Township of North Dumfries Committee of the Whole Meeting Monday, August 13, 2018 NDCC – Dumfries Room
COUNCIL AGENDA
CONVENE: 6:00 P.M.
CHAIR MAYOR FOXTON
1. CALL TO ORDER
2. APPROVAL OF THE AGENDA
3. DISCLOSURE OF PECUNIARY INTEREST & GENERAL NATURE THEREOF
4. STANDING COMMITTEE
4.1 FINANCE & ADMINISTRATION COMMITTEE (Chair Councillor Rod Rolleman)
4.1.1 Report No. CLK-15-2018: Administrative Policy – Annual Attendance Reporting for Members of Council.
4.1.2 Report No. FIN-19-2018: Computer Services Contract.
4.1.3 Report No. FIN-20-2018: North Dumfries Financial Update – July 31, 2018.
4.1.4 Report No. FIN-22-2018: 2018 Cambridge & North Dumfries Community Foundation Grant Award and Allocation.
4.1.5 Report No. PW-16-2018: Request for Tender Award – Supply and Delivery of One (1) 2019 ¾ Ton, Crew Cab Pickup.
4.1.6 Report No. PW-17-2018: Request for Tender Award – Road Resurfacing, Various Locations.
4.1.7 Report No. CAO-35-2018: Memorandum of Understanding – North Dumfries Heritage Preservation Society.
4.1.8 Report No. CAO-38-2018: Request for Proposal Award – Salary Comparator Study.
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Township of North Dumfries Committee of the Whole Meeting Monday, August 13, 2018 NDCC – Dumfries Room
4.2 DEVELOPMENT SERVICES COMMITTEE (Chair Councillor Derrick Ostner)
4.2.1 Report No. CAO-37-2018: Parking Standards for Residential Neighbourhoods.
4.3 COMMUNITY SERVICES COMMITTEE (Chair Councillor Gord Taylor)
None.
4.4 PROTECTIVE SERVICES COMMITTEE (Chair Councillor Neil Ritchie)
4.4.1 Report No. CAO-36-2018: Consideration of a Parks By-law.
4.4.2 No. PW-15-2018: Enhanced Traffic Calming Measures – 3 School Zones.
5. CLOSED SESSION
None.
6. RECONVENE INTO OPEN SESSION
7. BUSINESS ARISING FROM CLOSED SESSION
8. CONFIRMATORY BY-LAW
By-law No. 2984-18 - Being a By-law to Confirm the Proceedings of Committee of the Whole on August 13, 2018.
9. ADJOURNMENT
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FINANCE & ADMINISTRATION COMMITTEE Report No. CLK-15-2018 August 13, 2018
ADMINISTRATIVE POLICY – ANNUAL ATTENDANCE REPORTING FOR MEMBERS OF COUNCIL
RECOMMENDATION
The Clerk recommends:
1. THAT Report No. CLK-15-2018 be received;
2. AND THAT the Finance & Administration Committee recommends Council adopt the Administrative Policy for Annual Attendance Reporting For Members of Council.
1. PURPOSE
The purpose of this report is to present for the Finance & Administration Committee’s consideration a policy that will be used for recording annual attendance at all Committee of the Whole meetings, Regular Council Meetings and Public Planning Meetings for Members of Council.
2. BACKGROUND
At the May 28, 2018 Regular Council meeting, Council adopted the following recommendation as presented by the Finance & Administration Committee:
“AND THAT the Clerk be authorized to prepare an administrative policy for Council’s consideration regarding the logging of the annual attendance record to be published for Committee of the Whole meetings, Regular Council meetings and Public Planning meetings.”
3. OPTIONS AND ANALYSIS
Staff have reviewed practices that are conducted by other municipalities with regards to the logging of the annual attendance for Members at meetings. It is not uncommon for municipalities to publicly report attendance records for Members of Council on their municipal website indicating how many meetings each member attended for that year.
Minutes are prepared for all meetings of Council that indicate the names of Members who were present, absent, arrived late or departed early. The preparation of an annual attendance record would be sourced from meeting minutes prepared by the Clerk’s division following each meeting of Council. Given that a Member is considered to have
ADMINISTRATIVE POLICY NO. CS - XXXX
SUBJECT: Annual Attendance Reporting For Members of Council
DEPARTMENT: Corporate Services
EFFECTIVE: December 1, 2018 REVISED:
APPROVED BY: Council
1.0 Purpose
1.1 The purpose of this policy is to establish clear guidelines and procedures with regards to the annual publishing and reporting of attendance for Members of Council at meetings.
2.0 Legislative Authority
2.1 The Municipal Act provides the following authority to municipalities:
“Role of Council
224 It is the role of council,
(d) to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council.”
3.0 Definitions
For the purposes of this Policy:
Meetings – means Committee of the Whole, Regular Council and Public Planning Meetings.
Member – means a current sitting Member of Council.
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A n n u a l Attendance Reporting For Members of Counci l P o l i c y
4.0 Procedures
4.1 Procedures
4.2.1 The Clerk shall note in the minutes for each meeting which Members are present and which Members are not.
4.2.2 At the end of each calendar year the Clerk shall compile a list of all meetings that occurred during the calendar year and indicate whether any Member was not in attendance. This shall be called the annual “Attendance Record.” Members that were present for a portion of the meeting (arrived late and/or left early) will be logged in the Attendance Record as having been present.
4.2.3 The Clerk shall prepare the annual Attendance Record using the following format:
Regular Council, Committee of the Whole and Public Planning Meetings December (insert year) to November (insert year)
Mayor
Meeting Date Meeting Type
Councillor Ward Two Councillor Ward Three Councillor Ward Four Councillor Ward One (insert date) Committee of the Whole (insert date) Regular Council (insert date) Public Planning
Note: Mark in cell depicts the absence of the Member of Council.
4.2.4 Once prepared, the Clerk shall post the Attendance Record to the designated section of the Township website.
Finance and Administration Committee FIN Report No. 19-2018 August 13, 2018
COMPUTER SERVICES CONTRACT
RECOMMENDATION
The Treasurer/Director of Corporate Services recommends:
1. THAT Report FIN 19-2018 – Computer Services Contract;
2. AND THAT Council authorize entering into an agreement with Xylotek Solutions Inc. for the Term September 1st 2018 to August 31, 2020 with subsequent one-year periods unless terminated pursuant to the agreement – Article 1;
3. AND THAT if the scope of the contract changes substantially either in workload required to be performed or the price varies more than 2.5%, before the periods commencing in September 1, 2020 a Request for Proposal for Computer Services be issued;
4. AND THAT a Request for Proposal be issued for the Computer Services contract to commence September 1, 2021;
5. AND THAT the Mayor and Clerk be authorized to execute the agreement on behalf of the Township of North Dumfries.
1. PURPOSE OF REPORT
The purpose of this Report is to seek Council’s authorization to enter into a formal agreement for Computer Services with Xylotek Solutions Inc.
2. BACKGROUND
The Township has been utilizing the services of Xylotek Solutions Inc. for three years. They have worked on some of the Township computer systems prior to 2016 on a call-in basis. Just over two years ago a contract arrangement was reached on a trial basis between Xylotek and the Township which required the Township to purchase a block of time at a reduced hourly rate. Xylotek Solutions became the main supplier of technical support for operating computer systems in the Township.
Commencing with the 2016 contract, the Township has had the Technician services purchased on a Platinum Level Block time rate of $135 per hour (plus HST). The Township purchases the blocks in 30-hour increments and each call or onsite hour is booked against the block. This system was set up to monitor the number of hours that the Township would
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FIN Report No. 19- 2 0 1 8 A u g u s t 1 3 , 2 0 1 8 Computer Services Contract need to utilize an Information Technician. Separate charges relating to specific projects such as installation of new workstations, cabling, wireless installation or audio-visual installations are tracked by project and charged to the project, however the regular maintenance of the Township system is covered by the Block time.
The blocks of time purchased cost $4,050 plus tax. In 2016 12 blocks of time were purchased. In 2017 12.5 blocks were used. It is anticipated that the block times would grow to 13 in 2018 without the change to the remote desktop system being recommended. The contract is for a cost of $4,100 per month. This includes onsite visits of 7.5 hours, with the balance of time to be completed through the helpdesk. Additional costs may occur in the prices if additional users or virtual servers are added, which is standard in the industry.
3. OPTIONS AND ANALYSIS
The use of technology at the Township is critical in its day to day operations. All municipalities in the Region of Waterloo, beside North Dumfries have at least one full time Information Technician on staff. Township staff are not recommending that inhouse staff be hired for this function at this time, as the depth of coverage and knowledge that is provided by having an external contract could not be completed by one person in house.
An external contract allows for coverage as the contractor can support a number of trained technicians on a help desk or send on-site as needed. In working with Xylotek over the past 2 ½ years, the Township has dealt with approximately 5 various technicians. While there is a main contact, due to changes in the industry and technical needs, the main contact is not always available, and other technicians have been trained and have access to the Township database that allows calls for service to be answered expeditiously.
Having one contact firm instead of an employee also give the Township the ability to retain other technical services on an as needed basis. For instance, the Township may have need to change wiring, maintain audio-visual equipment or upgrade Server or back-up solutions. These services are best completed by technicians that are experts. These services may only be used once per year. The Computer service contract is tasked with finding the right technician and overseeing their work, then billing the Township.
Information Technology at the Township has been growing and becoming more complicated as the global technology systems change. The Township is also growing in terms of client size as the Township population and employment base grows. The Township requires systems that are able to accurately maintain data, and deliver services to clients, and interact with external systems including auditors and banks. In order to achieve this, regular maintenance and on call technical persons are essential. This contract is a right size for the current Township needs and has the flexibility to meet one-time requirement as well as future growth, without creating fixed overhead costs associated with full time staff.
Xylotek Solutions is recommended as the contractor at this time without going to market due to the number of systems that are currently in place and ongoing upgrades that are currently
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CLIENT SUPPORT AND MAINTENANCE AGREEMENT
THIS AGREEMENT is made as of August 1, 2018.
B E T W E E N:
XYLOTEK SOLUTIONS INC., an Ontario company (“Xylotek”)
- and –
THE TOWNSHIP OF NORTH DUMFRIES
(the “Client”) WHEREAS:
A. Xylotek is in the business of providing certain technical support, service and/or maintenance services (collectively, “Support Services”) for operating systems used by its customers (“Systems”);
B. The Client wishes to retain Xylotek to provide Support Services to it, and the parties have agreed to enter into this Agreement to govern the terms and conditions of the provision of the Support Services.
NOW THEREFORE in consideration of the premises and the mutual covenants herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows:
ARTICLE 1 – TERM AND TERMINATION
1.1 Term. This Agreement will commence as of the date of this Agreement, and shall continue for the term, as outlined on Schedule A attached (the “Term”). The Term shall automatically renew thereafter as outlined on Schedule A unless and until either party gives the other party at least thirty days' written notice of termination in advance of the expiration of the then-current Term, or as otherwise terminated pursuant to the terms of this Support Services Agreement.
1.2 Termination. (a) On Default: Should the Client fail to pay the Fees (as outlined in Schedule A attached) or any other costs or charges due hereunder, or fail to carry out any other obligation under this Agreement or any other agreement with Xylotek, Xylotek may, at its option, in addition to other available remedies, terminate this Agreement or suspend Maintenance Services, provided that it first gives the Client fifteen (15) days' prior notice of such default in order to permit the Client to cure the default. Page 2
(b) On Request: Either party may terminate this Agreement on thirty (90) days prior written notice to the other.
ARTICLE 2 - SERVICES TO BE PERFORMED BY XYLOTEK
2.1 Scope of Software Support Services. During the Term, subject to the payment of the Fees, Xylotek agrees to provide the Support Services outlined in Schedule B, during Business Hours being 7:00 a.m. to 5:00 p.m. EST from Monday to Friday, excluding statutory and regularly scheduled holidays of Xylotek, or such other times as may be outlined on Schedule B.
2.2 Responsibilities of Client. The Client shall be responsible for furnishing Xylotek with all information mutually determined by Xylotek and the Client to be necessary for the performance of the Support Services to be provided by Xylotek as specified in this Support Services Agreement and providing Xylotek with suitably privileged access to the Software to enable Xylotek to fulfil its obligations under this Support Services Agreement. The Client shall provide to Xylotek an internal contact to ensure the provision of all necessary information as well as physical access to the sites, which contact shall be identified on Schedule A hereto, as may be amended from time to time.
2.3 Unavoidable Delay. Xylotek shall in no event be responsible for delays caused by events or circumstances beyond its reasonable control.
ARTICLE 3 – FEES
3.1 Fees. The fees for the Support Services to be provided hereunder (collectively, the “Fees”) are as set forth in Schedule B. The Fees, and all expenses payable by the Client shall be invoiced monthly by Xylotek and are due and payable upon receipt. Details on services provided will be directed to the Client Contact on a monthly basis.
3.2 Changes to Fees. At any time following the expiration of the first year of the Term, Xylotek may, in its sole discretion, increase the Fees payable by the Client for the Support Services during each subsequent renewal term. No such change shall be effective until at least 90 days after Xylotek has given the Client written notice of such change, and such change shall be incorporated on an amended schedule to be attached hereto.
3.3 Additional Support Services Charges. If the Client requests any additional services be provided by Xylotek (“Additional Support Services”), the Client shall be responsible to pay to Xylotek all Fees and other charges for Additional Support Services provided, as outlined on Schedule B hereto, including, without limitation, costs related to any recommended hardware, travel and telephone costs. The Client will also be responsible to pay all Xylotek’ s charges and expenses for time or other resources provided by Xylotek to diagnose or attempt to correct any problem identified as an Excluded Service above. The Client agrees to pay such costs when and as such charges are invoiced by Xylotek. Page 3
Xylotek reserves the right to require prepayment or advance deposit for additional charges or expenses as it deems reasonable.
3.4 Taxes and Other Charges. The Client is responsible for all applicable customs, duties, goods and services taxes, provincial or state sales or use taxes or excise taxes associated with the Client’s licensing, possession, or the provision of any Support Services hereunder.
3.5 Late Charges. If any fees or expenses, including, without limitation, the Fees, are not paid within 30 days after they are due, Xylotek may, at its option, charge interest at a rate of eighteen percent (18%) per annum or, if less, the highest rate allowed by applicable law from the date such fee or charge first became due.
ARTICLE 4 – INTELLECTUAL PROPERTY RIGHTS
4.1 Definition. For purposes of this Agreement, “Intellectual Property” means any and all intellectual property owned by Xylotek or relating to, created or developed as a result of or pursuant to this Agreement, and all enhancements, improvements, corrections and/or modifications developed pursuant to this Agreement, including, without limitation, all technical information, technical data, inventions, products, data, designs, methods, know-how, processes, copyrights, patents, trade secrets, models, patterns, drawings, specifications, prototypes, discoveries, techniques, systems, works of authorship, ideas and concepts, and all work conceived, created, invented, produced, designed or reduced to practice by Xylotek and its personnel, whether alone or with others, as a result of or with respect to any and all Services provided under this Agreement.
4.2 Ownership of Intellectual Property. The Client acknowledges and agrees that Xylotek shall own all intellectual property rights whatsoever in and to the Intellectual Property, (whether or not patentable or registerable under copyright, trade-mark or similar legislation or subject to analogous protection). The Client’s rights and obligations concerning the use of the Support Services shall be solely as provided in this Agreement.
4.3 Further Assurances. The Client agrees to execute such documents, do all deeds, acts and things and provide any and all other information which Xylotek may require and may reasonably request from time to time, at the request and cost of Xylotek, in order to protect Xylotek’s rights in the Intellectual Property and give effect to the intention of this Agreement.
4.4 Power of Attorney. In the event that the undersigned is unable or unwilling to execute any document as reasonably required to protect the Intellectual Property as provided hereunder, the undersigned hereby irrevocably appoints the President of Xylotek as attorney to execute such documents and make such filings on behalf of the undersigned.
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ARTICLE 5 – LIMITATION OF LIABILITY
5.1 LIMITATION OF LIABILITY. Xylotek makes no warranty or condition, express or implied, statutory or otherwise, with respect to the support services provided pursuant to this agreement, including but not limited to the implied warranties or conditions of merchantability and fitness, for a particular purpose. Some jurisdictions do not allow limitation on duration of an implied warranty, so the above limitation may not apply to the client. No oral or written information or advice given by Xylotek, its agents or employees (collectively, “Agents”) shall create a warranty or in any way increase the scope of this warranty. The client assumes the entire risk as to the use and performance of the support services provided under this agreement in terms of correctness, accuracy, reliability, currentness or otherwise.
In no event shall Xylotek, its agents or anyone else who has been involved in the creation, production or delivery of the support services, printed materials, documentation, enhancements and/or other provisions under this agreement be liable to the client or any other person for any direct, indirect, special, consequential or incidental damages (including without limitation, damages for loss of revenues or profits, business interruption, loss of business information, and the like) arising out o the user or inability to use the support services, documentation, or enhancements, or the performance or failure to perform support services, or acts of negligence that re not reckless or irrational in nature, even if Xylotek or its agents have been advised of the possibility of such damager or claim, or its foreseeable. Become some jurisdictions do not allow the exclusion or limitation for consequential or incidental damages, the above limitation may not apply to the client. In no event shall Xylotek’ s maximum aggregate liability to the client exceed the total amount paid by the client for the services performed by Xylotek pursuant to this agreement within the preceding (12) months. The limitations of this section shall apply whether or not the alleged breach or default is a beach of a fundamental condition or term. While the client may have specific legal rights under this agreement, the client may have other rights which vary from jurisdiction to jurisdiction.
ARTICLE 6 - GENERAL PROVISIONS
6.1 Non-Solicitation. The Client acknowledges that Xylotek provides a valuable service by identifying and assigning personnel for the Support Services. Without the prior written consent of Xylotek, the Client shall not recruit or hire any personnel, employee or independent contractor of Xylotek at any time during the Term, and for a period of one (1) year after the expiration or termination of this Agreement. In the event that the Client does so solicit personnel, this action will constitute agreement on the Client’s part to pay Xylotek (within one (1) year of the date of such hiring), an amount equal to fifty percent (50%) of the total first-year compensation the Client pays such personnel as a fee for the additional benefit obtained by the Client by such solicitation. Page 5
6.2 Confidentiality. The Client has executed and delivered, and agrees to be bound by, the provisions of a Confidentiality Agreement dated August 1 which provisions shall continue throughout the Term of this Agreement, or as otherwise provided in the Confidentiality Agreement.
6.3 Acknowledgement. The Client hereby acknowledges having read this Support Services Agreement and understood it, and hereby agrees to be bound by its terms and conditions. This Support Services Agreement or any rights hereunder may not be assigned by the Client in whole or in part to any other party without the prior written consent of Xylotek. A waiver of any provision in this Support Services Agreement by either party of its rights hereunder shall not be binding unless contained in a written notice signed by an authorized representative of the party waiving its rights. The non-enforcement or waiver of any provision on one occasion shall not constitute a waiver of such provision on any other occasions unless expressly so agreed in writing. It is agreed that no use of trade or other regular practice or method of dealing between the parties hereto shall be used to modify, interpret, supplement, or alter in any manner the terms of this Support Services Agreement.
6.4 Notices. Any notices, demands and other communications hereunder shall be in writing and shall be delivered, sent by electronic transmission, or by mail, registered or certified, return receipt requested, postage prepaid, and addressed as follows:
6.5 Dispute Resolution. In the event of any dispute, claim, question or difference arising out of or relating to this Agreement or any breach hereof, the parties shall consult and negotiate with each other, in good faith and understanding of their mutual interests and use their best endeavours to reach a just and equitable solution to such dispute, claim, question or difference, satisfactory to all parties. If the parties do not reach a solution within a period of 15 Business Days, then upon written notice by any Party to the others, the dispute, claim, question or difference shall be finally settled by arbitration in accordance with the provisions of the Arbitrations Act (Ontario) and any amendments thereto. The arbitration shall take place in Waterloo, Ontario, and the arbitration award shall be final and binding, not subject to appeal and shall deal with the question of costs of arbitration and all matters related thereto.
6.6 Entire Agreement. This Agreement, together with all of the schedules attached hereto and incorporated by reference, constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes all prior or contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties. There are no warranties, covenants, representations or other agreements between the parties in connection with the subject matter hereof except as specifically set forth in this Agreement. No amendment or modification to this Agreement will be effective unless it is in writing and signed by each of the parties hereto. All Schedules to this Agreement, as may be amended from time to time, form part of this Agreement and are deemed to be incorporated. Page 6
6.7 Severability. If any provision of this Agreement is held to be unenforceable or illegal by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable, or shall be severed from this Agreement, and all other provisions of this Agreement shall remain in full force and effect.
6.8 Governing Law. This Support Services Agreement is governed by the laws of the Province of Ontario, Canada and, if the Client is located within Canada, each of the parties hereto irrevocably attorns to the exclusive jurisdiction of the courts of the Province of Ontario without regard to conflicts of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Support Services Agreement.
6.9 Successors. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
6.10 Facsimile Transmission. This Agreement may be executed and delivered by facsimile or other electronic means of transmission, and upon receipt such transmission shall be deemed delivery of an original. Within a reasonable time after such electronic delivery, the party executing the document shall mail or deliver an originally signed copy of such document to the other party.
6.11 Counterparts. This Agreement may be executed in several counterparts each of which when executed shall be deemed to be an original, and such counterpart shall each constitute one and the same instrument and notwithstanding their date of execution shall be deemed to bear the day and year first above written.
IN WITNESS WHEREOF the parties hereto have duly executed this Agreement as of the date first above written.
XYLOTEK SOLUTIONS INC.
Per: ______Name: Chris Pickard Title: President & COO
I have authority to bind the Corporation.
THE TOWNSHIP OF NORTH DUMFRIES
Per:______Name: Shelley Stedall Title: Treasurer/Director of Corporate Services
I have authority to bind the Company
SCHEDULE A - TERMS AND PROVISIONS
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Term: Commencement Date September 1st, 2018
Expiration Date August 31st, 2020
Renewal Term: Automatic renewal for subsequent one-year periods, unless terminated pursuant to the Support and Maintenance Agreement
Support Hours:
Support Contacts: Xylotek: Phone: 1-519-584-2809 E-mail: [email protected]
Client: Shelley Stedall Treasurer/Director of Corporate Services Township of North Dumfries Phone: 1-519-632-8800 ext. 123 E-mail: [email protected]
Fees: $4,100.00/month
All Fees shall be payable in Canadian dollars unless otherwise specified herein.
On-site maintenance/support services: - Regular Business Hours: $135.00/hour/technician - 8:00 p.m. – 8:00 a.m.: $190.00/hour/technician - Weekends: $190.00/hour/technician - Holidays: $190.00/hour/technician -Travel Time: - billed at half of pertinent billing rate
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SCHEDULE B – SUPPORT SERVICES
Value Summary – Professional Services Option 1: xFactor Managed Services Description Price Help Desk and Proactive Server Maintenance -1 physical servers -1 virtual machines Included -23 users (3 locations) -xFactor to be deployed on all workstations on the network Included Maintenance Estimated 4 hours per month to complete maintenance Additional Virtual Server For added Virtual Servers, monthly maintenance costs would Maintenance Costs increase by $67.50 per month (to be adjusted on the monthly invoice) On-site Visit(s) One visit per month. Up to 7.5 Hours per visit Managed Security Services Included
A. Support Services to be provided by Xylotek hereunder include the following:
• Troubleshoot all things IT related. • Coordinate and manage all IT related sub contractor work. • Operating system updates/patches/service packs (i.e. Windows Update), as this procedure should not be undertaken without planning and forethought as to the potential implications to the systems (especially servers) and applications, as well as recovery plans if unexpected results occur. • Backup application monitoring and management. Inadequate or incorrectly configured backup designs can be addressed and managed on a regular basis to ensure data integrity and recoverability in the event of data loss. Backups will be tested and verified monthly. • Antivirus solution management and maintenance. • Spyware detection and removal. • Operating system event log management. • Firewall log management. • Application patching (i.e. Microsoft Office suites often require security and/or application patches and service packs to be installed). • Vendor licensing compliance (determination and ongoing management). Office suites, antivirus software, operating systems, etc. • File system maintenance and disk space management. Page 9
• Trend Analysis (review items such as hard disk space growth, network utilization, knowing when to make changes or increase capacity) • Network infrastructure (i.e. firmware updates on switches/routers dependant on licensing requirements and availability) • PC repairs/upgrades (hardware and software costs not included) • Printer maintenance (outside existing vendor service contracts). Page 10
B. Managed Security provided by Xylotek shall be as follows:
• Asset discovery & inventory • Vulnerability assessment • Intrusion detection • SIEM event correlation • Incident response.0 • Log management • Compliance reports • Remediation, where possible, following recommended procedures and published resolutions
C. Maintenance Schedule by Xylotek for regularly scheduled onsite visits (or via remote access if appropriate and available) are as outlined below:
Based on the Systems in place and the internal personnel/expertise available at the Client’s site, the minimum required maintenance schedule agreed to is 4 hours per month. This service and maintenance work is to be performed in 4 hour periods during regular business hours (unless otherwise agreed upon on a per incident basis between parties), scheduled 1 day(s) every 1 month(s).
Maintenance includes, but is not limited to: o Maintenance of user access o Maintenance of Log Ins (Server and Software) o Inventory of the hardware (pull of hardware with xFactor) o Add that XFactor will be on all workstations that is on the network
D. Support Response provided by Xylotek shall be as follows:
• Monday to Friday, 7:00 AM – 5:00 PM live answer Help Desk, and a four-hour onsite response time, if required (within 75KM radius of Cambridge, Ontario) • Monday to Friday, 5:00 PM – 7:00 AM and Weekends/Holidays will have a two-hour call back response time, and a four-hour onsite response time, if required (within 75KM radius of Cambridge, Ontario) • For customers outside 75KM radius the call back response time will be as stated above. The onsite response will be determined at the time of call back.
E. Support Protocol
• All calls will be initiated with details of the calls logged, through the Work order system maintained by Xylotek. This Workorder system will be shareable with the Client contact. • All calls, before being opened, will be authorized to proceed by the Client’s contact or designate. In the absence of the Clients contact, a designate from Xylotek may be the appointed designate to authorize calls to support desk. • Work orders should be identified as related to a project, or as an open ticket item, depending on the nature of the call, for billing purposes. • Maintenance of a general [email protected] will be the direction for client’s staff to place calls and calls being received by direct phone call to Support Desk, or to Page 11
Xylotek staff that are onsite, must be placed in this mailbox for authorization to proceed. Some flexibility is available to staff from Xylotek onsite, however the calls should be logged in a timely manner. • The [email protected] mailbox will be monitored by at least one designated technician at Xylotek and the client contact or designate from the Township of North Dumfries. Services Proposal – The Township of North Dumfries
INFORMATION TECHNOLOGY SUPPORT SERVICES Presented by:
May 15, 2018
Confidentiality Statement This document is intended for use only by The Township of North Dumfries for the purpose of evaluating the vendor responses. It is not to be copied or reproduced in any form without the express permission of Xylotek Solutions.
May 15, 2018 Page 1 of 14 Services Proposal – The Township of North Dumfries
Contents Executive Summary ...... 3 The Voice of the Customer ...... 3 Why Choose Xylotek? ...... 3 Relevant Experience ...... 4 Ongoing Maintenance ...... 4 Account Management ...... 4 Value Summary – Professional Services ...... 5 Project Implementation ...... 5 Service Automation ...... 6 An Overview of Issue Intake – a Customizable Experience ...... 6 Service Level Agreement ...... 7 Appendix A: xFactor Managed Services Program Description ...... 8 Appendix B: Remote Monitoring and Management ...... 10 Appendix C: Daily Reporting Example ...... 11
May 15, 2018 Page 2 of 14 Services Proposal – The Township of North Dumfries
Executive Summary The Voice of the Customer The Township of North Dumfries has identified that technology is critical to the success of their business. Just as The Township is committed to the quality of life of its residents, they are looking for an IT leader who is committed to their success by providing superior service and strategic IT direction.
There is great potential for IT projects to bring benefit and new value, through cost-savings and improved business function all across the organization. Time is limited, and your IT services provider must help identify initiatives with the greatest return and focus on those which provide the most impact to the organization.
Why Choose Xylotek? Xylotek Solutions is a fully integrated IT services company, with full-featured helpdesk/trouble-ticketing and remote system monitoring and administration capabilities. Our customers can benefit from expertise and a menu of services that is wide and deep.
We maintain a deep technical bench, in networking, system administration and maintenance, security, directory, storage and backups.
We’re not too big. Xylotek has been successful because we are responsive, flexible and bring creative solutions to our customers’ problems. We are a locally-owned and operated firm, providing services in close proximity to our customers. We are absolutely committed to finishing jobs right, the first time, and our management team is fully engaged with our customers.
But we’re not too small. We have built our company around an infrastructure of systems and professional business processes, so that we can provide consistent, repeatable (and efficient) services for our customers. We’ve positioned ourselves to scale and grow, with a sound platform for our operations.
The job is paramount; everything else is secondary. We are very proud to have assembled a staff with a keen work ethic and the desire to stick with the difficult work required to get the job done to completion. When that result becomes a constant, everything else becomes easy.
May 15, 2018 Page 3 of 14 Services Proposal – The Township of North Dumfries
Relevant Experience Xylotek has been providing IT-related solutions and support services for over 13 years. Our focus since our inception was to provide an enterprise-level service to small and medium-sized business. We have over 120 customers we engage with regularly providing them with IT support ranging from a complete outsource to augmentative services supporting internal IT departments. Our services are customized to the needs of the business to ensure we are delivering the highest level of value.
Our experience ranges from remote end-user Help Desk support to staffing IT departments with fulltime dedicated resources. Our technical bench is comprised of a dedicated team with a wide range of industry experience and certifications. This allows our customers to leverage expertise in certain technology areas based on the needs of the business (ie. networking and e-mail). For technologies or applications not supported directly on our bench, Xylotek partners with industry experts to provide a seamless support experience to our customers.
Xylotek has invested significantly in our internal systems since our inception enabling us to provide a superior customer experience time after time. This includes the ability to proactively monitor critical systems and applications in an effort to identify and address potential issues before they cause an impact to the business. Alerts from these systems are monitored by Xylotek experts (where requested), 24x7x365. Reporting will be provided on a regular basis that will allow both The Township and Xylotek to identify trends in uptime, performance, and utilization for server systems. In addition, these reports can be used to form the basis of recommendations for any enhancements or upgrades that could alleviate reoccurring issues. Please refer to Appendix A: Daily Reporting Example for a sample report.
Xylotek manages all project implementations via an industry-leading services application. A dedicated team from Xylotek will be assigned to The Township which includes a Project Coordinator and Senior Technical Team Lead. All projects are managed via industry-standard project methodologies. Dependent on project execution timelines and scope, a bi-weekly or weekly project update will be provided highlighting all stages of the project including budgeted vs. actual hours.
Ongoing Maintenance Xylotek Solutions recommends a monthly maintenance interval. All maintenance will be completed remotely unless otherwise required. Additional maintenance may occur during regularly scheduled site visits for work that cannot or should not be completed remotely.
Account Management Xylotek will conduct regular account meetings with The Township and the Xylotek Account Executive (along with other Xylotek resources as required). Xylotek recommends semi-annual or annual strategic IT meetings to review and discuss upcoming initiatives.
May 15, 2018 Page 4 of 14 Services Proposal – The Township of North Dumfries
Value Summary – Professional Services Option 1: xFactor Managed Services Description Price Help Desk and Proactive Server Maintenance -1 physical servers Included -1 virtual machines -20 users (3 locations) Included Maintenance Estimated 4 hours per month to complete maintenance On-site Visit(s) One visit per month. Up to 7.5 Hours per visit Managed Security Services Included $4,100.00/month
*Please see Appendix A for full details of included and excluded services. **Please refer to Appendix B for a list of features included in the xFactor agents (Windows, Linux, Mac)
Project Implementation Description Price per Agent Price Project Implementation Not Applicable $135.00/hour, Monday-Friday, 8:00 AM-6:00 PM $190.00/hour all other times
May 15, 2018 Page 5 of 14 Services Proposal – The Township of North Dumfries
Service Automation Xylotek utilizes the ConnectWise ticketing and time-entry systems to quantify usage and track progress and performance. We actively monitor: • ticket open time • response times • performance against service level agreements
As we detect trends, we take appropriate action to find root causes and address issues from a high level, including changing and refining our processes. This ‘closed-loop’ system ensures that we continuously learn and improve our level of service in the environment. The most important part, however, is to not only measure the speed of response and the cases-closed and timing metrics, but to focus on the response itself: • does it address the whole issue or only in part? • does it address the issue permanently, and across the entire user base so the issue is not dealt with repeatedly?
These qualities of service can be hard to achieve, because they actually skew the per-call performance metrics the wrong way at first, but quickly lead to fewer incidents in total and much higher service levels and customer satisfaction. Part of the role of Team Lead is to continually focus the technical team on overall performance and satisfaction objectives, so that necessary short-term fixes are always followed up with sustainable and documented solutions.
An Overview of Issue Intake – a Customizable Experience • Emails are received through email connectors that automatically launch tickets on the dedicated service board for THE TOWNSHIP, with the correct status, based on your requirements – will notify you as soon as a new ticket has been received.
• Replying to any e-mail notification you receive will directly update the service ticket in the system, as well as any THE TOWNSHIP contacts or Xylotek resources.
• Status notifications can be configured to keep you updated throughout the life of the ticket – whenever the ticket is updated, so are you
• Workflows can be enabled to help move the ticket through its lifespan automatically based on hundreds of different triggers.
• Service Level Agreement (SLA) alerts can configured to let you know if a ticket is approaching a defined threshold
• A Customer Portal is a convenient way to allow your clients or vendors to create, update and view tickets and their details. (status, priority etc.)
• Extremely easy to accept new requests over the phone and launch tickets on the go – can save, and update again later. – client can view it in the portal, and receive email notification immediately.
May 15, 2018 Page 6 of 14 Services Proposal – The Township of North Dumfries
• Backend database and Reporting capabilities make it easy to unlock your data for any kind of metrics you are looking for
Service Level Agreement Xylotek’s service automation software can be customized to meet the business needs of THE TOWNSHIP. Our standard Service Level Agreement (SLA) can be found below and is customizable. Xylotek will automate the ticketing system, and build the workflow to fit with THE TOWNSHIP’ needs. Our internal Integration Specialist will work with THE TOWNSHIP to build the customized workflows and reporting functionality to provide the most effective reporting and visibility possible.
• Priority 1: Critical o Response Time: 30 Min. o Definition: This is an EMERGENCY issue that significantly impacts the business critical devices and affects significant number of users or functions. o Notification: Immediate notification of the designated contact by specified phone number as well as e-mail and attempt to stabilize situation until confirmation to proceed with resolution is received. • Priority 2: High o Response Time: 2 Hours o This is a SEVERE issue that requires immediate attention but does not impact large number of users or devices. Majority of network and servers is operational. o Notification: Immediate notification of the designated contact by specified phone number as well as e-mail and attempt to stabilize situation until confirmation to proceed with resolution is received. • Priority 3: Medium o Response Time: 4 Hours o This is a SIGNIFICANT issue that doesn’t require immediate attention or does not impact large number of users or devices. Business critical services are unaffected. Issue should be addressed to prevent escalation. o Notification: Notification of the designated contact e-mail and phone with description of the issue and possible resolution if known. • Priority 4: Low o Response Time: 24 Hours o This is a LOW PRIORITY issue that requires attention but does not impact significant number of users or devices and does not affect any business critical systems. o Notification: Notification of the specified contact by e-mail with description of the issue.
May 15, 2018 Page 7 of 14 Services Proposal – The Township of North Dumfries
Appendix A: xFactor Managed Services Program Description • 24x7 Monitoring and Alerting – Servers and Network devices • Complete maintenance and issue resolution on all servers, including but not limited to: o Installation of updates on servers o Firmware Updates as required o Hard drive space monitoring o Hard Drive Health monitoring o Event Log Monitoring and Problem resolution o Exchange Monitoring and Problem resolution o Backups Monitoring and Fixing o Antivirus Monitoring and Updating, Infection clean up o Passive intrusion detection o Best practices implementation to ensure stability of the environment o Any additional steps that Xylotek deems necessary to ensure peak functionality of servers • Complete support of all server related user issues o Active Directory functions o Exchange Mailbox additions o Password changes o Additional items that fall under the maintenance (not new functionality) of the servers • Complete support of all desktop/laptop related issues o Troubleshooting and Fixing of all issues o Desktop and Laptop monitoring o Desktop and laptop updates o Antivirus maintenance and updates, infection clean up o Defragmentation of hard drives o Implementation of best practices to ensure peak functionality of desktops/laptops • End User Requests/Issues • Backup management o Archiving Management o Replication Management (backup data set) o Backup Infrastructure Management • Hardware failure (support agreement required) • VMware/Hyper-V layer management • Firewall and VPN monitoring support • Anti-spam appliance management • Phone system add/moves/deletes • Technical management of all WAN/Internet connections
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Service Desk Functions not Included (negotiable): 1. Mass Installation of software – new or re-installation (Anything installed to more than 3 machines would be considered maintenance and is not included) 2. Operating System reinstalls and new system deployments 3. SharePoint administration (that is, setup or modification of SharePoint website internals) 4. Line of business software upgrades or changes, software troubleshooting 5. New enhancements, upgrades, features or product deployments from a software/hardware perspective 6. Vendor management and communication 7. Hardware upgrades and installation 8. Cabling 9. Phone system support 10. Security systems support 11. Any additional items or services that qualify as new improvement to the existing environment rather than maintenance.
May 15, 2018 Page 9 of 14 Services Proposal – The Township of North Dumfries
Appendix B: Remote Monitoring and Management
IT Asset Management Identify, audit and manage workstations, servers, printers and routers. Group assets by operating system, application or location for ease of management.
Hardware Inventory Collect, store and analyze detailed information about computer's hardware assets and their configurations.
Software Inventory Collect, store and analyze detailed information about computer's installed applications.
Remote Control Simplify support by letting technicians control remote computers, servers, and network devices over the internet or on the network.
Software Deployment Group and deploy tools and services to one customer or a group of customers without needing to schedule interruption to end-users.
Patch Management Identify, approve, and update or ignore software patches and hotfixes for a single work station or a group of machines.
Storage and Backup Management Accurately monitor backup job status in real time, from a centralized dashboard. Perform on-demand actions such as disable, enable, create, edit, delete, start or cancel backup jobs.
Print Management Initiate, stop, or resume print activity. Access information on ink level, paper level, and number of pages printed.
Network Monitoring Discover, monitor, and control critical items in your infrastructure through powerful monitors and scripts.
Antivirus Management Detect the health and status of all major antivirus products in customers’ environments from a centralized dashboard.
May 15, 2018 Page 10 of 14 Services Proposal – The Township of North Dumfries
Appendix C: Daily Reporting Example
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May 15, 2018 Page 13 of 14 Services Proposal – The Township of North Dumfries
May 15, 2018 Page 14 of 14
Finance and Administration Committee FIN Report No. 20-2018 August 13, 2018
NORTH DUMFRIES FINANCIAL UPDATE – July 31, 2018
RECOMMENDATION
The Treasurer/Director of Corporate Services recommends:
1. THAT Report FIN No. 20-2018, Financial Update to July 31st, 2018, be received;
2. AND THAT Council authorize that $5,750 from for Bike Rack materials be spent in 2018 as allocated in the 2018 budget to be paid from Parks Trust;
1. PURPOSE
The purpose of this Report is to provide an update on the 2018 financial status to July 31st, 2018.
2. BACKGROUND
Staff have issued the financial reports to July 31, 2018 to Directors for their review. Based on the amounts that have been recorded and discussions with Directors, projections have been prepared for year end 2018.
3. OPTIONS AND ANALYSIS
The projection report for 2018 currently shows a projection of a Surplus of $37,875. This relates to savings in some capital items and gapping in staff wages as explained below. Staff are managing within the budgeted figures for operation and remain on track in terms of expenditures and revenues. Based on some preliminary estimates at this time, the Township could have a the small surplus as indicated, but as per the review below, there are many factors that could still affect these projections including weather, provincial policy and larger economic changes.
The 2018 Budget was approved by Council on January 29, 2018. This is the earliest budget the Township has approved. Staff have been busy implementing the directions given in the 2018 budget and finalizing the 2017 fiscal year end.
The following items of note will give Council an awareness of the work that has been ongoing and an overall review of how the many activities will affect the final year end.
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FIN Report No. 20- 2 0 1 8 A u g u s t 1 3 , 2 0 1 8 2018 – Financial Update to July 31 2018
• The Wages and Benefits are anticipated to be underbudget. The Deputy Clerk position was not filled for the first half of this year. An Elections Co-ordinator was assisting the Clerk for 2 months before the Acting Deputy Clerk position was filled July 1. The Planning, GIS Technician position has not yet been filled. The Township is also currently recruiting for an absence in the Building Inspector 1 position, which will reduced wages in building by 2 months. Building wages are covered by the revenues generated through building permits. The net savings projected at this time is approximately $25,000. • Benefit costs will result in a savings from the original budget as the negotiated rate by Mosey and Mosey, with Sunlife shows a reduction of 7%. The savings are projected to be approximately $6,000, or $1,000 per month. This due to savings in premiums on Extended Health care and Long-Term Disability. The Township benefits renewal date is July 1. At the time of the 2018 budget being prepared, Sunlife had delivered a proposal which would have resulted in an over all 5% increase in these premiums. Mosey and Mosey are the Township payroll benefits agents, as the Township is in a LAS Ontario Purchasing pool. • In the Corporate Services Capital budget, the following will affect the 2018-year end projections:
▪ Operations costs for Elections, Council and Administration are anticipated to be within Budget. ▪ The website work has been completed and is underbudget by $2,000 from estimated additional $6,000 cost. Implementation of the Bids and Tenders has been implemented, but at no anticipated cost to the Township. ▪ Office Renovations are complete with the finishing of the second customer services window. The budget of $6,000 will be exceeded by approximately $1,500. • In the Building Services Department the following will affect the 2018-year end projections:
▪ The Building Department is experiencing higher building permit fees. $286,133 of the projected $427,794 in the 2018 budget have been received as of July 31, 2018. These fees will be allocated to reserves at the year end so the net costs of the Building Department to the Township will be zero. ▪ Two Sports Utility Vehicles were tendered and approved by Council for the Building department however the original supplier could not deliver the vehicles. The revised pricing from the next lowest bidder was approved by Council but slightly higher. The result is a cost of $62,214 plus $1,700 for appropriate markings, or a total cost of $63,914. This exceeds the original
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FIN Report No. 20- 2 0 1 8 A u g u s t 1 3 , 2 0 1 8 2018 – Financial Update to July 31 2018
budget of $58,000 by $5,914, however it will be funded from the Building Department Reserve account.
▪ In the Protective Services Division, the following will affect the 2018- year end projections: ▪ Three (3) part time by-law officers have been hired for most of 2018, however with the later start there will be some savings, mostly in wages. ▪ Additional Crossing Guards (3) were approved by Council this year and there may be some additional costs, however staff are looking at savings from by-law to offset costs, as well as streamlining of the hours before and after school. ▪ Request for Proposal has been issued for a three-year Animal Control contract.
▪ In the Fire and Emergency Management Departments, the following will affect the 2018- year end projections:
▪ Fire and Emergency planning wages and overall operations costs are anticipated to be within budget but are being monitored by staff. ▪ The 2017 Tanker was delivered and paid in 2018. It was approved by Council to be funded from Fire Reserves. ▪ The Breathing Air Refill station has been tendered and approved and will be installed by early September. The costs came in slightly over budget at 49,610 (budget was 42,840). The project was anticipated to be funded with proceeds of $25,000 coming from donations from Enbridge and CP Rail. The balance was to come from other contributions. This did not occur and Council authorized the balance be paid from the Fire Administration Reserve. ▪ Fire Protective equipment was purchased through a Regional Co-operative purchasing arrangement and came in $1,000 underbudget. Savings by purchasing through the co-operative savings was approximate $200 per suit. ▪ Bunker Gear retrofit was also under budget by $4,000. ▪ The Department is waiting for receipt of the Voice Radio Equipment from the Region, and anticipates payment later in 2018, however the system will not be in place until 2019.
• In Community Services - Public Works Division, the following will affect the 2018- year end projections:
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FIN Report No. 20- 2 0 1 8 A u g u s t 1 3 , 2 0 1 8 2018 – Financial Update to July 31 2018
▪ Overall Community Services, Public Works operations costs will be within budget. ▪ The Mitchell Drain project was awarded to the contractor in March. The total drain cost estimated in the 2016 Mitchell Drain report was $360,000. At this time, the projected final cost for the Mitchell Drain is 390,750. The increased cost is primarily due to revisions at Swan Street requested by and assessed to the Region under Section 26 of the Drainage Act. Per the Mitchell Drain 2016 report, the Township’s total cost for the project was in the 2018 budget at $34,475. Based on the tenders received, the Township’s projected assessment is $29,900 for the Mitchell Drain 2016 project. These are mandatory costs under the Municipal Drain legislation. The Township’s portion for culvert replacement that was added to the project is $13,291. This brings the total cost to the Township to $43,191. Council approved in the 2018 budget that $34,575 be transferred from the Township Aggregates Reserve and further approved the unbudgeted $8,716 difference also come from the Township Aggregates reserve in order to proceed with the Culvert replacement and resurfacing costs at the intersection of Brant-Waterloo Rd and Waterloo Regional Road 58 (Swan St)/Brant County Road 15 (Ayr Rd). ▪ 2005 Volvo vehicles repairs will be over by approximately $7,000 due to the age of the equipment. This is being replaced at the end of 2018 with the arrival of the new Tandem Axle Plow Truck that was awarded in 2018. The Tender for the Truck was received and approved by Council at a net cost to the Township of $258,458.33. The 2018 budget allocated $280,500 to be paid from Public Work Rolling stock reserves. The savings will assist in future years rolling stock purchases. ▪ 2005 Cat Loader equipment repairs will be over by approximately $5,000 due to the age of the equipment. This is scheduled for replacement 2020 at an anticipated cost of $238,500. ▪ 2002 Freightliner equipment repairs will be over by approximately $2,000 due to age. It is scheduled for replacement in the 2019 budget at an estimated cost of $234,000. ▪ A ¾ Ton Pickup is being recommended for approval at Council at a cost of $43,994 (plus HST). The budget estimate was $49,470 which will result in savings of 5,476. The vehicle was to be paid from reserves, with the savings to remain in the account for future years rolling stock purchases. ▪ Quotations were received for the Tandem Axle trailer and was purchased at a cost of $9,500. The equipment was estimated in the budget at $28,560. The savings of approximately $19,000 will be left in the Rolling stock reserve account.
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FIN Report No. 20- 2 0 1 8 A u g u s t 1 3 , 2 0 1 8 2018 – Financial Update to July 31 2018
▪ Sidewalk repairs and installations were awarded by Council at a cost of $41,864 which is slightly over the budgeted 40,000. Council approved that the overage be funded from the Sidewalk reserve, which is at $60,000 before the 2018 expenditure. ▪ The Bi-Annual requirement for a Bridge Study under OSIM regulations has been awarded at a cost of $5,037. This was budget $8,500 with the savings of approximately $3,500 to contribute to a year end surplus, as this is being funded from the general tax levy. ▪ Flood and Ice storm with a heavy winter in the first fiscal quarter may cause overages in labour and equipment repairs, but the full effect for the year will not be known until the 4th fiscal quarter. ▪ Garage Supplies used for repairs on vehicles and equipment will be overbudget by $3,000. ▪ Other items in the Public Works division that are still being completed by Management or by consultants that will affect the Township’s Financial position are: o Various Roads Resurfacing tenders has been completed. Phase 1 resulted in lower than expected pricing, so a phase 2 was issued. It is anticipated more roads will be completed in 2018 than originally anticipated, but staying within the 2018 budget of $1,450,000. These projects are funded by the AMO Gas Tax, OCIF Provincial funds and the Gravel Pit reserve. o The Sweeper arm in the budget for $15,810 was purchased for $10,077. o The Backup generator for Public Works buildings was budgeted at $24,480 but came in at a cost of $12,771. o A cycling Infrastructure Study is estimated to cost $23,500. A request for proposal will be issued to consultants for late 2018 but the work may be delayed until 2019. o The demolition of the Quonset Hut and construction of a Drive shed at the Public Works yard will be delayed until 2019. Its is estimated in the budget at a cost of $219,300. o A Request for Proposal has been issued for workorder / Asset Management software purchase, installation, installation and training and was budgeted at $15,000. Work to implement will take place in late 2018. o The Storm Water Management plan RFP will be sent out in fall 2018
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FIN Report No. 20- 2 0 1 8 A u g u s t 1 3 , 2 0 1 8 2018 – Financial Update to July 31 2018
• In the Community Services - Recreation Division, the following will affect the 2018-year end projections:
▪ Overall Community Services, Recreation Division operations costs will be within budget, however there are line items that will be over, with others being underspent to make the budget balance. ▪ The refrigeration maintenance line at the ACC will be over by $6,000 due to a required overhaul of the equipment. The Facilities supervisor determined this was required during shut down to ensure the reliance of the operating system. ▪ The purchase of two Zero Turn Mowers were budgeted at $37,230. After tenders were received, Council approved the purchase of this equipment at $29,980, resulting in a savings of $7,250. The capital acquisition is funded from Development Charges. ▪ After review, staff determined a 3rd mower would be rented at a cost of $650 per month for 4 months, however this cost will be funded from savings in Turf Management. ▪ The Turf Management costs were budgeted at $45,000 per year. After completing Request for Proposal process, the costs annual costs are contracted to be: o 2018 – 30,270, o 2019 – 24,690, o 2020 – 32,086.
▪ Cowan Park Sports Field upgrades to the water service will cost $39,900. The budget anticipated a cost of $46,257. This will be funded from Development Charged. ▪ The Replacement of the play structure in Branchton completed and is underbudget at a net cost the Township of $40,585.85. The Budget was estimated at $45,900 being funded from the Park Trust account. ▪ A storage Building for Soccer was estimated in the budget at $23,460. No tenders were received so staff sourced the building and were able to get one installed at a total cost of $6,696. It is funded from Park Trust. ▪ Other items in the Recreation division (including Facilities) that are still being completed by Management or by consultants that will affect the Township’s Financial position are: o Centennial Park – Walkway lighting. The design consultant is preparing electrical engineering drawings. Upon completion the supply and installation of the lighting will be
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FIN Report No. 20- 2 0 1 8 A u g u s t 1 3 , 2 0 1 8 2018 – Financial Update to July 31 2018
tendered. The actual construction/ installation work may be delayed until 2019. o BMX/ Skateboard Park design consulting services was awarded at a cost of $46,810. The budget estimate was $50,000. This is being funded from Reserves. o The ACC Floor Replacement was awarded at a total cost of 19,364 plus $6,000 to remove asbestos. The budget was $41,000. o ACC Dehumidifier was awarded at a cost of $71,546. This is overbudget by $20,536, however the shortfall was funded by the reallocation of saving s in the flooring project for the ACC and funding of $5,620 approved by Council, from reserves. o A Request for Proposal for registration software purchase, installation, installation and training for Facilities Management is estimated at $64,424 will be issued mid 2018. o A Request for Proposal for a consultant to complete a Facilities Life Cycle Analysis estimated at $50,000 has an RFP which will close the end of August. The work is anticipated to take place late 2018. o The Township budgeted $15,000 for ongoing work on the Branchton trail regarding ownership issues, which is currently ongoing and anticipated to be within budget.
• The Pay Equity and Salary Comparison study will be awarded in August and is anticipated to be under budget. • Corporately, increased Fuel costs were budgeted for in 2018, however the recent sharp increases may cause a cost overage at the year end. Staff are monitoring and will make adjustments where possible. A reserve is proposed with the surplus from 2017 that may help if costs are over the 2018 budget. • The new fees that were adopted by Council in December 2017 are in place and producing additional revenues, consistent with the budget.
• The 2018 budget included funding of new Bike Rack materials in the amount of $11,500 with funding anticipated from the Ontario Government for $5,750. This program was cut by the Province. Staff are requesting Council consider approval to go ahead and spend theTownship’s balance of $5,750 which was to be funded from Parks Trust;
Included as Attachment No. 1 is a summary breakdown of each Municipal Department. The quarterly figure report nets numbers of the expenditures against offsetting revenues.
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Township of North Dumfries Date: 8/1/2018 Trial Balance and Budget Report 2016 2017 2017 2018 2018 2018 For 1/1/2017 To 7/31/2018 12/31/16 BUDGET 12/31/17 BUDGET 7/31/18 PROJECTION
Total General Revenue Taxation (4,571,225.69) (4,924,735) (4,852,122.81) (5,297,532) (5,155,532.56) (5,297,532) Total General Corporate Revenues (530,784.59) (528,200) (567,813.24) (578,200) (893,275.06) (578,200) TOTAL TAXES AND CORPORATE REVENUES (5,102,010.28) (5,452,935) (5,419,936.05) (5,875,732) (6,048,807.62) (5,875,732) Total Council 114,475.20 123,344 114,920.04 123,470 66,188.74 123,470 Total Elections 14,984.32 14,680 14,453.60 14,680 6,110.76 14,680 Total Corporate Serv Admin 953,496.35 1,001,850 955,044.50 1,080,563 554,448.75 1,070,563 Total Admin Office NDCC 1,706.73 27,300 42,472.22 27,300 - 27,300 Total 1171 Greenfield Road 3,960.98 3,000 6,117.64 5,500 4,457.85 5,500 TOTAL CORPORATE SERVICES 1,088,623.58 1,170,174 1,133,008.00 1,251,513 631,206.10 1,241,513 Total Fire 801,169.40 893,057 838,936.89 913,110 493,557.58 913,110 Total Emergency Planning 1,636.84 3,000 3,477.73 3,000 4,030.90 3,000 TOTAL FIRE 802,806.24 896,057 842,414.62 916,110 497,588.48 916,110 Total Animal Control 613.36 8,425 (1,457.98) 4,675 (3,507.47) 4,675 Total Building Permit & Inspection Services (18,146.00) (18,000) (12,264.74) - (77,110.97) - Total Fence Viewing - 200 - 200 (155.00) 200 Total By-Law Enforcement 103,984.05 118,299 30,794.77 115,142 42,672.74 105,142 Total School Crossing Guards 46,809.70 50,999 47,908.98 52,058 32,431.23 62,058 TOTAL PROTECTIVE SERVICES 936,067.35 1,055,980 907,395.65 1,088,185 491,919.01 1,088,185 Total Transportation Services - Overhead 386,036.25 824,785 326,659.36 871,674 171,493.95 871,674 Total Public Works Facilities 39,446.48 35,500 58,125.70 35,500 31,967.21 47,500 Total Public Works Vehicles & Equipment 161,321.27 201,250 243,268.38 188,250 121,669.53 188,250 Total Roads - Paved 57,846.06 49,500 113,603.58 46,500 53,227.49 46,500 Total Roads - Unpaved 77,377.55 74,000 69,031.69 72,000 42,266.21 72,000 Total Roads- Bridges & Culverts 2,900.66 9,000 13,971.64 8,000 6,361.16 8,000 Total Roads - Traffic & Roadside 135,604.63 112,500 216,567.24 95,000 95,322.08 90,000 Total Roads - Winter Control 227,717.81 166,000 251,703.01 142,000 161,275.04 142,000 Total Street Lighting 101,530.44 101,000 62,090.10 94,000 48,580.28 94,000 Total Special Area Costs - AYR 47,210.62 43,000 47,892.53 67,000 55,834.78 75,000 TOTAL PUBLIC WORKS 1,236,991.77 1,616,535 1,402,913.23 1,619,924 787,997.73 1,634,924 Total Environmental 37,374.17 - 309.17 - (6,715.71) - Solid Waste Collection - - (35.00) - (189.50) - TOTAL ENVIRONMENTAL SERVICES 37,374.17 - 274.17 - (6,905.21) - Total Recreation and Cultural Services 341,028.05 756,378 254,280.22 881,052 202,919.33 884,052 Total Parks 141,771.49 86,000 149,769.79 80,500 120,442.10 90,352 Total Canada 150 Program - - 8,543.85 - - - Total Rec. Facility - ACC 57,426.82 (6,000) 49,059.59 (42,790) 46,614.59 (41,290) Total Rec Facility - NDCC 492,290.05 86,250 518,897.35 175,950 230,858.13 175,950 Total Rec. Facility - Roseville Hall 788.19 2,000 549.11 3,200 1,753.28 3,200 Total Libraries ------TOTAL RECREATION SERVICES 1,033,304.60 924,628 981,099.91 1,097,912 602,587.43 1,112,264 Total Planning & Development 63,349.51 114,301 130,860.52 213,734 74,686.87 173,734 Total Heritage 6,914.96 7,296 7,914.97 9,428 3,616.55 9,428 Total Aggregate Projects 6,365.24 6,546 - - - - TOTAL PLANNING 76,629.71 128,143 138,775.49 223,162 78,303.42 183,162 Total Operations (693,019.10) (557,475) (856,469.60) (595,036) (3,463,699.14) (615,684) Total Administration/Corporate Capital 67,049.11 82,975 77,618.45 6,000 3,342.28 4,000 Total Fire Capital 117,500.00 136,500 136,500.00 163,432 170,843.49 163,124 Total Building Capital 10,438.00 18,000 18,000.00 - - - Total By Law Capital 6,000.00 - - 6,000 6,000.00 6,000 Transfer to Reserve 19,300 Total Public Works Capital 132,479.45 220,000 254,575.00 293,780 511,631.96 278,202 Total Recreation Capital 103,116.80 85,000 79,156.60 125,824 75,620.80 126,484 Total Planning Capital 15,000.00 15,000 30,660.00 - - - Total Capital 451,583.36 557,475 596,510.05 595,036 767,438.53 577,809 TOTAL INCOME AND EXPENSE ACCTS (241,435.74) - (259,959.55) - (2,696,260.61) (37,875)
Finance and Administration Committee FIN Report No. 22-2018 August 13, 2018
2018 CAMBRIDGE & NORTH DUMFRIES COMMUNITY FOUNDATION GRANT AWARD AND ALLOCATION
RECOMMENDATION
The Treasurer/Director of Corporate Services recommends:
THAT Council adopt the following resolution:
1. THAT the Township receive the grant allocation of Nine Thousand Fifty Dollars ($9,050) from the Cambridge & North Dumfries Community Foundation;
2. AND THAT consistent with the Foundation’s letter of July 10, 2018 that the Township allocate the funds to the following community groups:
Ayr Curling Club $ 2,500 Ayr Minor Softball $ 2,500 Ayr Rockets Girls Hockey Association $ 2,500 Ayr Summer Fun Hockey Skills $ 1,550
3. AND THAT a letter be sent by the Mayor on behalf of Council thanking the Cambridge and North Dumfries Community Foundation together with the North Dumfries Smart & Caring Grants Advisory Committee, for their financial support and recognition of these community groups and the valuable programs that they provide on behalf of the Township’s residents.
1. PURPOSE
The purpose of this Report is to advise Council of a second round of grant allocations for 2018 received from the Cambridge and North Dumfries Community Foundation and the benefitting recipients, and to authorize staff to redistribute the funds consistent with the direction received from the Foundation.
2. BACKGROUND
The Township has a guideline for community groups that apply for funding assistance through the Cambridge & North Dumfries Community Foundation. As a Community Foundation, the Cambridge and North Dumfries Community Foundation are able to grant to charitable organizations and Municipalities however they may not provide the
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FIN Report No. 2 2 - 2 0 1 8 A u g u s t 13, 2 0 1 8
funding assistance directly to community groups that are not registered as charities. In order to support non-registered charitable groups in North Dumfries the Municipality receives the funds and are asked to forward the funds through to the eligible community groups.
It should be noted that while the Cambridge and North Dumfries Community Foundation is the organization responsible to maintaining the funds, both to invest and disburse, the funds that are allocated are actually made possible through the North Dumfries Smart & Caring Community Foundation, the International Plowing Match Fund, Linda & Lloyd Gower Fund, as well as a donor-advised Anonymous Funds. The review of the grant applications and recommendations are made by the North Dumfries Smart & Caring Grants Advisory Committee, which is made up of select volunteers, including members of the North Dumfries community.
3. OPTIONS AND ANALYSIS
The Cambridge & North Dumfries Community Foundation is part of Canada’s Community Foundation movement. The Foundation builds and manages endowment funds to facilitate in the development of stronger communities. The goal of the Foundation is to support a wide range of initiatives which sustain and improve the quality of life in both Cambridge and North Dumfries.
Consistent with the Township’s Guidelines and the request from the Community Foundation, for 2018, the Municipality has received and has deposited funds in the amount of $9,050 and redistribute the amount by issuing cheques to each of the following six community groups:
Ayr Curling Club $ 2,500 Ayr Minor Softball $ 2,500 Ayr Rockets Girls Hockey Association $ 2,500 Ayr Summer Fun Hockey Skills $ 1,550
Support by the Cambridge & North Dumfries Community Foundation allows for enhanced programming and outreach opportunities within the Municipality by community focussed groups. The financial assistance provided by the Foundation is greatly appreciated.
4. FINANCIAL IMPLICATIONS
There are no implications in the 2018 Budget arising from the consideration of this report, as the funds are being received and redistributed in the same amount. No additional funds by the Township are being included for this grant program.
FINANCE & ADMINISTRATION COMMITTEE Report No. PW-16-2018 August 13, 2018
REQUEST FOR TENDER AWARD: ND- RFT-37-2018 SUPPLY AND DELIVERY OF ONE (1) 2019 3/4 TON, CREW CAB PICKUP
The Director of Community Services recommends:
1. THAT Council receive PW Report No. 16- 2018
2. AND THAT Council approve the award of ND-RFT-37-2018 for the supply & delivery of one (1) 2019 3/4 Ton, Crew Cab Pickup to East Court Ford Lincoln for the total amount of $ 42,794.25 plus HST;
3. AND THAT Council approve the additional allocation of funds not to exceed $1200.00 (plus HST) for the purchase and installation of side steps / running boards to be added to the vehicle;
4. AND THAT the Mayor and Clerk be authorized to execute any necessary documents to finalize the purchase of the 2019 3/4 Ton, Crew Cab Pickup from East Court Ford Lincoln on behalf of the Township.
1. PURPOSE:
The purpose of the report is to seek Council approval for the award of Tender [ND-RFT-37- 2018] for the purchase a 2019 3/4 Ton, Crew Cab Pickup as identified in the 2018 Capital Budget.
2. BACKGROUND
In the 2018 Capital Budget, Council approved funding for the purchase of the following vehicle:
Department Project & Tender Description Budget Amount Part Public Works ND-RFT-37 2018 One (1) 2019 3/4 Crew Cab $49,470.00 Pickup
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Finance & Administration Committee Report No. PW- 1 6 - 2018 A u g u s t 1 3 , 2 0 1 8 3. OPTIONS AND ANALYSIS
In accordance with the Township’s Procurement By-law and Polices, RFT ND-RFT-37-2018 was advertised publicly on the Township’s website www.northdumfries.ca as well as the Bids and Tenders website. There was a total of five (5) Plan Takers for the bid document.
Four (4) bids were received as outlined below. The bids were opened in public on Wednesday, August 1st, 2018 at 2:15pm
Staff reviewed all four (4) of the bid submissions and deemed only two (2) of them to compliant with the specifications listed in the tender document.
Bennetts GM and Parkway Ford did not submit the required documents and/or signatures required in the bid submission which deemed their bid submissions to be non-compliant.
2019 3/4 Ton, Crew Cab Pickup (Quantity – One)
Bidder Net cost – Cost Including Net Cost after before HST HST HST rebate Parkway Ford Sales 43,295.00 48,923.35 44,056.99 1996 Ltd Ridgehill Ford Sales 42,879.00 48,453.27 43,633.67 1980 Ltd East Court Ford 42,794.25 48,357.50 43,547.43 Lincoln Bennett GM 38,747.00 43,784.11 38,815.19
Pricing was provided using the Broader Public Service of the Province of Ontario Ministry of Government Services Vendor of Record arrangement OSS_00163907 and as such all vehicles were subject to concessions (discount) provided by the manufacturer. All specified equipment and outfitting was included in the total. Bidders are responsible in their quoted price to include all applicable taxes and licensing, including the full HST (13%).
Two (2) Bids were deemed to be compliant with the Township’s specifications as set out in the Tender package. Ridgehill Ford Sales and East Court Ford Lincoln.
With respect to the purchase of the ¾ Ton (4x4) Crew Cab Pick up Truck, all four (4) bids received were below the Budget allocation of $ 49,470. The lowest compliant bid is from East Court Ford Lincoln in the amount of $42,794.25 plus HST. With the application of the HST inclusive of the applicable rebate, the cost for the truck will be equivalent to $ 43,547.43
With the additional height from the ground to the truck cab on a ¾ ton pick up style vehicle poses a possibly health and safety risk to employees as they enter or exit the vehicle safely. The addition of side steps / running boards will assist with entering and exiting the vehicle and potentially avoid injury that could lead to WSIB claims. It is recommended that an
FINANCE AND ADMINISTRATION COMMITTEE Report No. PW-17-2018
August 13, 2018
REQUEST FOR TENDER AWARD: ND-RFT-36-2018 ROAD RESURFACING – VARIOUS LOCATIONS
RECOMMENDATION
The Director of Community Services recommends:
1. THAT Council receive Report No. PW-17-2018;
2. AND THAT Council approve the award of contract ND-RFT-36-2018 to resurface various roads in the amount of $191,891.00 (plus HST) to Ekum-Sekum Incorporated (Brantco);
3. AND THAT a project contingency of 15% be established;
4. AND THAT $15,000.0 be set aside to cover expenses associated with inspection and laboratory material testing expenses;
5. AND THAT the Mayor and Clerk be authorized to execute any necessary documents to facilitate the completion of this project.
1. PURPOSE
The purpose of this report is to seek Council’s approval to award the Tender for resurfacing various roads to Ekum-Sekum Incorporated (Brantco) in the amount of $191,891.00 plus HST.
2. BACKGROUND
In the approved 2018 Capital Budget an amount of $1,450,000 was approved by Council to complete the resurfacing of various roads. A previous tender (RFT-04-2018) was awarded as phase one (1) of the 2018 road resurfacing project on June 11th 2018 in the amount of $650,435.67 (net HST) along with expenses associated with project contingency and inspection/laboratory material testing expenses.
Council directed Staff to prepare a second road resurfacing tender (phase 2) for the balance remaining in the approved Capital Budget of approx. $700,000.00 after the 2 | P a g e
Finance and Administration Report No. PW- 17- 2 0 1 8 A u g u s t 1 3 th, 2 0 1 8 award of Phase one (1) and to enter the market place to seek competitive bids from qualified contractors.
Staff at this time identified approximately 2.85 km of roads that required resurfacing and entered the open market with RFT-36-2018 to seek competitive bids from qualified contractors.
These roads were identified by staff for 2018 re-surfacing as a slight alteration to the 10yr re-surfacing schedule set out in the Townships roads needs study. The slight alteration is due largely in part to the Regional construction project that encompasses Northumberland and Swan in 2018 and the downtown corridor of Northumberland and Stanley streets in 2019.
It is not good practice to have multiple construction projects taking place in the same geographical area and timeframe as this causes great confusion and disruption for commuters and residents with the conflicting construction and detour signage that would be posted.
Prior to the closing of the Road Resurfacing Tender RFT-36-2018 staff identified the dramatic cost increase the MTO Asphalt Cement Price Index (ACI). This increase in cost has a significant affect on the road resurfacing contact for Phase one (1). With the ACI at a much higher rate than when the project was awarded in June can potentially increase the total cost of phase one (1) by approx.$ 225,000.00. Since March 2018 (when the Tender was prepared) to present the ACI has increased approximately 23% in valuation.
The MTO Asphalt Cement Price Index is a provincially set cost for asphalt cement that is required in all oil base asphalt resurfacing material. This price index will fluctuate up and down monthly with the cost of oil. This makes projecting the budget for road resurfacing very difficult in a volatile price market that we are presently experiencing.
With the more accurate Asphalt Cement numbers staff have adjusted the “Scope of Work” by removing Roseville Road from the initial Tender RFT-36-2018 document to accommodate for the increased cost assigned to phase 1 and remain within the 2018 approved Capital Road Resurfacing Budget.
With this change in the “scope of work” approximately 1.6 km of road resurfacing remains in the Tender document for phase two (2).
Staff then issued an addendum and extended the deadline to allow for the bidders to accommodate the changes made to the initial Tender document.
3. OPTIONS AND ANALYSIS
In accordance with the Township’s Procurement By-law and Polices, RFT ND-RFT-36- 2018 was advertised publicly on June 14th,2018 on the Township’s website 3 | P a g e
Finance and Administration Report No. PW- 17- 2 0 1 8 A u g u s t 1 3 th, 2 0 1 8 www.northdumfries.ca as well as the Bids and Tenders website. There was a total of fifteen (15) Plan Takers for the bid document.
To ensure both phase one (1) and phase two (2) of the 2018 road resurfacing projects stay within the approved Capital Budget of $1.4 million Staff adjusted the scope of work required in RFT-36-2018 to include completing the remaining section of Nith River Way and a section of Gore Road as identified in Attachment 1. This change results in Approx. 1.6 km of road resurfacing to be awarded in phase two (2).
Six (6) bids were received as outlined below. The bids were opened in public on Friday August 3rd, 2018 at 2:05 p.m.
Staff reviewed all six (6) bid submissions and deemed them all to compliant with the specifications listed in the tender document.
A summary of the six (6) tender amounts received is as follows:
Cost before HST Total Cost Net cost after Company HST HST rebate Ekum-Sekum $24945.83 $216836.83 $195,268.28 Incorporated $191,891.00 (Brantco) Cox $32,733.29 $284,527.79 $256,226.08 Construction $251,794.50 Limited CoCo Paving $28,772.77 $250,101.77 $221,718.54 $221,329.00 Inc. E&E Seegmiller $33,303.05 $289,480.35 $256628.17 $256,177.30 Limited Steed and Evans $264,000.00 $34,320.00 $298,320.00 $264,464.64 Capital Paving $31,409.37 $273,019.87 $245,862.84 $241,610.50 Inc.
Ekum-Sekum Incorporated (Brantco) submitted the lowest bid of $191,891.00 plus HST. This submission is within the approved 2018 Capital Budget of $1,450,000.00 when accounting for the adjusted values assigned to phase 1.
Staff will be hiring an independent Pavement testing lab and inspector to be on site during the construction phase of the re-surfacing project. The Lab will do testing on the quality of the asphalt being applied as well as compaction properties to ensure that the product and procedures meet the specs listed in the tender document. The cost for this part of the project is not expected to exceed $15,000.00 for phase 2.
STREET NAMES a) Nith River Way from #92 - #210. 50mm HL3 surface asphalt. Approx. .7 km b) Gore Road. From Townline Rd. to 170 m east of Shellard rd. 50mm HL4 base asphalt, 50mm HL3 surface asphalt Approx. .9 km
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Gore Road- Townline Road to 170 Metres East of Shellard Rd. Estimated .9 kms
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NITH RIVER WAY INCLUDING: • #92 - #210 (Robson St. t Broom St, Ayr) • Estimated .7 kms
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FINANCE & ADMINISTRATION COMMITTEE CAO Report No. 35-2018 August 13th, 2018
FRAMEWORK: MEMORANDUM OF UNDERSTANDING NORTH DUMFRIES HERITAGE PRESERVATION SOCIETY & THE TOWNSHIP
RECOMMENDATION
The Chief Administrative Officer recommends:
1. THAT CAO Report No. 35-2018 be received;
2. AND THAT the Finance & Administration Committee recommend that the Township enter into a Memorandum of Understanding with the North Dumfries Heritage Preservation Society, with a lapsing date of July 31st, 2023;
3. AND THAT the Mayor and Clerk be authorized to execute the Memorandum of Understanding with the Heritage Preservation Society, subject to any minor revisions as required by the Township Solicitor and/or the Chief Administrative Officer;
4. AND THAT the Committee recommend to Council the approval of By-law 2984-18, being a By-law to establish the North Dumfries Heritage Preservation Society as the Archivist for the Township for the time period through to July 2023.
1. PURPOSE
The purpose of this Report is to introduce for Council’s consideration the framework of a Memorandum of Understanding between the Township and the North Dumfries Heritage Preservation Society (NDHPS) and an implementing By-law to acknowledge the NDHPS as an Archivist for the Township.
The purpose of these documents is to formalize the unofficial arrangements that have occurred over the past five or six year time period.
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Finance & Administration Committee CAO Report No. 35-2018 August 13th, 2018
2. BACKGROUND
The North Dumfries Heritage Preservation Society (NDHPS) is a group of dedicated members of the community that share the common passion of wanting to catalogue, protect and preserve, and, engage, inform and educate, on the history and heritage of the Township.
Over the past five or six years the NDHPS has been allocated space in the North Dumfries Community Complex (NDCC) for an Office and Storage Space, and, is in receipt of legacy documents from the Township. No formal arrangements were negotiated with the NDHPS, and, the shared responsibilities and mandates were never clearly articulated.
The draft Memorandum of Understanding (MOU) and the associated By-law have been prepared to provide the appropriate framework to govern the arrangements between the NDHPS and the Township.
3. OPTIONS AND ANALYSIS
The NDHPS is a group of dedicated community volunteers. Through an adopted MOU the opportunity exists to leverage the dedication of volunteers to provide resources, time and expertise to grow the capacity of the Township to provide enhanced archival services, and, means to properly catalogue and preserve important aspects of the history of the Township as a Corporation.
The draft MOU which is included as Attachment No. 1 can be summarized with the key items:
• The term of the Agreement is for the period extending from August 1st, 2018 to July 31st, 2023 (5 year term) with the ability to renew and/or extend;
• Identify the space in the NDCC set aside for the NDHPS (storage locker off the Fitness Room, the Office adjacent the Fitness Room, and, access to the Fitness Room for meetings, cataloguing, etc) at no expense to the NDHPS;
• The recognition of the Township as a sponsor of the NDHPS on all advertising and promotional material;
• The NDHPS will act as the Township’s agent or steward on Corporate records that are thirty years or older, consistent with the policies and procedures of the Township’s Corporate Records Management Program Policy and Corporate Resources Polices;
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Finance & Administration Committee CAO Report No. 35-2018 August 13th, 2018
• Assess, organize, preserve and manage the Township’s archival material and to provide ready access by the Public to these documents;
• Digitize the archival material for ready access by the Public;
• The Township will provide an annual Grant to the NDHPS to be determined through the Council lead Budget process based upon the workplan;
• The NDHPS and Township Staff will meet a minimum of three times a year to review items such as the annual workplan and to monitor activities;
• The NDHPS will appear before Council as a Delegation on an annual basis to report on activities and plans for the upcoming year;
• The NDHPS will on an annual basis convene workshops / public education and outreach sessions, including participating in the Mayor’s Levee and displays during Ontario Heritage Week;
• That prior to September 2021, the Township and the NDHPS will discuss opportunities for establishing a permanent venue for a Municipal archive and museum;
• During the term of the present MOU, the NDHPS will undertake the necessary steps to incorporate as a Not-for-Profit Organization and to establish the corresponding Board of Directors; and,
• The Township through its Corporate Insurance Policy, will provide insurance coverage to the NDHPS for its workspace and NDHPS personnel acting as agents of the Municipality.
Associated with the draft MOU is a draft By-law (included as Attachment No. 2 to this Report) that if adopted, would recognize the NDHPS as the Township’s archivist under the provisions of Section 254 of the Municipal Act for the term of the MOU.
The MOU and associated appointment By-law are designed to formalize the arrangements that have been “understood” for the past five or six year period, and, to better articulate roles, responsibilities and expectations of the parties. The five year term of the MOU, as drafted, will provide the opportunity for the NDHPS and the Township to grow the relationship and to evaluate / monitor the program.
PROTECTIVE SERVICES COMMITTEE CAO Report No. 36-2018 August 13th, 2018
CONSIDERATION OF A PARKS BY-LAW
RECOMMENDATION
The Chief Administrative Officer recommends:
1. THAT CAO Report No. 36-2018 be received;
2. AND THAT the Protective Services Committee recommend to Council that By-law 2985-18, being a By-law to regulate activities and conduct within Township Parks and Open Space Systems, be enacted.
1. PURPOSE
The purpose of this Report is to introduce for Committee / Council’s consideration a new By-law to regulate activities within Township Parks. A Report and draft By-law was previously reviewed and considered by the Protective Services Committee at the May 14th, 2018 Meeting.
2. BACKGROUND
Staff as part of the May 14th, 2018 Protective Services Committee Agenda presented CAO Report No. 22-2018. For the purposes of brevity, any readers interested in the contents of the original Staff Report should refer to the May 14th on-line Agenda [www.northdumfries.ca] to view and/or download.
Arising from the consideration of the May 14th Report, Protective Services Committee deferred a decision on the matter. The Committee asked Staff to further delve into two key items:
i) The hours of operation --- should the hours be varied based upon the operating season and the ambient daylight available; and,
ii) If a Park is closed and a person passes through the Park on a pathway to get from one place to another beyond the boundaries of the Park, how would they be distinguished from someone who is loitering?
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Protective Services C o m m i t t e e CAO Report No. 36- 2 0 1 8 A u g u s t 1 3 th, 2 0 1 8
3. OPTIONS AND ANALYSIS
Included as Attachment No. 1 to this Report is a draft Parks By-law that is being presented for review and consideration. Generally the By-law mirrors what was presented to the Protective Services Committee in May 2018 with some general formatting and grammatical edits.
The draft Parks By-law has been set out to reflect current operational practices as administered by Staff, and, to better define what types of activities can occur with Parks or portions of Parks.
The draft Parks By-law, through the definition of a “Park”, has also broadened the areas to which the By-law would apply. Specifically, a definition of a “Park” has been broadened to include:
i) Land and land covered by water;
ii) Land owned or made available by lease or agreement to the Municipality;
iii) Clarifies that “Parks” includes public open space, sports fields, hardscape plazas / municipal squares, off-road trail, lands associated with a Municipal recreation facility;
iv) All buildings, structures and facilities on lands within a “Park”
The By-law sets out provisions and/or regulations capturing the following matters:
i) Acceptable conduct of persons or groups within the Park;
ii) Littering and other forms of pollution;
iii) Protection of wildlife, birds, waterfowl, animals and fishery resources;
iv) Encroachment into a Park;
v) Restrictions in terms of Park use and/or the appropriate method through the issuance of a Permit to allow the use;
vi) Vehicles in Parks as it relates to designated areas, parking, and, access;
vii) Restrictions on domestic animals;
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Protective Services C o m m i t t e e CAO Report No. 36- 2 0 1 8 A u g u s t 1 3 th, 2 0 1 8
ix) Establishing Park operating hours; and,
x) Means and methods for enforcement and the levying of penalties.
Staff wish to draw to Council’s attention that the operating hours for Parks is proposed to be changed if the draft by-law were to be adopted. At present, Parks are open to the public year round and can be accessed between 7 am and 11 pm daily. The draft Parks By-law proposes operating hours of 7 am to 9 pm daily (year round) with no organized sporting event to commence operation prior to 8 am. Exemptions to the 9 pm curfew would apply where a Permit has been issued by the Municipality, and in these examples, the Permit would establish the closing hour.
Committee at the May 2018 asked Staff to provide further commentary or analysis into the Park hours and specifically its context on the availability of natural light. In response to this request, Staff offer the following for Committee’s consideration:
i) In lieu of specifying hours of operation, a reference could be made to permissive uses can occur in a Park between dawn and dusk, or sunrise and sunset. This option is discounted as “dawn” / “dusk” and “sunrise” / “sunset” are vague and largely subjective terms used by individuals. While there is a daily mathematical calculation to determine the actual time when these events occur, this information is not readily and uniformly known to people. As such, enforcement could be challenged because it lacks understanding and precision;
ii) Permissive operating hours could be staggered, such as:
7 am to 6 pm October 1st to April 30th 7 am to 9 pm May 1st to September 30th
The staggered hours would generally be coincident with available daylight hours. The appropriate signage would have to be visibly displayed at prominent location(s) in the Park for the purposes of enforcement.
Generally the Township has not encountered too many difficulties with Park usage “after hours” during the Fall / Winter time period. Most of the difficulties have been experienced in the Spring / Summer time period. The objective was to curb Park usage after 9 pm and any use thereafter would then be discouraged, other than when it is an established use through a Permit (ie: Schmidt Park ball diamonds, Cowan Park soccer field, etc)
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Protective Services C o m m i t t e e CAO Report No. 36- 2 0 1 8 A u g u s t 1 3 th, 2 0 1 8
The second matter that Staff wishes to comment upon is Paragraph 39 in the draft Parks By-law. This Paragraph states that no person shall be in a Park after the closing hour or before the opening hour, except when they are passing through a Park on an established road way or walkway as a means of getting from one place to another beyond the boundaries of the Park. Committee at the May 2018 Meeting were concerned that it may be difficult to enforce this provision as anyone could claim that they could be passing through the Park vs. loitering.
At anytime when a Police Officer or Municipal Law Enforcement Officer advance forward with issuance of ticket or a warning, they need to witness and assess the alleged event. In the case of enforcing Paragraph 39 the Officer would have to satisfy themselves by monitoring the activity and determining whether the individual(s) were actually walking from point a to point b through the Park versus loitering. On challenge to the issuance of a levied charge, the Officer would have to provide evidence in support of the charge and demonstrate to the satisfaction of the Court of the events that occurred.
It is also proposed that the Township petition the Courts to allow elements of the draft Parks By-law to be enforced under Part I of the Provincial Offences Act. Under Part I any authorized individual can issue a ticket for the offense with a set fine (similar to a Parking Ticket). Township Staff have prepared what is referred to as the “Short Form wording” under Part I for submission to the regional judge. The Schedule identifies the offences and the corresponding amount of the fine. The Courts approve the Short Form wording and then the authorized Official can issue tickets. As presently drafted the authorized Official can lay charges under Part III of the Provincial Offences Act.
4. FINANCIAL IMPLICATIONS
It is estimated that there will be an expenditure of $3,200 to $3,700 to update the various signs in the Township Parks to identify Park opening / closing hours, and, specific regulations associated with matters such: as poop n scope; Motor Vehicle restricted areas, etc At this time it is not proposed to change out the Park Signs but rather to add a sign board under the Park Name with the relevant information.
5. ATTACHMENTS
1. Draft Parks By-law
PROTECTIVE SERVICES COMMITTEE PW Report No 15-2018 August 13th, 2018
PROPOSED SAFETY ENHANCEMENTS IN THE THREE (3) SCHOOL ZONES IN THE VILLAGE OF AYR, AND “NO STOPPING / NO PARKING” ADJUSTMENTS FOR HILLTOP DRIVE AND BROOM STREET.
RECOMMENDATION The Director of Community Services recommends:
1. THAT PW Report No. 15-2018 be received;
2. AND THAT Staff be directed to prepare a By-law to further Amend the Traffic & Parking By-law No. 2559-13 by incorporating the following new restrictions:
i) “No Parking / No Stopping” provisions, on Broom Street, from the intersection of Northumberland Street to 32 Broom Street, both sides of the road; and,
ii) “No Parking / No Stopping provisions, on Hilltop Drive, from 65 Hilltop to 24 Hilltop Drive, both sides of the road, and,
iii) The No Parking / No Stopping provisions affecting both Hilltop Drive and Broom Street as defined above would apply during the following hours.
8:00 am to 5:00 pm, Monday to Friday for the period extending from September to June.
3. AND THAT Staff be directed to extend the posted 40 km/h speed limit zone on Broom Street from the present location of the most westerly driveway of St. Brigid School further west to #34 Broom Street.
4. AND THAT Staff be directed to extend the posted 40 km/h speed limit zone on Hilltop Drive from the present location at 34 Hilltop further to the north to 24 Hilltop Drive.
5. AND THAT the By-law to Amend the Traffic & Parking By-law be presented for Council’s consideration as part of the August 13th, 2018 Agenda.
6. AND THAT STAFF be directed to investigate the necessary procedures and restrictions required in accordance with the Provincial Highway Traffic Act to formally designate the three (3) school zones located in the village of Ayr
as “Community Safety Zones “for consideration at the September 10th, 2018 meeting of Committee of The Whole.
1. PURPOSE
The purpose of this Report is to present for Council’s consideration new restrictions on the ability to park or stop vehicles within the travelled portion of Broom Street and Hilltop Drive in the vicinity of St. Brigid Elementary School and Cedar Creek Elementary School during the school operating hours for the September to June time period, and, to extend the limits of the posted 40km/h speed zone affecting both locations.
And that Staff investigate the necessary procedures and restrictions required in accordance with the provincial Highway Traffic Act to formally designate the three (3) school zones located in the village of Ayr as ‘Community Safety Zones”.
2. BACKGROUND
Staff have been monitoring vehicular activity in and around the three (3) school zones for the past few school years.
Staff have identified areas of enhanced safety measures that can be applied in the area of the three (3) school zone that Staff believe will have a positive effect to the continued traffic issues within the school zones. The overall objective is to enhance pedestrian / cycling movement adjacent to schools, and, to improve overall safety and public awareness around the three schools.
3. OPTIONS AND ANALYSIS
Additional “SLOW” pavement markings have already been added along Hilltop Drive in the Cedar Creek School area. New “SLOW’ markings will be placed on Broom Street in the St. Brigid School area. Also, an additional “SLOW” marking will be placed on Hall street in the Ayr Public School area.
Extending the posted 40 km/h zone on Hilltop Drive and Broom Street in the school zones. Expanding the limited time “No Parking No Stopping” zones on Hilltop Drive and Broom Street within the school zone.
The placement of traffic calming pylons in strategic locations on Hilltop Drive and Broom Street.
Staff have already started to re-paint existing line and pavement markings on the travelled portion of the roadway in the form of Stop Bars, Cross Walks, and “SLOW” on the roadway in the three (3) school zone locations.
Staff will be installing additional “School Zone” signs on Hall St., Broom St., Willison Street and Douglas Dr. that are intended to increase the awareness of the approaching school zones.
Staff are suggesting that the adjustments of the traffic restrictions recommended in the form of “NO STOPPING / NO PARKING” will allow for better line of sight for motorists and pedestrians / cyclists and extending the 40 km/h speed limit within the school zones which will result in safer travel in the school zone locations. These improvements are applicable to Broom Street and Hilltop Drive only, as Hall Street is already posted at 40km/h with No parking in place.
Staff are also suggesting the placement of a Traffic calming pylons (see attachment 4) be placed on Hilltop Drive and Broom Street respectively from approx. April 1st to November 1st. The placement of the Traffic Calming Pylons will provide additional awareness to drivers that they are approaching a School Zone. The pylons are removed during the winter season to accommodate snow plowing operations.
Staff feel with the possibility of formally designating the three (3) school zones as “Community Safety Zones” will further deter the speeding that has been continually reported as a safety concern in these areas, as it allows Police to double the allotted fines for a traffic violation within the boundaries of the “Community Safety Zone”.
Staff based upon the experience of Cedar Creek Public School on Hilltop Drive, and what has been witnessed in and around St. Brigid on Broom street, both before and subsequent to the opening of the new school facility, believe that the establishment of new regulatory controls on both Broom Street and Hilltop Drive in the vicinity of the school property are warranted.
To address and respond to the concerns of visibility along the Hilltop Drive and Broom Street School area. Staff are recommending to Council to consider these changes to the traffic restrictions that have already been implemented in these areas.
The recommended “No Parking / No Stopping” restrictions are framed as follows:
i) “No Parking / No Stopping” provisions, on Broom Street, from the intersection of Northumberland Street to 32 Broom Street, both sides of the road; and,
ii) “No Parking / No Stopping provisions, on Hilltop Drive, from 65 Hilltop Drive to 24 Hilltop Drive, both sides of the road, and,
iii) The “No Parking / No Stopping” provisions affecting both Hilltop Drive and Broom Street as defined above would apply during the following hours: 8:00 am to 5:00 pm, Monday to Friday for the period extending from September to June Attachment No. 1,2 & 3 to this Report conceptually identifies the area affected by the “No Parking / No Stopping” restrictions as summarized in the preceding paragraph. As well as locations for the recommended School Zone signage and pavement markings.
If the Committee adopts the Staff Recommendation, the formal By-law to amend the Traffic and Parking By-law will be presented to Council as part of the August 13th, 2018 Council Meeting.
Attachment #1 St. Brigid School – Broom Street
Attachment #2 Ayr Public School – Hall Street
LEGEND School – Slow – School Zone Signs –
Attachment #3 Cedar Creek School – Hilltop Drive
Attachment #4
Traffic Calming Pylons
THE CORPORATION OF THE TOWNSHIP OF NORTH DUMFRIES BY-LAW NUMBER 2984–18
BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF COMMITTEE OF THE WHOLE OF THE CORPORATION OF THE TOWNSHIP OF NORTH DUMFRIES AT THIS MEETING HELD ON THE 13th DAY OF AUGUST, 2018.
AUTHORITY: Municipal Act, 2001, S.O. 2001, c. 25, as amended, Sections 5(3) and 130.
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, as amended, Section 5(3), provides that the jurisdiction of every council is confined to the municipality that it represents and its powers shall be exercised by by-law.
WHEREAS Subsection 9 of the Municipal Act, 2001 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, as amended, Section 130 provides that every council may pass such by-laws and make such regulations for the health, safety and well-being of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF NORTH DUMFRIES ENACTS AS FOLLOWS:
1. That the action of the Council at its Committee of the Whole Meeting held on August 13, 2018 in respect to each report, motion, resolution or other action passed and taken by the Council at its meeting, is hereby adopted, ratified and confirmed, as if each resolution or other action was adopted, ratified and confirmed by separate by-law.
2. That the Mayor and the proper officers of the Township are hereby authorized and directed to do all things necessary to give effect to the said action, or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby directed to execute all documents necessary in that behalf and to affix the corporate seal of the Township to all such documents.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 13th DAY OF AUGUST, 2018.
Susan Foxton, Mayor
Ashley Sage, Clerk