement from the Client, plus the cost

of the additional insurance incurred by the Engineer for the

specialised services.

1.20 INSPECTION

The Client, or persons authorised by the Client, shall have the

right, at all reasonable times, to inspect or otherwise review

the Services performed, or being performed, under the

Project and the premises where they are being performed.

1.21 PUBLICATION

The Engineer agrees to obtain the consent of the Client

before publishing or issuing any detailed information

regarding the Project.

1.22 TIME

The Engineer shall perform the Services expeditiously to

meet the requirements of the Client and shall complete any

portion or portions of the Services in such order as the Client

may require and the Client shall have the right to take

possession of and use any completed or partially completed

portions of the Work notwithstanding any provisions

expressed or implied to the contrary.

The Client shall give due consideration to all designs,

drawings, plans, specifications, reports, tenders, proposals and

other information submitted by the Consultant, and shall make

any decisions which he is required to make in connection

therewith within a reasonable time so as not to delay the work

of the Engineer.

1.23 ESTIMATES AND SCHEDULES

1.23.1 SUBSEQUENT CHANGES IN THE

ESTIMATE OF FEES AND SCHEDULE

OF

PROGRESS

The Engineer will require prior written approval from the

Client, for any of the following changes to the work program

presented in Article 3;

(a) Any increase in the estimated fees beyond those

approved under Article 3.

(b) Any change in the schedule of progress, which

results in a longer period than provided in Article 3.

(c) Any change in the number, classification and salary

ranges of the staff provided to determine Article 3.

1.23.2 MONTHLY REPORTING OF PROGRESS

When requested by the Client, the Engineer shall provide the

Client with a written report showing the portion of the

Services completed in the preceding month.

Article 2: Responsibilities of the Client

The Client shall:

2.1 Make available to the Engineer all relevant

information required by the Engineer, and shall

instruct the Engineer fully as to the Client's

requirements including design objectives,

constraints and criteria, special equipment and

systems, site requirements and construction budget.

The Engineer shall be entitled to rely upon the

accuracy and completeness of all such information

and data furnished through the Client or Client's

Consultants, whether such Consultants are engaged

at the request of the Engineer or not.

2.2 When so required by the Engineer, engage

Consultants directly to perform services necessary to

enable the Engineer to fully carry out his or her

duties, such services to include a legal survey of the

site, site services data, geotechnical reports and





appropriate testing.

2.3 Give the Engineer authority to act as his or her

agent in all matters falling within the scope of the

Engineer's services.

2.4 Promptly review all documentation submitted by

the Engineer, and inform the Engineer of his or her

decisions in time for the orderly progress of the

Engineer's services and of the work.

2.5 Obtain all required consents, approvals and licences

and permits from authorities having jurisdiction.

2.6 Arrange and make provision for the Engineer's

entry and access to public and private property and

Project site in the performance of his or her duties.

2.7 Arrange and pay for tender advertising and any

necessary legal, financial or insurance counselling

services required for the Project.

2.8 Designate in writing a representative to have

authority to transmit instruction to and receive

information from the Engineer.

2.9 Immediately notify the Engineer whenever the

Client or the Client's representative becomes aware

of a defect or deficiency in the work or the Contract

Documents.

Article 3: Engineering Services Provided Under this Agreement

3.1 GENERAL

The Engineer shall render Services to the Client "in a timely manner" under this Agreement with that degree of care, skill and diligence normally provided in the performance of Services in respect of Projects of a similar nature to that contemplated by this Agreement at the time and place that such services are rendered.

3.2 SPECIFIC SERVICES PROVIDED

UNDER THIS AGREEMENT

In connection with this project, the Engineer shall perform the services included their accepted proposal (REF No. 2018-02).

Article 4: Fees and Disbursements

4.1 DEFINITIONS

For the purpose of this Agreement, the following definitions

shall apply:

(a) Hourly Billing Rate

The hourly billing rate is defined as the hourly rate

for billing purposes for each of the Engineer’s

employees working on the various phases of the

project. It shall include charges fro computers and

equipment used by the Engineer for the project.

This rate is subject to the cost of living and merit

adjustments on 12-month intervals from the date of

this agreement.

(b) Construction Budget

The construction budget is the final estimate of the

construction cost, based on the Engineer’s final

design drawings. Both the Client and the Engineer

shall agree to the construction budget before

tendering.

(b) Cost of the Work

i) The "Cost of the Work" shall mean the total cost of

the Project including all materials, equipment, sales

taxes, labour and contractor's overhead and profit,

necessary to complete the work for which the

Engineer prepares designs, drawings or

specifications for which he or she is responsible.

Where sales taxes are not included in the cost of the

work, the fee shall be adjusted upwards by the factor

equivalent to the sales taxes. The adjusted fee may

be computed to the nearest one-tenth of one percent

(1/10%).

ii) Wherever the Client furnishes labour or any other

service, which is incorporated in the work, the

current price of labour or other service when the

work was executed shall be used to compute the

Cost of the Work.

iii) Whenever used material or equipment is furnished

by or on behalf of the Client, the fair market value

of such material or equipment, as though it was

purchased new, shall be used to compute the Cost of

the Work.

iv) In computing the Cost of the Work, no deductions

shall be made on account of any penalties or dam-

ages claimed by the Client from any contractor or on

account of any other sum withheld from any

contractor.

v) The Cost of the Work shall not include any fees and

disbursements due to the Engineer, the Client's engi-

neering and office expenses, or the cost of acquiring

the land including, without limitation, the purchase

price, legal fees, commissions and land transfer





taxes.

(c) Site

Site includes the actual work site and other

locations where the checking of materials,

equipment and workmanship is carried out.

4.2 BASIS OF PAYMENT

4.2.1 Fees Calculated on a Time Basis

The Client shall pay the Engineer a fee, calculated on a time

basis, for the part of the services described as such in Section

3.2. Fees shall be computed on the basis of hourly billing

rates as included in the accepted proposal document (REF

No. 2018-02), which forms part of this agreement.

All time expended on the assignment shall be chargeable,

whether it is expended in the Engineer’s office, at the client’s

premises, or elsewhere. Chargeable time also includes, but is

not limited to, time expended by stenographic and clerical

staff to prepare such documents as reports and specifications.

Reimbursable expenses, specialized computer services and

equipment, and applicable sales taxes are additional to the

fees calculated on a time basis.

4.2.2 Fees Calculated on a Percentage of Cost Basis

The Client shall pay the Engineer a fee for that part of the

services described as such in Section 3.2, to be calculated as a

percentage of the Cost of the Work described in Section 3.2.



fees calculated on a percentage-of-cost basis.

4.2.3 Fees Calculated on a Lump Sum Basis

The Client shall pay the Engineer a lump sum fee for that part

of the services described as such in Section 3.2.



fees calculated on a lump sum basis.

4.2.4 Reimbursable Expenses

In addition to the fee, the Engineer shall be reimbursed at

cost plus an administrative charge of 5%, plus the cost of the

additional insurance incurred by the Engineer and as

requested by the Client, for all reasonable expenses properly

incurred by the Engineer in connection with the project,

including but not limited to: vehicle use charges, travelling

and living expenses, long distance telephone charges, teletype

and telegraph charges, printing and reproductions, progress

photography, advertising for tenders, special delivery and

express charges, overtime premium costs, and the cost of

providing and maintaining site office, supplies and

equipment, chemical and physical tests.

4.2.5 Computer Services

Computer services, except where a computer is used for

design under the percentage fee scale or for the Engineer's

normal office administration, shall be considered a

reimbursable expense.

4.3 PAYMENT

4.3.1 Fees Calculated on a Time Basis

The Engineer shall submit an invoice with such detail and

supporting documentation as the Client may reasonably

require to the Client for all Services completed in the

immediately preceding month. Interest at the annual rate of

12 percent ( 1 percent monthly) will be paid on the total

outstanding unpaid balance commencing 30 days after the

Client has received the Engineer's invoice.

4.3.2 Fees Calculated on a Percentage of Cost Basis

(a) Monthly Payment

The Engineer shall submit an invoice to the Client for that part

of the design of the Project completed in the immediately

preceding month calculated upon the basis of the Engineer's

estimate of the cost of that part of the Project, and, if the

Client agrees with such estimate and that such part has been

completed, the Engineer will be paid the amount of the fee so

invoiced. Interest at the annual rate of 12% percent (1%

percent monthly) will be paid on the total outstanding unpaid

balance commencing 30 days after the Client has received the

Engineer's invoice.

(b) On Award of Contract

Following the award of the contract for the construction of the

Project, the Engineer shall recalculate his fee on the basis of

the tender quantities and prices on which the contract for the

construction of the Project was awarded, plus the estimated

cost of materials and other services supplied by the Client and

upon such recalculation, the amount paid to the Engineer shall

be adjusted to equal the full amount of the recalculated fee

including the repayment by the Engineer of any overpayment

made to the Engineer.

(c) Delay of Award of Contract

In the event the contract for construction of the Project is not

awarded within eighteen months of the acceptance of the

Design by the Client the final fee for design shall be

determined as in paragraph (a) above.

Further services for the Project beyond the eighteen months

will be undertaken on a time basis.

(d) On Completion of the Work

Following Completion of the Work, the Engineer shall

recalculate the fee on the basis of the actual cost of the work

and upon such recalculation the amount paid to the Engineer

shall be adjusted to equal the full amount of the Recalculated

fee including the repayment by the Engineer of any

overpayment to the Engineer.





4.3.3 Fees Calculated on a Lump Sum Basis

As soon as practical following the execution of this

agreement, the Engineer shall submit a fee payment schedule

to the Client for approval. The fee payment schedule shall

reasonably reflect the provision of the Engineer’s services for

the duration of the assignment. The Engineer shall monthly

submit to the Client invoices based on the approved fee

schedule. Monthly invoices shall include the engineer’s fees,

reimbursable expenses, specialized computer services and

equipment, and applicable sales taxes. The Engineer shall

submit an invoice with such detail and supporting

documentation as the Client may reasonably require to the

Client for all Services completed in the immediately

preceding month. Interest at the annual rate of 12 percent (

1 percent monthly) will be paid on the total outstanding

unpaid balance commencing 30 days after the Client has

received the Engineer's invoice.

4.3.4 The Engineer’s Right to Stop Rendering

Services

If any invoices submitted by the Engineer remains unpaid by

the Client for 30 days from the date the invoice was

submitted, the Engineer will stop rendering services.

If within seven days of delivery of this notice the Client has

not paid the Engineer’s invoice and the Engineer and the

Client have not agreed in writing on terms for payment of the

invoice, the Engineer may stop rendering services on the

project. In that event, the Client shall not have any claim

whatsoever against the Engineer for any loss, cost, damage or

expense incurred or anticipated to be incurred by the Client

as a result.

The rights of the Engineer given in this section are in addition

to, rather than a substitute for any other rights the Engineer

may have under this agreement, or otherwise, for non-

payment of the Engineer’s invoices by the Client.





IN WITNESS THEREOF the parties hereto have caused to be executed those presents by their officers properly authorised in that behalf on the day and year first above written. SIGNED, SEALED AND DELIVERED In the presence of:

ENGINEER Greenland International Consulting Ltd.

Date

I/We have the authority to bind the corporation.

CLIENT Corporation of the Town of Penetanguishene

Date

I/We have the authority to bind the corporation.



BY-LAW 2018-29

Being a By-law to Provide for the Entering Into of an Encroachment Agreement for 38 Wolfe Street

WHEREAS pursuant to Section 9 of the Municipal Act, 2001 S.O. 2001 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;

AND WHEREAS pursuant to Section 9. (1) of the Municipal Act, 2001, SO 2001, Chapter 25, Sections 8 and 11 shall be interpreted broadly so as to confer broad authority on municipalities; (a) to enable them to govern their affairs as they consider appropriate; and (b) to enhance their ability to respond to municipal issues;

AND WHEREAS it is deemed expedient that the Council of the Corporation of the Town of Penetanguishene enter into an Encroachment Agreement with Caroline Bell that was authorized on September 27, 2017, for the Encroachment at 38 Wolfe Street; NOW THEREFORE the Council of the Corporation of the Town of Penetanguishene hereby enacts as follows:

1. That the Council of the Corporation of the Town of Penetanguishene hereby authorizes the entering into of an Agreement with Caroline Bell for an indefinite term, attached hereto as Schedule “A”.

2. That the Mayor and the Clerk be and are hereby authorized and directed to sign the Agreement and to affix the Corporate Seal.

3. That this By-law shall come into force and effect on the date of passing thereof.


____________________________MAYOR Gerry Marshall

____________________________CLERK, Stacy Cooper


THIS AGREEMENT MADE BETWEEN


(hereinafter called the Municipality)

OF THE FIRST PART

-and -

CAROLINE BELL

(hereinafter called the “Licensee”)

OF THE SECOND PART

WHEREAS the municipality is the registered owner of the lands and premises more particularly described in paragraph 1 of Schedule “A” attached hereto (the “municipality’s Lands”)

AND WHEREAS the Llicensee has applied to the Licensor for a licence and consent for such encroachment.

NOW THEREFORE THIS AGREMENT WITNESSTH THAT IN CONSIDERATION OF THE PREMISES AND THE CONVENANTS HEREINAFTER SET FORTH, AND OTHER GOOD AND VALUABLE CONSDERATION, THE RECEIPT WHEREOF IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO COVENANT AND AGREE WITH EACH OTHER AS FOLLOWS:

1. LICENCE

The municipality hereby permits and consents to the Licensee to establish and maintain the road allowance on the Licensed Area, which is more particularly described in Schedule “A.

2. INDEMNIFICATION FOR LIABILITY AND RELEASE

The Licensee covenants and agrees with the Municipality that the Licensee will indemnify and save harmless the Municipality, its officers, servants, officials and agents from any claim or demand, loss, cost, charge or expense which the Municipality may incur or be liable for in consequence of the permission herein before granted and/or the exercise by the Licensee of such permission and/or the presence of the road allowance or in any matter related thereto.

The Licensees hereby release and forever discharges the Municipality, its officers, servants, officials and agents from any claim, demand, loss cost, charge or expense which may arise as a result of the Municipality performing any municipal work in or upon the Licensed Area which may damage or interfere with the flower beds.

3. TERM

This License Agreement shall be effective upon the date of execution by the Municipality and shall continue from year to year subject to the termination provisions hereinafter set forth.


4. TERMINATION OF AGREEMENT

(a) This Agreement may be terminated by the Municipality:

1. Discretionary – upon six (6) months’ notice in writing by the Municipality, with or without reason, to the Licensee at the Municipality’s sole discretion; or

2. Default – upon default of the Licensee of the terms of the agreement; as a condition precedent to giving such notice of termination the Municipality shall provide written notice of default and the Licensee shall have fifteen (15) days from the date of the notice to remedy the identified default(s) to the satisfaction of the Municipality; where such default has not been remedied the Municipality may terminate the agreement as of a date specified in writing and require the Licensee to remove the encroachment within a reasonable time.

(b) This Agreement will automatically terminate:

(1) Upon the registration of a transfer of the ownership of the Licensed Area from the Municipality to the Licensee;

(2) Upon the removal of the improvements including but not limited to the vegetation from the Licensed Area to the condition satisfactory to the Municipality.

5. NO INTEREST IN LAND ANND NON-EXCLUSIVE LICENSE

The License acknowledges that this Agreement shall in no way create any interest in land or easement rights.

6. CONSTRUCT, REPAIR AND REMOVAL

(1) shall, at its own expense, keep and maintain the Licensed Area in a safe, good and proper repair and condition in consideration of its use;

(2) shall, upon termination of this Agreement, forthwith remove any improvements and repair any damage caused thereby at the sole expense of the Licensee without being entitled to any compensation whatsoever;

(b)The Licensee acknowledges that the authorization hereunder applies only to the Licensed Area and it is the Licensee’s obligation to ensure that works authorized hereunder, if any, do not encroach upon abutting lands. The Licensee shall be responsible for obtaining the assistance of a professional surveyor for such purpose and the cost thereof.

(c) If the Licensee fails to maintain in safe condition, repair or remove any improvements, if any, as required by this Agreement, the Municipality may alter, repair or remove the same at the expense of the Licensee and the Certificate of the Clerk of the Municipality’s to the expenses thereof shall be final and binding upon the Licensee. In addition to any other remedy provided for in this agreement or by-law, the Municipality may recover the same form the Licensee in any court of competent jurisdiction as a debt due and owing to the Municipality.

7. DEPOSITS

(a) The Licensee shall lodge with the Municipality, as applicable, those cash deposits more particularly described in Schedule “B”, prior to the date of execution of this Agreement by the Municipality.

(b) Without limiting the generality of section 10, in the event any expenses incurred by the Municipality in the preparation and administration or enforcement of this agreement exceeds the deposit, the Licensee shall pay


such additional amounts to the Municipality as invoiced. Failure to pay such invoices within the time periods set out in this agreement or in the invoices shall be considered a default of this agreement.

8. EXPENSES TO BE PAID BY THE LICENSEE

(a) Every provision of this Agreement by which the Licensee is obligated in any way shall be deemed to include the words “at the expense of the Licensee” unless the context otherwise requires.

(b) The Licensee shall pay such reasonable fees as may be invoiced to the Municipality its Solicitor, its Planner, and its Municipal Engineer in connection with all work to be performed a result of the provisions of this agreement.

(c) All expenses for which demand for payment has been made by the Municipality, shall bear interest at the rate of 12% per annum commencing 30 days after demand is made.

(d) In the event that the Municipality finds it is necessary to engage the services of an engineer or technical personnel not permanently employed by the Municipality to review the plans of the Licensee and/or carry on-site inspections of the work performed the Municipality will advise the Licensee accordingly of this need, and the costs of such outside engineers so engaged shall be the responsibility of the Licensee. The Municipality may require a deposit for this purpose.(may not need this wording)

9. INSURANCE CERTIFICATE AND POLICY

(a) Policy of Insurance – The Licensee shall lodge with the Municipality on or prior to the execution of the Agreement, an insurance certificate with an Insurance Company satisfactory to the Municipality, which said approvals shall not be unreasonably withheld or delayed), and insuring the joint benefit of the Licensee and the Municipality, against any liability that may arise out of the authorization granted under the agreement including but not limited to the construction, installation, and maintenance of the private driveway and any other authorized improvements.

(b) Comprehensive General Liability – Such policy shall carry limits of liability in the amount to be specified by the Municipality, but in no event shall it be less than $2,000,000.00 inclusive general liability and such policy shall contain:

(1) a cross-liability clause;

(2) production/completed operation coverage;

(3) shall not have an exclusion pertaining to blasting, provided that any blasting required to be done shall be done by an independent contractor duly qualified to do such work or where no blasting will occur, such clause may be included where the Town has received to its satisfaction, written confirmation from the Consulting Engineer or a Statutory Declaration from the Subdivider that no blasting will occur on the lands subject to this agreement;

(4) shall include the Corporation of the Town of Penetanguishene as an additional insured; and

(5) Notice of Cancellation – a provision that the insurance company agrees to notify the Municipality 15 days in advance of any material change or cancellation of the said insurance policy.


(c) Certificate of Coverage - Any certificate of coverage filed with the Municipality shall specifically contain confirmation that the coverage is specified in paragraphs (1), (2), (3), (4), and (5) above is in effect.

(d) Confirmation of Premium Payment – the Licensee shall, from time to time as required by the Municipality provide confirmation that all premiums on such policy or policies of insurance have been paid, and that the insurance is in full force and effect. The Licensee shall file a copy of the policy with the Municipality.

(e) Claim in Excess of Policy Limits - The Issuance of such Policy of Insurance shall not be construed as relieving the Licensee form responsibility for other or larger claims, if any, and for which it may be held responsible.

10.LICENCE NON-TRANSFERBLE

The licence hereby granted may not be transferred by the Licensee without the prior consent in writing by the Municipality.

11.NOTICE

For the purpose of this Agreement notice may be given to the Licensee by prepaid registered mail to the address shown on the last transfer registered against the Licensee’s Lands and such notice shall be deemed to have been given and received on the fifth day after mailing.

12.ESTOPPEL

The Licensee agrees not to call into question directly or indirectly in any proceeding whatsoever, in law or in equity, or before any administrative tribunal, the right of the Municipality to enter into This Agreement and to enforce each and every term, covenant and condition herein contained and This Agreement may be pleaded as an estoppel against the Licensee in any such proceedings.

This AGREEEMENT SHALL ensure to the benefit of and be binding upon the parties hereto and their permitted assigns.

IN WITNESS WHEREOF the parties have executed and set their hands and seals on This Agreement.

By the Municipality of the day of , 2018.


Per: ___________________________Gerry Marshall, Mayor

Per: ____________________________Stacey Cooper, Clerk

By the Licensee on the day of , 2018.

_____________________________ __________________Witness: *


THIS IS SCHEDULE A TO THE LICENSE AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF PENETANGUISHENE AND CAROLINE BELL

SCHEDULE “A”

LICENSEE’S LANDSPart Lot 31 Plan 36 in the Town of Penetanguishene municipally known as 38 Wolfe Street being PIN 5843-30046

LICENSED AREAThe road allowance known as Wolfe Street in the Town of Penetanguishene being part of PIN 584340199 restricts landscaping of the boulevard of Wolfe Street.


THIS IS SCHEDULE B TO THE LICENSE AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF PENETANGUISHENE AND CAROLINE BELL

SCHEDULE “B”

CASH DEPOSIT AND SECURITY

The Licensee shall, on the dates specified herein, lodge with the Municipality, the following described cash deposits and security.

1. TYPE OF SECURITY

Any security required to be filed under this Agreement shall be by Certified Cheque or Bank Draft in the amount or amounts hereinafter set out.

2. CSH DEPOSITS

The following cash deposits are estimates only and are to be paid to the Municipality, as applicable, prior to the execution of this Agreement by the Municipality, in the event that the actual costs incurred by the Municipality exceed the deposits, such excess shall be invoiced to the Licensee and be due and payable 30 days after demand.

For legal, planning and engineering expensesAnd disbursements in connection with this Agreement, a deposit of $250.00



BY-LAW 2018-30

Being a By-law to Provide for the Entering Into of an Encroachment Agreement for 37 Champlain Road

WHEREAS pursuant to Section 9 of the Municipal Act, 2001 S.O. 2001 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;

AND WHEREAS pursuant to Section 9. (1) of the Municipal Act, 2001, SO 2001, Chapter 25, Sections 8 and 11 shall be interpreted broadly so as to confer broad authority on municipalities; (a) to enable them to govern their affairs as they consider appropriate; and (b) to enhance their ability to respond to municipal issues;

AND WHEREAS it is deemed expedient that the Council of the Corporation of the Town of Penetanguishene enter into an Encroachment Agreement with Caroline Bell that was authorized on April 11, 2018, for the Encroachment at 37 Champlain Road; NOW THEREFORE the Council of the Corporation of the Town of Penetanguishene hereby enacts as follows:

1. That the Council of the Corporation of the Town of Penetanguishene hereby authorizes the entering into of an Agreement with Maple Leaf Marinas Holdings for an indefinite term, attached hereto as Schedule “A”.

2. That the Mayor and the Clerk be and are hereby authorized and directed to sign the Agreement and to affix the Corporate Seal.

3. That this By-law shall come into force and effect on the date of passing thereof.



____________________________CLERK, Stacy Cooper


THIS AGREEMENT MADE BETWEEN


(hereinafter called the Municipality)

OF THE FIRST PART

-and -

MAPLE LEAF MARINA HOLDINGS

(hereinafter called the “Licensee”)

OF THE SECOND PART

WHEREAS the municipality is the registered owner of the lands and premises more particularly described in paragraph 1 of Schedule “A” attached hereto (the “Municipality’s Lands”)

AND WHEREAS the Licensee has made or will make certain improvements which do, or will, encroach upon the licensor’s lands;

AND WHEREAS the Licensee has applied to the Licensor for a licence and consent for such encroachment.

NOW THEREFORE THIS AGREMENT WITNESSTH THAT IN CONSIDERATION OF THE PREMISES AND THE CONVENANTS HEREINAFTER SET FORTH, AND OTHER GOOD AND VALUABLE CONSDERATION, THE RECEIPT WHEREOF IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO COVENANT AND AGREE WITH EACH OTHER AS FOLLOWS:

1. LICENCE

The municipality hereby permits and consents to the Licensee to establish and maintain the sign on the Licensed Area, which is more particularly described in Schedule “A.

2. INDEMNIFICATION FROM LIABILITY AND RELEASE

The Licensee covenants and agrees with the Municipality that the Licensee will indemnify and save harmless the Municipality, its officers, servants, officials and agents from any claim or demand, loss, cost, charge or expense which the Municipality may incur or be liable for in consequence of the permission herein before granted and/or the exercise by the Licensee of such permission and/or the presence of the road allowance or in any matter related thereto.

The Licensees hereby releases and forever discharges the Municipality, its officers, servants, officials and agents from any claim, demand, loss cost, charge or expense which may arise as a result of the Municipality performing any municipal work in or upon the Licensed Area which may damage or interfere with the road allowance.


3. TERM

This License Agreement shall be effective upon the date of execution by the Municipality and shall continue from year to year subject to the termination provisions hereinafter set forth.

4. TERMINATION OF AGREEMENT

(a) This Agreement may be terminated by the Municipality:

1. Discretionary – upon six (6) months’ notice in writing by the Municipality, with or without reason, to the Licensee at the Municipality’s sole discretion; or

2. Default – upon default of the Licensee of the terms of this agreement; as a condition precedent to giving such notice of termination the Municipality shall provide written notice of default and the Licensee shall have fifteen (15) days from the date of the notice to remedy the identified default(s) to the satisfaction of the Municipality; where such default has not been remedied the Municipality may terminate the agreement as of a date specified in writing and require the Licensee to remove the encroachment within a reasonable time.

(b) This Agreement will automatically terminate:

(1) Upon the registration of a transfer of the ownership of the Licensed Area from the Municipality to the Licensee;

(2) Upon the removal of the improvements including but not limited to the sign from the Licensed Area to the condition satisfactory to the Municipality.

5. NO INTEREST IN LAND ANND NON-EXCLUSIVE LICENSE

The Licensee acknowledges that this Agreement shall in no way create any interest in land or easement rights.

6. CONSTRUCT, REPAIR AND REMOVAL

(1) shall, at its own expense, keep and maintain the Licensed Area in a safe, good and proper repair and condition in consideration of its use;

(2) shall, upon termination of this Agreement, forthwith remove any improvements and repair any damage caused thereby at the sole expense of the Licensee without being entitled to any compensation whatsoever;

(b)The Licensee acknowledges that the authorization hereunder applies only to the Licensed Area and it is the Licensee’s obligation to ensure that works authorized hereunder, if any, do not encroach upon abutting lands. The Licensee shall be responsible for obtaining the assistance of a professional surveyor for such purpose and the cost thereof.

(c) If the Licensee fails to maintain in safe condition, repair or remove any improvements, if any, as required by this Agreement, the Municipality may alter, repair or remove the same at the expense of the Licensee and the Certificate of the Clerk of the Municipality’s to the expenses thereof shall be final and binding upon the Licensee. In addition to any other remedy provided for in this agreement or by-law, the Municipality may recover the same form the Licensee in any court of competent jurisdiction as a debt due and owing to the Municipality.


7. DEPOSITS

(a) The Licensee shall lodge with the Municipality, as applicable, those cash deposits more particularly described in Schedule “B”, prior to the date of execution of this Agreement by the Municipality.

(b) Without limiting the generality of section 10, in the event any expenses incurred by the Municipality in the preparation and administration or enforcement of this agreement exceeds the deposit, the Licensee shall pay such additional amounts to the Municipality as invoiced. Failure to pay such invoices within the time periods set out in this agreement or in the invoices shall be considered a default of this agreement.

8. EXPENSES TO BE PAID BY THE LICENSEE

(a) Every provision of this Agreement by which the Licensee is obligated in any way shall be deemed to include the words “at the expense of the Licensee” unless the context otherwise requires.

(b) The Licensee shall pay such reasonable fees as may be invoiced to the Municipality its Solicitor, its Planner, and its Municipal Engineer in connection with all work to be performed as a result of the provisions of this agreement.

(c) All expenses for which demand for payment has been made by the Municipality, shall bear interest at the rate of 12% per annum commencing 30 days after demand is made.

(d) In the event that the Municipality finds it is necessary to engage the services of an engineer or technical personnel not permanently employed by the Municipality to review the plans of the Licensee and/or carry on-site inspections of the work performed the Municipality will advise the Licensee accordingly of this need, and the costs of such outside engineers so engaged shall be the responsibility of the Licensee. The Municipality may require a deposit for this purpose.

9. INSURANCE CERTIFICATE AND POLICY

(a) Policy of Insurance – The Licensee shall lodge with the Municipality, on or prior to the execution of the Agreement, an insurance certificate with an Insurance Company satisfactory to the Municipality, which said approvals shall not be unreasonably withheld or delayed), and insuring the joint benefit of the Licensee and the Municipality, against any liability that may arise out of the authorization granted under the agreement including but not limited to the construction, installation, and maintenance of the road allowance and any other authorized improvements.

(b) Comprehensive General Liability – Such policy shall carry limits of liability in the amount to be specified by the Municipality, but in no event shall it be less than $5,000,000.00 inclusive comprehensive general liability and such policy shall contain:

(1) a cross-liability clause;

(2) production/completed operation coverage;

(3) shall not have an exclusion pertaining to blasting, provided that any blasting required to be done shall be done by an independent contractor duly qualified to do such work or where no blasting will occur, such clause may be included where the Town has received to its satisfaction, written confirmation from the Consulting Engineer or a Statutory Declaration from the Subdivider that no blasting will occur on the lands subject to this agreement;


(4) shall include the Corporation of the Town of Penetanguishene as an additional insured; and

(5) Notice of Cancellation – a provision that the insurance company agrees to notify the Municipality 15 days in advance of any material change or cancellation of the said insurance policy.

(c) Certificate of Coverage - Any certificate of coverage filed with the Municipality shall specifically contain confirmation that the coverage is specified in paragraphs (1), (2), (3), (4), and (5) above is in effect.

(d) Confirmation of Premium Payment – the Licensee shall, from time to time as required by the Municipality provide confirmation that all premiums on such policy or policies of insurance have been paid, and that the insurance is in full force and effect. The Licensee shall file a copy of the policy with the Municipality.

(e) Claim in Excess of Policy Limits - The Issuance of such Policy of Insurance shall not be construed as relieving the Licensee from responsibility for other or larger claims, if any, and for which it may be held responsible.

10.LICENCE NON-TRANSFERBLE

The licence hereby granted may not be transferred by the Licensee without the prior consent in writing of the Municipality.

11.NOTICE

For the purpose of this Agreement notice may be given to the Licensee by prepaid registered mail to the address shown on the last transfer registered against the Licensee’s Lands and such notice shall be deemed to have been given and received on the fifth day after mailing.

12.ESTOPPEL OF LICENSEE

The Licensee agrees not to call into question directly or indirectly in any proceeding whatsoever, in law or in equity, or before any administrative tribunal, the right of the Municipality to enter into This Agreement and to enforce each and every term, covenant and condition herein contained and This Agreement may be pleaded as an estoppel against the Licensee in any such proceedings.

This AGREEEMENT SHALL ensure to the benefit of and be binding upon the parties hereto and their permitted assigns.

IN WITNESS WHEREOF the parties have executed and set their hands and seals on This Agreement.

By the Municipality of the day of , 2018.


Per: ___________________________Gerry Marshall, Mayor

Per: ____________________________Stacey Cooper, Clerk

By the Licensee on the day of , 2018.

_____________________________ __________________Witness: *


THIS IS SCHEDULE A TO THE LICENSE AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF PENETANGUISHENE AND MAPLE LEAF MARINAS HOLDINGS.

SCHEDULE “A”

LICENSEE’S LANDSPart of Lots 116 and 117 Concession 1, and Part of Park Lots 20, 21 and 38 West of the Bay on Plan 83, and Part of the Water Lot formerly in the Township of Tiny now in the Town of Penetanguishene being all of PIN 5843-20065;

LICENSED AREAThe road allowance known as Champlain Road being part of PIN 5843-20228 and more specifically, the licensed area refers to a Pylon Sign which is located 5.1 metres west of the licensee’s lands.


THIS IS SCHEDULE B TO THE LICENSE AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF PENETANGUISHENE AND MAPLE LEAF HOLDINGS.

SCHEDULE “B”

CASH DEPOSIT AND SECURITY

The Licensee shall, on the dates specified herein, lodge with the Municipality, the following described cash deposits and security.

1. TYPE OF SECURITY

Any security required to be filed under this Agreement shall be by Certified Cheque or Bank Draft in the amount or amounts hereinafter set out.

2. CASH DEPOSITS

The following cash deposits are estimates only and are to be paid to the Municipality, as applicable, prior to the execution of this Agreement by the Municipality, in the event that the actual costs incurred by the Municipality exceed the deposits, such excess shall be invoiced to the Licensee and be due and payable 30 days after demand.

For legal, planning and engineering expensesAnd disbursements in connection with this Agreement, a deposit of $250.00




A By-Law to Appoint Caelin Bennett as a Bylaw Enforcement Officer for the Town of Penetanguishene


AND WHEREAS pursuant to section 8. (1) of the Municipal Act, 2001 S.O. 2001, chapter 25 the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate to enhance the municipalities ability to respond to municipal issues;

WHEREAS the Municipal Act, 2001 S.O. 2001, chapter 25, section 227 provides that it is the role of the officers and employees of the municipality, a) to implement council’s decisions and establish administrative practices and procedures and to carry out council’s decisions; b) to undertake research and provide advice to council on the policies and programs of the municipality; and; c) to carry out other duties required under this or any other Act and other duties assigned by the municipality;

AND WHEREAS the Police Services Act, R.S.O. 1990, chapter P.15, section 15 provides that 1) a municipal council may appoint persons to enforce the by-laws of the municipality; and 2) provides that municipal by-law enforcement officers are peace officers for the purpose of enforcing municipal by-laws;

AND WHEREAS the Council of The Corporation of the Town of Penetanguishene deems it expedient to appoint a Summer Student as a By Law Enforcement Officer to enforce the by-laws of the Municipality;

NOW THEREFORE the Council of The Corporation of the Town of Penetanguishene enacts as follows:

1. That Caelin Bennett is hereby appointed as a By Law Enforcement Officer for the purpose of enforcing the by-laws of the Municipality.

2. That By-law 2017-27 be repealed.

3. That this appointment shall come into force and effect on the date of passing.


___________________________MAYOR Gerry Marshall

____________________________CLERK Stacey Cooper




Being a By-law to Appoint Michael D. Brunelle as Municipal By-law Enforcement Officer to Enforce Certain Restrictions Pertaining to Parking, Launching, Fishing and Swimming

at the Town Dock



WHEREAS the Municipal Act, 2001 S.O. 2001, chapter 25, section 227 provides that it is the role of the officers and employees of the municipality, a) to implement council’s decisions and establish administrative practices and procedures and to carry out council’s decisions; b) to undertake research and provide advice to council on the policies and programs of the municipality; and; c) to carry out other duties required under this or any other Act and other duties assigned by the municipality;

AND WHEREAS the Police Services Act, R.S.O. 1990, chapter P.15, section 15 provides that 1) a municipal council may appoint persons to enforce the by-laws of the municipality; and 2) provides that municipal by-law enforcement officers are peace officers for the purpose of enforcing municipal by-laws;

AND WHEREAS the Fishing and Recreation Harbours Act, R.C.S. 1985, Chapter F-24, as amended, provides that the Minister of Fisheries and Oceans may appoint enforcement officers to enforce the provisions of this Act and associated regulations;

AND WHEREAS Council passed By-law 2011-36 being a By-law to Prohibit Swimming and Fishing at the Town Dock on the 17th day of July, 2011;

AND WHEREAS Council passed By-law 2011-60, being a By-law to provide for the Management, Controls, Regulations, Maintenance and Usage of all Parklands, Trails, Green Open Spaces Properties and other Public Facilities Owned and/or Leased by the Town of Penetanguishene on the 27th day of July 2011;

AND WHEREAS Council passed By-law 2012-23, being a By-law to consolidate the Traffic/Parking and Use of Highway Regulations of the Town of Penetanguishene on the 28th day of March 2012;


AND WHEREAS Section 37 (4) of By-law 2012-23, prohibits the parking of vehicles in designated parking spaces in a public area or on a highway as set out in Schedule “O”, unless a valid disabled person identifying marker is properly displayed upon the vehicle;

AND WHEREAS Section 46 of By-law 2012-23, regulates parking within the Town Dock Parking area as set out in Schedule “W” on the By-law;

AND WHEREAS Section 47 of By-law 2012-23, regulates the parking of vehicles and launching of vessels at the Launching Ramp Parking Lot as set out in Schedule “X” of the By-law;

AND WHEREAS Council has hired Michael D. Brunelle as the “Harbour Master” for the Town of Penetanguishene;

AND WHEREAS the Council of the Corporation of the Town of Penetanguishene deems it expedient to appoint Michael D. Brunelle as Municipal By-law Enforcement Officers for the purpose of enforcing By-laws 2011-36, 2011-60 and Section 37 (4) (a), 46 and 47 of By-law 2012-23;

AND WHEREAS the Council of the Corporation of the Town of Penetanguishene deems it expedient that Michael D. Brunelle is appointed as enforcement officer under the Fishing and Recreation Harbours and associated regulations by the Minister; NOW THEREFORE the Council of The Corporation of the Town of Penetanguishene enacts as follows:

1. That Michael D. Brunelle be and is hereby appointed as Harbour Master for the Town of Penetanguishene.

2. That Michael D. Brunelle is hereby appointed as Municipal By-law Enforcement Officer for the purpose of enforcing:

a) By-law # 2011-36 (Town Dock Swimming and Fishing By-law);

b) By-law # 2011-60 (Parks By-law);

c) By-law # 2012-23, as amended (Traffic/Parking By-law), section 37(4) (a), 46 and 47.

3. That By-law 2017-24 is hereby repealed in its entirety.

4. That this appointment shall come into force and effect on the date of passing.



____________________________CLERK Stacey Cooper




Being a By-law to Amend By-law 2015-09 to Authorize Entering into an Agreement Extension with Compu-SOLVE Technologies for providing Information Technology

Support Services for the Town of Penetanguishene



AND WHEREAS Compu-SOLVE will carry on information technology support services the Town of Penetanguishene;

AND WHEREAS the Council of The Corporation of the Town of Penetanguishene deems it advisable to enter into an agreement with Compu-SOLVE Technologies, attached hereto as Schedule A to By-Law 2018-33; NOW THEREFORE the Council of The Corporation of the Town of Penetanguishene enacts as follows:

1. That The Corporation of the Town of Penetanguishene enters into an agreement extension with Compu-SOLVE Technologies for Information Technology Support Services in accordance with the terms of the agreement attached hereto and marked as Schedule “A”.

2. That the Mayor and Clerk, on behalf of The Corporation of the Town of Penetanguishene, are hereby authorized to enter into the said agreement with the Compu-SOLVE Technologies substantially attached hereto as Schedule “A” to this By-law and to sign all documents and take all action necessary to carry out the intent of this By-law.

3. That this By-law shall be in force and in effect March 1, 2018 to February 28, 2019.


_____________________________MAYOR, Gerry Marshall

_____________________________CLERK, Stacey Cooper


SCHEDULE A TO BY-LAW 2018-33

INFORMATION TECHNOLOGY SERVICE AGREEMENT EXTENSION

This INFORMATION TECHNOLOGY SERVICE AGREEMENT EXTENSION (this "Agreement Extension") is made and entered into as of [March 1, 2018] (the "Effective Date"), by and between Compu-SOLVE Technologies Inc. (“CSolve”), and Corporation of the Town of Penetanguishene ("Penetanguishene"). CSolve and Penetanguishene are referred to individually as "Party" and collectively as the "Parties."

BACKGROUND

Penetanguishene desires to obtain from CSolve, and CSolve desires to provide to Penetanguishene, certain Information Technology Support Services during the term of March 1, 2018 to February 28, 2019, and subject to the terms and conditions of the original Agreement dated February 6, 2015 (attached as Schedule A).

1. TERM1.1. Term: The term of this Agreement Extension (the "Term") will begin [March 1,

2018] and will continue until [February 28, 2019] unless earlier terminated as provided in the original Agreement dated February 6, 2015.

2. AGREEMENT EXTENSION COSTS2.1 This Agreement Extension shall carry a cost no higher than Four Thousand

One Hundred and Twelve Dollars ($4,112.00) per month plus applicable taxes for a twelve (12) month period and shall be invoiced subject to section 7.6 of the original Agreement dated February 6, 2015.

The Parties have executed this Agreement Extension as of the Effective Date.

The Corporation of the Town of PenetanguisheneCompu-SOLVE Technologies Inc.

By: By:

Name: Mayor Gerry Marshall Name: Rob Megaw

Title: Sales Manager

Name: Stacey Cooper, Clerk



BY-LAW 2018-34

Being a By-law to Confirm Proceedings of the Council of The Corporation of The Town of Penetanguishene at the Regular Council Meeting held on April 25, 2018 and Special Council

Meeting held on April 25, 2018

WHEREAS the Municipal Act, 2001, c.25, s.5(1) provides that the powers of a municipality shall be exercised by its Council;

AND WHEREAS the Municipal Act, 2001, c.25, s.5(3) provides that a municipal power shall be exercised by By-law;

AND WHEREAS it is deemed expedient that the proceedings of the Council of The Corporation of the Town of Penetanguishene at this meeting be confirmed and adopted by By-law;

NOW THEREFORE the Council of The Corporation of the Town of Penetanguishene hereby enacts as follows:

1. That the actions of the Council of The Corporation of the Town of Penetanguishene in respect to each recommendation contained in the Minutes of the four (4) Section Committees of Council, Local Boards, Council or Committees, and each motion and resolution passed and other action taken by the Council of The Corporation of the Town of Penetanguishene at its meeting is hereby adopted and confirmed as if all such proceedings were expressly in this By-law.

2. That the Mayor and the proper officials of The Corporation of the Town of Penetanguishene are hereby authorized and directed to do all things necessary to give effect to the action of the Council of The Corporation of the Town of Penetanguishene referred to in the proceeding section hereof.

3. That the Mayor and Town Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Penetanguishene.

4. That any Member of Council who complied with the provisions of Section 5 of the Municipal Conflict of Interest Act, R.S.O. 1990, Chapter M.50 respecting the proceedings of the said Meetings shall be deemed to have complied with said provisions in respect of this By-law.

BY-LAW read a first, second and third time and finally passed by Council this 25th day of April 2018.

_____________________________MAYOR Gerry Marshall

_____________________________CLERK Stacey Cooper

By-law 2018-34 of 80