The Corporation of The Town of Parry Sound Special Council Meeting Agenda January 12, 2016 1 Agenda Date: January 12, 2016 Time: 5:30 pm Location: Municipal Office, 52 Seguin Street, Parry Sound, Gibson St. entrance Members Present: Staff Present: 1. Agenda 1.1 Additions to Agenda 1.2 Prioritization of Agenda 1.3 Adoption of Agenda Moved by Councillor Seconded by Councillor That the January 12th, 2016 Agenda be approved as circulated. 1.4 Disclosure of Pecuniary Interest and the General Nature Thereof
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The Corporation of The Town of Parry Sound
Special Council Meeting Agenda January 12, 2016
1
Agenda
Date:
January 12, 2016
Time:
5:30 pm
Location:
Municipal Office, 52 Seguin Street, Parry Sound, Gibson St. entrance
Members Present:
Staff Present:
1. Agenda
1.1 Additions to Agenda
1.2 Prioritization of Agenda
1.3 Adoption of Agenda
Moved by Councillor
Seconded by Councillor
That the January 12th, 2016 Agenda be approved as circulated.
1.4 Disclosure of Pecuniary Interest and the General Nature Thereof
The Corporation of The Town of Parry Sound
Special Council Meeting Agenda January 12, 2016
2
2. Public Meeting
3. Minutes and Matters Arising from Minutes
3.1 Adoption of Minutes
3.2 Questions of Staff
4. Correspondence
5. Deputations
6. Mayor & Councillors' Reports
7. Ratification of Matters from Closed Agenda
8. Consent Agenda
9. Resolutions and Direction to Staff
9.1 Development and Leisure Services
9.2 Emergency and Protective Services
9.3 Administration
9.4 Finance and POA Court Services
9.4.1 2016 Budget
Spokesperson: Trevor Pinn, Director of Finance & POA Court Services
2016 Budget Discussions
9.5 Public Works
The Corporation of The Town of Parry Sound
Special Council Meeting Agenda January 12, 2016
3
9.6 Other Business
10. By-laws
10.1 Development and Leisure Services
10.2 Emergency and Protective Services
10.3 Administration
10.4 Finance and POA Court Services
10.5 Public Works
10.5.1 Community Support Accessible Transport Services Agreement
Spokesperson: Peter Brown, Director of Public Works
By-law 2016-6593
Being a by-law to authorize the execution of an agreement with The Board of
Management for the District of Parry Sound West Home for the Aged for the provision of
accessible transportation.
10.6 Other Business
11. Adjournment
The Corporation of The Town of Parry Sound
Special Council Meeting Agenda January 12, 2016
4
Personal Information collected in Section 2. Public Meeting, Section 4. Correspondence
and/or Section 5. Deputations is collected under the authority of the Municipal Freedom
of Information and Protection of Privacy Act (MFIPPA), Section 21. (1) c and will be
used to create a record available to the general public.
The Corporation of the Town of Parry Sound
Council Report and Recommendation
Open or Closed Agenda:
Open
Section 239 (2), Municipal Act, Subsection:
Council Meeting Date:
January 12, 2016
Subject:
2016 Budget Discussions
TOMRMS File Number:
F05 - Budget (2016 Budget)
Spokesperson(s) Name and Title:
Trevor Pinn, CPA, CA - Director of Finance and POA Court Services
Department:
Finance
Report Recommendation
By-Law:
9.4.1
2
Resolution:
Direction (For Direct Staff Follow-Up):
That Staff revise the draft 2016 Operating budget to include changes as outlined in
Attachment #1 - " Summary of changes from Proposed Budget (Dec 1)" as amended.
Direction (For Open Council Resolution):
Direction (For Open Council By-law):
Purpose:
To facilitate budget deliberations for the 2016 budget
Identify Relationship to Strategic Priorities:
Core Service - Yes
Key Performance Objectives (KPOs) - Yes
New Service, Project or Program - Yes (included within budget)
Does This Item Relate to Council’s Strategic Priorities? - Yes
Background/Report:
On December 1, 2015 Staff presented a proposed budget to Council for the 2016 fiscal
year. Subsequent to the presentation of the overview of this proposed budget new
information was made available to staff regarding external levies, as well as the final tax
assessment for the Town.
This resulted in changes being made to the budget as proposed to Council on
December 1, 2015. Staff met the first week of January to make revisions to the
3
proposed budget to bring the 2016 budget back down to the 1.9% tax rate increase as
specified in the Town's Budget and Financial Control Policy.
The attached documents are revised based on these changes.
Advantages and/or Disadvantages of Recommendation:
n/a
Alternatives:
Cost/Financial Impact:
Included in Current Budget:
Yes
Attachments:
Attachment #1 - Summary of changes from Proposed Budget (Dec 1)
Attachment #2 - Revised Operating Budget for 2016
Attachment #3 - Revised Tax Levy Determination
(Accessible format available upon request)
CAO’s Comments
Recommends Council Approval:
Yes
Recommends Council consider staff recommendation with the
following comments:
Changes to Budget from
Staff Proposed Budget of December 1, 2015
For the Tax Year 2016
Change from Proposed Budget Department Account Number
Net Levy 463,924.35$ 1,034,395.00$ 530,415.00$ 35,000.00$ (200.00)$ 565,215.00$ -45.4%
2015 2016
Page 5 of 27
Town of Parry SoundDraft Budget Fiscal 2016Information Technology
2014 Actual 2015 Budget (As Passed)
Baseline Budget
One-Time Items
Service Level Changes Total Budget
% Budget Change
Total Information Technology 138,858.01$ 151,700.00$ 125,990.00$ 1,000.00$ 91,350.00$ 218,340.00$ 43.9% Total Corporate -Digital Info System 10,042.45 20,845.00 20,800.00 2,500.00 5,500.00 28,800.00 38.2%
Total Expenses 148,900.46$ 172,545.00$ 146,790.00$ 3,500.00$ 96,850.00$ 247,140.00$ 43.2%
Total Old Fire Hall 3,038.81$ 3,696.52$ 3,700.00$ -$ -$ 3,700.00$ 0.1% Total CPR Station 10,055.83 11,162.88 11,208.00 - - 11,208.00 0.4% Total CNR station 1,252.50 10,379.88 10,350.00 - - 10,350.00 -0.3%
Total Expenses 14,347.14$ 25,239.28$ 25,258.00$ -$ -$ 25,258.00$ 0.1%
Net Levy 4,631.94$ 15,389.28$ 15,408.00$ -$ -$ 15,408.00$ 0.1%
Expenses Total Building inspection 166,905.37$ 190,278.00$ 198,270.00$ -$ 4,100.00$ 202,370.00$ 6.4% Total Planning -General 125,592.50 149,760.00 151,310.00 30,000.00 ( 6,400.00 ) 174,910.00 16.8% Total Committee of adjustments 5,032.34 9,340.00 8,740.00 - ( 200.00 ) 8,540.00 -8.6%
Total Planning and Building Expenses 297,530.21$ 349,378.00$ 358,320.00$ 30,000.00$ ( 2,500.00 )$ 385,820.00$ 10.4%
Net Levy ( 19,164.40 )$ 267,378.00$ 276,320.00$ 30,000.00$ ( 2,500.00 )$ 303,820.00$ 13.6%
2015 2016
Page 26 of 27
Town of Parry SoundDraft Budget Fiscal 2016
Development and Leisure Services
2014 Actual 2015 Budget (As Passed)
Baseline Budget
One-Time Items
Service Level Changes Total Budget
% Budget Change
Expenses Total Highway signs 10,922.28$ 11,402.96$ 11,420.00$ -$ -$ 11,420.00$ 0.1% Total Industrial Park Board 13,260.00 13,260.00 13,260.00 - - 13,260.00 0.0% Total BIA 61,338.35 - - - - - 0.0% Total Façade Program - - - - - - 0.0% Total Economic development misc. 174,859.16 186,900.00 185,700.00 - 2,500.00 188,200.00 0.7% Total Community Business Development Corporation - 11,400.00 - - 12,500.00 12,500.00 9.6% Total Area economic strategy 431.52 500.00 500.00 - - 500.00 0.0% Total Fitness Trail Master Plan - 5,000.00 5,000.00 - - 5,000.00 0.0% Total OSUM Conference 67,933.46 - - - - - 0.0% Total 8-80 Cities Workshop 10,955.49 1,000.00 - - 2,000.00 2,000.00 100.0% Total Amazing Places - - - 4,000.00 - 4,000.00 0.0% Total Business marketing 900.58 16,550.00 16,550.00 - ( 1,500.00 ) 15,050.00 -9.1% Total Tourism marketing 5,238.14 25,500.00 25,500.00 - ( 5,000.00 ) 20,500.00 -19.6% Total Cruise Ships - 1,500.00 1,500.00 - - 1,500.00 0.0% Total Communications 9,405.60 14,000.00 14,000.00 - - 14,000.00 0.0% Total Web site related costs 354.00 - - - - - 0.0% Total Waterfront Advisory Committee 5,643.82 9,000.00 9,000.00 3,000.00 ( 2,000.00 ) 10,000.00 11.1% Total Waterfront development - 12,000.00 12,000.00 - - 12,000.00 0.0% Total Dragon boats 331.35 2,161.00 2,161.00 - - 2,161.00 0.0% Total Canada Day celebrations 15,576.26 22,305.00 22,305.00 - - 22,305.00 0.0% Total BOHF triathalon 7,075.17 10,105.00 10,105.00 - - 10,105.00 0.0% Total Waterfront remediation costs 6,051.61 10,000.00 8,000.00 - - 8,000.00 -20.0% Total Smelter Wharf 33,851.59 27,027.28 26,309.98 - - 26,309.98 -2.7%
Total Development Expenses 424,128.38$ 379,611.24$ 363,310.98$ 7,000.00$ 8,500.00$ 378,810.98$ -0.2%
2015 2016
Page 27 of 27
Town of Parry Sound
Determination of Tax Levy
December 31, 2016
2016 Budget Item Item Total Sub Total CommentsTotal Levy From Statement of Operations 6,314,595$ Adjustments
Remove Amortization Expense (4,611,421) Adjust for (Gain) Loss on disposal of assets -
Adjusted Operating Budget 1,703,174$ Capital Grants and Donations Not Included in Operating
Federal funding for Dock B (126,900)$ Parry Sound Soccer Club (10,000) (136,900)
Capital Budgets Total Cost (See Summary) 7,331,438 Transfers from Reserves (See Summary) (2,155,480) Transfers from Reserve Funds (See Summary) (508,725) Transfers to Reserves (See Summary) 2,437,846 Transfers to Reserve Funds (See Summary) 373,369 Interest Earned on Reserve Funds Added to Reserve Fund 30,825 New Borrowing
Smelter Wharf (Port) 24,374 Water Filtration Plant 278,000 Gibson Street Project 57,500 McDougall Water Tower System 100,000 Riverdale Road Project 35,000 Wastewater Plant 125,000 Municipal Office 87,500 Wastewater Force Mains 12,500 BOCC 56,250 James, Gibson & Mary St 56,250
WPSHC - Repayment Building Fees 15,045 2015 Issuance - College Drive, Forrest St, Hillcrest Storm Sewer 106,666 Assumes rate of 2.86% for 15 years
LED Lighting - Repayment to Capital Asset Legacy Reserve Fund 121,525 1,075,610 Assumes rate of 1.05% for 5 years
Net Levy Required 9,551,158$ Taxes at 1.9% 9,551,158 Based on final MPAC tax rollAmount to remove (add) to reach goal 0-$
9.4.1 Attachment # 3
The Corporation of the Town of Parry Sound
Council Report and Recommendation
Open or Closed Agenda:
Open
Section 239 (2), Municipal Act, Subsection:
Council Meeting Date:
January 12, 2016
Subject:
Community Support Accessible Transport Services Agreement
TOMRMS File Number:
L04 - Contracts and Agreements
Spokesperson(s) Name and Title:
Peter Brown, Director of Public Works
Department:
Public Works
10.5.1
2
Report Recommendation
By-Law:
Being a by-law to authorize the execution of an agreement with The Board of
Management for the District of Parry Sound West Home for the Aged for the provision of
accessible transportation.
Resolution:
Direction (For Direct Staff Follow-Up):
Direction (For Open Council Resolution):
Direction (For Open Council By-law):
Purpose:
To authorize the execution of an agreement.
Identify Relationship to Strategic Priorities:
Core Service - yes
Key Performance Objectives (KPOs) - Yes, for 2015
New Service, Project or Program - yes
Does This Item Relate to Council’s Strategic Priorities? For 2015: Quality of Life
3
Background/Report:
On April 21, 2015, upon the recommendation of the writer, Council agreed that the best
use of the accumulated funds in the Public Transit Gas Tax Reserve Fund was to
purchase an accessible vehicle to provide seniors and persons with disabilities a
transportation system and further Council directed staff to negotiate an agreement for
the provision of such a service.
The new van, a Dodge Ram Promaster 2500, has been delivered and is currently
parked at the Public Works yard, until the agreement has been executed by both
parties.
The agreement, attached as Schedule "A", has a three year term and is between the
Town (the "Owner") and The Board of Management for the District of Parry Sound West
Home for the Aged (the "Operator").
The Town, as the Owner of the accessible vehicle, is responsible for regularly
scheduled maintenance and warranty work, which shall be performed by the closest
Dodge dealership. The Town will also provide advertising and publicity as is reasonably
necessary to promote the transportation services and to notify the public of any changes
in such services, utilizing the Town's website.
The Board, as the Operator, shall be responsible for any damage to the vehicle that
occurs while being used by the Operator, normal wear and tear excluded. The Operator
shall be responsible for screening potential Clients to determine whether they are
eligible to receive transportation services from the Operator. The parties agree that
$1.00 from each Client fare is to be paid to the Owner and will be used as a contribution
to the Ontario Gas Tax program.
Advantages and/or Disadvantages of Recommendation:
- the transportation service can commence once the agreement is executed.
4
Alternatives:
-n/a
Cost/Financial Impact:
-n/a
Included in Current Budget:
-n/a
Attachments:
Attachment #1 - Draft by-law
Attachment #2 - Schedule "A", Agreement
(Accessible format available upon request)
CAO’s Comments
Recommends Council Approval:
Yes
Recommends Council consider staff recommendation with the
following comments:
The Corporation of the Town of Parry Sound
By-law 2016 - 6593
1
Being a bylaw to authorize the execution of an agreement with The Board of
Management for the District of Parry Sound West Home for the Aged for the
provision of accessible transportation.
Whereas Sections 8, 9 and 11 of The Municipal Act, S.O. 2001, C.25, as amended,
authorized the Corporation of the Town of Parry Sound to enter such an agreement;
and
Whereas the Corporation of the Town of Parry Sound wishes to authorize the execution
of an agreement with The Board of Management for the District of Parry Sound West
Home for the Aged for the provision of accessible transportation for individuals over the
age of 65 ("seniors") and persons with disabilities.
Now therefore the Council for the Corporation of the Town of Parry Sound enacts as
follows:
1. That the Mayor and Clerk are hereby authorized and directed to execute on behalf of
the Corporation the attached agreement with The Board of Management for the District
of Parry Sound West Home for the Aged.
2. This by-law shall come into force and take effect on the final day of passing thereof.
Read a First time this day of , 2016
Mayor Clerk
10.5.1 Attachment # 1
The Corporation of the Town of Parry Sound
By-law 2016 - 6593
2
Read a Second and Third time, Passed, Signed and Sealed
this day of , 2016
Mayor Clerk
Revised January 7, 2016
Community Support Accessible Transport Services Agreement
This agreement (the “Agreement”) made in duplicate on the day of 2016 (the “Effective Date”), BETWEEN
THE CORPORATION OF THE TOWN OF PARRY SOUND (the “Owner”)
-and-
THE BOARD OF MANAGEMENT FOR THE DISTRICT OF PARRY SOUND WEST HOME FOR THE AGED
(the “Operator”) The Operator and the Owner desire to provide an accessible transportation system for individuals over the age of 18 with disabilities (as that term is defined in the Accessibility of Ontarians with Disabilities Act, 2005) within the Town of Parry Sound (the “Town”). The Operator intends to carry out certain services related to the management and delivery of such a transportation system within the Town of Parry Sound. The Owner intends to purchase a vehicle (the “Vehicle”) outfitted for accessibility needs using funds provided to the Owner under the Ontario Gas Tax program. The Owner wishes to make the Vehicle available for use by the Operator for the purpose of providing accessible public transportation to eligible individuals within the Municipality. The parties wish to enter into this Agreement to confirm the obligations of each party with respect to the provision of an accessible transportation system for seniors and persons with disabilities. TERMS OF THE AGREEMENT: Subject to the terms of this Agreement, the Operator shall provide the Services (as described in Schedule A to this Agreement) in exchange for the Owner carrying out its obligations as described in this Agreement, which obligations include, but are not limited to, making the Vehicle available for use by the Operator at such times and under such conditions as are described in this Agreement. Eligibility To be eligible to use the transportation services provided by the Operator under this Agreement, an individual must be a senior, an individual with a disability who is a resident of the Municipality, or any other individual who can show proof of eligibility in any other paratransit service in Ontario (each, a “Client”).
10.5.2 Attachment # 2
Revised January 7, 2016
Term and Termination This Agreement is to commence upon the Effective Date and shall remain in effect for a period of 3years. Each of the parties shall have the right to terminate this Agreement in the event of a material default of the other party under this Agreement, which default has not been cured to the reasonable satisfaction of the non-defaulting party within 90 days of receipt by the defaulting party of notice of such default. Either party may terminate this Agreement for any reason, without fault or penalty, with 90 days’ notice to the other party in writing. The Vehicle The Vehicle is to be purchased by the Owner. Costs related to the purchase and outfitting of the Vehicle are to be paid using funds received by the Owner through the Ontario Gas Tax fund. The Owner shall make the Vehicle available for use by the Operator at no cost to the Operator. The Vehicle shall be a mobility van that may be operated by a driver with a Class “G” Ontario driver’s licence. Responsibilities of the Parties The parties agree that:
1. Smoking is not permitted in the vehicle at any time.
2. The Operator shall provide and maintain during the term of this agreement at its own expense insurance for their operations including:
Commercial general liability insurance in an amount of no less than $5,000,000 per occurrence and such insurance shall include, without limitation bodily injury, personal injury, property damage including loss of use, contractual liability, premises and completed operations, non-owned automobile, volunteers as insureds and contain a cross liability clause. The Town of Parry Sound shall be named as an additional insured. Prior to the execution of this agreement and upon the placement, renewal, amendment, or extension of all or any part of the insurance, the Operator shall promptly provide the Owner with confirmation of coverage.
3. The Owner shall provide and maintain during the term of this Agreement, at its own expense, the following insurance coverage:
a. General Commercial Liability in the amount of $5,000,000.00 per occurrence. Such insurance shall
include, without limitation, bodily injury and property damage including loss of use; personal injury; contractual liability; premises; and cross liability. Coverage is to be written on a per occurrence basis. The Operator shall be added as an additional insured and evidence of such insurance shall be provided to the Operator upon request.
Revised January 7, 2016
b. Standard OAP Automobile Policy (including owned and hired vehicles) within minimum, limits of not less than $5,000,000.00 per occurrence combined single limit for personal injury, including death, and property damage. The Owner shall provide the Operator no less than 10 business days prior to the annual renewal of such policy confirmation of such insurance in the form of a standard automobile insurance liability slip. It is the sole responsibility of the Operator to ensure that the document be placed in the vehicle on an annual basis. The Owner shall in no way be responsible for any fines or penalties imposed upon the Operator in the event such document is not placed in the vehicle as required by law.
The foregoing insurance provisions shall not limit the amount or type of insurance otherwise required by law. It shall be the sole responsibility of the Owner to determine the nature and extent of any additional insurance coverage that may be necessary or advisable for its own protection or to fulfill its obligations under this Agreement.
4. The Owner shall: (i) ensure that the Vehicle is in good working order; and (ii) make available to the Operator a copy of all ownership, registration or other documentation that is required for the Operator to operate the Vehicle in accordance with applicable laws.
5. The Owner shall be responsible for all regularly scheduled maintenance and any warranty work required
in relation to the Vehicle. All such work is to be completed by the closest Dodge dealer. The parties understand that such work may cause temporary disruption in the provision of the Services.
6. The Owner can refer Clients to the Operator for transportation service. The Operator shall be
responsible for screening potential Clients to determine whether they are eligible to receive transportation services from the Operator.
7. The Operator shall be responsible for any damage to the Vehicle that occurs while being used by the
Operator, normal wear and tear excluded, except to the extent that the damage is caused by any act or omission of the Owner or any employee, agent, subcontractor or licensee of the Owner (“Owner Personnel”). However if the damage is considered to be insurable under Section 3. b. of this agreement, the Operator shall only be financially responsible for any applicable deductible imposed by the Owner’s insurer.
8. The Operator will make the Vehicle available for Use by Owner only when the vehicle is required to be
service. The owner will pick up and return the vehicle for service. Appropriate notice will be provided.
9. The Owner shall provide such advertising and publicity as is reasonably necessary to promote the transportation services and to notify the public of any changes in such services.
10. The Operator shall be fully responsible to advise the Owner immediately if for any reason the vehicle is not properly or safely functioning for its intended purpose. In the event the Operator does not advise the Owner as required any resultant damage therefrom will be at the sole cost of the Operator.
11. Prior to operating the vehicle and as reasonably required by the Owner thereafter, the Operator will ensure that all drivers, whether a staff member or volunteer, possess a valid driver’s licence, sign a declaration of possessing a clean driver’s abstract and receive a favourable police background check.
Revised January 7, 2016
Fares and Revenue
The fares to be charged to Clients utilizing the Services are set out in Schedule B to this Agreement. The parties intend for the fares imposed on Clients to be fair and reasonable throughout the term of this agreement. The Operator shall collect all fares and fees from the Clients.
The parties agree that $1 from each Client fare is to be paid to the Owner. The Owner shall contribute the funds that it receives from Client fares to the Ontario Gas Tax program.
The Operator shall retain all other revenues collected through the Services, including passenger revenue and contract revenues, to offset its operating expenses.
Additional Requests for Services
In the event that the Operator or the Owner is approached to provide transportation services by other community members outside the Municipal boundaries, each such request will be reviewed by the parties on an individual basis.
Further, there may be requests to utilize the Vehicle for out of town transportation. Full cost recovery is to be considered for the provision of such services.
In the event that other groups or community agencies or other municipalities approach the Operator or the Owner to provide transportation services, each request will be reviewed by the parties on an individual basis.
Confidentiality. Operator and Owner agree that all Confidential Information supplied or obtained by either party shall be kept confidential and secure. Each party agrees to exercise the same degree of care in maintaining the other party’s Confidential Information as it does with its own Confidential Information and to confine knowledge of Confidential Information only to its employees, servants or agents who require such knowledge for use in the ordinary course and scope of their employment, service or agency and consistent with this Agreement. The parties shall not, during the term of this Agreement or thereafter, use, disclose, divulge or make available each other’s Confidential Information to any third party either directly or indirectly in any manner whatsoever without the prior written consent of the other party or as otherwise required by law. For the purposes of this Agreement, Confidential Information means any oral, written or electronic data or information relating to the business or management of any party, including information relating to its patients, its agents, and its customers, and which is treated as confidential by that party or would reasonably be treated as confidential but shall not include any data or information which: (i) is or becomes publicly available through no fault of the receiving party; (ii) is documented as being in the rightful possession of the receiving party prior to its receipt from the other party; (iii) is documented as independently developed by the receiving party; or (iv) is rightfully obtained by the receiving party from a third party.
Personal Health Information. Each of the parties agrees that, to the extent that personal health information is disclosed to, or comes into possession of, such party in connection with this Agreement, it shall abide by the terms of the Personal Health Information Protection Act (Ontario), as far as such terms may be applicable to the party or the relevant personal health information.
Indemnity. Each party (the “Indemnifying Party”) hereto will defend, at its expense, any claim or action brought against the other party or its directors, officers, employees, volunteers, or agents (the “Indemnified Parties”):
1. arising out of or related to any inaccuracy, breach or alleged breach by the Indemnifying Party of any of its representations, warranties, covenants, or other obligations in this Agreement;
Revised January 7, 2016
2. relating to the death of or bodily injury to any third party or to any employee or patient of the Indemnified Parties and/or relating to property damage suffered by the Indemnified Parties to the extent caused by the negligence or wilful misconduct of the Indemnifying Party or the personnel of the Indemnifying Party in the performance of this Agreement; and
3. arising out of or related to any acts, errors and/or omissions of the personnel of the Indemnifying Party.
The Indemnifying Party shall indemnify and hold the Indemnified Party and each of its directors, officers, employees, volunteers and agents harmless against any such claim or action with respect to all resulting costs, liabilities and damages, including legal costs on a solicitor and client basis, provided that the Indemnified Party promptly notifies the Indemnifying Party of any claim or action in respect of which this indemnity may apply and of which the Indemnified Party has knowledge and the Indemnified Party co-operates with the Indemnifying Party in the defense of any such claim or action. No such claim or action shall be settled or compromised by the Indemnifying Party without the Indemnified Party’s prior written consent.
However at all times neither party is to settle or compromise such claim, action or any resulting damage therefrom until such time as each party’s insurer is given the required notice as stated and which forms part of their respective insurance policy. Unless advised otherwise by the insurer each party shall co-operate and in no way settle or compromise the claim or action without the written consent of the respective party’s insurer. This shall not apply to any physical damage to the vehicle in which it is ascertained by the Owner that any costs to repair the vehicle will be less than or equal to any applicable deductible.
Relationship of the Parties. This Agreement does not create the relationship of principal and agent or employer and employee between the Operator and the Owner and under no circumstances is either party to be considered the agent of the other. The Owner shall have no authority to assume or create any obligation whatsoever, express or implied, in the name of or on behalf of the Operator.
Governing Law: This Agreement shall be interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the Province of Ontario and the laws of Canada applicable therein, except that Ontario’s conflict of laws rules shall not be applicable. The parties attorn to the jurisdiction of the Courts of Ontario.
Amendments. This Agreement may not be amended or modified in any respect except by written instrument signed by duly authorized signatories of both parties.
Waiver. The failure of either party to insist upon strict performance of any terms and conditions or to exercise any of its rights set out in this Agreement shall not constitute a waiver of these rights, and these rights shall continue in full force and effect.
Force Majeure. Neither party to this Agreement shall be liable to the other for any failure to perform, or delay in the performance of, any obligation under this Agreement caused by circumstances beyond its reasonable control, including but not limited to: acts of God, fire, labour difficulties, war, or governmental action. It is agreed that the time for performance by either party shall be extended by the period of such uncontrollable circumstances.
Notices. All notices under this Agreement shall be in writing and shall be delivered by personal delivery/courier, fax or registered mail to the other party at its address indicated below. The notice shall be deemed to have been delivered on the day of personal delivery, on the day received by fax (as evidenced by a transmission confirmation), or on the fifth day following mailing.
Revised January 7, 2016
If to Operator:
Donna Dellio, CEO, Belvedere Heights
21 Belvedere Avenue
Parry Sound, ON P2A 2A2
If to Owner:
Peter Brown, CET, Director of Public Works
Town of Parry Sound
52 Seguin Street, Parry Sound, ON P2A 1B4
Assignment. Neither party may assign or subcontract any of its rights or obligations hereunder without the prior written consent of the other party.
Counterparts. This Agreement may be executed in any number of counterparts. Each executed counterpart shall be deemed to be an original. All executed counterparts taken together shall constitute one agreement.
[Remainder of page intentionally left blank.]
Revised January 7, 2016
The parties hereby execute this Agreement:
THE CORPORATION OF THE TOWN OF PARRY
SOUND
THE BOARD OF MANAGEMENT FOR THE
DISTRICT OF PARRY SOUND WEST HOME FOR
THE AGED
(Authorized Signature) (Authorized Signature)
Mayor Jamie McGarvey
Donna Dellio, CEO
(Name - Print) (Name - Print)
(Date)
(Date)
(Authorized Signature)
Rob Mens, CAO
(Name-Print)
(Date)
Revised January 7, 2016
Revised January 7, 2016
SCHEDULE A - SERVICES
The Operator shall perform the following services in accordance with the terms of the Agreement:
1. Develop, maintain and carry out day-to-day operations of booking and dispatch facilities related to the provision of accessible transportation for Clients. Booking shall include the Operator:
a. scheduling, and communicating to Clients, expected times for pick-up and drop-off; and b. providing notification to Clients of alternate service times if the Operator is unable to supply
requested service times.
2. Provide general information to callers regarding accessible transportation services provided by the Operator.
3. Provide transport in the Vehicle to Clients travelling within the Municipality when requested by Clients during the hours of operation set out in this Agreement.
4. Engage and provide oversight of drivers for the Vehicle.
5. Take such steps as are reasonable to ensure that the drivers operate the Vehicle in accordance with applicable laws related to the operation of a motor vehicle in the Province of Ontario and that all drivers possess a valid Class "G" driver's license as required by provincial legislation and regulations to drive a mobility van.
6. Keep records of ridership, concerns, complaints, and no-shows.
7. Ensure that the driver of the Vehicle has a means of communicating with the Operator at all times during
which transportation services are being provided to Clients.
8. Notify the Owner of extraordinary delays caused by any abnormal or emergency factors that may arise in the course of providing transportation services.
9. Provide all drivers, including those drivers acting on a volunteer basis with proper training on the use of the Vehicle, and ensure that they read and understand the Vehicle’s owner's manual and operation guide (which shall be provided to Operator by Owner). All drivers must have experience working with seniors and persons with disabilities.
10. Prior to operating the vehicle and as reasonably required by the Owner thereafter, the Operator will ensure that all drivers, whether a staff member or volunteer, possess a valid driver’s licence, sign a declaration of possessing a clean driver’s abstract and receive a favourable police background check.
11. Instruct the drivers to perform a complete circle check on the Vehicle before beginning to use the Vehicle each day.
12. Request that drivers complete and execute logbook entries after every use of the Vehicle. The information recorded in the logbooks shall include, among other things, the following:
a. name of the driver; b. date of use;
Revised January 7, 2016
c. names of all Clients transported; d. times of Client pick-ups and drop-offs; e. locations of Client pick-ups and drop-offs; f. confirmation of completion of required safety checks; and g. a summary of any adverse incidents that occurred.
13. Keep the Vehicle clean and sanitary inside and out.
14. Report all accidents or situations involving vehicle collisions or passenger injuries to the Ontario Provincial
Police and the Operator’s insurance agent. An incident report is to be completed and a copy forwarded to the Owner in a timely manner.
SCHEDULE B - FEES
The fee imposed on Clients shall be $8.00 per one way trip. This amount may be changed from time to time upon which the operator will notify the owner for information purposes only. Fee for cancelled service: