the town of midland does not adopt or condone anything ... documents/cip/cip apr 16 - 20.pdf ·...
TRANSCRIPT
Council Information Package
April 16 to April 20, 2018
k:\Council&By-laws\C03 Council Agenda\Council Information Packages List
No.Date Sent Out (dd-
mm-yy) Media Type From Subject
1 20-Apr-2018 Advisory County of Simcoe11th Annual Simcoe County Tri-Service Public Safety Communications Awards honour Public Safety Communicators
2 20-Apr-2018 Communications AMO AMO Policy Update - Guide to Cannabis Legalization for Municipalities Released
3 20-Apr-2018 Communications AMO AMO WatchFile - April 19, 2018
4 20-Apr-2018 Communications Ontario Good Roads Association Be in the know with new Asset Management training
5 20-Apr-2018 Communications MTO Cycling Launch of #CycleON Action Plan 2.0
6 20-Apr-2018 Communications AMO AMO Policy Update - Three Presumptive Cancers for Firefighters Announced
7 20-Apr-2018 Communications The Weekly Detour OGRA's Weekly Detour - April 18, 2018
8 20-Apr-2018 Email Midland Resident Safety of our Children
9 20-Apr-2018 LetterMinistry of Agriculture, Food and Rural Affairs 2018 Premier's Award for the Agri-Food Innovation Excellence
10 20-Apr-2018 Letter Midland YMCA YMCA Youth Exchanges Canada Program
11 20-Apr-2018 Letter Town Solicitor, Town of Midland Libel and Slander Notice to ourmidland.ca
12 20-Apr-2018 Letter Town of Amherstburg Offering School Property to Municipalities Resolution
13 20-Apr-2018 Information Report Planning and Building Services BD-2018-03 – March 2018 Building Report
14 20-Apr-2018 Media Release OPP News Portal News release from the OPP - Area Drivers Heed Weekend Weather and Driving Cautions
15 20-Apr-2018 Media Release OPP News Portal News release from the OPP - OPP Seeking Public Assistance Locating Stolen Shingle Hoist
16 20-Apr-2018 Media Release OPP News Portal News release from the OPP - DRUG-RELATED OVERDOSES ON THE RISE
17 20-Apr-2018 Media Release OPP News Portal News release from the OPP - OPP Seeking Public Assistance Locating Bear Carvings
18 20-Apr-2018 Media Release OPP News PortalNews release from the OPP - OPP and Canadian Coast Guard Warn Ice Surface Users That Spring 'Icebreaking Operations Continue on Georgian Bay of Midland Bay and its Approaches
19 20-Apr-2018 MemorandumOfficial Plan Review Steering Committee Official Plan Review Pause - Phase 2
20 20-Apr-2018 Minutes Committee of Adjustment Meeting held on March 8, 2018
21 20-Apr-2018 Minutes Sign Variance Committee Meeting held on March 8, 2018
22 20-Apr-2018 Notice Committee of Adjustment Notice of Public Hearing - Minor Variance Application - 443 Irwin Street
23 20-Apr-2018 Notice Committee of Adjustment Notice of Public Hearing - Minor Variance Application - 294 Third Street
24 20-Apr-2018 Notice Committee of Adjustment Notice of Public Hearing - Minor Variance Application - 798 Midland Point Road
25 20-Apr-2018 RFP Corporate Services Department Community Safety and Well-Being Plan
"The Town of Midland does not adopt or condone anything said in correspondence or communications provided to it or its Council, and does not warrant the accuracy of statements made in such correspondence or communications. The Town believes it has a duty to ensure that its proceedings and deliberations are transparent, and that it foster public debate on issues of concern. One of the steps it takes to carry out this duty is to, wherever possible, make the material in its Council Information Packages available on its website."
1
Advisory
County of Simcoe, Office of the Warden and CAO 1110 Highway 26, Midhurst, Ontario L9X 1N6
simcoe.ca
FOR IMMEDIATE RELEASE
11th Annual Simcoe County Tri-Service Public Safety Communications Awards honour Public Safety Communicators
To be held April 12, 2018 at the Simcoe County Museum
Midhurst/April 10, 2018 – The Simcoe County 9-1-1 Management Board Public Safety Communications Communicator of the Year and Team Award winners will be recognized at the 11th annual ceremony on April 12, 2018. This ceremony will recognize the exceptional work of the unsung but essential call-takers, dispatchers, and supervisors in our emergency response system. These are the men and women who provide a vital link to callers in distress and provide a communications safety net to emergency responders on scene. Since its inception, seven Communicators-of-the-Year, 281 individual and team communicators, and nine brave youth have been recognized. “For more than a decade, we have had the honour of recognizing this group of committed individuals for their exemplary work under challenging, and sometimes traumatic conditions,” said Warden Gerry Marshall. “On behalf of Simcoe County’s more than 460,000 residents and nine million annual visitors who all depend on you, it is my honour to say thank you for your commitment to serve and your strength to persevere.” Mystyslaw Litwin, representing Georgian Central Ambulance Communication Centre (CACC), is the recipient of the 2017 Simcoe County Public Safety Communicator-of-the-Year Award. With more than seven years of service, Litwin is regarded by both his supervisors and his peers who note that he is “credible, trusted, respected, empathetic and authentic”. Known for his support and encouragement of others, he acts as a Peer Supporter, providing emotional support to colleagues experiencing compassion fatigue and occupational stress. Technically proficient, with a fine attention to detail and thriving on challenge, he generously mentors others and willingly takes on acting supervisory roles. The 2017 Simcoe County Public Safety Communications Joint Team Award is being presented Barrie Fire & Emergency Service and Georgian CACC for their response to a motor vehicle accident on Highway 400 on Halloween. At approximately 11:30 p.m., a fully loaded tanker truck exploded in an accident on Highway 400 in the northbound lanes. Both communication centres were short staff, when calls unlike any that the communicators had heard before began to come in. The scene was described by frantic callers as absolute devastation, with screams and explosions heard in the background. Ten fire services were engaged from both Simcoe County and York Region, along with County of Simcoe Paramedic Services (CSPS), Toronto Emergency Medical Services and York Regional Police Services. There two multiple fatalities, and critical injuries, along with a diesel spill, which all led to the highway remaining closed in both directions for hours. On a call that lasted for six hours, while other calls continued to come in, these communicators remained steadfast and never wavered.
2
Seven teams are also being recognized in the Team Recognition category:
Barrie Fire & Emergency Service and Georgian CACC for their response to a fallen rock climber in Clearview Township on October 8, 2017
Barrie Police Service for their response to multiple calls reporting a suicidal male
South Simcoe Police for their work in reuniting a toddler with their family after the child had left their home in the middle of the night
South Simcoe Police for coordinating multiple fire services, hydro, transit, public works and police along with an evacuation in response to a call reporting a massive fire involving multiple homes
South Simcoe Police in coordinating four police services in response to a police pursuit on Highway 400 with an active shooter
South Simcoe Police for their work in locating an overturned kayaker on Lake Simcoe
EVENT:
What 11th Annual Simcoe County 9-1-1 Management Board Public Safety Communications Awards
Where Simcoe County Museum 1151 Highway 26, Minesing, Ontario
When
Photo and
video
April 12, 2018 2 p.m. Ceremony and interviews with recipients
The County of Simcoe is composed of 16 member municipalities and provides crucial public services to County residents, in addition to providing paramedic and social services to the separated cities of Barrie and Orillia. Visit our website at simcoe.ca.
- 30 -
Allan Greenwood Director, Corporate Communications 705-726-9300 ext. 1230 705-794-9301 (mobile) [email protected]
Jennifer Straw Communications Co-ordinator
705-726-9300 ext. 1036 705-790-5979 (mobile)
From: AMO Communications [mailto:[email protected]] Sent: Monday, April 16, 2018 12:06 PM To: Karen Desroches Subject: AMO Policy Update - Guide to Cannabis Legalization for Municipalities Released
April 16, 2018
Guide to Cannabis Legalization for Municipalities Released
The Federation of Canadian Municipalities (FCM) released the Municipal Guide to Cannabis Legalization. The Guide was developed to help municipal governments prepare for legal cannabis in their communities.
AMO contributed funds and staff resources to the project. To help focus on the Ontario context, AMO is providing a companion document (also attached) to help members get the most out of the FCM Guide.
AMO Contact:
Craig Reid, Senior Policy Advisor, [email protected], 416-971-9856 ext. 334.
AMO’s Companion Document to FCM’s Municipal Guide to Cannabis Legalization
FCM’s Municipal Guide to Cannabis Legalization Now Available
What You Need to Do to Focus Action in OntarioAMO Contact:Craig Reid, Senior AdvisorP: (416) 971-9856 ext. 334 | E: [email protected]
IntroductionLegalized non-medical cannabis will have many impacts on municipal governments and the communities they serve. Community and neighbour concerns related to safety enforcement, nuisance, public health and economic development are just some of the issues municipal governments will need to deal with.
In partnership with AMO and municipal governments across Canada, the Federation of Canadian Municipalities (FCM) has released a guide (EN FR) to legalized non-medical cannabis to help communities understand the impacts and choices they will face. The guide helps municipal governments understand their responsibilities regarding legal cannabis as well as policy and regulatory options to respond to local interests.
FCM developed this guide for municipalities in all jurisdictions across Canada. General considerations and specific examples from municipal governments in various provinces and territories will help councillors and officials tailor their actions on cannabis to their local circumstances. Understanding Ontario’s context will help councillors and staff to make effective decisions on local needs.
The guide lays out a number of issues, considerations for local governments and councils and potential responses in areas such as:
• Federal framework
• Land use management
• Business regulation
• Public consumption
• Cannabis in the workplace for municipal employers
• Enforcement issues. n
Ontario Context:Ontario’s Cannabis Act and Smoke Free Ontario Act and Ontario Government action to date set out requirements and a regional context which will affect what municipalities can and cannot do in relation to cannabis in the province. For instance, Ontario has raised the minimum age for possession to 19. It is 18 under federal law. The following are specific Ontario policies that municipalities need to be aware of as they develop a local strategy to be ready for legalized cannabis. n
Ontario Cannabis Retail Corporation (Ontario Cannabis Store)
Ontario has chosen to regulate cannabis through a provincial monopoly, opening 40 storefronts in communities across the province when legalization takes effect. Outlets may increase to up to 150 by 2020. Online sales by the Ontario Cannabis Store will be available to all Ontarians regardless of their locale.
A provincial monopoly means that Ontario municipalities will not regulate cannabis retail outlets the way they license private businesses. Ontario will administer these outlets, their policies and manage staff in compliance with provincial and federal laws and corporate responsibility practices. As requested by AMO, the provincial government has committed to respect municipal land use by-laws, seek all necessary permits and consult with municipalities regarding appropriate locations for these stores in a community.
However, licensing of grow operations remains a federal responsibility and municipal governments need to consider where to best locate these facilities if they are approached by a licensee. These facilities can generate significant economic activity and jobs for a local economy and impact municipal service needs. A considered planning approach to manage these facilities, their benefits and impacts is advisable. n
Municipal To Do:
To prepare for the expansion of the outlet network in the coming years, AMO suggests municipalities start to define areas that they believe are appropriate or inappropriate for these uses in cooperation with other local groups and organizations such as school boards and health units.
Cannabis Consumption and Smoke Free Ontario Act Rules
Ontario is restricting non-medical cannabis consumption to private dwellings. Non-medical users will be unable to use cannabis in workplaces, vehicles or on public property. Medical cannabis users will be subject to rules and regulations for cannabis use (smoked or vaporized) in environments such as vehicles when they are passengers.
The Ministry of the Attorney General is considering some limited exemptions for hotel rooms, stationary boats, long-term care facilities and other environments. Owners and operators of multi-unit dwellings will have the ability to designate outdoor consumption areas through proposed regulations. n
Municipal To Do:
As owners and operators of housing and long term care homes, municipal governments may wish to consider facility practices, employee safety and tenancy agreements to protect tenants, staff and property.
Consumption Venues – Cannabis Lounges
Cannabis consumption is restricted to private residences in Ontario. However, Ontario has signalled that it may consider regulatory authority to allow cannabis consumption venues at a future time and has recently sought feedback on this proposal. AMO has supported this proposal where a municipal government is able to control whether it is desirable in a community and where and under what circumstances it may be able to operate. n
Municipal To Do:
Municipalities should begin to consider appropriateness of these facilities in their communities and what criteria to apply.
AMO’s Companion Document to FCM’s Municipal Guide to Cannabis Legalization
Policing and Enforcement and Support for Municipalities from the Provincial Excise Duty Share
The FCM guide does not cover policing, however, it acknowledges this activity will have a major impact on communities and municipal government budgets. Ontario has responded to concerns from AMO and our members regarding the impact of cannabis legalization on municipal government fiscal sustainability with a recent funding approach to support municipalities through the transition.
The approach provides $40 million provided over two years distributed to all municipal governments as follows:
• Per household formula allocation – adjusted to provide a minimum of $10,000 to each municipality
• Split 50/50 between Upper Tier and Lower Tier municipal governments
• To be provided soon after Royal Assent of the federal Cannabis Act
• Eligible categories such as policing and by-law and/or public health enforcement, paramedic costs, and streamlined reporting requirements will be established
• Municipal avoidance of the costs for policing impairment evaluation certification and public health education
If Ontario’s share of the Federal Excise Duty exceeds $100 million in the first two years of legalization, the government has committed to sharing the surplus with municipalities on a 50/50 basis.
Looking forward, Ontario has committed to engage AMO in developing the province’s approach to federal Excise Duty Sharing after the current two-year agreement. Canadian youth use cannabis at amongst the highest rates in the world and the legal, regulated system aims to reduce youth access. Long-term, AMO believes there is a strong case for investments in local youth skills building and engagement activities to strengthen communities.
Finally, Ontario’s legislation also allows a council to request that municipal enforcement staff be designated to carry out some policing duties
AMO’s Companion Document to FCM’s
associated with illegal storefront enforcement where it is in the municipal interest. n
Municipal To Do:
Work with municipal staff, police, public health, and any other local organizations to gather information about how activities may change when cannabis is legal. Ask what the incremental impact is on the activity (i.e. what activities will increase demanding more resources than previously and why)? Will there be current activities that may diminish over time as experience with the legalization grows? How can you track these activities and costs?
Finally, AMO believes over the long-term there is a strong case for investments in local youth services (such as skills building and recreation). What needs does your community foresee?
Provincial Offences Act Fines and Youth Justice
Many fines under the Ontario Cannabis Act are Provincial Offences and municipalities will prosecute them and administer the courts at the local level. Provincial Offences Act fine revenues are payable to the municipal government.
One of the main objectives of legalizing non-medical cannabis is to protect youth. Federally, young people possessing up to five grams of cannabis will not face prosecution under the justice system. Ontario has chosen to lower that limit and will set up a diversionary program for youth caught in possession of cannabis to keep these young people out of the justice system. The province will operate this diversion system. n
Municipal To Do:
Assess the legislation for new impacts on municipal courts services and prosecutions.
Municipal Guide to Cannabis Legalization
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From: AMO Communications [mailto:[email protected]] Sent: Thursday, April 19, 2018 3:53 PM To: Karen Desroches Subject: AMO Policy Update - Three Presumptive Cancers for Firefighters Announced
April 19, 2018
Three Presumptive Cancers for Firefighters Announced
Today the Minister of Labour, Kevin Flynn, announced that the Ontario Government is expanding the current regulation to include three additional cancers presumed to be work-related for firefighters under the Workplace Safety and Insurance Act (WSIA), Ontario Increases Cancer Coverage for Firefighters.
The regulation adds ovarian and cervical presumptive cancers for female firefighters, and penile cancer for male firefighters. With the expanded presumption, once a firefighter is diagnosed with cervical, ovarian or penile cancer, the claims process for WSIB benefits is expedited, and a causal link between these cancers and a workplace exposure is not required.
The health and safety of municipal employees remains a top priority for municipal governments, as demonstrated by their continuing training and equipment investments to maximize employee safety.
The additional cancers announced today, as with the previous ones, apply to full-time, part-time and volunteer firefighters and fire investigators, and are retroactive to January 1, 1960 (as currently set out in the WSIA). Under the Act, certain prescribed cancers are treated as work-related unless the contrary can be shown.
For Schedule 1 municipalities who pay premiums, there will likely be a small premium increase. Most volunteer firefighters work for Schedule 1 municipalities. For Schedule 2 municipalities (who pay the full costs of claims plus a 30% WSIB Administrative Rate), it is expected that there will be a small fiscal impact for today’s presumptive cancer additions. Most full-time firefighters work for Schedule 2 municipalities.
In May 2007, the WSIA was amended to establish presumptions that could be work-related for firefighters and fire investigators. It also provided for regulation-making power to prescribe the diseases and conditions. In 2007 and 2009, the government established a list of eight cancers and associated service criteria, as well as the circumstances respecting heart injuries. Six presumptive cancers were added in 2014.
It can be noted that the municipal sector has received the highest WSIB Schedule 1 rate increases compared to other Schedule 1 employers over the past few years.
AMO Contact: Monika Turner, Director of Policy, E-mail: [email protected], 416.971.9856 ext. 318.
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From: John Morgan Sent: April-12-18 9:24 PM To: Catherine LeMesurier Subject: Fwd: Safety Of Our Children
Sent from my iPad Begin forwarded message:
From: John Morgan Date: April 12, 2018 at 9:23:33 PM EDT To: [email protected] Subject: Safety Of Our Children
If the Mayor and Midland Town Council are to appear credible in their efforts to clean up the crime that is occurring at the Midland Public Library, then they must execute a plan to have increased surveillance of that property, both inside and out. By this I mean more cameras and more video surveillance evidence that will be readily available to police and the judicial system, in their efforts to prosecute and convict those responsible for committing crimes. I would also suggest that the Town of Midland and Police Services Board, in collaboration with the Ontario Provincial Police, assume more responsibility for the monitoring of any criminal activity that may be occurring on all Library computers that are accessible to the public. Anything less than this will not adequately protect the children and youth who enter that building and the Town of Midland would be in violation of the United Nations’ Convention On The Rights Of The Child (Article 33), which states that “Children have the right to protection from harmful drugs and from the drug trade.” Central to this Human Rights Code is the protection of the child from abuse, exploitation and all harmful activities and substances. I think it would be very prudent of the Town of Midland to make sure that every possible effort has been made to protect the safety of our children. Since drugs, prostitution, violence and crime flow freely in and out of the Midland Public Library, surveillance cameras on King Street and in the back laneways of the downtown core, would also serve to further prove that the Town of Midland is serious about protecting the lives of all citizens. Most important of all, Midland Council and Administration must listen to Library Staff and act immediately on any concerns and evidence they may have regarding the safety of Midland’s children. Sincerely, Mary Jane Morgan Midland, Ontario
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THE CORPORATION OF THE
TOWN OF MIDLAND
575 Dominion Avenue
Midland, ON L4R 1R2
Phone: 705-526-4275
Fax: 705-526-9971
April 13, 2018
DELIVERED VIA EMAIL TO [email protected]
www.ourmidland.ca
Dear Sir/Madam:
Re: Notice under s. 5(1) of the Libel and Slander Act, R.S.O. 1990, c. L. 12, as amended
I’m the Town Solicitor for the Town of Midland (the "Complainant").
Take notice that the Complainant complains of and objects to the false, malicious and defamatory publication on-line of and concerning the Town of Midland on April 3, 2018 on http://www.ourmidland.ca/news/council/savings-what-savings-hidden-sunshine-list-recipients- more-2018-04-03 and the publication of the words complained of, in whole or in part, in the article (the "Defamatory Words").
The Complainant intends to rely on the entirety of the Defamatory Words in support of its intended action, and all earlier and subsequent versions of the Defamatory Words published by www.ourmidland.ca (the "Defendant"). In particular, the Complainant complains of the words highlighted in Schedule "A" specifically the statement:
"Council Hiding Sunshine List Earners At Town Hall"
"Also missing from this list are the annual salaries for the Town Engineer, Director of Corporate Services, Director of Human Resources and the CEO for the Library who no doubt draw annual salaries in excess of $100,000? Midland’s town hall is full of ex-Innisfil staff and you won’t see their salaries disclosed on the Sunshine List in Midland…".
This statement is false. The Complainant states that The Town of Midland, as per the Public Sector Salary Disclosure Act, 1996 has disclosed the names, positions, salaries and total taxable benefits of all employees paid $100,000 or more in the 2017 calendar year, as employment income stated on their Canada Revenue Agency T4 slip.
The Defamatory Words are defamatory of the Complainant in their natural and ordinary meaning and by innuendo impute the commission of an illegal act.
The false statement concerning the Complainant was not responsibly reported. Given the serious effect of the Defamatory Words on the Complainant, the
THE CORPORATION OF THE
TOWN OF MIDLAND
575 Dominion Avenue Midland, ON L4R 1R2 Phone: 705-526-4275
Fax: 705-526-9971 [email protected]
Defendant had a proportionate duty to conduct adequate diligence to verify the statement before publication. The Defendant clearly breached this duty.
The Defendant's failure to conduct any meaningful diligence cannot be justified by any urgency in publication. Further, the Defamatory Words were not fairly reported by the Defendant as it: (1) named no source as support for the serious statement made against the Complainant; (2) failed to state that the truth of the statement had not been verified; (3) failed to set out both sides of the story fairly ; and (4) failed to provide the true context. The Complainant requires that the Defendant immediately remove the words:
"Council Hiding Sunshine List Earners At Town Hall"
"who no doubt draw annual salaries in excess of $100,000? Midland’s town hall is full of ex-Innisfil staff and you won’t see their salaries disclosed on the Sunshine List in Midland…"
from the article located at http://www.ourmidland.ca/news/council/savings-what-savings-hidden- sunshine-list-recipients-more-2018-04-03 and publish on its website, www.ourmidland.ca a full apology and retraction in the form attached hereto as Schedule "B". We demand that you retain copies of all notes, drafts and all other documents of and concerning the Complainant and the Defamatory Words in your possession, control or power. The Plaintiff intends to commence an action against you in respect of the Defamatory Words, and reserves all rights in this regard.
Yours truly,
Amanpreet Singh Sidhu Town Solicitor, Town of Midland 575 Dominion Avenue Midland, Ontario - L4R 1R2 P 705.526.4275 ext. 2209
THE CORPORATION OF THE
TOWN OF MIDLAND
575 Dominion Avenue Midland, ON L4R 1R2 Phone: 705-526-4275
Fax: 705-526-9971 [email protected]
Schedule "A" A number of new curiosities have drawn our interest this past month. Hopefully these curiosities will spark some interest from the Midland taxpayers and perhaps may even lead to some truthful answers from Midland Council and/or the Senior Administrative staff: The TRUE costs of disbanding Midland Police Service Now that the arbitration process has been completed for those individuals who were previously employed by the Midland Police Services, when will the Midland taxpayers learn the actual true financial costs for the total severance packages compared with the original amount budgeted for these costs in the financial comparisons used to rate the MPS costs vs. OPP costs? 2018 Enormous Tax Increases – Council Working Backwards Municipal budget drafts normally are first presented with a higher projected increase in the first draft then gradually reduced when Council starts to make the hard decisions. We are very curious why the Town of Midland seems to be the exact opposite? The first budget draft had a projected Midland tax increase in 2018 of 2.37% however, the latest version (March 22, 2018) contains an increase of 3.58%! In addition to this increase, there will be a projected 6% increase in Water and Wastewater rates in 2018 (and subsequent years). Why? Hiring Freeze Myth The Town of Midland has reportedly been under a hiring freeze for the past number of years. Since the recent posting of six jobs (four of which appear to be new positions), we can only surmise the hiring freeze is a hoax? (these new positions are in addition to new positions previously reported) More Closed Meeting Abuses By Council The March 21 agenda for the Town’s Human Resources Committee makes us curious how and when this committee reports to Council in an open public transparent setting? Which would also mean reporting to the Midland taxpayer? “Closed” agenda items included “Corporate Capacity” and “Labour Relations Update” (if someone can explain what “Corporate Capacity” means, please do so). The “Open” agenda items included Service Delivery Review, Performance Reviews, Recruitment Update and Policy Development (Code of Conduct). Surely these items will be reported in an open transparent manner? A Special Council meeting agenda for March 22 was a closed meeting with the only agenda item being “Potential Investing of Property”. We are curious what this means if only because we have no trust in this Council…. Council Hiding Sunshine List Earners At Town Hall Every year, the Province releases the so-called “Sunshine List” that includes staff who earn over $100,000 in the Municipal sectors. The list from the Town of Midland has fifteen positions with the top one being the Director of Finance/Treasurer at $142,321. We are curious why there is no mention of the Chief Administrative Officer when we understand his annual salary is over $180,000? Does the fact that this person is employed through a contract negate the reporting requirements? Also missing from this list are the annual salaries for the Town Engineer, Director of Corporate Services, Director of Human Resources and the CEO for the Library who no doubt draw annual salaries in excess of $100,000? Midland’s town hall is full of ex-Innisfil staff and you won’t see their salaries disclosed on the Sunshine List in Midland… https://www.simcoe.com/news-story/8353664-innisfil-sunshine-list-has-urban-salaries-in-rural-setting
THE CORPORATION OF THE
TOWN OF MIDLAND
575 Dominion Avenue Midland, ON L4R 1R2 Phone: 705-526-4275
Fax: 705-526-9971 [email protected]
Undisclosed Perks For New Town Senior Staffers More curiosities from a recent Freedom of Information Request include: why does the CAO have eight weeks time off? How did the Director of Human Resources start at Step four (new staff normally start at step one) , have four weeks vacation, move to step five in only six months and start receiving benefits on her first day instead of the normal six month waiting period? The Manager of Water and Wastewater opted out of the Town’s extended health benefits and OMERS however the Town will provide a financial payment totalling the cost of these benefits to the employee? This employee also has six weeks vacation plus received a “signing bonus” (which was blanked out)? Other perks are driving a town owned vehicle back and forth to home in Innisfil and being caught filling up a personal vehicle at public works gas pumps… at the taxpayers expense. Town To Fund Private Security For Library? Two budget curiosities drew our attention: there is a new $90,000 cost in the Library budget for 2018 for “Security on a Permanent Basis” – can anyone explain and justify this new expense? Secondly, it would appear the $50,000 new budget cost in 2018 for “Community Justice and Safety” is being funded totally from revenue from a “Fund from future Police Savings”. We are curious what accountant and/or auditor would even suggest that funding a new expense from “projected future savings” is legal and an accepted accounting practice….. These (and previously reported curiosities) are both puzzling and troubling. The Midland taxpayers have an expectation that our elected members of Council will make the best decisions in an open , transparent and accountable manner. The more we see this Council and Senior Staff in action, the more we look forward to seeing a completely new line up on Midland Town Council at this years elections – the responsibility is in the hands of the Midland taxpayers, we are curious to see whether or not the good people of Midland will take this responsibility seriously….
THE CORPORATION OF THE
TOWN OF MIDLAND
575 Dominion Avenue Midland, ON L4R 1R2 Phone: 705-526-4275
Fax: 705-526-9971 [email protected]
Schedule "B"
On April 3, 2018, www.ourmidland.ca published an article titled "Savings…What Savings? Hidden Sunshine List Recipients & More" online at http://www.ourmidland.ca/news/council/savings-what-savings-hidden-sunshine-list-recipients- more-2018-04-03. In this article, under the heading "Council Hiding Sunshine List Earners At Town Hall", it was stated that
"Council Hiding Sunshine List Earners At Town Hall"
“Midland’s town hall is full of ex-Innisfil staff and you won’t see their salaries disclosed on the Sunshine List in Midland…."
Upon further review of this statement, we have concluded that the statement was false, misleading, irresponsibly reported and unfair. We have now removed the statement from the article. www.ourmidland.ca sincerely apologizes without reservation for the statement published concerning the Town of Midland, Council and Administration, and apologize for any harm caused to the Town of Midland, Council and Administration.
Website: www.amherstburg.ca
271 SANDWICH ST. SOUTH, AMHERSTBURG, ONTARIO N9V 2A5
Phone: (519) 736-0012 Fax: (519) 736-5403 TTY: (519)736-9860
April 13, 2018 VIA EMAIL Association of Municipalities of Ontario (AMO) 200 University Avenue, Suite 801 Toronto, ON M5H-3C6 Email: [email protected] Rural Ontario Municipal Association (ROMA) 200 University Avenue, Suite 800 Toronto, ON M5H-3C6 Email: [email protected] Re: Offering School Property to Municipalities At the Regular meeting of April 9th, 2018, Amherstburg Town Council passed the following:
Resolution # 20180409-107 “That a letter BE SENT in support of the Town of Essex's resolution regarding offering closed school properties to municipalities for one dollar.”
Regards,
Tammy Fowkes Deputy Clerk cc: Ontario Municipalities enlc: Town of Essex correspondence dated February 1, 2018
______________________________________________________________________________ CIP 1 MARCH 2018 BUILDING REPORT April 20, 2018 Report No. BD-2018-03
STAFF REPORT
DEPARTMENT: Planning and Building Services CHAIR: Councillor G. Canning DATE: April 17, 2018 REPORT NO.: BD-2018-03 – March 2018 Building Report RECOMMENDATION: That the March 2018 Building Report be received as information. BACKGROUND: The following report is a building activities comparison for March 2017 and March 2018. ANALYSIS:
______________________________________________________________________________ CIP 2 MARCH 2018 BUILDING REPORT April 20, 2018 Report No. BD-2018-03
2017 2018
Permitted Building Inspections 151 131Non-Permitted Building Inspections 2 2Penetanguishene Joint Service Inspections 79 104Septic System Maintenance Inspections 0 2Total Building Inspections for March 232 239Year to Date 594 377
Inspections Conducted
SUSTAINABILITY: This report has no impact on the Sustainability Plan. CONCLUSIONS: A total of 25 building permits were issued in the month of March 2018 totaling a construction value of $1,308,700.00, compared to 19 building permits with a construction value of $1,533,340.00 in March 2017. FINANCIAL IMPACT: There is no financial impact. Prepared by: Terry Paquette, Chief Building Official Reviewed by: Wes Crown, Director of Planning and Building Services Attachments
1. Building Analysis - Year to Date 2018 2. Building Permits New - March 2018 3. Building Permits Closed - March 2018 4. Housing Starts to Date - 2018
TYPE OF BUILDINGTotal to DateJuneTotal to DateMayTotal to DateAprilTotal to DateMarchTotal to DateFebruaryTotal to DateJanuaryTYPE OF BUILDING
0.000.000.000.000.000.00947,790.00500,000.00447,790.00447,790.000.000.00
000000211100Residential SingleFamily (New)
0.000.000.000.000.000.00670,600.00285,000.00385,600.00127,100.00258,500.00258,500.00
000000261313588Residential(Alt/Adds)
0.000.000.000.000.000.000.000.000.000.000.000.00
000000000000Residential Multi(New)
0.000.000.000.000.000.000.000.000.000.000.000.00
000000000000Residential Multi(Alt/Adds)
0.000.000.000.000.000.00170,000.000.00170,000.00170,000.000.000.00
000000202200Commercial (New)
0.000.000.000.000.000.00397,200.00172,200.00225,000.0011,000.00214,000.00214,000.00
0000001165233Commercial(Alt/Adds)
0.000.000.000.000.000.000.000.000.000.000.000.00
000000000000Industrial (New)
0.000.000.000.000.000.000.000.000.000.000.000.00
000000000000Industrial (Alt/Adds)
0.000.000.000.000.000.000.000.000.000.000.000.00
000000000000Institutional (New)
0.000.000.000.000.000.00396,000.00346,000.0050,000.0050,000.000.000.00
000000431100Institutional(Alt/Adds)
0.000.000.000.000.000.000.000.000.000.000.000.00
000000000000Demolitions
0.000.000.000.000.000.000.000.000.000.000.000.00
000000000000Pools
0.000.000.000.000.000.0029,350.005,500.0023,850.002,150.0021,700.0021,700.00
000000927433Signs
0.000.000.000.000.000.000.000.000.000.000.000.00
000000000000Septics
0.000.000.00$0.000.000.002,610,940.001,308,700.001,302,240.00808,040.00494,200.00494,200.00
000000542529151414
TOTALS
Page 1 of 2Ver. MIDLAND|FR4.0/DX16.1.7/20180409/1Date : April 11, 2018 11:34 AM
BUILDING DIVISION575 DOMINION AVE.MIDLAND, ONTARIOPhone: 705-526-4275Fax: 705-526-9971
BUILDING PERMIT ANALYSIS - 2018
TOWN OF MIDLAND
March 2018
TOWN OF MIDLAND BUILDING DIVISION575 DOMINION AVE.MIDLAND, ONTARIOPhone: 705-526-4275Fax: 705-526-9971
NEW MONTHLY BUILDING PERMITS
PERMIT VALUEDESCRIPTION OF WORKMUNICIPAL ADDRESSPERMIT NO
$13,000.00CREATE ENCLOSED FRONT ENTRY1026 VICTORIA ST18/5309
$50,000.00CREATE SECOND UNIT IN SINGLE FAMILY DWELLING289 SEVENTH ST18/5310
$60,000.00CHANGE FROM SFD TO DUPLEX543 NELSON ST18/5311
$7,000.00REPLACE WATER LINE FROM PROPERTY LINE TO HOUSE
163 EIGHTH ST18/5312
$15,000.00REPLACE EXISTING DECK178 GRIFFIN CRT18/5313
$500.00TEMP SIGN FOR GYMFINITY MARCH 1-APRIL 30/189226 COUNTY RD 9318/5314
$10,000.00BUILD 16' X 26' DETACHED GARAGE1031 GLEN EAGLES CRES18/5315
$10,000.00
1 1/2" WATER METER AND 3" WATER METER
865 HUGEL AVE18/5316
$80,000.00SEASONAL GARDEN CENTRE IN PARKING LOT TO OPERATE FROM MARCH 20-AUGUST 1, 2018
16775 HWY 1218/5317
$86,000.00INSTALL MULTIPLE MAG LOCK DEVICES ON EXISTING DOORS AND APPROPRIATE FIRE ALARM DEVICES TO RELEASE MAG LOCKS
1112 ST ANDREWS DR18/5318
$3,200.00CHANGE OF USE - PLUMBING ONLY188 YONGE ST18/5319
$40,000.00CREATE SECOND UNIT IN SINGLE FAMILY DWELLING689 BAYVIEW DR18/5320
$20,000.00KITCHEN RENOVATION - UPGRADE EXTERIOR WALL INSULATION TO R14 (R24 TOTAL)
430 QUEEN ST18/5321
$500,000.00BUILD SINGLE FAMILY DWELLING643 ABERDEEN BLVD18/5322
$5,000.00REPLACE DECK90 FOURTH ST18/5323
Page 1 of 2April 12, 2018 10:28 AMDate : Ver. : MIDLAND|FR4.0/DX16.1.7/20171220/1
PERMIT VALUEDESCRIPTION OF WORKMUNICIPAL ADDRESSPERMIT NO
$30,000.00INTERIOR FIT UP FOR LAWYER'S OFFICE 9225 COUNTY RD 9318/5324
$500.00TO REVERSE PERMIT #16/4461 (SECOND UNIT) AND CHANGE BACK TO SINGLE FAMILY DWELLING
1090 HARBOURVIEW DR18/5325
$40,000.00CHANGE OF USE TO WHOLESALE SPACE & RETAIL CAFE
542 BAY ST18/5326
$10,000.00CHANGE OF USE - REAR UPPER UNIT BEING CONVERTED TO APARTMENT
357 KING ST18/5327
$55,000.00RENOVATE FINISHES, CHANGE ROOFLINE, ADD ENSUITE WASHROOM
798 DOMINION AVE18/5328
$9,000.00TEMPORARY TENT STRUCTURE FOR SEASONAL GARDEN CENTRE FROM APR 15-JUL 15/18
9292 COUNTY RD 9318/5329
$2,000.00PORCH RENOVATION752 PORTAGE PARK LANE18/5330
$7,500.00REMOVE EXT'G ELEVATING DEVICE, REPAIR FLOOR JOISTS, REMOVE EXISTING ACCESSIBLE RAMP, BUILD DECK STAIRS
815 MONTREAL ST18/5331
$5,000.00TWO FASCIA SIGNS FOR FRONT AND BACK OF BUSINESS
16825 HWY 1218/5332
$250,000.00***FRAME & SHELL*** TWO STOREY, STEEL FRAME OFFICE BUILDING
287 BAYSHORE DR18/5333
$1,308,700.00TOTAL PERMIT VALUE:
TOTAL PERMIT COUNT: 25
Page 2 of 2April 12, 2018 10:28 AMDate : Ver. : MIDLAND|FR4.0/DX16.1.7/20171220/1
March 2018
CLOSED MONTHLY BUILDING PERMITS
BUILDING DIVISION575 DOMINION AVE.MIDLAND, ONTARIOPhone: 705-526-4275Fax: 705-526-9971
TOWN OF MIDLAND
PERMIT NO PERMIT APPLIED FORDATE CLOSEDPROJECT LOCATIONROLL NO
REPAIRS TO STAIRS ON NORTH SIDE OF LIBRARY, INCLUDING HANDRAIL
03/13/201800320 KING ST15/4199010003020000000
BUILD SFD - THE HURONIA (MODIFIED), 3 BEDROOM, ELEVATION "A", NO WALKOUT
03/13/201800426 RUSS HOWARD DR16/4604010009236640000
TO INSTALL A NEW CLASS 4 SEPTIC SYSTEM03/15/201800585 FULLER AVE16/4632040001185010000
INSTALL NEW CLASS 4 SEPTIC SYSTEM03/15/201801074 VILLA DR16/4722040001136010000
INSTALL A NEW 4500 LITRE SEPTIC TANK, RMT 1060 POLYETHYLENE, TO REPLACE OLD TANK
03/15/201801251 EVERTON RD16/4751040001101000000
REPLACE EXISTING TANK WITH NEW 4500L ROTH RMT 1060 SEPTIC TANK
03/15/201801504 GOLF LINK RD16/4752030001365000000
REPLACE SEPTIC TANK03/15/201800461 MUNDYS BAY RD17/4979040002445000000
REPLACE EXISTING SEPTIC TANK WITH A NEW RMT-1250 4766 L SEPTIC TANK
03/15/201800476 PARKVIEW CRT17/5026040001183140000
REPAIRS AND RENOVATIONS TO RENTAL UNIT, NEW STEEL STAIRS AND RAILING AT REAR OF BUILDING
03/13/201800267 KING ST17/5155020003023000000
RAISE HOUSE AND ADD TWO ROWS OF BLOCK, CREATE SECOND UNIT IN BASEMENT
03/13/201800140 FIFTH ST17/5166010005052000000
DEMOLISH DETACHED GARAGE DAMAGED BY FIRE
03/13/201800634 YONGE ST17/5153010006147000000
REMOVAL OF LOAD BEARING WALL AND ADDITION OF BEAM, RENOVATE MAIN FLOOR KITCHEN AND BATH, INSTALL 2 NEW EXTERIOR DOORS
03/13/201800811 DOMINION AVE17/5180010012014000000
Page 1 of 2Date : Ver. :April 3, 2018 3:13 PM MIDLAND|FR4.0/DX16.1.7/20171220/1
PERMIT NO PERMIT APPLIED FORDATE CLOSEDPROJECT LOCATIONROLL NO
RETROFIT EXISTING 800 GALLON SEPTIC TANK WITH EFFLUENT FILTER AND INSTALL A NEW 300 SF FILTER BED TO SERVICE EXISTING HOUSE
03/15/201801101 EVERTON RD17/5162040001113000000
CREATE SECOND UNIT IN SFD03/13/201800234 SCOTT ST17/5229020009167000000
3/4" WATER SERVICE (MUNICIPEX) BETWEEN BUILDINGS, REMOVING 1 WATER METER
03/13/201800202 FIRST ST17/5245010001005000000
CREATE SECOND UNIT IN SFD - UNIT 1 1460 SF, UNIT 2 990 SF
03/13/201800095 FIFTH ST17/5261010004026000000
TEMP SIGN FOR GYMFINITY NOV 8-DEC 7/1703/13/201809226 COUNTY RD 9317/5240030001274000000
TEMPORARY SIGN FROM NOV 16-DEC 15/1703/13/2018HWY 1217/5244010011090070000
FASCIA SIGN ON BARN - 1.08 SQ METRES03/13/201801249 ANGELA SCHMIDTFOSTER RD
18/5301030001195000000
TOTAL CLOSED PERMITS: 19
Page 2 of 2Date : Ver. :April 3, 2018 3:13 PM MIDLAND|FR4.0/DX16.1.7/20171220/1
From: OPP News Portal [mailto:[email protected]] Sent: Monday, April 16, 2018 1:35 PM Subject: News release from the OPP - Area Drivers Heed Weekend Weather and Driving Cautions A new media release has been made by the OPP for Southern Georgian Bay. The release content is below. If you wish to unsubscribe from these alerts, log into the OPP News Release Portal and select "Manage Account". FROM/DE: Southern Georgian Bay Detachment DATE: April 16, 2018 Area Drivers Heed Weekend Weather and Driving Cautions (MIDLAND, ON) -Members of the Southern Georgian Bay Detachment of the Ontario Provincial Police responded to a relatively small number of traffic incidents over the April 13-15, 2018 period despite the unseasonable weather and roads conditions. Officers responded to 9 motor vehicle crashes which consisted mostly of vehicles into the ditch or minor property damage type incidents. Motorists were well informed by radio, television and social media broadcasts over the weekend so as to be able to plan ahead and limit their driving along with driving to the road conditions. The following links will assist those who are unable to locate traffic, road and weather information easily. http://www.mto.gov.on.ca/english/publications/pdfs/road-talk-newsletter-winter-2017.pdf http://www.mto.gov.on.ca/english/traveller/trip/511IsChanging.shtml https://www.simcoe.ca/dpt/trs/conditions https://www.muskokaregion.com/news-story/5248455-live-muskoka-traffic-and-road-conditions/ https://weather.gc.ca/forecast/canada/index_e.html?id=on Police remind motorists that an essential part of the enforcement job is to save lives and reduce injuries on our trails, roadways and waterways. Educating the public about safe driving practices is a priority and we appreciate calls from the motoring public to assist in this enforcement job. -30- Media Contact Provincial Constable David Hobson 705-733-5440 [email protected] @OPP_CR
From: OPP News Portal [mailto:[email protected]] Sent: Friday, April 13, 2018 5:25 PM Subject: News release from the OPP - OPP Seeking Public Assistance Locating Stolen Shingle Hoist A new media release has been made by the OPP for Southern Georgian Bay. The release content is below. If you wish to unsubscribe from these alerts, log into the OPP News Release Portal and select "Manage Account". FROM/DE: Southern Georgian Bay Detachment DATE: April 13, 2018 OPP Seeking Public Assistance Locating Stolen Shingle Hoist (GEORGIAN BAY TOWNSHIP, ON.)- Members of the Southern Georgian Bay Detachment of the Ontario Provincial Police (OPP) were dispatched in the morning of Apr 13, 2018 to a theft report of a shingle power hoist valued at over $4000.00 (please see attached similar photograph). The Marathon shingle power hoist is 16' in length, silver in colour and has a green Honda motor attached to it. The hoist was removed at 1:05am April 13, 2018 from a the property of a house under construction in the Links Trail subdivision off Honey Harbour Road in Georgian Bay Township. Police are asking anyone with information to contact the OPP at 1-888-310-1122 or Crime Stoppers at 1-800-222-TIPS (8477). You can submit your information online at www.crimestopperssdm.com or if you have any information on this crime or any other crime. Crime Stoppers does not subscribe to call display and you will remain anonymous. Being anonymous, you will not testify in court and your information may lead to a cash reward of up to $2,000.00. Members of the Southern Georgian Bay Detachment of the Ontario Provincial Police are committed to public safety, delivering proactive and innovative policing in partnership with our communities. Officers value your contribution to building safe communities. - 30 - Contact: Provincial Constable David Hobson - Southern Georgian Bay OPP Cell- (705) 733-5440 E-Mail: [email protected] Web: www.opp.ca Twitter- @OPP_CR Dispatch: 1-888-310-1122
From: OPP News Portal [mailto:[email protected]] Sent: Monday, April 16, 2018 1:00 PM Subject: News release from the OPP - DRUG-RELATED OVERDOSES ON THE RISE A new media release has been made by the OPP for Southern Georgian Bay. The release content is below. If you wish to unsubscribe from these alerts, log into the OPP News Release Portal and select "Manage Account".
FROM/DE: Central Region Headquarters DATE: April 13, 2018
DRUG-RELATED OVERDOSES ON THE RISE (ORILLIA, ON) - The Ontario Provincial Police (OPP) is urging residents to be aware that using illicit drugs could result in a deadly outcome. This warning comes in the wake of an increase in suspected drug related overdose deaths in the Orillia area in the last month. On February 27, 2018, the local health unit issued a warning to the public after hospitals in Barrie and Bracebridge experienced an increase number of suspected drug-related overdoses. The culprit is believed to be bootleg fentanyl, a powerful and dangerous opioid that is being mixed into many illegal street drugs. This results in users unknowingly overdosing on fentanyl. If you choose to use illicit opioids or other illegal drugs, know your source, understand the risks, know the signs of overdose and get help for yourself or a friend if needed. Don't do drugs alone. More information on symptoms and responding to an opioid overdose can be found on the health unit's website at smdhu.org/stopoverdoses. Anyone who encounters a person who appears to be in a state of overdose should immediately call 9-1-1. Take-home Naloxone kits and training are available free and without a prescription for people at risk of overdose and for their family and friends. Naloxone can be obtained from the Simcoe Muskoka District Health Unit by calling 705-721-7520 or by visiting a participating pharmacy . - 30 - Contact: Sergeant Peter Leon Phone: 705-330-3713 or [email protected] opp.ca TWITTER: @OPP_CR
From: OPP News Portal [mailto:[email protected]] Sent: Friday, April 13, 2018 4:00 PM Subject: News release from the OPP - OPP Seeking Public Assistance Locating Bear Carvings
A new media release has been made by the OPP for Southern Georgian Bay. The release content is below. If you wish to unsubscribe from these alerts, log into the OPP News Release Portal and select "Manage Account".
FROM/DE: Southern Georgian Bay Detachment
DATE: April 13, 2018
OPP Seeking Public Assistance Locating Bear Carvings
(GEORGIAN BAY, TOWNSHIP, ON.)- Members of the Southern Georgian Bay Detachment of the Ontario Provincial Police (OPP) were dispatched in the morning of Apr 12, 2018 to a theft report of a several hand made bear carvings valued at over $3200.00 (please see attached photograph).
These carvings were unlawfully removed from the front lawn of a home on Honey Harbour Road, Georgian Bay Township between 3:00pm March 28 and 10:00am April 12, 2018.
Police are asking anyone with information to contact the OPP at 1-888-310-1122 or Crime Stoppers at 1-800-222-TIPS (8477). You can submit your information online at www.crimestopperssdm.com or if you have any information on this crime or any other crime. Crime Stoppers does not subscribe to call display and you will remain anonymous. Being anonymous, you will not testify in court and your information may lead to a cash reward of up to $2,000.00.
Members of the Southern Georgian Bay Detachment of the Ontario Provincial Police are committed to public safety, delivering proactive and innovative policing in partnership with our communities. Officers value your contribution to building safe communities.
- 30 -
Contact: Provincial Constable David Hobson - Southern Georgian Bay OPP
Cell- (705) 733-5440 E-Mail: [email protected] Web: www.opp.ca Twitter- @OPP_CR Dispatch: 1-888-310-1122
From: OPP News Portal [mailto:[email protected]] Sent: Wednesday, April 18, 2018 3:17 PM Subject: News release from the OPP - OPP and Canadian Coast Guard Warn Ice Surface Users That Spring Icebreaking Operations Continue on Georgian Bay of Midland Bay and its Approaches A new media release has been made by the OPP for Southern Georgian Bay. The release content is below. If you wish to unsubscribe from these alerts, log into the OPP News Release Portal and select "Manage Account". FROM/DE: Southern Georgian Bay Detachment DATE: April 18, 2018 OPP and Canadian Coast Guard Warn Ice Surface Users That Spring Icebreaking Operations Continue on Georgian Bay of Midland Bay and its Approaches (MIDLAND, ON)- The Canadian Coast Guard advises residents of Midland, Ontario on southern Georgian Bay that icebreaking operations will resume on or about Saturday April 21, 2018. This is to allow commercial vessels safe and efficient movement into and out of the Midland Harbour. The Canadian Coast Guard Ship Griffon is scheduled to conduct icebreaking operations. The date of April 21 is subject to change with no notice, as activities could begin before or after that period, depending on operational requirements or weather conditions. It is recommended that all recreational users of the ice - pedestrians, fishers, snowmobilers, all-terrain vehicle (ATV) operators - leave the ice during icebreaking operations. The ice may move, creating a real danger for anyone on the ice. Additionally, they should plan their activities carefully and use extreme caution after operations are complete as the ice will remain unstable after the icebreaker has left the area. Coast guard icebreaking service on the Great Lakes and connecting waterways is delivered in close co-operation between the Canadian and United States Coast Guards. By working together the two Coast Guards ensure scheduled vessel traffic can move through the shipping channels and into and out of community harbours. Details of the Canadian/U.S. Coast Guard icebreaking partnership can be viewed, here. - 30 - FOR MORE INFORMATION: Fisheries and Oceans Canada Central and Arctic Region Media Relations (204) 984-4715 [email protected] For more information about the Canadian Coast Guard, visit www.ccg-gcc.gc.ca. Like us on Facebook https://www.facebook.com/CanadianCoastGuard Follow us on Twitter! www.twitter.com/ccg_gcc OPP Media Contact Provincial Constable David Hobson 705-733-5440 [email protected] Twitter @OPP_CR
MEMORANDUM
To: Council From: Official Plan Review Steering Committee Subject: Official Plan Review Pause – Phase 2 Date: April 16, 2018 On May 18th the Province provided notice under its Coordinated Review Process that it had approved the four new Provincial Plans (Growth Plan, Greenbelt Plan, Oak Ridges Moraine Conservation Plan, and Niagara Escarpment Plan) and that the Growth Plan for the Greater Golden Horseshoe 2017 (Growth Plan 2017) came into effect on July 1st. As Council is aware, the Town of Midland is only covered by the Growth Plan of the four Provincial Plans.
As Council will recall, it considered and approved recommendations from its OPR Steering Committee as set out in Staff Report PL-2017-48 dated July 12, 2017 at its July 24, 2017 regular meeting to “Pause” the Official Plan Review project. The “Pause” was intended, in light of the release and approval of the new Growth Plan and the obligations for conformity, that the Town would address the policy issues in the new Growth Plan in a methodical and comprehensive manner and would better and more fully engage local residents in the OPR process. The ‘Pause’ incorporates two Phases; Phase 1 is an expanded scope of work and public engagement focused uniquely on the proposed Natural Heritage System; Phase 2 is a 2017 Growth Plan conformity exercise. On January 11, 2018 your OPR Steering Committee reports on the completion of Phase 1 of the “Pause” and the commencement of Phase 2 of the OPR Pause. Your OPR Steering Committee met on April 11, 2018 to review the Memorandum dated March 15, 2018 from The Planning Partnership with respect to the Review of the 2017 Growth Plan and Implications for Midland’s new Official Plan. The OPR Committee directed Staff to work with the Consultant to prepare a newsletter and to schedule a Public Information Meeting (PIM) to provide an update on the 2017 Growth Plan’s Implications for Midland’s new Official Plan and the proposed strategy to address the required conformity. Notice of the PIM will be provided in accordance with the Town’s public engagement and consultation policies and is scheduled tentatively for late June. Notice of the PIM and available reports and materials will be provided directly to Council.
2
Once the two phases of the ‘Pause’ are complete, the OPR process would proceed with its final stages, including the statutory Public Open House and statutory Public Meeting, leading to the adoption of the new Official Plan for the Town of Midland in spring 2019. Respectfully Submitted, Wesley Crown, MCIP, RPP Director of Planning and Building Services Attachment #1
The Planning Partnership Urban Design, Landscape Architecture, Planning, Communications
t 416.975.1556 www.planpart.ca 1255 Bay Street, Suite 500 Toronto, Ontario, M5R 2A9
Page 1 of 12
MEMORANDUM
To: Town of Midland
From: The Planning Partnership
Date: March 15, 2018
Subject: DRAFT – Review of the 2017 Growth Plan and Implications for Midland’s new Official Plan
The 2017 Growth Plan for the Greater Golden Horseshoe (2017 Growth Plan), which came into effect on July
1 2017, introduces a new provincial policy framework to guide planning decisions. Planning decisions,
including the future approval of Midland’s new Official Plan, must be in conformity with this Plan. As
Midland’s new Official Plan was drafted prior to the release of the 2017 Growth Plan, revisions to the draft
document will be required.
However, Midland’s Official Plan must also be in conformity with Simcoe County’s Official Plan, which was
approved by the OMB at the end of 2016, and which therefore precedes the 2017 Growth Plan changes. In
particular, the County Official Plan does not reflect the updated growth management policies with respect
to intensification and greenfield density targets, as well as the requirement for a number of comprehensive
studies to guide future planning decisions. As a result, Simcoe County will be going through its own
Municipal Comprehensive Review process to bring its Official Plan into conformity with the 2017 Growth
Plan over the next two to three years.
To guide lower-tier municipalities which are currently going through their Official Plan Review processes (to
2031), the County has produced a “Conformity Checklist” which outlines those policies of the 2017 Growth
Plan that lower-tier municipalities do not have to address during the current conformity exercises. These
identified policies either must first be implemented by the County through its Municipal Comprehensive
Review, will be implemented by the Province, or are subject to further guidance/information from the
Province. These policies therefore do not need to be considered for Midland’s current new Official Plan,
and will be addressed when Midland updates its Official Plan to bring it into conformity with Simcoe
County’s Official Plan when it has been brought into full conformity with the 2017 Growth Plan.
Page 2 of 12
As a result of the above, Midland may proceed by way of conforming to the 2017 Growth Plan ‘to the extent
possible’, while also being in conformity with the current County Official Plan. Therefore some areas, such
as intensification and density targets, will not be updated to the current 2017 Growth Plan levels at this
time.
The discussion below outlines the key areas where the 2017 Growth Plan policies will require revisions to
Midland’s new Official Plan to ensure conformity “to the extent possible”, organized by 2017 Growth Plan
chapter. These revisions are also summarized in a table included as an attachment to this memorandum.
This memorandum only addresses those policies which are relevant to the Town of Midland.
General
A significant number of terminology and definition changes were introduced in the 2017 Growth Plan. It will
be necessary to review the entire Plan and ensure that all terms are revised to reflect these changes. While
a significant shift in terminology has occurred with the 2017 Growth Plan, it is recommended that the
current approach of referring readers to the County Official Plan and applicable Provincial documents for
relevant definitions be maintained. This ensures that the amount of duplication with upper level plans is
minimized and reduces the complexity of the upkeep of Midland’s Official Plan, should any of the
definitions be revised by the County or Province.
Considering that the County is currently undertaking a Municipal Comprehensive Review which will result in
numerous significant policy updates and introduce new policy frameworks, and that Midland would then
have to review and update its Official Plan accordingly, Midland should consider including a section or policy
identifying this study, its components and the implications. This will provide a ‘heads up’ that additional
changes will be coming soon.
2.0 Where and How to Grow
Chapter 2.0 addresses the key growth management topics, including the structure of delineated built-up
areas, urban growth centres, transit corridors and station areas, designated greenfield areas and rural
areas. Considering that Midland’s settlement area boundary is aligned with its municipal boundary and that
significant growth management matters are the responsibility of the County, the key policies which may
require revisions to Midland’s new Official Plan are generally limited to those addressing employment uses
and housing. It should be noted however, that the ongoing obligation to plan for the forecasted and
allocated population and employment growth to 2031 will require that Midland’s new Official Plan continue
to address growth management matters at this time, including focusing growth in delineated built up areas,
strategic growth areas and areas with existing or planned transit and community service facilities, and
otherwise in accordance with the existing County Official Plan.
Page 3 of 12
Additionally, under the requirement for a strategy to achieve the minimum intensification target (which was
an existing policy), there is a new requirement to:
- Prioritize planning and investment in infrastructure and public service facilities that will support
intensification (2.2.2.4.e)).
Notwithstanding the above, the 2017 Growth Plan also provides stronger guidance with respect to the
achievement of complete communities (2.2.1.4), including: diverse uses, improved quality of life and social
equity, a range of housing options, convenient access to transportation networks, trails/open space and
healthy food, high quality built form and public realm, climate change mitigation and resiliency and the
integration of green infrastructure/low impact development. While many of these elements are already
included in the policies of Midland’s new Official Plan, it will be important to ensure that their language and
policy strength properly reflect the intent of the 2017 Growth Plan.
The 2017 Growth Plan expands on the policies addressing ‘Employment’, and introduces the following
requirements:
- Economic development and competitiveness in the GGH will be promoted by:
• Making more efficient use of existing employment areas and vacant and underutilized
employment lands and increasing employment densities;
• Planning to better connect areas with high employment densities to transit; and
• Integrating and aligning land use planning and economic development goals and strategies to
retain and attract investment and employment (2.2.5.1.a)c)d)).
- Retail and office uses will be directed to locations that support active transportation and have existing
or planned transit (2.2.5.3.).
- In planning for employment, surface parking will be minimized and the development of active
transportation networks and transit-supportive built form will be facilitated (2.2.5.4.).
- Upper- and single-tier municipalities, in consultation with lower-tier municipalities, the Province, and
other appropriate stakeholders, will each develop an employment strategy that:
• Establishes a minimum density target for all employment areas, measured in jobs per hectare,
that reflects the current and anticipated type and scale of employment that characterizes the
employment areas and aligns with policy 2.2.5.1;
• Identifies opportunities for the intensification of employment areas on sites that support
active transportation and are served by existing or planned transit; and
Page 4 of 12
• Will be implemented through a municipal comprehensive review, including official plan
policies and designations and zoning by-laws (2.2.5.5.).
Midland will need to review and update its Official Plan based on the County Employment Strategy,
once it has been completed.
- Municipalities will plan for all employment areas within settlement areas, with the exception of
any prime employment areas, by:
• Prohibiting residential uses and limiting other sensitive land uses that are not ancillary to the
primary employment use;
• Prohibiting major retail uses or establishing a size or scale threshold for any major retail uses
that are permitted and prohibit any major retail uses that would exceed that threshold; and
• Integrating employment areas with adjacent non-employment areas and developing vibrant,
mixed-use areas and innovation hubs, where appropriate (2.2.5.7.).
- The retail sector will be supported by promoting compact built form and intensification of retail and
service uses and areas and encouraging the integration of those uses with other land uses to support
the achievement of complete communities (2.2.5.12.).
The above policies will not require significant revisions to Midland’s new Official Plan, but rather minor
refinements to further emphasize the role of active transportation and transit in employment and
commercial areas, as well as promoting further intensification of such uses. The 2017 Growth Plan also
introduced more specific policies for the planning of employment areas such as protections from non-
compatible uses. Midland’s new Official Plan already conforms to these requirements, with the exception
of adding more specific language regarding the integration of employment areas with adjacent areas,
where appropriate.
The 2017 Growth Plan now prohibits the conversion of employment areas to non-employment uses, except
through a municipal comprehensive review undertaken by the upper tier municipality. It is important to
note that while Midland’s new Official Plan includes the reclassification of some lands from “Employment
Areas” to “Commercial Corridor”, this does not constitute an employment area conversion as envisioned by
the 2017 Growth Plan. As the existing “Employment Areas” designation was used by the Town for all
employment and commercial land not located within the traditional downtown area, those lands that will
be reclassified “Commercial Corridor” always contained, or were intended to be developed with
commercial uses.
New housing policies are limited in their applicability to Midland’s context, but the following must be
included in Midland’s new Official Plan:
Page 5 of 12
- To support the achievement of complete communities, municipalities will consider the use of available
tools to require that multi-unit residential developments incorporate a mix of unit sizes to
accommodate a diverse range of household sizes and incomes (2.2.6.3.).
- Municipalities will maintain at all times where development is to occur, land with servicing capacity
sufficient to provide at least a three-year supply of residential units. This supply will include, and may
exclusively consist of, lands suitably zoned for intensification and redevelopment (2.2.6.4.).
3.0 Infrastructure to Support Growth
Chapter 3.0 of the 2017 Growth Plan added significantly more emphasis to the integrated approach of land
use and infrastructure planning, including expanding the responsibilities of Simcoe County in undertaking
comprehensive plans to support this approach. There is also significantly more direction with respect to
addressing the impacts of climate change and the consideration of stormwater management. Further,
there is now stronger direction in supporting the viability of alternative modes of transportation to reduce
the reliance on the automobile.
Key policies that need to be reflected in Midland’s new Official Plan include:
- Planning for new or expanded infrastructure will occur in an integrated manner, including evaluations
of long-range scenario-based land use planning and financial planning, and will be supported
by infrastructure master plans, asset management plans, community energy plans, watershed
planning , environmental assessments, and other relevant studies where appropriate, and should
involve:
a) Leveraging infrastructure investment to direct growth and development in accordance with
the policies and schedules of this Plan, including the achievement of the minimum
intensification and density targets in this Plan;
b) Providing sufficient infrastructure capacity in strategic growth areas;
c) Identifying the full life cycle costs of infrastructure and developing options to pay for these
costs over the long-term; and
d) Considering the impacts of a changing climate (3.2.1.2.).
- Municipalities will assess infrastructure risks and vulnerabilities, including those caused by the impacts
of a changing climate, and identify actions and investments to address these challenges, which could
be identified as part of municipal asset management planning (3.2.1.4.).
The above policies will require that Midland’s new Official Plan be revised to better reflect the role that
water and waste water servicing should play in supporting intensification and directing development to
Page 6 of 12
strategic growth areas. In particular, it will be critical that the Urban Service Area is well defined, and that
the comprehensive studies identified in the 2017 Growth as required for expanded infrastructure are clearly
outlined in Midland’s new Official Plan. This is applicable to a number of areas in the Town, such as the
Balm Beach Road area.
The new Official Plan already recognizes the need to consider the impacts of climate change with respect to
infrastructure, however stronger and more comprehensive policies will be required to conform with the
intent of the 2017 Growth Plan. Additional policy language could include stronger requirements to assess
the risks and impacts of climate change on municipal infrastructure and providing mitigation strategies,
stronger support for active transportation and the provision of related infrastructure, requirements for
resource conservation and the integration of low impact development and green infrastructure.
- In the design, refurbishment, or reconstruction of the existing and planned street network, a complete
streets approach will be adopted that ensures the needs and safety of all road users are considered
and appropriately accommodated (3.2.2.3.).
- Municipalities will work with transit operators, the Province, Metrolinx where applicable, and each
other to support transit service integration within and across municipal boundaries (3.2.3.3.).
While Midland’s new Official Plan addresses complete streets, the specific language may need to be revised
to better reflect the stronger wording of the 2017 Growth Plan. A new policy will need to be added
regarding inter-municipal and inter-agency co-operation for cross-border transit, in the context of the
shared bus service with Penetanguishene and the future County Transit service which is planned to connect
to Midland.
- Municipal water and wastewater systems and private communal water and wastewater systems will
be planned, designed, constructed or expanded in accordance with the following:
• A comprehensive water or wastewater master plan or equivalent, informed by watershed
planning (…) (3.2.6.2.c))
- Proposals for large-scale development proceeding by way of a secondary plan, plan of subdivision and
vacant land plan of condominium or site plan will be supported by a stormwater management plan or
equivalent, that:
• Is informed by a subwatershed plan or equivalent;
• Incorporates an integrated treatment approach to minimize stormwater flows and reliance
on stormwater ponds, which includes appropriate low impact development and green
infrastructure;
Page 7 of 12
• Establishes planning, design, and construction practices to minimize vegetation removal,
grading and soil compaction, sediment erosion, and impervious surfaces; and
• Aligns with the stormwater master plan for the settlement area, where applicable (3.2.7.2.).
Additional policy language must be added to Midland’s new Official Plan regarding the need for
comprehensive water and wastewater master plans. These plans should include recommendations for a
servicing strategy for the remaining lands in Midland which are designated for development but which are
outside of the Urban Service Area.
While the requirement for a stormwater management plan for major development is already included, the
policies should be updated to better reflect the consideration of large-scale subwatershed and settlement
area stormwater management plans which will be undertaken in cooperation with the County, and for
which additional direction has been provided by the Province. In this regard, Section 6.0 of Midland’s new
Official Plan will require a general review to ensure that the policy language reflects the County’s new
responsibilities with undertaking comprehensive studies and linking growth management and
infrastructure planning.
- Planning for public service facilities, land use planning and investment in public service facilities will be
co-ordinated to implement this Plan.
- Public service facilities and public services should be co-located in community hubs and integrated to
promote cost-effectiveness.
- Priority should be given to maintaining and adapting existing public service facilities and spaces as
community hubs to meet the needs of the community and optimize the long-term viability of public
investments.
- Existing public service facilities that are located in or near strategic growth areas and are easily
accessible by active transportation and transit, where that service is available, should be the preferred
location for community hubs.
- Municipalities will collaborate and consult with service planning, funding, and delivery sectors to
facilitate the co-ordination and planning of community hubs and other public service facilities.
- New public service facilities, including hospitals and schools, should be located in settlement areas and
preference should be given to sites that are easily accessible by active transportation and transit,
where that service is available (3.2.8).
Generally, the intent of the above policies is reflected in Midland’s new Official Plan in subsection 3.1.14.
However, some additional detail should be added, including giving priority to maintaining existing public
service facilities and locating new facilities in or near strategic growth areas, and the terminology must be
Page 8 of 12
updated. In particular, the currently permissive language of this policy subsection must also be
strengthened to ensure conformity.
4.0 Protecting What is Valuable
Chapter 4.0 of the 2017 Growth Plan includes much more detailed policies addressing the natural heritage
system than the previous Growth Plan. However, many of the policies relate to the Province’s mapping of a
Natural Heritage System for the Greater Golden Horseshoe, which excludes lands within settlement areas.
As all of Midland is a defined settlement area, the policies relating to the provincial Natural Heritage System
do not apply.
The other Growth Plan policies with respect to protecting what is valuable to be considered in revisions to
Midland’s new Official Plan include the following:
- Beyond the Natural Heritage System, including within settlement areas, the municipality:
• will continue to protect any other natural heritage features in a manner that is consistent
with the PPS; and
• may continue to protect any other natural heritage system or identify new systems in a
manner that is consistent with the PPS (4.2.2.6.).
- Development or site alteration is not permitted in the vegetation protection zone (…) (4.2.4.3.)
Considering that Midland’s natural heritage system was developed in accordance with the PPS, these
policies are already achieved. It is important to note that significant revisions to Section 4.5.3: Natural
Heritage Designation were completed as part of Phase 1 of the “Expanded OPR Scope”, which remain in
conformity with the PPS. As part of the preparation of the next draft of Midland’s new Official Plan, this
revised section will need to be inserted and the required schedule updates implemented; the previously
prepared Source Protection policies and mapping will also be incorporated in the next draft.
Chapter 4.0 also includes policies addressing cultural heritage resources, mineral aggregate resources,
conservation and climate change. The key policies for Midland to consider are as follows:
- Cultural heritage resources will be conserved to foster a sense of place and benefit communities,
particularly in strategic growth areas.
- Municipalities will work with stakeholders as well as the First nations and Metis communities, in
developing and implementing Official Plan policies and strategies for the identification, wise use and
management of cultural heritage resources.
Page 9 of 12
- Municipalities are encouraged to prepare archaeological management plans and municipal cultural
plans and consider them in their decision-making (4.2.7.).
The above cultural heritage policies are largely included in Midland’s new Official Plan, although it may be
advisable to specifically state the link to fostering a sense of place in strategic growth areas. To be
consistent with the terminology introduced in this new section of the Growth Plan, the policies related to
the preparation of a heritage master plan and an archaeological master plan should be revised and
consideration be given to Midland preparing the later, rather than only supporting the County.
- Establishes requirements for the rehabilitation of new mineral aggregate operation sites, including
with respect to ecological value, health or key natural heritage or hydrologic features, aquatic
enhancement, and reflecting the long-term land use of the general area and applicable policies.
The requirement for a rehabilitation plan is already included in Midland’s new Official Plan, although more
detail on what should be included could be considered.
- Municipalities will develop and implement Official Plan policies and other strategies in support of the
following conservation objectives:
• energy conservation for existing buildings and planned developments, including municipally
owned facilities, including through:
1. identification of opportunities for conservation, energy efficiency and demand
management, as well as district energy generation, renewable energy
systems and alternative energy systems and distribution through community, municipal
and regional energy planning processes, and in the development of conservation and
demand management plans (4.2.9.1.b)i.);
- Municipalities should develop excess soil reuse strategies as part of planning for growth and
development (4.2.9.2.).
- Municipal planning policies and relevant development proposals will incorporate best practices for the
management of excess soil generated and fill received during development or site alteration,
including infrastructure development (…) (4.2.9.3.).
- Municipalities are encouraged to reduce greenhouse gas emissions and address the impacts of
climate change through developing greenhouse gas inventories and establishing municipal interim
and long-term greenhouse gas emission reduction targets.
Midland’s new Official Pan contains policies that promote energy conservation and encourage the
mitigation of climate change impacts in a number of sections. However, the 2017 Growth Plan directs that
more emphasis be placed on district energy and other alternative energy systems, as well as encourages
Page 10 of 12
more quantitative methods for tracking greenhouse gas emissions and targets. The 2017 Growth Plan
further introduces the idea of soil reuse strategies which incorporate best management practices.
The 2017 Growth Plan also directs the County to prepare a comprehensive policy framework aligned with
the Ontario Climate Change Strategy, 2015 and the Climate Change Action Plan, 2016. It would therefore be
advisable to include a reference to this upcoming policy framework and identify that Midland’s Official Plan
would have to be updated to incorporate it, when completed.
6.0 Simcoe Sub-area
A key change in Chapter 6.0 of relevance to Midland’s new Official Plan is the elimination of the “Lands for
Urban Uses” and “Lands Not for Urban Uses” labels, which formerly defined where urban development
could occur within settlement areas. In its place, the following policy is included in the 2017 Growth Plan:
- Any lands that are designated for agricultural uses or rural uses in a lower-tier Official Plan as of
January 20, 2017 can only be designated for development through a municipal comprehensive review
and subject to the policies in subsection 2.2.8 (6.3.5.).
Subsection 2.2.8 address settlement area boundary expansions, which are only permitted through a County
municipal comprehensive review. Therefore, it would appear to indicate that the lands in Midland which
are designated in the existing Official Plan as “Restricted Rural” could not be redesignated for development
prior to the completion of the County’s municipal comprehensive review.
The above would appear to impact Midland’s two Secondary Plan areas, which are currently designated
“Restricted Rural”, and which are proposed to be designated for development (subject to the completion
of the secondary plans) in Midland’s new Official Plan. However, over the course of the appeal process for
Simcoe County’s current Official Plan, the Town of Midland, Simcoe County and the Province came to the
agreement that Midland’s Secondary Plan areas were ‘urban’ (Lands for Urban Use). This was supported by
the fact that the entirety of the Town was identified as a Settlement Area in the previous County Official
Plan and that the requirement for a Secondary Plan served to manage the orderly and efficient expansion
of urban development. As such, the Secondary Plan areas should not be impacted by the 2017 Growth Plan
policy 6.3.5 and a municipal comprehensive review should not be required to redesignate these lands.
The lands included in Midland’s new Official Plan as “Lands Not for Urban Uses” currently have a policy
framework which does not permit urban development and recognizes that they are not appropriate for
urban forms of development in the near future. The Town should consider providing further clarification
with respect to the implications of the 2017 Growth Plan for these non-‘urban’ lands. For instance, while a
County municipal comprehensive review would be required for redesignation, it does not appear that a
County Official Plan Amendment and Provincial Approval would be required.
Page 11 of 12
While the “Lands for Urban Uses” and “Lands Not for Urban Uses” labels are no longer included in the 2017
Growth Plan, Midland could continue to use these terms as a means of local growth management, a
previously County and Provincially-approved approach.
Midland’s Schedules
It should be noted that in addition to the revisions noted below, the Natural Heritage System mapping will
be updated as a result of the work completed during the Fall 2017 for Phase 1 of the “Extended OPR Scope”.
Schedule “A”
Schedule A should be revised to better link to the 2017 Growth Plan terminology and growth management
approaches. This would include identifying Strategic Growth Areas (which would likely include the same
areas identified as Intensification District on Schedule B), the Delineated Built Boundary (updated
terminology) and the settlement area boundary (consistent with the already identified municipal
boundary).
As mentioned earlier, while “Lands for Urban Uses” and “Lands Not for Urban Uses” are no longer 2017
Growth Plan terms, these terms can still play a useful role as a local growth management tool. These terms
can continue to differentiate between those lands which are considered ‘urban’ and those lands which are
not, and would therefore require a County municipal comprehensive review to redesignate.
Schedule “B”
Schedule B would continue in its role as the “Urban Structure”. To better reflect this role, consideration
should be given to revising the term “Intensification District” to “Mixed Use Districts”. Further, the Built
Boundary may not be necessary on this schedule, as it is included on Schedule A to directly address the 2017
Growth Plan requirements. The “Existing Development Approvals” will be shifted to Schedule C
Schedule “C”
Other than the addition of “Existing Development Approvals”, no major revisions are necessary, although
minor revisions to improve the readability of the schedule, such as the colours, may be considered.
Schedule “C1”
No major revisions, although minor revisions to improve readability may be considered.
Schedule “D”
No major revisions.
Schedule “E”
Page 12 of 12
No major revisions.
Schedule “F”
Considering the increased importance of the Urban Service Area, the Town is working to provide more
detailed mapping of its coverage, to be used in further updates to this schedule.
THE CORPORATION OF THE
TOWN OF MIDLAND
Please see the opposite side of this Notice for more information
575 Dominion Avenue
Midland, ON L4R 1R2
Phone: 705-526-4275
Fax: 705-526-9971
www.midland.ca
NOTICE OF PUBLIC HEARING
COMMITTEE OF ADJUSTMENT
Minor Variance Application A.5/2018 TAKE NOTICE that an application to the Committee of Adjustment has been submitted for a minor variance to Zoning By-law 2004-90, as amended, pursuant to Section 45 of the Planning Act, c.P.13, R.S.O. 1990 as amended for lands known municipally as 443 Irwin Street and legally described as Part Lot 105 located in the Town of Midland. The property is designated RESIDENTIAL DISTRICT in the Official Plan and zoned
Residential – R3 in Zoning By-law 2004-90, as amended. THE PURPOSE OF THE APPLICATION is a Variance to increase Lot Coverage from 33% to 45%, to increase the Lot Coverage for an Accessory Building from 5% to 26%, and a reduction in interior yard setback from 1.22 metres to 0.71 metres to permit the construction of a detached garage in the rear yard. A location map and application sketch is provided on the back of this Notice.
There are no associated files/applications. This is a Public Hearing and persons wishing to support or oppose this application are permitted to attend, or if unable to attend, may submit comments in writing to the Secretary-Treasurer of the Committee or via e-mail to [email protected], indicating the application number and address of the property, prior to the date and time of the Hearing. AND FURTHER TAKE NOTICE that pursuant to Section 44(10) of the Planning Act, the Application file is part of the public record and is available to the public for inspection. If you are submitting letters, faxes, emails, presentations or other communications with the Town concerning this application, you should be aware that your name and the fact you communicated with the Town will become part of the public record. The Town will also make your communication and any personal information in it available to the public, unless you expressly request the Town to remove it. A copy of the decision of the Committee of Adjustment will be sent to the applicant and to each person who appeared in person or by counsel at the hearing and who filed with the Secretary-Treasurer a written request for a copy of the Notice of Decision. For more information about this matter, contact the Planning and Building Services Department at the Municipal Office, 575 Dominion Avenue, during regular business hours. It is requested that this Notice of Public Hearing be posted in a location visible to all residents if there are seven (7) or more residential units at this location.
Dated this 9th day of April, 2018. Wesley Crown, MCIP, RPP Secretary-Treasurer, Midland Committee of Adjustment
The Committee of Adjustment will hold a Public Hearing on Thursday, May 10, 2018 at 4:30
p.m. or as soon thereafter as practical in the Council Chambers of the Municipal Building, 575 Dominion Avenue, Midland to consider this application.
Please see the opposite side of this Notice for more information
Minor Variance Application A.5/2018
Location Map
Applicant Sketch
THE CORPORATION OF THE
TOWN OF MIDLAND
Please see the opposite side of this Notice for more information
575 Dominion Avenue
Midland, ON L4R 1R2
Phone: 705-526-4275
Fax: 705-526-9971
www.midland.ca
NOTICE OF PUBLIC HEARING
COMMITTEE OF ADJUSTMENT
Minor Variance Application A.6/2018 TAKE NOTICE that an application to the Committee of Adjustment has been submitted for a minor variance to Zoning By-law 2004-90, as amended, pursuant to Section 45 of the Planning
Act, c.P.13, R.S.O. 1990 as amended for lands known municipally as 294 Third Street and legally described as Lot 5 on Plan 306 located in the Town of Midland. The property is designated Residential District in the Official Plan and zoned Residential Zone – R3 in Zoning By-law 2004-90, as amended. THE PURPOSE OF THE APPLICATION is for a Variance to increase the Lot Coverage for an Accessory Building from 5% to 7% in a Residential Zone, and to reduce the French Lane Yard setback from 6.0 metres to 5.06 metres. A location map and application sketch is provided on the back of this Notice.
There are no associated files/applications. This is a Public Hearing and persons wishing to support or oppose this application are permitted to attend, or if unable to attend, may submit comments in writing to the Secretary-Treasurer of the Committee or via e-mail to [email protected], indicating the application number and address of the property, prior to the date and time of the Hearing. AND FURTHER TAKE NOTICE that pursuant to Section 44(10) of the Planning Act, the Application file is part of the public record and is available to the public for inspection. If you are submitting letters, faxes, emails, presentations or other communications with the Town concerning this application, you should be aware that your name and the fact you communicated with the Town will become part of the public record. The Town will also make your communication and any personal information in it available to the public, unless you expressly request the Town to remove it. A copy of the decision of the Committee of Adjustment will be sent to the applicant and to each person who appeared in person or by counsel at the hearing and who filed with the Secretary-Treasurer a written request for a copy of the Notice of Decision. For more information about this matter, contact the Planning and Building Services Department at the Municipal Office, 575 Dominion Avenue, during regular business hours. It is requested that this Notice of Public Hearing be posted in a location visible to all residents if there are seven (7) or more residential units at this location.
Dated this 16th day of April, 2018.
Wesley Crown, MCIP, RPP Secretary-Treasurer, Midland Committee of Adjustment
The Committee of Adjustment will hold a Public Hearing on Thursday, May 10, 2018 at 4:30
p.m. or as soon thereafter as practical in the Council Chambers of the Municipal Building, 575 Dominion Avenue, Midland to consider this application.
Please see the opposite side of this Notice for more information
Minor Variance Application No. A.6/2018
Location Map
Applicant Sketch
Please see the opposite side of this Notice for more information
NOTICE OF PUBLIC HEARING
COMMITTEE OF ADJUSTMENT
Minor Variance Application A.7/2018
TAKE NOTICE that an application to the Committee of Adjustment has been submitted for a minor variance to Zoning By-law 2004-90, as amended, pursuant to Section 45 of
the Planning Act, c.P.13, R.S.O. 1990 as amended for lands known municipally as 798
Midland Point Road and legally described as Part Lot 28 on Plan 1326 of Reference Plan 51R17250 Part 2 located in the Town of Midland. The property is designated Residential District in the Official Plan and zoned
Residential – R5 in Zoning By-law 2004-90, as amended. THE PURPOSE OF THE APPLICATION is for a Variance to reduce the Minimum Rear Yard Setback from 11.0 metres to 6.4 metres to allow for a rear yard addition. A location map and application sketch is provided on the back of this Notice.
There are no associated files/applications. This is a Public Hearing and persons wishing to support or oppose this application are permitted to attend, or if unable to attend, may submit comments in writing to the Secretary-Treasurer of the Committee or via e-mail to [email protected], indicating the application number and address of the property, prior to the date and time of the Hearing. AND FURTHER TAKE NOTICE that pursuant to Section 44(10) of the Planning Act, the Application file is part of the public record and is available to the public for inspection. If you are submitting letters, faxes, emails, presentations or other communications with the Town concerning this application, you should be aware that your name and the fact you communicated with the Town will become part of the public record. The Town will also make your communication and any personal information in it available to the public, unless you expressly request the Town to remove it. A copy of the decision of the Committee of Adjustment will be sent to the applicant and to each person who appeared in person or by counsel at the hearing and who filed with the Secretary-Treasurer a written request for a copy of the Notice of Decision. For more information about this matter, contact the Planning and Building Services Department at the Municipal Office, 575 Dominion Avenue, during regular business hours. It is requested that this Notice of Public Hearing be posted in a location visible to all residents if there are seven (7) or more residential units at this location.
Dated this 16th day of April, 2018.
Wesley Crown, MCIP, RPP Secretary-Treasurer, Midland Committee of Adjustment
The Committee of Adjustment will hold a Public Hearing on Thursday, May 10, 2018 at
4:30 p.m. or as soon thereafter as practical in the Council Chambers of the Municipal Building, 575 Dominion Avenue, Midland to consider this application.
Please see the opposite side of this Notice for more information
Minor Variance Application No. A.7/2018
Location Map
Applicant Sketch
Town of Midland
REQUEST FOR PROPOSALS FOR
Community Safety and Well-Being Plan
RFP #: P-18-CS-01
DOCUMENT FEE: DOWNLOAD ELECTRONICALLY - $0.00
HARDCOPY- $0.50 per page + HST- Non-refundable Printing of scalable drawings, if applicable will be the responsibility of the Proponent
PROPOSAL CLOSING
DATE: May 25, 2018 TIME: 2:00 PM local time PUBLIC OPENING: NO
LOCATION: Town of Midland 575 Dominion Avenue, Midland ON L4R 1R2
QUESTION & ANSWER PERIOD: Question period deadline: May 11, 2018 Answer response date: May 18, 2018
LATE SUBMISSIONS WILL NOT BE ACCEPTED
The Town of Midland reserves the right to accept or reject all or part of any Proposal and also reserves the right to accept other than the lowest proposal and to cancel this Call for Proposals at any time.
Community Safety and Well-Being Plan RFP# P-18-CS-01
Town of Midland Page 2 of 42 April 20, 2018
Table of Contents
DEFINITIONS .................................................................................................................................. 4
PART I INSTRUCTIONS TO PROPONENT ......................................................................... 5
1. ON-LINE REGISTRATION .................................................................................................... 5 2. DELIVERY OF PROPOSALS ................................................................................................ 5 3. REQUEST FOR PROPOSAL SCHEDULE ............................................................................ 5 4. INQUIRIES, OMISSIONS, DISCREPANCIES, INTERPRETATIONS AND ADDENDA ......... 6 5. DATE OF RFP DOCUMENT ................................................................................................. 6 6. MANDATORY SUBMISSION REQUIREMENTS ................................................................... 6 7. CHECKING OF SUBMISSIONS ............................................................................................ 7 8. AMENDMENT OF SUBMISSIONS ........................................................................................ 7 9. WITHDRAWAL OF PROPOSALS ......................................................................................... 8 10. EXECUTION OF CONTRACT UPON AWARD .................................................................. 8 11. STATEMENT OF UNDERSTANDING ............................................................................... 8 12. RFP OPENING .................................................................................................................. 8 13. RESERVATION OF RIGHTS AND PRIVILEGE CLAUSE .................................................. 8 14. FREEDOM OF INFORMATION ......................................................................................... 9 15. ACCESS TO RECORDS ................................................................................................. 10 16. ANTI-LOBBYING ............................................................................................................. 10 17. BRIBERY/FRAUD ............................................................................................................ 10
PART II STANDARD CONDITIONS OF CONTRACT ........................................................... 11
18. PURCHASING PREFERENCE POLICY .......................................................................... 11 19. PURCHASE ORDER ....................................................................................................... 11 20. INSURANCE .................................................................................................................... 11 21. WORKPLACE SAFETY AND INSURANCE BOARD (WSIB) ........................................... 11 22. ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ............................................... 12 23. REGULATION COMPLIANCE AND LEGISLATION ......................................................... 12 24. LAWS OF ONTARIO ....................................................................................................... 12 25. INDEMNIFICATION ......................................................................................................... 12 26. OCCUPATIONAL HEALTH AND SAFETY....................................................................... 12 27. NON-WAIVER ................................................................................................................. 12 28. NON-ASSIGNMENT ........................................................................................................ 13 29. DELIVERY SCHEDULE ................................................................................................... 13 30. DAMAGE CLAIMS ........................................................................................................... 13 31. EMERGENCY TELEPHONE NUMBER ........................................................................... 13 32. MEETINGS ...................................................................................................................... 13 33. PERSONAL PROPERTY SECURITY ACT ...................................................................... 13 34. CONFIDENTIALITY OF INFORMATION ......................................................................... 13 35. CONFLICTS OF INTERESTS .......................................................................................... 14 36. THE TOWN NOT EMPLOYER......................................................................................... 14 37. TERMINATION ................................................................................................................ 14 38. EVALUATION OF PERFORMANCE ................................................................................ 15 39. TOWN OF MIDLAND PURCHASING BY-LAW NO. 2014-48 (as amended) .................... 15 40. USE OF DOCUMENTATION FOR EVALUATION ........................................................... 15 41. ELECTRONIC FUNDS TRANSFER – DIRECT DEPOSIT ............................................... 15 42. THE TOWN OF MIDLAND PAYMENT TERMS ............................................................... 15 43. FINAL INVOICE ............................................................................................................... 16
PART III SPECIFICATIONS ................................................................................................ 17
44. PROJECT REQUIREMENTS .......................................................................................... 17
Community Safety and Well-Being Plan RFP# P-18-CS-01
Town of Midland Page 3 of 42 April 20, 2018
45. TIMEFRAME OF THE PROJECT .................................................................................... 19 46. PROPOSAL REQUIREMENTS........................................................................................ 20 47. PROPOSAL EVALUATION .............................................................................................. 20 48. EVALUATION CRITERIA ................................................................................................. 21
PART IV CONTRACT FORM OF AGREEMENT .................................................................... 22
PART V BID FORM ........................................................................................................... 32
SCHEDULE I PROPOSED PRICING SCHEDULE........................................................................ 36
SCHEDULE II PROJECT TEAM MEMBERS ................................................................................. 37
SCHEDULE III LIST SUB-CONTRACTORS .................................................................................. 38
SCHEDULE IV ABILITY AND EXPERIENCE FORM ..................................................................... 39
CERTIFICATE OF INDEPENDENT BID DETERMINATION .......................................................... 40
DECLARATION OF ACCESSIBILITY COMPLIANCE FORM ......................................................... 41
SUBMISSION LABEL .................................................................................................................... 42
Community Safety and Well-Being Plan RFP# P-18-CS-01
Town of Midland Page 4 of 42 April 20, 2018
DEFINITIONS
The following definitions apply to the interpretation of the Bid Document;
1. “ADDENDUM” means a written change, addition, alteration, correction or revision to a bid,
proposal or contract document. Addendum/Addenda may be issued following a pre-bid/pre-proposal site meeting/conference or as a result of a specification or work scope change to the solicitation.
2. “BUSINESS DAY” means any day from Monday to Friday between the hours of 8:30 am and 4:30 pm, excluding statutory or civic holidays observed by the Town of Midland.
3. “BID FORM” is the standard forms provided in Part V of the Bid Documents. Proponents must complete and submit the forms contained within this section in order to provide the necessary information for the evaluation of the bids and to create a legally binding bid.
4. “CONTRACT” means a legal document and any attachments that binds the Town and all other parties subject to the provisions of the Contract.
5. “CONTRACT DOCUMENTS” means a form of agreement, together with the Standard Conditions, Specifications and appendices, if any, which constitute the entire understanding between the Town and the Successful Proponent regarding the Work.
6. “Town of Midland.” means the Corporation of the Town of Midland and / or the Owner.
7. “OWNER” means the Town of Midland.
8. “MAY” used in this document denotes permissive.
9. “PROPONENT” refers to any legal enterprise making a submission in response to this RFP.
10. “PROPOSAL” means the information submitted by a Proponent in response to this RFP.
11. “PROPOSED FEE” means the fee estimated by the Proponent to complete the Work.
12. “PURCHASING”/”SUPERVISOR OF PURCHASING” means the purchasing representative (s) working within the finance department, who is responsible for the Town‟s centralized purchasing function.
13. “REQUEST FOR PROPOSAL” (RFP) means the document issued by the Town and used to solicit proposals from Proponents to provide goods, services or construction to the Town, where it is not practical and/or possible to prepare precise specifications, or where “alternatives” to detailed specifications will be considered, which may be subject to further negotiation.
14. “SHALL” and “WILL” used in this document denotes imperative.
15. “SUCCESSFUL PROPONENT(S)” means a Proponent whose submission(s) has been accepted by the Town.
Community Safety and Well-Being Plan RFP# P-18-CS-01
Town of Midland Page 5 of 42 April 20, 2018
PART I INSTRUCTIONS TO PROPONENT
1. ON-LINE REGISTRATION
The Town‟s bid registry is located on Biddingo.com
Proponents should register on Biddingo.com web site prior to downloading the Documents. This will ensure that all Addenda are delivered in an efficient and effective manner. The Town will not assume responsibility for any information that a Proponent does not receive, whether they are registered on the website or not.
2. DELIVERY OF PROPOSALS
The Bid Form, together with all required supporting documentation, enclosed in a sealed opaque envelope bearing the name of the Proponent and sealed with the submission label provided herein, shall be delivered to the Town at the Corporate Services Department‟s desk at Town Hall, 575 Dominion Avenue, Midland, ON L4R 1R2, at or before 2:00 p.m. by the Town’s clock,
on May 25, 2018, (the “Submission Deadline”).
Submissions time stamped 2:01 pm or later shall be declared non-compliant and shall be returned unopened.
Submissions delivered by e-mail or facsimile shall not be accepted.
Submissions delivered in person, or by a courier service, without the submission label affixed to the envelope, or submissions that are not delivered to the designated location by the Proponent or courier service may be rejected.
Delivery of the Submission through a courier service shall be the responsibility of the Proponent and shall result in the submission being rejected if:
a. the Submission is not delivered to the location stated on the envelope; b. the Submission is not removed from the courier envelope prior to the Submission
Deadline and the statement “PROPOSAL DOCUMENT ENCLOSED” is not visible; and/or
c. the submission envelope is delivered to the Corporate Services Department‟s desk after the Submission Deadline.
All Proposals shall be irrevocable and shall remain open for acceptance, at the prices quoted, for up to ninety (90) business days from the Submission Deadline. In submitting a Proposal, each Proponent agrees that, notwithstanding anything to the contrary, the Town may notify the Successful Proponent at any time within the validity period that its Proposal has been accepted.
The Corporate Services Department’s Office Clock (lobby wall) determines the Closing Time of the Quotation Call.
3. REQUEST FOR PROPOSAL SCHEDULE
Task Date
Issue Request for Proposal April 20, 2018
Receipt of Proponent Questions May 11, 2018
Response to Proponent Questions May 18, 2018
Submission Deadline May 25, 2018 @ 2:00 p.m.
Note: Although every attempt will be made to meet all dates, the Town reserves the right to modify any or all dates at its sole discretion.
Community Safety and Well-Being Plan RFP# P-18-CS-01
Town of Midland Page 6 of 42 April 20, 2018
4. INQUIRIES, OMISSIONS, DISCREPANCIES, INTERPRETATIONS AND ADDENDA
All Inquiries concerning this RFP including specifications, process and results are to be directed in writing (e-mail) through:
Amanpreet Singh Sidhu Director, Corporate Services [email protected]
Inquiries shall not be directed to any other Town employees. No Inquiries will be accepted by telephone. A transcript of the questions and answers will be posted on Biddingo.com website on or before the date as listed in this document.
Questions of clarification will be answered individually in writing, but response(s) to any question that modifies the scope of this document will be circulated in writing as an Addendum and posted on Biddingo.com website.
The Town shall not be held liable for any errors or omissions in any part of this document. While the Town has used considerable efforts to ensure an accurate representation of information in this document, the information contained herein is supplied solely as a guideline for Proponents. The information is not guaranteed or warranted to be accurate by the Town, nor is it necessarily comprehensive or exhaustive. Nothing in the document is intended to relieve the Proponent from forming their own opinions and conclusions with respect to the matters addressed in this document.
Should a Proponent find omissions or discrepancies in any part of this document or should the Proponent be in doubt as to the meaning of any part of such documents, the Proponent shall notify the designated contact in writing without delay. If the designated contact considers that a correction, explanation or interpretation is necessary or desirable an Addendum will be issued and posted to Biddingo.com website.
Addenda if required will be issued by the Town and shall hereby form part and parcel of the said Project. Failure to acknowledge the Addendum/Addenda issued may result in a non-compliant submission. All Addenda should be posted on the Biddingo.com website forty-eight (48) hours before the Closing Date and Time. It is the responsibility of the Proponent to have received all Addenda that have been issued by the Town. No oral explanation or interpretation will modify any of the requirements or provisions of the Documents. The Town of Midland will assume NO responsibility for oral instructions or suggestions.
Prior to submitting their Proposal, Proponents should check the Biddingo.com website to verify that they have received all Addenda.
5. DATE OF RFP DOCUMENT
RFP Document Date: The official RFP documents are those that are dated as follows unless otherwise amended:
April 20, 2018
6. MANDATORY SUBMISSION REQUIREMENTS
The unaltered Bid Form and Submission Contents shall be submitted in full in four (4) complete 8 ½ X 11 paper hard copies, one (1) shall be an ‘ORIGINAL’ that is clearly marked „ORIGINAL‟, three (3) clearly marked “COPY”, and one (1) CD Disc (not DVD) or flash drive in an unrestricted, single PDF format, including any Addenda that may have been issued, and clearly
identified as RFP# P-18-CS-01 Community Safety and Well Being Plan
Community Safety and Well-Being Plan RFP# P-18-CS-01
Town of Midland Page 7 of 42 April 20, 2018
Failure to adhere to the following mandatory submission requirements shall result in a Proposal being declared non-compliant:
a. Submissions shall be received in a sealed envelope by the Town before the Submission Deadline;
b. Submissions shall be complete and in the original Bid Form as supplied without any unauthorized alterations, additions, deletions or qualifying statements made to or provided with the Bid Form;
c. the Bid Form shall be „original‟ with „original‟ signature(s) that is signed in the spaces provided by a duly authorized official of the Proponent;
d. If applicable, the Bid and/or Contract Security, Surety Consent Form or Letter of Credit or Certified Cheque issued by or to be drawn against an Ontario based Surety Company and/or Canadian chartered bank shall be submitted signed with the submission contents and reflect the correct amount;
e. If applicable, the Proponent shall attend all mandatory site meetings as set out in the RFP document;
f. If applicable, the Proponent shall be previously qualified, under a related pre-qualification process.
If a joint Proposal is submitted, it shall be signed on behalf of each of the Proponents and if the signing authority for both Proponents is vested in one individual, he/she shall sign separately on their behalf. Signatures on behalf of a non-incorporated body or by individuals shall be witnessed. In the case of an incorporated company, the corporate seal should be affixed to the Bid Form adjacent to the authorized signature.
7. CHECKING OF SUBMISSIONS
RFP`S opened are checked by Purchasing to ensure that:
a. the required Bid security is provided and properly executed, if applicable; b. all submissions comply with the terms and conditions of the RFP Documents; c. all arithmetic extension calculations are correct; d. all items as specified have been bid on; e. all strikeouts, erasures or overwrites are initialled by an authorized person; f. where there is an obvious error in extensions, additions or computations, the Town shall
be entitled to correct such errors based on the unit prices supplied, and the corrected total shall be considered as representing the intention of the Proponent, and shall be used as the basis for comparison of Submissions. For greater certainty, any failure by a Proponent to insert a unit price where required shall be deemed to be a $ “0” value;
g. no claims or litigation proceedings have been instituted by the Proponent against the Town, or in turn by the Town against the Proponent; and
h. all addenda have been acknowledged on the Bid Form in the space provided.
8. AMENDMENT OF SUBMISSIONS
Proponents may amend their Proposals only if the Proposal is resubmitted before the Submission Deadline in accordance with the Following:
a. the Proponent must withdraw its original Proposal on written notice to the Director of Corporate Services or designate before the Submission Deadline; and
b. the Proponent must submit a revised Proposal before the Submission Deadline in accordance with the requirements of RFP Section 2.
Amendments by telephone, facsimile, email or letter shall not be accepted or considered.
If more than one Proposal is received under the same name for the same project, the Proposal contained in the submission envelope bearing the latest date and time shall be deemed the intended Proposal. The first Proposal received shall be considered withdrawn and returned unopened to the Proponent.
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9. WITHDRAWAL OF PROPOSALS
A Proponent may withdraw its Proposal prior to the Submission Deadline by giving written notice on the Proponent's stationery, to be delivered by mail, facsimile or in person to the Director of Corporate Services or designate, before the Submission Deadline. Telephone notices shall not be considered.
Proposals may not be withdrawn after the Submission Deadline.
10. EXECUTION OF CONTRACT UPON AWARD
The Successful Proponent, if any, shall sign the Contract in duplicate (2), within ten (10) business days of written notification of acceptance. The following completed documents, as listed, shall be submitted prior to or at the time of signing:
a. Agreement; b. current Insurance Certificate on the Town‟s Standard Insurance Form; and c. a current copy of the Workplace Safety and Insurance Board Certificate of Clearance.
11. STATEMENT OF UNDERSTANDING
Each Proponent shall be deemed to have carefully examined the RFP prior to submitting its Proposal, and if it should discover any omissions, errors, discrepancies, ambiguities or other anomalies or have any questions or doubts as to the meaning of any portion thereof, it shall, before submitting its Proposal, communicate the same in writing to the Town. At the Town‟s sole discretion, some or all of the corrections, questions and answers may be incorporated into Addenda to the RFP for distribution to all Proponents.
Each Proponent warrants and represents that it has substantial and significant experience in undertaking work of a nature and scope similar to that contemplated herein, and that it possesses the competence, skills, experience and expertise required to successfully carry out the Work and that in preparing its Proposal, it has satisfied itself that it has secured all necessary information required by a competent, experienced contractor to prepare a responsible and complete Proposal.
12. RFP OPENING
Proponents are advised there will not be a public opening for this or any RFP. Submissions received by the Deadline, will be opened administratively by specific members of the Town and at a time subsequent to the closing.
Proponents are solely responsible for their own expenses incurred while preparing their response and during subsequent negotiations with the Town, if any. If the Town elects to reject all Submissions, the Town will not be liable to any Proponent for any claims, whether for profit in connection with any final contract, or any other matter whatsoever.
13. RESERVATION OF RIGHTS AND PRIVILEGE CLAUSE
13.1 In addition to all other rights, the Town specifically reserves the following rights:
a. to consider, accept or reject any and all Proposals in whole or in part; b. to cancel this RFP at any time and for any reason without any liability; c. to extend the Submission Deadline for all Proponents in the Town‟s sole discretion; d. to waive any informalities, irregularities, errors, erasures, or other anomalies in a
Proponent‟s Proposal; e. to waive strict compliance with the RFP if, in the opinion of the Town, the non-
compliance does not affect the Proposal in any material way, materiality to be determined in the sole discretion of the Town;
f. not to accept the lowest Proposal or not to accept any Proposal in its sole discretion. Price will not be the only or even the most important criteria. The Town reserves the right to consider any other criteria as it may see fit, disclosed or undisclosed, in determining which Proposal best meets its needs;
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g. to consider the total Proposal price, inclusive of the prices tendered for any provisional or optional items, or only the price stipulated for the base contract work, or any combination thereof, in determining which tender best meets its needs and interests;
h. to seek clarification of the contents of any Proposal, or to require a Proponent to submit further documentation. Proponents may be requested to:
i. provide additional information; ii. modify their Proposal in areas where the Town considers them deficient; iii. address specific requirements not adequately covered in their initial Proposal; iv. substitute components where the Town considers that an alternative may be
more suitable.
i. to consider the following:
i. information provided in response to Inquiries of credit, experience and industry references set out in the Proposal;
ii. information received in response to Inquiries made by the Town of third parties apart from those disclosed in the Proposal in relation to the reputation, reliability, experience and capabilities of the Proponent;
iii. the experience and qualification of the Proponent‟s senior management and project management;
j. to independently verify any information from third parties and receive additional information regarding any Proponent, its directors, officers, shareholders or owners, and any other party associated with the RFP, as the Town may require;
k. to negotiate terms and other conditions of the Contract with the successful Proponent that are not otherwise included in the Contract Documents;
l. after the selection of the successful Proponent, to negotiate with the successful Proponent, and as part of that negotiation, to negotiate changes, amendments or modifications to its Proposal without offering other Proponents the ability to amend their Proposals;
m. at any time, to discontinue, delay, or adjourn this RFP or any contract negotiations for any period or duration;
n. to reject the Proposal of any Proponent who is involved in litigation with the Town. o. if only one Proposal is received, the Town has the right to elect to:
i. open the Proposal; ii. not open the Proposal and close the RFP; or iii. reject the Proposal and cancel the RFP if the Submission is over budget.
By submitting a Proposal, the Proponent acknowledges the Town‟s rights under this Section and absolutely waives any right or cause of action against the Town, by reason of the Town‟s failure to accept the Proposal submitted by the Proponent, whether such right or cause of action arises in contract, negligence, or otherwise.
14. FREEDOM OF INFORMATION
All Proposals submitted to the Town become the property of the Town and as such, are subject to the Municipal Freedom of Information and Protection of Privacy Act.
Proponents may mark any part of their Proposal as confidential except for the total Contract price and the Proponent‟s name. The Town will use its best efforts not to disclose any information so marked but shall not be liable to a Proponent where information is disclosed by virtue of an order of the Privacy Commissioner or otherwise as required by law.
Upon award, the Town may release the name of the Successful Proponent, the name and telephone number of the contact person and the total bid price of the Successful Proponent.
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15. ACCESS TO RECORDS
The Town reserves the right to request, at any time during the duration of the contract, access to all logs and/or records held by the Successful Proponent pertaining to the works detailed herein.
The Successful Proponent shall provide the requested documents to the Town within seven (7) business days of the initial date of request.
It is the responsibility of the Successful Proponent to adhere to the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) with respect to protecting any personal information collected on behalf of the Town during the duration of the contract.
16. ANTI-LOBBYING
Any attempt on the part of a Proponent, or its employees, agents, contractors, sub-contractors or representatives, to contact an employee of the Town, Elected Official or Appointed Officer, other than the designated Purchasing staff detailed in Section 4, to influence the outcome of the purchasing process or subsequent award, may result in the disqualification from the bidding process.
At the discretion of the Town, any Proponent who violates the provisions of this paragraph may be prohibited from submitting a further bid.
17. BRIBERY/FRAUD
Should any Proponent or any of their agents give or offer any gratuity or attempt to bribe any employee of the Town, or to commit fraud, the Town shall be at liberty to cancel the Proponent‟s submission and to rely upon the Bid Surety submitted for compensation, if applicable.
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PART II STANDARD CONDITIONS OF CONTRACT
18. PURCHASING PREFERENCE POLICY
No preference will be given to any business for goods and/or service provided to the Town.
19. PURCHASE ORDER
The Work shall not commence until all of the required documents have been delivered to the Corporate Services Department and the Contract has been executed by the successful Proponent and the appropriate Town authorities.
A Purchase Order shall be generated and issued to the successful Proponent for payment purposes. The successful Proponent must refer to the Purchase Order number on every invoice submitted to the Town.
20. INSURANCE
The successful Proponent shall maintain and pay for Comprehensive General Liability Insurance with an insurer acceptable to the Town (the “Insurance Policy”). The coverage shall include premises and all operations liability to be performed by the successful Proponent. This insurance coverage shall be subject to limits of not less than Five Million Dollars ($5,000,000) inclusive per occurrence for bodily injury, death and the Insurance Policy shall include the Town of Midland as an additional insured in respect of all operations performed by or on behalf of the Proponent.
The successful Proponent shall be entirely responsible for the cost of any deductible.
The Insurance Policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the Town.
Where applicable, the successful Proponent shall carry standard automobile and non-owned automobile liability insurance and shall protect them against all liability arising out of the use of owned or leased vehicles, used by the successful Proponent, its employees or agents. The limits of the liability for both owned and non-owned vehicles shall not be less than Two Million Dollars ($2,000,000) per occurrence.
Where applicable, the successful Proponent shall carry a minimum of Professional Insurance in the amount of Two Million Dollars ($2,000,000) per claim.
Where applicable the successful Proponent must also carry insurance coverage as set-out in this Part II, Standard Conditions of Contract, section titled “Workplace Safety and Insurance Board (WSIB)”
21. WORKPLACE SAFETY AND INSURANCE BOARD (WSIB)
The Contractor shall supply a Certificate from the Workplace Safety and Insurance Board prior to the start of the contract indicating that all of the assessments the Contractor or any Subcontractor is liable to pay under the Worker's Safety Insurance Board Act or successor legislation have been paid and they are in good standing with the Board.
Effective January 1, 2013, Bill 119 legislates that all Contractors and Sub-Contractors categorized under Class G: Construction, shall have WSIB account and clearance coverage prior to commencing any contract.
Alternatively, if the Contractor is an Independent Operator and is not categorized under Class G: Construction, the Contractor shall submit a letter from the WSIB confirming that s/he has Independent Operator Status under the WSIB Act. If the Contractor does not have Independent Operator Status, the Proponent shall;
I. Complete an Independent Operator Status Questionnaire upon being awarded the Contract; and,
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II. fund all costs associated with any appeal of a determination by WSIB that the Proponent is not an Independent Operator; and,
III. provide proof of Employer‟s Liability Insurance (provided either by WSIB or the Contractor‟s insurance provider.
The Contractor acknowledges and agrees that the Town is not hiring an employee(s) to perform the work associated with this Tender. As such, the Town reserves the right to terminate all Contracts associated with this Tender if all appeals have been exhausted and the Contractor is determined by WSIB or court or tribunal of competent jurisdiction to be an employee. Any and all monies paid to the Contractor shall be returned regardless of the extent of work that has been completed to that point, and all material and documents associated with the Tender, as well as the Town property, shall be returned to the Town. The Contractor acknowledges and agrees that any work completed to the date when the appeal process has been completed, and an unfavourable determination is made, will be provided to the Town for free and without any expectation of compensation. The risk associated with completing any work while there is an appeal process underway is entirely born by the Contractor.
22. ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES
The Proponent shall comply with the provisions of the Accessibility for Ontarians with Disabilities Act, 2005, and the Regulations, as amended, with regard to provision of the goods and/or services contemplated herein. The Proponent, when applicable, shall ensure that its employees, agents, volunteers and representatives receive training regarding the provision of the goods and services to person with disabilities. The Proponent acknowledges that the Town, in deciding to purchase goods or services through its procurement process, is required to consider the accessibility for persons with disabilities, when applicable and practical to do so.
23. REGULATION COMPLIANCE AND LEGISLATION
The Successful Proponent shall ensure all services and products provided in respect to this project are in accordance with all applicable Municipal, Provincial and Federal legislation.
The Town reserves the right to request authentic copies from the successful Proponent of any documentation and certificates relevant to all applicable authorities. Failure to provide such documentation and certificates may result in cancellation of the award.
24. LAWS OF ONTARIO
Any contract resulting from this RFP will be governed by the laws of the Province of Ontario.
25. INDEMNIFICATION
The Successful Proponent shall indemnify and save harmless the Town from and against any and all claims, actions, losses, costs, damages, or other proceedings by whomsoever made, including substantial indemnity legal costs, which the Town, its employees, officers or agents may suffer as a result of, or in any way caused by, negligent acts or omissions by the successful Proponent or any of its officers, directors, employees, or agents, in connection with the supply of materials and services to the Project.
26. OCCUPATIONAL HEALTH AND SAFETY
The Successful Proponent shall be solely responsible for safety on the Project and for compliance with the rules; regulations and practices required by the applicable Health and Safety legislation and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work.
27. NON-WAIVER
No act or omission by the Town shall be construed by the Successful Proponent as a renunciation or waiver of any rights or recourses for any breach by the successful Proponent of its obligations set out in this RFP and in the Contract, unless the Town provided the successful
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Proponent with an express waiver in writing. Any work performed by the Town which is part of the Work shall not relieve the Proponent of his/her obligations to do that Work.
28. NON-ASSIGNMENT
The Successful Proponent may not assign its Proposal in whole or in part or any work to be performed in accordance with its Proposal without the prior written consent of the Town. Such written consent, however, shall not relieve the successful Proponent of his/her liabilities and obligations under the Contract, under any circumstances, and shall be within the sole and unfettered discretion of the Town.
29. DELIVERY SCHEDULE
Time is of the essence for the delivery or provision of the goods and services or either of them requested herein. The delivery date shall be adhered to, as the Town is relying on that date for part of its operations. Failure to comply with the agreed schedule between The Town and the successful Proponent may result in the Town taking further action to obtain an alternative Supply, in which event the cost incurred shall be charged to the successful Proponent. If the Successful Proponent does not pay such cost, it shall be deducted from the balance of the purchase price owing. Where it is not possible to obtain the goods and services on or before the date of delivery, the Town shall charge back to the Successful Proponent the difference in cost between the price submission and the acquisition cost of the alternative goods and services.
30. DAMAGE CLAIMS
The Successful Proponent shall be responsible for all damages caused by it, its employees, agents, sub-contractors or persons under its control, or arising from the performance of the Work or arising from the successful Proponent‟s failure or the failure of its employees, agents, subcontractors or persons under its control, to perform any or all of its obligations in accordance with the terms of the Contract.
31. EMERGENCY TELEPHONE NUMBER
If applicable, prior to commencing the Work, the Successful Proponent shall provide the Town with the name(s) and telephone number(s) of his/her representative(s) who can be contacted on a 24-hour basis in case of an emergency during the term of the Contract.
32. MEETINGS
The Successful Proponent's representative(s) shall attend all Project meetings upon the Town‟s request.
The Successful Proponent's representative(s) attending meetings shall be experienced, skilled and qualified and shall have the authority to make the necessary decisions and commitments with respect to matters to be agreed upon at the Project meetings.
33. PERSONAL PROPERTY SECURITY ACT
The Successful Proponent warrants that all goods, materials and equipment supplied to the Town are free and clear of all liens, charges, encumbrances, mortgages, hypothecations, copyright, patents or any third party statutory claims.
34. CONFIDENTIALITY OF INFORMATION
A Proponent receiving this RFP may not use, disclose, or duplicate it for any purpose other than to prepare a Proposal. The Proponent shall keep the Town data confidential and shall not disclose its content to any party, other than to those internal employees or agents responsible for preparing the Proposal, without the prior written approval of the Town. Receipt of this RFP does not entitle the Proponent to associate its services with the Town in any way, nor represents in any way that the Town has employed or endorsed the Proponent‟s services. Any such association or endorsement being contemplated by the Proponent must receive the prior written approval of the Town.
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All correspondence, documentation and information provided to the Town by any Proponent in connection with, or arising out of this RFP and this Proposal will become the property of the Town and as such is subject to the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), and may be released, pursuant to the MFIPPA. At a minimum, the Proponent‟s name shall be made public upon request.
In accordance with the MFIPPA, Proponents are advised to identify in their Proposal any scientific, technical, commercial, proprietary or similar confidential information, the disclosure of which could cause them injury. Any information in the Proponents‟ Proposal that is not specifically identified as confidential will be treated as public information.
35. CONFLICTS OF INTERESTS
The Proponent agrees to be bound by the following requirements and except as identified in the Proposal or as specified in the Contract, the Proponent must certify:
a. that no person, either natural or body corporate, other than the Proponent, has or will have any interest or share in this Proposal or in the Contract;
b. that there is no collusion or arrangement between the Proponent and any other Proponent(s) in connection with this project;
c. that the Proponent has no knowledge of the contents of other Proposals and has made no comparison of figures or agreement or arrangement, express or implied, with any other party in connection with this RFP.
Officers and directors of the Proponent, their relatives and close friends, or any employees of the Proponent, shall not have any direct or indirect interest in an entity other than the Proponent that supplies goods or services to the Project. The successful Proponent shall disclose any potential conflict of interests prior to entering into the Contract. If such conflict does exist, the Town may, at its discretion, withhold the award of the Contract from the successful Proponent until the matter is resolved.
Officers and directors of the Proponent, their relatives and close friends, or any employees of the Proponent, shall not offer or receive any gifts, gratuities, discounts, commissions, fees or special services (gifts/donations), regardless of value, to or from any employee of the Town, or to any consultant or contractor employed by the Town, or to any real estate representative acting on behalf of the Town. All Proponents shall report immediately to the Town any such attempts.
Officers and directors of the Proponent, their relatives and close friends, or any employees of the Proponent, shall not offer or receive any inducement, payment, discount, commission, reward, gift, special service, incentive, or other remuneration or compensation of any kind (inducement), regardless of value, from any vendor of goods or services to the Project, including any consultant or contractor employed by the Town, or to any real estate representative acting on behalf of the Town. All Proponents shall report immediately to the Town any such attempts.
The Successful Proponent shall continue to be bound by the foregoing prohibitions after the execution of the Contract.
36. THE TOWN NOT EMPLOYER
The Proponent agrees that the Town is not to be understood as the employer to the Successful Proponent nor to such Proponent‟s personnel or staff for any work, services, or supply of any products or materials that may be awarded as a result of this RFP process. It is understood that the Successful Proponent will act as an independent contractor. The Successful Proponent herewith agrees to be the “constructor” as defined in the Occupational Health and Safety Act.
37. TERMINATION
In the event that the Successful Proponent fails to comply with any provision of the Contract or otherwise fails to perform its obligations hereunder in a competent manner satisfactory to the Town, the Town may give notice in writing to the Proponent of such failure. In the event that the
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Proponent has not remedied its failure within ten (10) days of the said notice, the Town shall be entitled to exercise any one or more of the following remedies:
a. The Town may terminate the Contract without further notice and exercise its rights to the performance security provided by the Proponent;
b. The Town may withhold any payment due to the Proponent hereunder until the Proponent has remedied its failure;
c. The Town may engage the services of others to remedy the Proponent‟s failure, and obtain reimbursement therefore from the Proponent. Such reimbursement may be obtained either through deduction from any amount owing to the Proponent or through any other legal means available to the Town; or
d. The Town may assert any other remedy available to it in law or equity. e. The Town reserves the right to terminate the contract at any time without cause and
without liability upon thirty (30) days written notice.
38. EVALUATION OF PERFORMANCE
Upon completion of the Contract, the Town may complete an evaluation of the Proponent's performance. The evaluation shall be placed on file and a copy of this evaluation may be provided to the Proponent. This information may be made available to persons requesting the Town references for the Proponent and also may be reviewed and may form part of the criteria when awarding future bids by the Town. In the event of documented poor performance, non-performance or conflict of interest, the Town may put the Proponent on a no-bid list and will not accept bids from the Proponent for up to two years.
The Proponent hereby authorizes the maintenance and release of this information.
39. TOWN OF MIDLAND PURCHASING BY-LAW NO. 2014-48 (as amended)
The terms and requirements of the Town use of the Town‟s Purchasing By-Law 2014-48 constitute an integral part of this RFP and are incorporated by reference into this RFP. It is the responsibility of all Proponents to become familiar and comply with the requirements of the Town use of the Town‟s Purchasing By-Law.
40. USE OF DOCUMENTATION FOR EVALUATION
All correspondence, documentation and information provided to the Town as part of the Proposal may be reproduced for the purpose of evaluating the Proposal.
41. ELECTRONIC FUNDS TRANSFER – DIRECT DEPOSIT
The Town may implement Electronic Funds Transfer (EFT) as a method of payment and would require all Contractors to provide banking information prior to receiving payment from the Town.
42. THE TOWN OF MIDLAND PAYMENT TERMS
42.1 The terms of payment by the Town will be net thirty (30) calendar days from receipt of recommendation of payment from the Contract Administrator. To allow for timely payment; the Purchase Order must be referenced on all invoices.
42.2 Payment will be made based on the unit rate as set out in the Schedule of Items
and Prices. 42.3 All payments shall be processed using cheque or electronic funds transfer (EFT)
which shall be deposited directly to the Contractors bank account. If any deviation from the accepted method of payment is necessary such deviation shall be mutually agreed upon and confirmed in writing by both the Contractor and the Town.
42.4 New or existing vendors to the Town will be provided with the necessary documents to facilitate EFT payment.
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42.5 Invoices may be submitted electronically to Amanpreet Singh Sidhu, Director, Corporate Services at the Town of Midland, at [email protected]. Alternatively Invoices may be hand delivered to the Town or mailed to the Town.
43. FINAL INVOICE
The Town shall not pay the final invoice to the Successful Proponent for the work until the Town is fully satisfied that all terms and conditions in the contract and in this RFP are satisfied and all work, services, products or materials supplied to the Project are deemed to have been completed, installed or delivered to the complete satisfaction of the Town.
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PART III SPECIFICATIONS
44. PROJECT REQUIREMENTS
BACKGROUND
A strong, healthy and vibrant downtown is an essential key to a long-term sustainable future of Midland. Community safety in the Town, specifically within the downtown area, has, and continues to be an ongoing concern for a variety of community stakeholders. There are numerous special events, festivals and cruise ship visits to Midland that converge upon the downtown and the waterfront area. Our efforts to encourage residents and visitors alike to participate in these activities can be negated when issues of personal and property safety and security are diminished through inappropriate actions and activities.
A resolution to this ongoing lingering matter requires a concerted community effort encompassing a variety of stakeholders. The Town has had previous starts and stops in an effort to find sustainable solutions, only to see the plans fall apart without securing the anticipated results. Coupled with the promulgation of the Bill 175, Safer Ontario Act, 2018 (the “Act”), a comprehensive public safety legislative package that represents the largest policing transformation in a generation and received Royal Assent on March 8, 2018, the time is right to put community safety on the front burner and to find effective long-term solutions for the prosperity and well-being of the community.
DESCRIPTION OF UNDERTAKING
Community safety and well-being planning requires collaboration between multiple partners. The Town of Midland is moving ahead with setting up a Community Safety Task Force (“CSTF”). The CSTF will include the broad community and stakeholder consultation process for the purpose of developing a Community Safety and Well Being Plan that meets the needs of the community and addresses the requirements of the Act. With the Community Safety and Well Being Plan promoting collaborative partnerships between the municipality, police, and other sectors, such as education, health care and social services, those requiring assistance will receive the right response, at the right time, and from the right service provider. This new approach will also help improve interactions between police and vulnerable Ontarians by enhancing front-line responses. For example, mental health and addictions may be identified as a local risk and communities can work together to implement preventative programs and strategies to address this risk before a police response is necessary. Part XIII of the Act mandates that Municipal councils are required to prepare and adopt a community safety and well-being plans. Consequently, as a part of this undertaking, the plan must identify risk factors to the community and identify strategies to reduce prioritized risk factors, in addition to other requirements. Municipalities are also required to establish a multi-sectoral advisory committee that includes representation from local police services boards or, in the case of the Ontario Provincial Police (OPP), detachment commanders. Police service boards must also consider the community safety and well-being plan when developing their strategic plans. Section 197 (1) requires that a municipal council that prepares a community safety and well-being plan shall establish an advisory committee (CSTF).
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A) SCOPE OF WORK
The major tasks to be addressed by the successful Consultant are outlined below. This list should be augmented as required and believed necessary based on the Consultant‟s experience and knowledge.
Establish a comprehensive understanding of the current state and future aspects of Community Safety in Midland;
Provide outlines for a model for collaboration, planning and action to enhance how the Town of Midland works with community partners and other levels of government to address issues that impact the health, safety and well-being of our community;
Establish a multi-sectoral advisory committee; Engage in a comprehensive consultation process. A key aspect of the consultation process
will be to seek input on key safety and well-being issues to help inform an initial action focus for the Plan.
There will be two primary objectives for consultations with the Community: o to seek inputs for drafting the planning document, including the proposed model for
collaboration, planning and action; and o to identify key community safety and well-being issues in Midland that can help
shape an action focus for the Plan.
Input is to be sought from the identified stakeholders, community agencies, residents and others interested in safety and well-being issues in Midland. There will be two primary channels for public input: o Public consultation meetings; and o An online survey.
Input from the consultation process is to be used to help inform the development of a final Community Safety and Well-Being Plan for Midland.
The Community Safety and Well-Being Plan will need to discuss: o Systemic discrimination and other social risk factors that contribute to crime,
addiction, drug overdose, suicide, homelessness, etc. and identify which risk factors are a priority to reduce;
o Strategies to reduce prioritized risk factors; o Measurable outcomes; o Other issues and information as prescribed.
B) STAKEHOLDERS
The primary stakeholders are:
1. The Corporation of the Town of Midland; 2. Midland Public Library Board; 3. Downtown Midland BIA; 4. Salvation Army/Street Outreach; 5. Guesthouse; 6. Canadian Mental Health Association; 7. County of Simcoe Health and Social Services representative; and 8. OPP – Municipal Contract Policing.
Although not specifically identified for the purpose of the CSTF, the Town acknowledges the requirement to engage a variety of stakeholders through this process noting that specifically that Section 197(3) of the Act also identifies the following stakeholders:
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1. A person who represents, i. a local health integration network for a geographic area in which the municipality is
located, as determined under the Local Health System Integration Act, 2006, or ii. an entity that provides services to improve the physical or mental health of individuals
in the community or communities. 2. A person who represents an entity that provides educational services in the municipality. 3. A person who represents an entity that provides community or social services in the
municipality, if there is such an entity. 4. A person who represents an entity that provides community or social services to children
or youth in the municipality, if there is such an entity. 5. A person who represents an entity that provides custodial services to children or youth in
the municipality, if there is such an entity. 6. An employee of the municipality or a member of the municipal council. 7. A person who represents the police service board or, if there is no police service board,
the commander of the detachment of the Ontario Provincial Police that provides policing in the area or his or her delegate.
8. Any other prescribed persons. C) BUSINESS CASE, STRATEGY and 2 YEAR IMPLEMENTATION PLAN REPORT
This task concludes the work of the Consultant by bringing together the analysis in a Report presenting the business case, strategy and the resulting implementation plan. The Report will address:
Statement of actions and deliverables/outcomes
Resourcing requirements for each activity
Funding/financing requirements and options
Key Success Factors to guide the actions
Partnerships
Governance
D) PROJECT MANAGEMENT
The Consultant is expected to proactively manage the project and is responsible to ensure the project is completed in accordance with the timelines established by Council and within budget. Any costs incurred related to project management must be specifically identified and distributed across the various tasks in the project. A summary of the activities to be undertaken in this task is, but not limited to, the following:
Work productively with the CSTF and ensure appropriate Co-ordination of the activities of the Consultant and any sub-Consultants;
Provide regular and as-requested updates to the CSTF and upon reaching certain agreed upon milestones to present an update to the Council on the status and schedule of the project;
Arrange, schedule and conduct meetings for the Community Consultation Process;
Prepare, and submit together, invoices and progress reports to the Town‟s satisfaction documenting work/budget/work-completed-to-date in relation to Upset Cost Estimate.
E) SCHEDULE
CSTF is mandated to provide its final report to Council by August 27, 2018 in order to ensure any material implications to the 2019 Municipal Budget are appropriately identified for future Council consideration.
45. TIMEFRAME OF THE PROJECT
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The required date for the Notice of Study Completion is before or on August 21, 2018.
46. PROPOSAL REQUIREMENTS
The Request for Proposal response submission is in TWO ENVELOPES (Envelope 1 – Technical Requirements and Envelope 2 – Schedule and Pricing Details) and should include at a minimum the following information and shall be submitted in the same sequence provided below:
Envelope 1 – Technical Requirements
a. Proposal Sections
i. Letter of introduction
ii. Table of contents
iii. Project understanding and approach
iv. Deliverables
b. Completed Proponent Information Form
c. Company Background and Relevant Experience
d. Company Personnel
e. Provide a valid certificate of clearance from WSIB
f. Completed Schedule II – Project Team Members
g. Completed Schedule III - List of Sub-contractors
h. Certificate of Independent Bid Determination
i. Declaration of Accessibility Compliance Form
Envelope 2 Schedule and Pricing
a. Completed Proponent Contract Commitment Form
b. Work Schedule including a breakdown of tasks, time and personnel allocation
c. Completed Schedule I - Pricing
If the Proposal is a joint submission of two or more firms, a single Proposal is to be coordinated and submitted with the required information.
47. PROPOSAL EVALUATION
An Evaluation Committee will evaluate each of the RFP‟s received in accordance with the evaluation criteria as set out in the Proposal Documents. The Committee reserves the right to enter into further discussions in order to obtain information that will allow the Committee to reach a decision with a Proponent, and to waive irregularities and omissions if, in doing so, the best interest of the Town will be served.
The Evaluation Committee membership will consist of:
Two Town of Midland staff
Mayor of the Town of Midland (Chair of the CSTF)
The Evaluation Committee will make their recommendation to Council.
Community Safety and Well-Being Plan RFP# P-18-CS-01
Town of Midland Page 21 of 42 April 20, 2018
48. EVALUATION CRITERIA
Selection of a proposal for each element will be based on, but not solely limited to, the following criteria and weighting:
ITEM EVALUATION CRITERIA POINTS
1 Completeness of Proposal 5
2 Experience in similar projects/company profile 20
3 Experience/qualifications of key personnel 20
4 Understanding of the Project and the Town‟s requirements 20
5 Schedule 15
6 Proposed fee 20
Total 100
Points awarded for the “Proposed Fee” portion of the evaluation shall be in accordance with the following:
The lowest fee proposed shall be awarded the full amount of points available for the fee portion of the evaluation (20). All higher fees proposed shall be awarded points, rounded to the closest full point for the fee portion of the evaluation by the following:
Lowest Bid x (maximum points for proposed Fee) =points Proposed Bid
For example: if the low fee is $100,000, 2nd low fee is $130,000 and 3rd low fee is $200,000 their respective scoring would be as follows: The Proponent with the low fee of $100,000 would be awarded 20 points
The Proponent with the 2nd low fee of $130,000 would be awarded points as follows:
$100,000 x 20 = 15 points $130,000
The Proponent with the 3rd low fee of $200,000 would be awarded points as follows:
$100,000 x 20 = 10 points $200,000
This formula would be applied to the balance of proposals received.
Community Safety and Well-Being Plan RFP# P-18-CS-01
THE TOWN OF MIDLAND Page 22 of 42 AGREEMENT TO BE EXECUTED UPON CONTRACT AWARD April 20, 2018
PART IV CONTRACT FORM OF AGREEMENT
CONSULTING SERVICES AGREEMENT Identified in Request for Proposal No. RFP# P-18-CS-01
The Town File # P-18-CS-01
BETWEEN
THE TOWN OF MIDLAND
(“The Town”)
AND
[INSERT NAME OF CONSULTANT]
(“Consultant”)
WHEREAS the Town requested proposals to provide consulting services for the Project
described in Request for Proposals No. RFP# P-18-CS-01;
AND WHEREAS the Consultant has successfully submitted a proposal outlining how it will carry
out the Project; the work team that will be assigned; the proposed schedule of progress; and, a
fee schedule for the work to be carried out.
NOW THEREFORE, in consideration of the covenants contained herein, the sufficiency of
which is hereby acknowledged, the Town and the Consultant mutually agree as follows.
1. Definitions
“Agreement” means this document entitled “Consulting Services Agreement”, the appendices,
RFP, and Proposal.
“Consultant” means [INSERT CONSULTANT NAME] and its subsidiaries, officers, directors,
employees, and agents.
“Contract Administrator” means the Consultant in accordance with the role set out in Section
20.
“Date of Delivery” means the date by which the Services must be completed pursuant to the
Proposal.
“Effective Date” means the start date of this agreement.
“General Contractor” means the lead corporation contracted by the Town to supervise,
coordinate and/or perform the construction of the Project, pursuant to an agreement between
the Town and that party.
Community Safety and Well-Being Plan RFP# P-18-CS-01
THE TOWN OF MIDLAND Page 23 of 42 AGREEMENT TO BE EXECUTED UPON CONTRACT AWARD April 20, 2018
“Director of Corporate Services” means the Town‟ Director of Corporate Services or his
designate.
“OHSA” means the Occupational Health and Safety Act, R.S.O. 1990, c. O.1, as amended, and
the regulations thereto.
“Parties” means the Consultant and the Town collectively.
“Project” means the scope of work as identified in the RFP.
“Proposal” means the formal response the Consultant provided to the Town in response to the
RFP.
“Request for Proposal or RFP” means a formal request issued by the Town, seeking
Proposals from consultants.
“Services” means the administrative services, including design, overseeing construction and
obtaining the required approvals for the Project, provided by the Consultant to the Town, and
further described in Section 7.
“The Town” means THE TOWN OF MIDLAND.
“WSIB” means the Workplace Safety and Insurance Board of Ontario.
2. Administration
2.1 The Director of Corporate Services is responsible for the general direction of the
Consultant for the Project. The Consultant is responsible for the actual Services
performed.
3. Confidential Data
3.1 The Consultant shall not divulge any information identified as confidential that is
communicated to, acquired by, or disclosed by the Town related to the Project. No
information shall be used by the Consultant on any other project, without the written
approval of the Town.
4. Entire Agreement
4.1 This Agreement supersedes all previous agreements, arrangements and understandings
between the Parties, whether written or oral, in connection with or incidental to the Project.
5. Notice
5.1 Notice under this Agreement shall be effective when delivered to the following addresses
on the fifth day after mailing or by fax on the day after it is sent:
Consultant: INSERT NAME OF CONSULTANT
[INSERT ADDRESS OF CONSULTANT]
[INSERT CONSULTANT FAX NUMBER]
The Town: The Director of Corporate Services
THE TOWN OF MIDLAND
575 Dominion Avenue
Midland, ON L4R 1R2
Community Safety and Well-Being Plan RFP# P-18-CS-01
THE TOWN OF MIDLAND Page 24 of 42 AGREEMENT TO BE EXECUTED UPON CONTRACT AWARD April 20, 2018
FAX (7015) 526-9971
6. Retainer
6.1 The Town retains the Services of the Consultant in connection with the Project and the
Consultant agrees to provide the Services described herein under the general direction
and control of the Town.
7. Services
7.1 The scope of the Project and Services to be provided by the Consultant are set out in the
RFP. Where there is an inconsistency between this Agreement and the RFP, the RFP
takes precedence.
8. Contracting for Construction
8.1 Neither the Consultant; nor any person, firm, subsidiary, or corporation associated or
affiliated with the Consultant, shall tender for the construction of the Project, or have an
interest either directly or indirectly in the construction of the Project.
9. Compensation
9.1 The Town shall pay the Consultant in accordance with the fee schedule provided by the
Consultant in the Proposal. Hourly rates identified in the Consultant‟s Proposal shall be
fixed and applicable for a period of two (2) years from the date of contract execution and
subject to a 1.5% annual increase thereafter.
10. Approval by Other Authorities
10.1 Unless otherwise provided in this Agreement, where the Services of the Consultant are
subject to the approval or review of an authority, governmental department, or agency
other than the Town, such applications for approval or review shall be the responsibility of
the Consultant. The Town shall reimburse the Consultant for the costs of said
applications, unless otherwise provided for in the RFP. The Town shall be copied on all
such applications and responses.
11. Assignment
11.1 Neither the Town nor the Consultant may assign any rights, obligations, or responsibilities
under this Agreement without prior written consent of the other party.
12. Suspension or Termination
12.1 If the Consultant fails to perform any part of the Services after the Town provides written
notice of such a failure and 10 days to cure the failure, the Town shall have the right to
engage the services of another consultant to cure the failure by the Consultant and charge
the Consultant the full cost of having to attend to such steps and measures.
12.2 Where it is not possible for the Services to be completed on or before the scheduled Date
of Delivery as a result of the negligence, misconduct, or inability of the Consultant, and
alternative arrangements cannot be made to the satisfaction of the Town within fifteen (15)
days of the Town providing written notice, the Town reserves the right to treat this
Agreement at an end and contract with another consultant to complete the Project. The
Community Safety and Well-Being Plan RFP# P-18-CS-01
THE TOWN OF MIDLAND Page 25 of 42 AGREEMENT TO BE EXECUTED UPON CONTRACT AWARD April 20, 2018
Consultant agrees to fully compensate the Town for the difference in cost between the fee
schedule provided in the Proposal and the acquisition cost of the alternative services.
12.3 The Town may, at any time and at its sole and absolute discretion, provide written notice
to the Consultant that the Town is suspending or terminating the Services or any portion
thereof. Within fifteen (15) days of the written notice, the Consultant shall perform no
further Services other than those reasonably necessary to safely close out that current
portion of the Services. Subject to the terms of this Agreement, the Consultant is entitled
to payment for completed Services to the point of termination and the safe close out of
that current portion of the Services.
12.4 If the Town does not comply with its obligations under this Agreement, the Consultant may
provide 60 days written notice that it intends to terminate this Agreement. The Consultant
is entitled to payment for completed Services to the date of termination, subject to the
terms of this Agreement.
13. Time
13.1 The Consultant shall perform the Services expeditiously to meet the requirements of the
Town and in accordance with the schedule provided by the Consultant. The Town shall
have the right to take possession of and use any completed or partially completed portions
of the Project, notwithstanding any express or implied provisions to the contrary.
13.2 The Parties shall give due consideration to all designs, drawings, plans, specifications,
reports, tenders, proposals and other information submitted to the other party, and shall
make any decisions which it is required to make in connection with the Project, within a
reasonable time so as not to delay the work of the other party.
14. Records and Audit
14.1 In order to provide data for the calculation of fees on a timely basis, the Consultant shall
keep a detailed record of the hours worked and salaries paid to its staff employed for the
Project.
14.2 The Town may inspect and audit the Consultant‟s records, payrolls, hours worked, time
cards or equivalent and third party accounts during regular office hours with respect to any
item which the Town is required to pay as a result of this Agreement.
14.3 At the Town‟ request, the Consultant shall provide copies of receipts with respect to any
disbursements for which the Consultant claims payment for under this Agreement.
15. Changes, Alterations and Additional Services
15.1 The Town may, with thirty (30) days written notice prior to the execution of this Agreement
and 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. If such action by the Town necessitates additional staff resources or
services, the Consultant shall be paid in accordance with the fee schedule provided in the
Proposal. Any such change shall be made pursuant to a Contract Change Order Form
executed by the Consultant and The Town prior to the Consultant undertaking said work.
Except as stated in the Contract Change Order Form, the Services shall remain unaltered
Community Safety and Well-Being Plan RFP# P-18-CS-01
THE TOWN OF MIDLAND Page 26 of 42 AGREEMENT TO BE EXECUTED UPON CONTRACT AWARD April 20, 2018
and the rights and obligations of the Consultant and the Town shall remain unaltered and
in full force and effect.
15.2 Any changes in price or completion schedule agreed upon by both Parties, pursuant to the
Contract Change Order Form, shall be deemed a fair and equitable adjustment, providing
full and final compensation for any cumulative impact on the change in Services, including
both contract cost and contract time. The Consultant releases the Town from any and all
liability under this Agreement for equitable adjustment attributable to the change in
Services.
15.3 This Agreement, except to the extent stated in the Contract Change Form, shall remain
unaltered and in full force and effect.
16. Indemnification
16.1 The Consultant shall indemnify and save harmless the Town from and against all claims,
actions, losses, costs, damages, or other proceedings by whomsoever made, including
substantial indemnity legal costs, which the Town, its employees, officers or agents may
suffer as a result of or in any way caused by negligent acts or omissions by the Consultant
or any of its officers, directors, employees, or agents, in connection with the Services
performed.
17. Insurance and Limit of Liability
17.1 The Consultant shall provide the Town with proof of insurance coverage prior to the
execution of this Agreement, as outlined below, although the request for the stipulated
amount of insurance in no way limits the liability exposure of the Consultant:
(a) General Liability coverage shall be $5,000,000.00 per occurrence. The Town,
and those parties identified within the RFP, shall be specified as additional
Third Party insured with the insurer under the General Liability insurance
policy.
(b) Professional Liability coverage shall be $2,000,000.00 per claim in the
aggregate.
(c) The insurance coverage specified above shall not be changed or amended in
any material way by the Consultant until 30 days after written notice of such
change or cancellation has been delivered to the Town, pursuant to Section 5.
(d) Automobile Liability insurance shall be an amount not less than $2,000,000.00
per occurrence on forms meeting statutory requirements covering all licensed
vehicles used in any manner in connection with the performance of the terms
of this Agreement.
18. Inspection
18.1 The Town, or persons authorized by the Town, shall have the right at all reasonable times
to inspect and review the Services performed, or being performed under the Project, and
the premises where they are being performed.
19. Arbitration
19.1 Any dispute, difference or disagreement between the Town and Consultant in relation to
this Agreement that cannot be resolved by negotiation shall be referred to arbitration
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THE TOWN OF MIDLAND Page 27 of 42 AGREEMENT TO BE EXECUTED UPON CONTRACT AWARD April 20, 2018
unless both parties consent in writing to proceed directly to a court of competent
jurisdiction.
19.2 No person shall be appointed to act as arbitrator who is in any way interested, financially
or otherwise, in the Project or in the business or other affairs of either the Town or the
Consultant.
19.3 The award of the arbitrator shall be final and binding upon the parties and shall not be
subject to appeal by the Parties or any one of them.
19.4 The provisions of the Arbitration Act, 1991, S.O. 1991, c. 17, as amended, shall apply.
20. Contract Administrator
20.1 If the RFP states that the Consultant shall undertake the role of Contract Administrator,
this section applies to the Consultant. The Consultant shall comply with the requirements
of the Contract Administrator as stated in the most recent revision of the Ontario Provincial
Standards for Road and Public Works General Conditions for Contract dated April 2010
(OPSS MUNI 100) with the exception of any financial authority. As Contract Administrator,
the Consultant shall be the Town‟s representative during the construction phase and until
the issuance of the Completion Certificate or the issuance of the First Acceptance
Certificate, whichever is later. The Consultant shall inspect the work for its conformity with
the plans and specifications, and to record the necessary data to establish payments. For
this portion of the Consultant‟s work, the Consultant will not be acting in the role as
constructor but performing quality control, pursuant to Section 1(3) of the OHSA. This use
of the term quality control in this section has the meaning prescribed in the OHSA and not
that related to the quality of work of the General Contractor.
21. Publication
21.1 The Consultant agrees to obtain the written consent of the Town before publishing or
issuing any information regarding the Project.
22. Legal Survey, Expropriation and Permit Fees
22.1 Any legal survey work that is not specified in the Proposal shall be considered an
additional cost and shall be negotiated between the Parties at the time such work is
determined to be necessary by the Town at its sole and absolute discretion.
22.2 An attendance by the Consultant at a hearing to testify on the justification of an
expropriation shall be an extra cost for which additional compensation will be provided to
the Consultant based on the billable hours stated in the Proposal.
22.3 The Town shall be responsible for any permit fees that may be required during the Project.
23. Payment of Fees
23.1 At the end of each month, the Consultant shall provide the Town with a payment
certificate or invoice for interim fee payments, detailing the fees to be paid based on the
delivered Services during that period. The payment certificate or invoice shall include the
hourly billing rate for the specific period, the total to date by activity, the estimated total in
the Proposal by activity, the overall total and the amount of the total bid price excluding
applicable taxes and a statement whether the project is within budget.
Community Safety and Well-Being Plan RFP# P-18-CS-01
THE TOWN OF MIDLAND Page 28 of 42 AGREEMENT TO BE EXECUTED UPON CONTRACT AWARD April 20, 2018
23.2 The Town of Midland payment terms are 30 days from receipt of a duly executed Payment
Certificate or invoice issued by the Consultant.
23.3 The Town shall pay interest at a rate of 4% per annum calculated monthly for outstanding
amounts commencing 90 days from the date the invoice is received by the Town, except
where the invoice is disputed, in which case interest will not accrue until the date that the
parties agree to a resolution or one is rendered by an arbitrator or court of competent
jurisdiction.
24. Monthly Reporting of Progress
24.1 The Town and Consultant shall meet monthly to review the progress of the Services. The
Consultant shall provide a brief written report showing the progress of the Services for the
previous month.
25. Drawings and Documents
25.1 Drawings and documents or copies thereof required for the Project shall be exchanged
between the Consultant and The Town on an “as needed” basis. Any drawings, reports,
electronic media that is provided to the Consultant by the Town shall be strictly used by
the Consultant for the services of the Project only. Documents prepared by the
Consultant for the Town are the property of the Town. Upon completion of the contract, all
records shall be transferred to the Town for retention and archive.
26. Software Specifications
26.1 All documents and drawings must be provided to the Town by the Consultant in digital
format as well as hardcopy. The digital copy is to be Windows compatible and is to be
provided on a Compact Disc (“CD”). All CDs are to be labelled with the originator, Project,
contents and date, with sequential numbering being provided where there is more than
one CD. Where there is mixed data on a disk, the data must be organized into
appropriate directories, with an index file (“.TXT” format) in the root directory of the file.
26.2 Text documents must be provided to the Town by the Consultant in “.doc”, “.docx” or “.rtf”
formats, with spreadsheets in “.xls” or “.xlsx” formats. Databases must be in the preferred
“.mdb” or alternatively in “TSQL” format. Drawings are to be in “AutoCAD 2007” (“.dwg”
format) or ESRI ArcMap document (“.mdx” format) including supporting files in shapefile
(“.shp”) or personal geodatabase (“.mdb”), as appropriate.
26.3 Digital drawings provided to the Town by the Consultant must be printable and readable
as delivered, on a colour plotter, without pen reassignments or colour assignments.
Original vector drawings must be submitted in vector format and not in a converted “bit”
format. Drawings must be accompanied by any associated font or shape files that are
needed to reproduce the drawings. Layer colours must comply with the Town‟ standards.
All location drawings must be geo-referenced to UTM zone 17 North, NAD 83.
27. Staff and Methods
27.1 The Consultant shall use modern, accepted industry standard methods and shall skilfully
and competently perform the Services. The Consultant shall employ only skilled,
competent, qualified staff who will be supervised by a senior member of the Consultant's
staff.
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THE TOWN OF MIDLAND Page 29 of 42 AGREEMENT TO BE EXECUTED UPON CONTRACT AWARD April 20, 2018
27.2 The Consultant's project team shall consist of the staff identified in the RFP. The
Consultant will notify the Town in writing if a change is required. The Town reserves the
right to reject individuals from the Project.
28. Preparation of Estimate of Fees, Schedule of Progress and Staff List
28.1 The Consultant shall adhere to the estimate and schedule as detailed in the Proposal and
the staff list as detailed in the response to the RFP.
29. Subsequent Changes in the Estimate of Fees, Schedule of Progress and Staff List
29.1 The Consultant requires written approval of the Town in order to adjust the estimated fees
and/or the schedule of progress if it may result in a delayed Date of Delivery, or an
adjustment to the number, classification and/or salary range of the staff provided in the
response to the RFP.
30. Sub-Consultants
30.1 The Consultant may engage sub-consultants for specialized services provided that (i) prior
written approval is obtained from the Town; and, (ii) a mark-up of not more than 5% of the
cost of the Services, if not already included in the Proposal, would result when claiming
reimbursement from the Town. The Town will not issue payment directly to any sub-
consultants.
30.2 The Consultant shall ensure that any sub-consultants possess the appropriate insurance,
comply with WSIB, and the Town‟s Health and Safety Policies in the same manner and/or
equivalent to those of the Consultant.
30.3 The Consultant shall be fully responsible for any sub-consultant utilized by the Consultant
during the provision of Services.
31. Workplace Safety and Insurance Board
31.1 The Consultant shall supply a Certificate from WSIB prior to execution of the Agreement
indicating that all of the assessments the Consultant or any Sub-contractor is liable to pay
under the WSIB or successor legislation have been paid and they are in good standing
with the WSIB. The Consultant shall submit a copy of the WSIB accident frequency rate
to the Town prior to the execution of this Agreement.
31.2 If the Consultant or a Sub-consultant is an independent contractor, it shall submit a letter
from the WSIB confirming that it has Independent Operator Status. If the Consultant or
Sub-consultant has not yet received Independent Operator Status, the Consultant shall
complete an Independent Operator Status Questionnaire upon being awarded the
Contract and fund all costs associated with any appeal of a determination by WSIB that
the Consultant is not an Independent Operator.
31.3 The Consultant acknowledges and agrees that the Town is not hiring an employee(s) to
perform the Services. As such, the Town reserves the right to terminate this Agreement if
all WSIB appeals have been exhausted and the Consultant or Sub-Consultant is
determined by WSIB, or court or tribunal of competent jurisdiction, to be an employee of
the Town. All material and documents associated with the Project, as well as all The
Town property, shall be returned to the Town. The Consultant acknowledges and agrees
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THE TOWN OF MIDLAND Page 30 of 42 AGREEMENT TO BE EXECUTED UPON CONTRACT AWARD April 20, 2018
that it will be compensated for any work completed to that date less any additional costs
associated with obtaining Services from a new Consultant. The risk associated with
completing any work while there is an appeal process underway is entirely born by the
Consultant in such cases.
32. Occupational Health and Safety Act
32.1 In the event that the services to be provided by the Consultant under this Agreement
during the design phase includes services to which the OHSA applies (e.g. Geotechnical
Investigation), the Consultant shall comply with all such obligations and requirements and
shall assume the obligations of “Constructor” within the meaning of the OHSA in respect
to the Services.
32.2 During the construction phase, the Consultant has a quality control function under the
OHSA and is not a “Constructor”. Nevertheless, the Consultant is responsible for the
following with respect to health and safety:
a) demonstrate, establish and maintain a health and safety program with
objectives and standards consistent with applicable legislation and with the
Town‟s health and safety policy and requirements;
b) include health and safety provisions in its management systems to reach and
maintain a consistently high level of health and safety;
c) ensure that workers in its employ are aware of the hazards that may exist at
the place of work and wear appropriate personal protective equipment that
meets regulated and legislative requirements;
32.3 The parties acknowledge that the Town shall submit a written request to the Director of
the Ministry of Labour for a designation that the design phase is a separate project from
the construction phase, pursuant to the provisions of Section 4 of Ontario Regulation
213/91 under the OHSA, where design and construction phases are anticipated to
overlap. In the event that the Director of the Ministry of Labour grants such application, the
Consultant shall continue as “constructor” of the design phase through to completion of
the Project. In the event that the Director of the Ministry of Labour does not grant such
application, the Town's general contractor shall assume the obligations of "Constructor"
within the meaning of the OHSA in respect to the construction phase of the Project and
shall continue as "Constructor" through to completion of the Project. This Agreement
governs both the design phase of the Project and the construction phase of the project.
32.4 The Town retains the right to stop the Consultant from performing the Services without
penalty whatsoever to the Town if the Consultant does not comply with the OHSA, the
Town's health and safety policies and standards, or creates an unreasonable health and
safety hazard.
33. Effective Date
The Consultant and the Town acknowledge and agree that the Effective Date of this Agreement
is _____________________________, 2018.
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THE TOWN OF MIDLAND Page 31 of 42 AGREEMENT TO BE EXECUTED UPON CONTRACT AWARD April 20, 2018
IN WITNESS THEREOF the Parties hereto affix their corporate seals attested by the hands of
their respective officers duly authorized in that behalf on the dates herein written below:
Signed this _____________________ day of ________________, 2018.
(INSERT NAME OF CONSULTANT)
________________________________
Signature:
________________________________
Title:
(I have the authority to bind the Company)
Seal:
______________________________
Witness Signature: (If not under seal)
_______________________________
THE TOWN OF MIDLAND
________________________________
Amanpreet Singh Sidhu
Director of Corporate Services
________________________________
Karen Desroches
Town Clerk
We have authority to bind the Corporation.
Title:
Community Safety and Well-Being Plan RFP# P-18-CS-01
THE TOWN OF MIDLAND Page 32 of 42 BID FORM – THIS PAGE MUST BE INCLUDED WITH SUBMISSION December 15, 2017
PART V BID FORM
BID FORM
THE TOWN OF MIDLAND
Corporate Services 575 Dominion Avenue, Midland, ON L4R 1R2
RFP#: P-18-CS-01
Community Safety and Well-Being Plan
THE DOCUMENTS TO BE ENCLOSED WITH THIS BID FORM ARE AS FOLLOWS: Submission Label affixed to the Outside of the submission
package
Envelope 1 – Technical Requirements
Proponents Information Form Signed & Sealed Proponents Understanding of the Scope of Work Schedule II – Project Team Members Schedule III – List Sub-Contractors Schedule IV – Ability and Experience Form Certificate of Independent Bid Determination Accessibility Compliance Form
Envelope 2 – Schedule and Pricing Proponents Contract Commitment Form Proposed Project Work Schedule Schedule I – Proposed Pricing Schedule
Community Safety and Well-Being Plan RFP# P-18-CS-01
THE TOWN OF MIDLAND Page 33 of 42 BID FORM - THIS PAGE MUST BE INCLUDED WITH SUBMISSION December 15, 2017
THE TOWN of MIDLAND
RFP# P-18-CS-01
PROPONENTS INFORMATION FORM
PROPONENTS must complete this form and include with the Proposal Submission Please ensure all information is legible.
1. Proponent‟s Contact Individual
2. Company Name
3. Company Address
4. Office Phone #
5. Toll Free #
6. Cellular #
7. Fax #
8. e-mail address
9. Website
10. HST Account #
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
This will acknowledge receipt of the following addenda and, that the pricing quoted includes the provision set out in such addenda
ADDENDUM # DATE RECEIVED
# _________ _______________________________________
# _________ _______________________________________
# _________ _______________________________________
□ Check here if NO Addendum received. Proponent: ____________________________ Date ___________________
Signature: _____________________________________________________________
Community Safety and Well-Being Plan RFP# P-18-CS-01
THE TOWN OF MIDLAND Page 34 of 42 BID FORM - THIS PAGE MUST BE INCLUDED WITH SUBMISSION April 20, 2018
PROPONENTS CONTRACT COMMITMENT FORM To The Town of Midland, Hereafter called the "The Town": I/WE____________________________________________________ the undersigned declare: 1. THAT no Person(s), Firm or Corporation other than the one whose signature(s) of whose proper
officers and the seal is or are attached below has any interest in this Proposal or in the Proposal proposed to be undertaken.
2. THAT this Proposal is made without any connections, knowledge, comparison of figures or
arrangements with any other company, firm or person making a Proposal for the same Work and is in all respects fair and without collusion or fraud.
3. I/WE represent that no member of the Council, and no officer or employee of the Town, is, or
has become interested, directly or indirectly, as a contracting party, partner, stockholder, surety or otherwise howsoever in or on the performance of the said Proposal, or in the supplies, Work or business in connection with the said Proposal, or in any portion of the profits thereof, or of any supplies to be used therein, or in any monies to be derived there from.
4. THAT the several matters stated in the said Proposal are in all respects true accurate and
complete. 5. THAT I/WE do hereby Propose and offer to enter into an agreement to Supply and deliver all
materials mentioned and described or implied therein including in every case freight, duty, currency exchange, H.S.T. in effect on the date of the acceptance of Proposal, and all other charges on the provisions therein set forth and to accept in full payment therefore, in accordance with the prices and terms set forth in the Proposal herein.
6. THAT additions or alterations to or deductions from the said Proposal, if any, shall be made in
accordance with the prices stated in Provisional Items of the Schedule of Unit prices in strict conformity with the requirements of the Proposal and all unused monies in Provisional Items shall be deducted from the final cost of the Work and any quantities exceeding those shown shall be added.
7. THAT this Proposal is irrevocable and open to acceptance until the formal Proposal is executed
by the awarded Proponent for the said Work or Ninety (90) Business days from the Submission Deadline, and prices for as long as stated elsewhere in the document, whichever event first occurs and that the Town may at any time within that period without notice, accept this Proposal whether any other Proposal has been previously accepted or not.
8. THAT the awarding of the Proposal, by the Town is based on this submission, which shall be an
acceptance of this Proposal. 9. THAT if the Proposal is accepted, I/WE agree to furnish all documentation, security and
certifications as required by the Proposal Document and to execute the agreement in triplicate within Ten (10) Business days after notification of award. If I/WE fail to do so, the Town may accept the next lowest or any Proposal or to advertise for new Proposals, or to carry out completion of the works in any other way they deem best and I/WE also agree to pay to the Town the difference between this Proposal and any greater sum which the Town may expend or incur by reason of such default or failure or by reason of such action as aforesaid on their part, including the cost of any advertisement for new Proposals, and shall indemnify and save
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harmless the Town and their officers from all loss, damage, cost, charges and expense which they may suffer or be put to by reason of any such default or failure on my/our part.
10. THAT I/WE agree to save the Town, its agents, or employees, harmless from liability of any kind
for the use of any composition, secret process, invention, article or appliance furnished or used in the performance of the Proposal of which the Proponent is not the patentee, assignee, or licensee.
11. THE PROJECT TOTAL FROM SCHEDULE I (Including HST): ________________________ ____________________________________________________________________________ _______________________________________DOLLARS ($__________________________)
in lawful money of Canada.
12. The Proponent hereby accepts and agrees that the Addendum/Addenda referred to in this document form part and parcel of the said contract. All Addendum/Addenda should be issued before forty eight (48) hours of Closing Time. It is the responsibility of the Proponent to have received all Addendum/Addenda that have been issued by the Town of Midland.
Proponents are encouraged to check with the Biddingo.com website prior to submitting a proposal to ensure receipt and acknowledgment of all addenda’s released.
The undersigned affirms that he/she is duly authorized to execute this Proposal. PROPONENT'S SIGNATURE AND SEAL: ____________________________________________
POSITION: __________________________________________________
WITNESS: ___________________________________________________
POSITION: __________________________________________________ (If Corporate Seal is not available, documentation shall be witnessed) DATED AT THE _________________________________________________________________
(City/The Town) THIS_______________ DAY OF_____________________________________,2019.
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SCHEDULE I
PROPOSED PRICING SCHEDULE
The submission amount shall include all costs incurred, including HST.
Description of goods/services required
Unit Cost Extended Cost
$
$
$
$
$
$
SUBTOTAL
$
H.S.T.
$
**Total Bid Price
$
** Transfer Total Bid Price to Page 37; Item # 11
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SCHEDULE II PROJECT TEAM MEMBERS
CONTACT NAME &
NUMBER
TITLE
WORK ACTIVITY
HOURLY RATE
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SCHEDULE III LIST SUB-CONTRACTORS
The Proponent shall list below, the sub-contractor which may assist in the completion of the Work. Only the sub-contractors listed below are permitted to work as your representative on the Project. State OWN FORCES if a sub-contractor is not required for any of the trades listed. The Town reserves the right to approve all proposed sub-contractors and where the Town objects to the use of any proposed sub-contractor, the Proponent shall use another sub-contract proponent acceptable to the Town. Any proposed changes to the approved list of sub-contractors subsequent to the execution of the Contract shall be subject to the approval of the Town. The successful Proponent may be required to produce schedule of references for all or any proposed sub-contractors. The successful Proponent shall only use those sub-contractors approved by the Town and shall be held fully responsible to the Town for the acts and omissions of its sub-contractors.
SUB-CONTRACTOR
(Type of work)
CONTACT NAME,
ADDRESS
TELEPHONE
NUMBER
WSIB ACCOUNT #
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SCHEDULE IV ABILITY AND EXPERIENCE FORM
The Proponent shall provide below three (3) separate Customers other than the Town having purchased a similar size and design of goods and/or services as specified herein for a previous three (3) year period from the issuance of this document.
REFERENCE # 1
Customer
Contact Name & Phone Number
Contact Email Address
Date of Purchase
Description of Goods or Services Provided
REFERENCE # 2
Customer
Contact Name & Phone Number
Contact Email Address
Date of Purchase
Description of Goods or Services Provided
REFERENCE # 3
Customer
Contact Name & Phone Number
Contact Email Address
Date of Purchase
Description of Goods or Services Provided
REFERENCE RELEASE FORM I (authorized signatory for the submitting Firm) authorize the Town to contact the person and/or organization listed on the ABILITY & EXPERIENCE FORM, for the purpose of obtaining information relating to the Proponent. The Town reserves the right to call references if in its sole discretion finds a need to do so. The Town reserves the right to check other references other than listed herein.
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CERTIFICATE OF INDEPENDENT BID DETERMINATION
I, the undersigned, in submitting the accompanying submission (hereinafter “bid”) to:
THE TOWN OF MIDLAND
(Corporate Name of Recipient of this Submission)
For:
(Name and Number of Bid and Project)
in response to the call or request (hereinafter “call”) for bids made by:
THE TOWN OF MIDLAND
(Name of Bidding Authority)
do hereby make the following statements that I certify to be true and complete in every respect:
I certify, on behalf of _______________________________________________________________________ that:
(Corporate Name of Proponent [hereinafter “Proponent”])
1. I have read and I understand the contents of this Certificate;
2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in every respect;
3. I am authorized by the Proponent to sign this Certificate, and to submit the accompanying bid, on behalf of the Proponent;
4. each person whose signature appears on the accompanying bid has been authorized by the Proponent to determine the terms of, and to sign, the bid, on behalf of the Proponent;
5. for the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall include any individual or organization, other than the Proponent, whether or not affiliated with the Proponent, who
a. has been requested to submit a bid in response to this call for bids;
b. could potentially submit a bid in response to this call for bids, based on their qualifications, abilities or experience;
6. the Proponent discloses that (check one of the following, as applicable):
a. the Proponent has arrived at the accompanying bid independently from, and without consultation, communication, agreement or arrangement with, any competitor;
b. the Proponent has entered into consultations, communications, agreements or arrangements with one or more competitors regarding this call for bids, and the Proponent discloses, in the attached document(s), complete details thereof, including the names of the competitors and the nature of, and reasons for, such consultations, communications, agreements or arrangements;
7. in particular, without limiting the generality of paragraphs (6)(a) or (6)(b) above, there has been no consultation, communication, agreement or arrangement with any competitor regarding:
a. prices;
b. methods, factors or formulas used to calculate prices;
c. the intention or decision to submit, or not to submit, a bid; or
d. the submission of a bid which does not meet the specifications of the call for bids;
e. except as specifically disclosed pursuant to paragraph (6)(b) above;
8. in addition, there has been no consultation, communication, agreement or arrangement with any competitor regarding the quality, quantity, specifications or delivery particulars of the products or services to which this call for bids relates, except as specifically authorized by the Bidding Authority or as specifically disclosed pursuant to paragraph (6)(b) above;
9. the terms of the accompanying bid have not been, and will not be, knowingly disclosed by the Proponent, directly or indirectly, to any competitor, prior to the date and time of the official bid opening, or of the awarding of the contract, unless otherwise required by law or as specifically disclosed pursuant to paragraph (6)(b) above.
(Printed Name and Signature of Authorized Agent of Proponent) (Position Title) (Date)
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DECLARATION OF ACCESSIBILITY COMPLIANCE FORM
Company Name: __________________________________________ Print Name: __________________________________________ Title: __________________________________________ Date: __________________________________________ I acknowledge that I am required to comply with the Accessibility for Ontarians with Disabilities Act, 2005 including but not limited to the Accessibility for Customer Service and the Integrated Accessibility Standard Regulation. I confirm that my employees, agents, volunteers and representatives who are required to receive training under the Act have completed the required training. I will provide to the Town of Midland any further documentation that confirms this training upon its request. I will indemnify the Town of Midland (“the Town”) from and against any costs, expenses, fines, penalties, damages or losses that may arise or may be incurred as a result of my failure to comply with these requirements. I declare that I have read, understand and will meet all enacted accessibility standards as amended from time to time. I further declare that if applicable I will undertake to ensure any sub-contractors hired by for the completion of work contracted for the Town will also comply with the above requirements. _______________________ ____________________________ Authorized Signature Date I have authority to bind the corporation
Community Safety and Well Being Plan RFP# P-18-00--
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SUBMISSION LABEL
From:
Address:
Contact:
E-mail:
Deliver to:
The Town of Midland
ATTN: Director, Corporate Services 575 Dominion Avenue Midland, ON L4R 1R2
SEALED PROPOSAL:
RFP #: P-18-CS-01
DESCRIPTION: Community Safety and Well-Being Plan
CLOSING DATE: May 25, 2018 at 2:00 PM
For Town Office use only:
Received By: Date and Time Received: