DISTRICT OF LILLOOET
AGENDA
A Regular Meeting of the Council of the District of Lillooet to be held in the Municipal Hall at 615 Main Street, on Monday, February 16, 2009, at 7:00 p.m. 1. Call to Order 2. Adoption of Agenda (additions and/or deletions) 3. Delegations and Presentations (a) Mickey Macri, Director, SLRD Area B, re: Joint Services
4. Adoption of Minutes (a) Minutes of the regular meeting of Council held on February 2, 2009, for adoption
5. Business Arising from the Minutes 6. Correspondence from the following: (a) Palmira Tarrao with respect to garbage pickup
(b) the Honourable Wally Oppal, Attorney General and Minister Responsible for Multiculturalism, and the Honourable Michael de Jong, Minister of Aboriginal Relations and Reconciliation, with respect to the new educational resource on 'Diverse Communities: History and Milestones of the Aboriginal Peoples of British Columbia'
(c) Health Link BC with respect to the new phone line 8-1-1 for non-emergency health issues
(d) MLA Harry Lali as a follow-up to his recent meeting with Council
(e) Scott Hudson with respect to the District no longer providing commercial garbage pickup
(f) Heather Philpott, Chair - 2009 Ashcroft Rodeo Parade, with respect to the Ashcroft Rodeo Parade being held on June 20, 2009
(g) UBCM Presidents Committee with respect to an Opportunity to Advance Civics in School Curriculum
(h) Windjammer Investments Ltd. with respect to the lack of drainage to the Old Mill Plaza Shopping Centre
(i) Dolly Hall with concerns on various issues
Page 1 of 73 District of Lillooet February 16, 2009 Agenda Listing Page 2 6. Correspondence from the following: (j) Lillooet Ratepayers with respect to their article 'Truth is simply the truth'
(k) Lloyd Stock with respect to Exemption from Floodplain Bylaw [Addenda]
7. Council Reports (a) Mayor & Council (b) Committees of Council 8. Staff Reports (a) Grant Loyer, Chief Administrative Officer (i) Report on Staff Briefing to Council held on February 9, 2009
(ii) REC Centre and Museum Building Review Proposal
(b) Kathy Young, Director of Finance (i) Electronic Signing of Municipal Cheques
(ii) Tangible Capital Assets
(c) Arden Bolton, Director of Public Works (d) Jerry Sucharyna, Economic Development Officer 9. Bylaws and Resolutions (a) 'Revenue Anticipation Borrowing Bylaw 2009, No. 321' for adoption
(b) 'Official Community Plan Bylaw 2008, No. 320' for amendment and second and third readings
10. Any Other Business 11. Notice of Motion 12. Media/Public Question Period 13. Adjournment
Page 2 of 73 Page 1754
Minutes of a Regular Meeting of the Council of the District of Lillooet, held in the Municipal Hall at 615 Main Street, on Monday, February 2, 2009, at 7:00 p.m.
Present Mayor Dennis Bontron Councillor Kevin Anderson Councillor Carmen Pallot Councillor Pat St. Dennis Chief Administrative Officer, Grant Loyer Director of Finance, Kathy Young Director of Public Works, Arden Bolton Economic Development Officer, Jerry Sucharyna Deputy Clerk, Elaine Brew
Call to Order Mayor Bontron called the regular meeting to order at 7:05 p.m.
Adoption of Agenda
039/2009 Moved by Councillor Anderson, seconded by Councillor St. Dennis, “That the agenda be amended by adding the following items: 3(b) Delegation – Dolly Hall 8(a)(vi) Grant Application – Infrastructure Planning Grant 8(a)(vii) Grant Application – Invest Canada-Community Initiative 13. Motion to go In-Camera and further that the agenda be adopted as so amended.” CARRIED 4/4
Delegation – U.W. Grossler re: speed limit on Highway 99 North
040/2009 Moved by Councillor St. Dennis, seconded by Councillor Anderson, "That Council provide a letter of support with respect to the initiative by Mr. Uli Grossler to request the Provincial Government to increase the speed limit on Highway 99 North to 90 kmh, with reduced speed being posted where required for safety." CARRIED 4/4
Delegation: Dolly Hall re: Garbage Collection
Ms. Dolly Hall expressed concern that she has not yet received a response from Mayor Bontron regarding Garbage Collection fees for seniors.
Mayor Bontron advised that the issue is still being investigated.
Adoption of Minutes
041/2008 Moved by Councillor St. Dennis, seconded by Councillor Pallot, "That the minutes of the Regular Council Meeting held on January 19, 2009, be amended in Council Report by replacing Councillor Anderson's report with the following:
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District of Lillooet Council – February 2, 2009 Page 1755
Adoption of Minutes (continued)
'Councillor Anderson reported on the following issues: · NDI Regional Advisory Committee Meeting · Public Hearing on Official Community Plan · Special Council Meeting · Community Development Trust Workshop sponsored by Ministry of Labour · Lunch with Harry Lali · Planning Meetings with Council and staff · Chamber of Commerce' and further that the minutes be adopted as so amended." CARRIED 4/4
Correspondence
UBCM Member Release re Accelerated Infrastructure Funding 042/2008 Moved by Councillor Anderson, seconded by Councillor St. Dennis, "That the UBCM Member Release with respect to Accelerated Infrastructure Funding, be received." CARRIED 4/4
UBCM re the 2009 Federal Budget 043/2008 Moved by Councillor St. Dennis, seconded by Councillor Anderson, "That correspondence from UBCM with respect to the 2009 Federal Budget be received." CARRIED 4/4
SILGA re nominations for the 2009-2001 SILGA Executive 044/2008 Moved by Councillor St. Dennis, seconded by Councillor Anderson, "That correspondence from SILGA with respect to nominations for the 2009- 2010 SILGA Executive be received." CARRIED 4/4
SILGA re Resolutions for the 2009 SILGA Convention 045/2008 Moved by Councillor Anderson, seconded by Councillor Pallot, "That correspondence from SILGA with respect to Resolutions for the 2009 SILGA Convention be received." CARRIED 4/4
Symposium on Health Care Recruitment 046/2008 Moved by Councillor Anderson, seconded by Councillor Pallot, "That Councillor St. Dennis be authorized to attend 'The Heart o f the Matter: Common Solutions to Rural Doctor and Health Professional Recruitment Symposium' being held March 26, 27 and 29, 2009, in Clearwater, BC." CARRIED 4/4
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Correspondence (continued)
Hon, Gary Lunn re 2010 Olympic Torch Relay 047/2008 Moved by Councillor Anderson, seconded by Councillor St. Dennis, "That correspondence from the Honourable Gary Lunn, PC, MP, with respect to the 2010 Olympic Torch Relay, be received." CARRIED 4/4
Chamber of Commerce re Public Washrooms 048/2008 Moved by Councillor St. Dennis, seconded by Councillor Pallot, "That a staff person be available to attend the next Chamber of Commerce meeting and that the issue of public washrooms be included on the agenda for the upcoming Town Hall Meeting." CARRIED 4/4
Council Reports
Mayor Bontron reported on the following: Upcoming Meeting with the Ratepayers Association 2010 Hockey Tournament SLRD Meeting Meeting with T'it'q'et Meeting with Harry Lali
Councillor Pallot reported on the following: Books for Babies Welcoming Ceremony
Councillor Anderson reported on the following: Local Government Leadership Academy Meeting with T'it'q'et Meeting with Harry Lali
Councillor St. Dennis reported on the following: Camelsfoot Radio and TV Society Meeting with T'it'q'et Community Resources Society meeting Meeting with Harry Lali
Staff Reports
Solid Waste Council Select Citizens Advisory Committee 049/2009 Moved by Councillor Anderson, seconded by Councillor Pallot, "That Council approve the terms of reference and the following be appointed as members of the Solid Waste Council Select Citizens Advisory Committee: Kevin Taylor, Chair Gail Madrigga Trevor Chandler Gina Doyle" CARRIED 4/4 Page 5 of 73 Minutes of the regular meeting of Council held on February 2...
District of Lillooet Council – February 2, 2009 Page 1757
Staff Reports (continued)
Bear Aware / Bear Smart Programs 050/2009 Moved by Councillor St. Dennis, seconded by Councillor Pallot, "That Council support and participate in the Bear Aware and Bear Smart Programs; that Council support applications to the programs; and further, that the District of Lillooet budget $10,000 in 2009 to support the programs in Lillooet and consider further funding in 2010 and 2011." CARRIED 4/4
Council Strategic Plan 2009-2014 051/2009 Moved by Councillor Anderson, seconded by Councillor St. Dennis, "That Council review the draft Corporate Strategic Plan to ensure that it complies with the direction given from previous workshops and further, that the plan be brought forward for adoption by resolution at the next regular Council meeting." CARRIED 4/4
Town Hall Meeting Date 052/2009 Moved by Councillor St. Dennis, seconded by Councillor Anderson, "That a Town Hall Meeting be held at 7:00 pm on February 23, 2009, at the REC Centre." CARRIED 4/4
Lloyd Stock Development - 6005 Highway 12 053/2009 Moved by Councillor Anderson, seconded by Councillor Pallot, "That the Report in response to Lloyd Stock's concerns with the process for his Development at 6005 Highway 12, be received." CARRIED 4/4
Grant Application – Infrastructure Planning Grant 054/2009 Moved by Councillor St. Dennis, seconded by Councillor Pallot, “That Council amend the previous resolution approving a grant application under the Infrastructure Planning Grant Program to state that Council approves an application under the Infrastructure Planning Grant Program titled Municipal Wastewater Treatment – Solids Handling System, Assessment and Upgrading Study in the amount of $13,500.00.” CARRIED 4/4
Grant Application – Invest Canada-Community Initiative 055/2009 Moved by Councillor St. Dennis, seconded by Councillor Pallot, “That Council amend the previous resolution approving a grant application under the Community Investment Support Program to state that Council approves an application, under the Invest Canada-Community Initiatives (ICCI) Program, in the amount of $71,000.00; and further that the project be included in the 2009 budget.” CARRIED 4/4
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Staff Reports (continued)
Revenue Anticipation Borrowing Bylaw No. 321 056/2009 Moved by Councillor St. Dennis, seconded by Councillor Pallot, “That Revenue Anticipation Borrowing Bylaw 2009, No. 321’ be given introduction and three readings.” CARRIED 4/4
Economic Development Officer Monthly Report 057/2009 Moved by Councillor Anderson, seconded by Councillor St. Dennis, “That the Economic Development Officer’s monthly report for January, 2009, be received and filed.” CARRIED 4/4
Media Question Period
Robin Poon, Bridge River Lillooet News was in attendance.
Public Question Period
A number of questions were received from members of the public.
Motion to go to Closed Session
058/2009 Moved by Councillor St. Dennis, seconded by Councillor Pallot, "That, pursuant to Section 90.1 of the Community Charter, Council go to a closed session.” CARRIED 4/4
The regular meeting adjourned at 8:55 p.m.
______Deputy Clerk Mayor
Page 7 of 73 Minutes of the regular meeting of Council held on February 2... Page 8 of 73 Page 9 of 73 Palmira Tarrao with respect to garbage pickup Page 10 of 73 Page 11 of 73 the Honourable Wally Oppal, Attorney General and Minister Re... Page 12 of 73 the Honourable Wally Oppal, Attorney General and Minister Re... Page 13 of 73 Health Link BC with respect to the new phone line 8-1-1 for ... Page 14 of 73 Health Link BC with respect to the new phone line 8-1-1 for ... Page 15 of 73 Health Link BC with respect to the new phone line 8-1-1 for ... Page 16 of 73 Health Link BC with respect to the new phone line 8-1-1 for ... Page 17 of 73 MLA Harry Lali as a follow-up to his recent meeting with Cou... Page 18 of 73 Page 19 of 73 Scott Hudson with respect to the District no longer providin... Page 20 of 73 Page 21 of 73 Heather Philpott, Chair - 2009 Ashcroft Rodeo Parade, with r... Page 22 of 73 Page 23 of 73 UBCM Presidents Committee with respect to an Opportunity to ... Page 24 of 73 UBCM Presidents Committee with respect to an Opportunity to ... Page 25 of 73 UBCM Presidents Committee with respect to an Opportunity to ... Page 26 of 73 Page 27 of 73 Windjammer Investments Ltd. with respect to the lack of drai... Page 28 of 73 Windjammer Investments Ltd. with respect to the lack of drai... Page 29 of 73 Windjammer Investments Ltd. with respect to the lack of drai... Page 30 of 73 Page 31 of 73 Dolly Hall with concerns on various issues Page 32 of 73 Page 33 of 73 Lillooet Ratepayers with respect to their article 'Truth is ... Page 34 of 73 Lillooet Ratepayers with respect to their article 'Truth is ... Page 35 of 73 Lillooet Ratepayers with respect to their article 'Truth is ... Page 36 of 73 Page 37 of 73 Lloyd Stock with respect to Exemption from Floodplain Bylaw Page 38 of 73 DISTRICT OF LILLOOET
STAFF REPORT TO COUNCIL
FROM: CAO
TO: Mayor and Council
DATE: February 12, 2009
SUBJECT: Staff Briefing to Council – February 09, 2009
1. SUMMARY OF ACTIVITIES:
A Staff Briefing to Council was held on February 12, 2009 in the Council Chambers. The following issues were discussed:
a. Solid Waste Collection in Lillooet – Council asked staff questions about the Pilot Project and why traditional areas were split between District staff collection and the Contractor. Staff explained the concept of having equal collection rural and urban areas to get a fair and accurate cost comparison for services. Information was also put forward that the current rates do not fully cover collection. A copy of various reports is attached for information. b. Staff reported on various infrastructure projects and asked for Council input on various infrastructure proposals with the view of bringing projects to a shelf ready state. c. The Town Hall Meeting was confirmed for Feb 23, 2009 at 7:00 PM in the Gymnasium at the REC Centre. d. Council was informed that the Community Forum date was March 11, 2009 at the T’it’q’et Administration Building. e. Minister Meetings in Victoria. Staff and Council discussed the request for meetings with Cabinet Ministers in Victoria in March 2009. Requests will go to the following Ministers: Honourable Kevin Krueger, Minister of Community Development Honourable Pat Bell, Minister of Forests and Range Honourable Kevin Falcon, Minister of Transportation and Infrastructure Honourable Wally Oppal, Attorney General and Minister Responsible for Multiculturalism Honourable John van Dongen, Minister of Public Safety and Solicitor General Honourable Rich Coleman, Minister of Housing and Social Development
1 Page 39 of 73 Report on Staff Briefing to Council held on February 9, 2009 f. Discussion with Council about two study proposals coming from Stantec. The first is a building review and evaluation of the REC Centre with an estimated cost of $35,000.00 plus taxes and the second is a structural review of the Old Wood Bridge with an estimated cost of $22,000.00 plus taxes. g. Discussion about the Rescue Services Society and their lease running out on their current premises at the end of April 2009. h. Research Project – I proposed a research project to discuss the following “How can the District of Lillooet bridge generational differences in local government leadership and create an interest in generation X’s and generation Y’s seeking elected office?” Council was in support. i. The Mayor gave Council and Staff a brief rundown on the discussions taking at the Squamish Lillooet Regional District Board including the governance issue and also proposed that Council bring back the Johnson and Elligot to review Council performance to date.
2. RECOMMENDATION:
I recommend that Council receive the report for information.
G. Loyer, AScT, CMC CAO
2 Page 40 of 73 Report on Staff Briefing to Council held on February 9, 2009 Page 41 of 73 Report on Staff Briefing to Council held on February 9, 2009 Page 42 of 73 Report on Staff Briefing to Council held on February 9, 2009 Page 43 of 73 Report on Staff Briefing to Council held on February 9, 2009 Page 44 of 73 Report on Staff Briefing to Council held on February 9, 2009 Page 45 of 73 Report on Staff Briefing to Council held on February 9, 2009 Page 46 of 73 Report on Staff Briefing to Council held on February 9, 2009 Page 47 of 73 Report on Staff Briefing to Council held on February 9, 2009 Page 48 of 73 Report on Staff Briefing to Council held on February 9, 2009 Page 49 of 73 Report on Staff Briefing to Council held on February 9, 2009 Page 50 of 73 DISTRICT OF LILLOOET
STAFF REPORT TO COUNCIL
FROM: CAO
TO: Mayor and Council
DATE: February 12, 2009
SUBJECT: REC Centre and Museum Building Review Proposal 1. SUMMARY OF ACTIVITIES: The District of Lillooet has requested a proposal from Stantec in Kamloops, BC to conduct an Engineering Building Review on the REC Centre and the Museum. The proposal is attached.
2. RECOMMENDATION:
I recommend that Council approve the proposal from Stantec to conduct a Building Review on the REC Centre and the Museum for the amount of $35,000.00 plus taxes
3. BACKBROUND: The District has been lacking an up to date condition report on the REC Centre and the Museum. Council has previously expressed the view of going to referendum to seek public approval on capital improvements and operations for the REC Centre. Council has also previously expressed a desire to complete improvements on the Museum but have been reluctant to expend funds without accurate information on the building condition. This study will provide information to make informed decisions.
4. ANALYSIS: Stantec proposed to provide a team of professionals specializing in architecture, structural, mechanical and electrical fields to review the condition of each facility. This will provide Council with an estimate of costs to upgrade each facility to today’s standards.
5. BUDGET IMPACT:
6. CAO’S COMMENT: I support the recommendation.
Page 51 of 73 REC Centre and Museum Building Review Proposal
Stantec Architecture Ltd. 300 - 175 - 2nd Avenue Kamloops BC V2C 5W1 Tel: (250) 374-0311 Fax: (250) 828-1196
January 6, 2009 File: 144699000
District of Lillooet 615 Main Street P.O. Box 610 Lillooet, BC V0K 1V0
Attention: Grant Loyer, Chief Administrative Officer
Dear Mr. Loyer:
Reference: Building Condition Assessments
Stantec is pleased to submit our proposal to provide investigation consulting services for the Lillooet REC Centre and Lillooet Museum/Tourist Information Centre Buildings.
Firm Overview:
Stantec offers clients a totally integrated, single source, built environment team on projects of any description. From our offices across North America, we offer our clients expertise in urban design, planning, programming, architecture, interior design, project management, and computer aided facility management. Through member firms we are able to integrate structural, mechanical and electrical engineering services as well as site development and landscape architecture to our clients as a single source.
Relevant Experience:
Stantec has extensive experience in providing investigation consulting services for clients as diverse as the City of Kamloops, Interior Health, BC Housing and Westfield Properties.
Project Team:
For your project we propose a totally integrated, single source, built environment team including:
Architecture Stantec Architecture Ltd., Kamloops, BC Mechanical Engineering Stantec Consulting Ltd., Kamloops, BC Electrical Engineering Stantec Consulting Ltd., Kamloops, BC Structural Engineering Stantec Consulting Ltd, Kelowna, BC
Brian Christianson, MAIBC will lead the project team. Brian is a Principal with Stantec and brings 19 years of experience to this assignment including extensive experience in providing investigation consulting services.
For a list of our licensed architects, please visit www.stantec.com/registeredarchitects
Tony Franceschini P.Eng Alan Hartley ARCHITECT AAA, MAIBC, MRAIC, LEED AP Bruce Raber ARCHITECT AAA, MAIBC, SAA, MAA, OAA, NSAA, MRAIC, LEED AP Stanis Smith ARCHITECT AAA, MAIBC, SAA, MAA, OAA, NSAA, FRAIC, LEED AP Page 52 of 73 REC Centre and Museum Building Review Proposal January 6, 2009 Grant Loyer, Chief Administrative Officer Page 2 of 5
Reference: Building Condition Assessments
Scope of Work:
The subject properties are identified as follows:
Lillooet REC Centre
The facility consists of an indoor pool, an arena, a gymnasium, racquetball court, squash court, weight room, kitchen and meeting rooms and library. Relative to the REC Centre, it is our understanding that the District of Lillooet requires services to complete the following:
1. Review existing documentation for the facility provided by the District of Lillooet. 2. Meet with District staff and the facility User Group to determine current and future facility needs. 3. Conduct a review of the facility to determine condition and life cycle. The review will be based on a walk through visual inspection which is limited to those elements and components of the facility which can be readily accessed without dismantling concealed finishes. The review will include: • Facility fire & life safety issues. • Status of compliance with the current BC Building Code. Including recommendations for repairs and/or upgrades to meet current BC Building Code where applicable. • List of recommendations for repairs or upgrades to maintain the facility in a functional condition. • Condition report of interior and exterior building components. • Building envelope assessment. • Facility energy efficiency assessment. Including brief comment on recommended changes to improve the facilities energy performance. • Inventory and condition report of structural, mechanical, plumbing and electrical systems. 4. Provide an as-built site/plan drawing showing the existing condition and proposed future expansion. 5. Provide recommendations on modifications to the facility. 6. Provide recommendations on future expansion of the facility. 7. Provide order of magnitude costs to bring the facility up to BC Building Code standards. 8. Provide order of magnitude costs on recommended modifications or future expansion of the facility. 9. Provide order of magnitude costs to provide a moveable divider door for the gymnasium. 10. Provide six paper copies and one digitized copy of the report in word format.
Lillooet Museum/Tourist Information Building
The facility is a former church that has been converted into a Museum/ Tourist Information Building. Relative to the Museum/ Tourist Information Building it is our understanding that the District of Lillooet requires services to complete the following:
Page 53 of 73 REC Centre and Museum Building Review Proposal January 6, 2009 Grant Loyer, Chief Administrative Officer Page 3 of 5
Reference: Building Condition Assessments
1. Review existing documentation for the facility provided by the District of Lillooet. 2. Meet with District staff and the facility User Group to determine current and future facility needs. 3. Conduct a review of the facility to determine condition and life cycle. The review will be based on a walk through visual inspection which is limited to those elements and components of the facility which can be readily accessed without dismantling concealed finishes. The review will include: • Facility fire & life safety issues. • Status of compliance with the current BC Building Code. Including recommendations for repairs and/or upgrades to meet current BC Building Code where applicable. • List of recommendations for repairs or upgrades to maintain the facility in a functional condition. • Condition report of interior and exterior building components. • Building envelope assessment. • Building energy efficiency assessment. Including brief comment on recommended changes to improve the facilities energy performance. • Inventory and condition report of structural, mechanical, plumbing and electrical systems. 4. Provide an as-built site/plan drawing showing the existing condition and proposed future expansion. 5. Provide recommendations on modifications to the facility. 6. Provide recommendations on future expansion of the facility. 7. Provide order of magnitude costs to bring the facility up to BC Building Code standards. 8. Provide order of magnitude costs on recommended modifications or future expansion of the facility. 9. Provide six paper copies and one digitized copy of the report in word format.
Fees:
We are prepared to provide the professional services outlined in the Scope of Work on a fixed fee basis as follows:
REC Centre Museum/Tourist Total Information Architecture $15,000.00 $5,000.00 $20,000.00 Structural $3,750.00 $1,250.00 $5,000.00 Mechanical $3,750.00 $1,250.00 $5,000.00 Electrical $3,750.00 $1,250.00 $5,000.00 Total $26,250.00 $8,750.00 $35,000.00
Fees will be billed monthly in accordance with completion of work.
Page 54 of 73 REC Centre and Museum Building Review Proposal January 6, 2009 Grant Loyer, Chief Administrative Officer Page 4 of 5
Reference: Building Condition Assessments
Disbursements and the effect of the Good and Services Tax (GST) are not included in the above noted fixed fee and will be added to our invoices.
To recover local administrative expenses Stantec implements a flat rate disbursement (FRD) recovery of 8% of our professional fee invoiced. The FRD covers Stantec's costs for the following local administrative office expenses:
• Internal incidental printing: including output from printers, prints, photocopies, plots, film, vellum, plastic covers, report covers, spines, dividers, and map pockets • Communications: faxes, office and mobile phones, calling cards, pagers, and other wireless communications • Office expenses: postage, courier, supplies and office equipment expenses • Computer hardware and software, maintenance expenses and supplies, and use of software • Local kilometrage charges incurred by staff in carrying out 'in-town' projects • Provision and maintenance of record archives, both electronic and hardcopy
Direct project expenses NOT included in the Flat Rate Disbursement amount are invoiced to customers in addition to the FRD amount at cost plus 10% markup. Examples of direct project expenses that are not included, but not limited to:
• Other third party disbursements, including land titles costs • Project-specific printing, plotting and production of final reports, drawings, specifications, tender documents and other like items for delivery or use by others external to Stantec including customers and/or their agents, approval agencies, government authorities and others as may be required within the customer agreement, usually supported by separate invoices from external/outsourced printing services • Use of specialized computer software or hardware • Use of specialized field equipment, measuring/monitoring devices • Consumable field supplies • Testing and lab charges, from internal and external/outsourced services • Any other project-related costs not included in the flat rate disbursement scope above
Schedule:
We are able to begin work upon receipt of a signed copy of the Notice to Proceed. We propose to be completed all reports within a four (4) week period.
Page 55 of 73 REC Centre and Museum Building Review Proposal January 6, 2009 Grant Loyer, Chief Administrative Officer Page 5 of 5
Reference: Building Condition Assessments
Terms and Conditions:
Should this Proposal be acceptable, please sign the attached Notice to Proceed and return to our office to allow us to begin work. Stantec will enter into an agreement with the District of Lillooet using the attached Stantec Professional Services Agreement or other mutually acceptable agreement.
Thank-you for the opportunity to provide you with this proposal. We look forward to the opportunity to work with you on this project.
Sincerely,
STANTEC ARCHITECTURE LTD.
Brian Christianson, MAIBC Managing Principal Tel: (250) 374-0311 Fax: (250) 828-1196 [email protected]
Attachment: Notice to Proceed (1 page); Professional Services Agreement (7 pages) y v:\1446\proposal\prop.2009\arch\lillooet\building_condition_assessments\proposal.doc
Page 56 of 73 REC Centre and Museum Building Review Proposal NOTICE TO PROCEED
PROJECT NAME: Building Condition Assessments
PROJECT ADDRESS: Lillooet, BC
STANTEC’S PROJECT NO.: 144699000 “CLIENT” Name: DISTRICT OF LILLOOET
Address: 615 Main Street, PO Box 610, Lillooet, BC V0K 1V0
Phone: (250) 256-4289 Fax: (250) 256-4288
Representative: Grant Loyer “STANTEC” Name: STANTEC ARCHITECTURE LTD.
Address: 300 - 175 - 2 Avenue, Kamloops, BC V2C 5W
Phone: (250) 374-0311 Fax: (250) 828-1196
Representative: Brian Christianson, MAIBC DESCRIPTION OF ASSIGNMENT AND SERVICES (“SERVICES”): Please refer to attached proposal dated January 6, 2009 FEE BASIS (“FEES”): Agreement Amount: $35,000 plus disbursements plus GST. Invoice Basis: Fixed fee invoiced monthly on % completion basis By this NOTICE TO PROCEED effective January 6, 2009 (“EFFECTIVE DATE”), CLIENT authorizes STANTEC to proceed with the SERVICES in accordance with the CONDITIONS shown below. CLIENT agrees to pay STANTEC’s invoices for the FEES upon receipt. CLIENT and STANTEC agree to negotiate and sign a formal contract detailing the scope of work, fees and associated terms and conditions no later than January 30, 2009. If no formal contract is signed by that date, CLIENT and STANTEC may agree in writing to amend this NOTICE TO PROCEED or, at STANTEC’s sole option SERVICES may be terminated. Upon termination of SERVICES and receipt of STANTEC’S invoice, CLIENT agrees to pay STANTEC in full for SERVICES rendered to the date of termination.
DISTRICT OF LILLOOET STANTEC ARCHITECTURE LTD.
Brian Christianson, MAIBC Print Name and Title Print Name and Title
Per: Per:
Print Name and Title Print Name and Title
Per: Per:
CONDITIONS:
1. The total amount of all claims the CLIENT may have against STANTEC shall be strictly limited to the professional fees paid to Stantec for the SERVICES. 2. Fees for Services will be performed at STANTEC’S time basis rates unless noted otherwise above. An eight percent (8%) flat rate disbursement recovery charge will be applied to all fees. 3. Fees paid under this NOTICE TO PROCEED will be applied to the Professional Services Agreement when signed.
Revised 2007-09-24 V:\1446\Proposal\Prop.2009\Arch\Lillooet\building_condition_assessments\NTP.doc Page 57 of 73 REC Centre and Museum Building Review Proposal PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into effective January 6, 2009 (the “Agreement Date”) by and between: “CLIENT” Name: DISTRICT OF LILLOOET
Address: 615 Main Street, PO Box 610, Lillooet, BC V0K 1V0
Phone: (250) 256-4289 Fax: (250) 256-4288
Representative: Grant Loyer “STANTEC” Name: STANTEC ARCHITECTURE LTD.
Address: 300 - 175 - 2 Avenue, Kamloops, BC V2C 5W1
Phone: (250) 374-0311 Fax: (250) 828-1196
Representative: Brian Christianson, MAIBC PROJECT NAME (the “PROJECT”): Building Condition Assessments DESCRIPTION OF WORK: STANTEC shall render the services described in Attachment “A” (hereinafter called the “SERVICES”) in accordance with this AGREEMENT. STANTEC may, at its discretion and at any stage, engage subconsultants to perform all or any part of the SERVICES. The CLIENT and STANTEC by written amendment to this AGREEMENT may from time to time make changes to the SERVICES. All changed work shall be carried out under this AGREEMENT. The time for completion of the SERVICES shall be adjusted accordingly. COMPENSATION: Charges for the SERVICES rendered will be made in accordance with the CONTRACT PRICE indicated in Attachment “A”, or, if no CONTRACT PRICE is indicated, in accordance with STANTEC’s Schedule of Fees and Disbursements in effect from time to time as the SERVICES are rendered. Invoices shall be paid by the CLIENT in the currency of the jurisdiction in which the SERVICES are provided without deduction or setoff upon receipt. Failure to make any payment when due is a material breach of this Agreement and will entitle STANTEC, at its option, to suspend or terminate this Agreement and the provision of the SERVICES. Interest will accrue on accounts overdue by 30 days at the lesser of 1.5 percent per month (18 percent per annum) or the maximum legal rate of interest. REPRESENTATIVES: Each party shall designate in the space provided above a representative who is authorized to act on behalf of that party and receive notices under this AGREEMENT. Such representatives have complete authority to act on behalf of their principals in respect to all matters arising under this AGREEMENT. NOTICES: All notices, consents, and approvals required to be given hereunder shall be in writing and shall be given to the representatives of each party. All notices required by this AGREEMENT to be given by either party shall be deemed to be properly given and received within two (2) business days if made in writing to the other party by certified mail, telegram, email, facsimile or telex, addressed to the regular business address of such party as identified above. CLIENT’S RESPONSIBILITIES: The CLIENT shall provide to STANTEC in writing, the CLIENT's total requirements in connection with the PROJECT, including the PROJECT budget and time constraints. The CLIENT shall make available to STANTEC all relevant information or data pertinent to the PROJECT which is required by STANTEC to perform the SERVICES. STANTEC shall be entitled to rely upon the accuracy and completeness of all information and data furnished by the CLIENT, including information and data originating with other consultants employed by the CLIENT whether such consultants are engaged at the request of STANTEC or otherwise. Where such information or data originates either with the CLIENT or its consultants then STANTEC shall not be responsible to the CLIENT for the consequences of any error or omission contained therein. When required by STANTEC, the CLIENT shall engage specialist consultants directly to perform items of work necessary to enable STANTEC to carry out the SERVICES. Whether arranged by the CLIENT or STANTEC, these services shall be deemed to be provided under direct contracts to the CLIENT unless expressly provided otherwise. The CLIENT shall give prompt consideration to all documentation related to the PROJECT prepared by STANTEC and whenever prompt action is necessary shall inform STANTEC of CLIENT’s decisions in such reasonable time so as not to delay the schedule for providing the SERVICES. When applicable, the CLIENT shall arrange and make provision for STANTEC's entry to the PROJECT site as well as other public and private property as necessary for STANTEC to perform the SERVICES. The CLIENT shall obtain any required approvals, licenses and permits from governmental or other authorities having jurisdiction over the PROJECT so as not to delay STANTEC in the performance of the SERVICES. STANTEC’S RESPONSIBILITIES: STANTEC shall furnish the necessary qualified personnel to provide the SERVICES. STANTEC represents that it has access to the experience and capability necessary to and agrees to perform the SERVICES with the reasonable skill and diligence required by customarily accepted professional practices and procedures normally provided in the
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performance of the SERVICES at the time when and the location in which the SERVICES were performed. This undertaking does not imply or guarantee a perfect PROJECT and in the event of failure or partial failure of the product of the SERVICES, STANTEC will be liable only for its failure to exercise diligence, reasonable care and professional skill. This standard of care is the sole and exclusive standard of care that will be applied to measure STANTEC's performance. There are no other representations or warranties expressed or implied made by STANTEC. In particular, but not by way of limitation, no implied warranty of merchantability or fitness for a particular purpose shall apply to the SERVICES provided by STANTEC nor shall STANTEC warrant or guarantee economic, market or financial conditions, proforma projections, schedules for public agency approvals, or other factors beyond STANTEC’s reasonable control. STANTEC does not warrant the SERVICES to any third party and the CLIENT shall indemnify and hold harmless STANTEC from any demands, claims, suits or actions of third parties arising out of STANTEC’s performance of the SERVICES. In performing the SERVICES under this AGREEMENT, STANTEC shall operate as and have the status of an independent contractor and shall not act as, or be an employee of the CLIENT. The SERVICES performed by STANTEC shall be subject to the inspection and the review of the CLIENT at all times but such inspection and review shall not relieve STANTEC from its responsibility for the proper performance of the SERVICES. TERMINATION: Either party may terminate this AGREEMENT without cause upon thirty (30) days’ notice in writing. If either party breaches this AGREEMENT, the non-defaulting party may terminate this AGREEMENT after giving seven (7) days’ notice to remedy the breach. On termination of this AGREEMENT, the CLIENT shall forthwith pay STANTEC for the SERVICES performed to the date of termination. Non-payment by the CLIENT of STANTEC’s invoices within 30 days of STANTEC rendering same is agreed to constitute a material breach of this AGREEMENT and, upon written notice as prescribed above, the duties, obligations and responsibilities of STANTEC are terminated. SUSPENSION OF SERVICES: If the project is suspended for more than thirty (30) calendar days in the aggregate, STANTEC shall be compensated for services performed and charges incurred prior to receipt of notice to suspend and, upon resumption, an equitable adjustment in fees to accommodate the resulting demobilization and remobilization costs. In addition, there shall be an equitable adjustment in the project schedule based on the delay caused by the suspension. If the PROJECT is suspended for more than ninety (90) days, STANTEC may, at its option, terminate this agreement upon giving notice in writing to the CLIENT. ENVIRONMENTAL: Except as specifically described in this AGREEMENT, STANTEC’s field investigation, laboratory testing and engineering recommendations will not address or evaluate pollution of soil or pollution of groundwater. Where the services include storm water pollution prevention (SWPP), sedimentation or erosion control plans, specifications, procedures or related construction observation or administrative field functions, CLIENT acknowledges that such SERVICES proposed or performed by STANTEC are not guaranteed to provide complete SWPP, sedimentation or erosion control, capture all run off or siltation, that any physical works are to be constructed and maintained by the CLIENT’s contractor or others and that STANTEC has no control over the ultimate effectiveness of any such works or procedures. Except to the extent that there were errors or omissions in the SERVICES provided by STANTEC, CLIENT agrees to indemnify and hold STANTEC harmless from and against all claims, costs, liabilities or damages whatsoever arising from any storm water pollution, erosion, sedimentation, or discharge of silt or other deleterious substances into any waterway, wetland or woodland and any resulting charges, fines, legal action, cleanup or related costs. BUILDING CODES, BYLAWS AND OTHER PUBLIC REGULATIONS: STANTEC shall, to the best of its ability, interpret building codes, by-laws and other public regulations as they apply to the PROJECT and as they are published at the time SERVICES commence. Furthermore, STANTEC shall observe and comply with all applicable laws, ordinances, codes and regulations of government agencies, including federal, state, provincial, municipal and local governing bodies having jurisdiction over the conduct of the SERVICES (“LAWS”). However, it is expressly acknowledged and agreed by the CLIENT that as the PROJECT progresses such building codes, by-laws, other public regulations and LAWS may change or the interpretation of any public authority may differ from the interpretation of STANTEC, through no fault of STANTEC, and any extra costs necessary to conform to such changes or interpretations during or after execution of the SERVICES will be paid by the CLIENT. STANTEC shall continue to provide equal employment opportunity to all qualified persons and to recruit, hire, train, promote and compensate persons in all jobs without regard to race, color, religion, sex, age, disability or national original or any other basis prohibited by applicable laws. COST AND SCHEDULE OF CONSTRUCTION WORK: In providing opinions of probable cost and project schedule, it is recognized that neither the CLIENT nor STANTEC has control over the costs of labor, equipment or materials, or over the Contractor’s methods of determining prices or time. The opinions of probable cost or project duration are based on STANTEC’s reasonable professional judgment and experience and do not constitute a warranty, express or implied, that the Contractors’ bids, project schedules, or the negotiated price of the Work or schedule will not vary from the CLIENT’s budget or schedule or from any opinion of probable cost or project schedule prepared by STANTEC. Exact costs and times will be determined only when bids have been received for the PROJECT and when the construction work has been performed and payments finalized. ADMINISTRATION OF CONSTRUCTION CONTRACTS: When applicable, STANTEC shall provide field services during the construction of the PROJECT only to the extent that such SERVICES are included and defined in this AGREEMENT. The performance of the construction contract is not STANTEC's responsibility nor are STANTEC’s field services rendered for the construction contractor's benefit. It is understood and agreed by the CLIENT and STANTEC that only work which has been seen during an examination by STANTEC can be said to have been appraised and comments on the balance of any construction work are assumptions only.
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When field services are provided by STANTEC, the authority for general administration of the PROJECT shall reside with STANTEC only to the extent defined in this AGREEMENT. In such case, STANTEC shall coordinate the activities of other consultants employed by the CLIENT, only to the extent that STANTEC is empowered to do so by such other consultants’ contracts with the CLIENT. STANTEC shall not be responsible for any contractor’s failure to carry out the work in accordance with the contract documents nor for the acts or omissions of any contractor, subcontractor, any of their agents or employees, or any other persons performing any of the work in connection with the PROJECT. When field services are provided, no acceptance by STANTEC of the work or services of a construction contractor or other consultants, whether express or implied, shall relieve such construction contractor or other consultants from their responsibilities to the CLIENT for the proper performance of such work or services and further, STANTEC shall not be responsible to the CLIENT or to the construction contractor or to the other consultants for the means, methods, techniques, sequences, procedures and use of equipment of any nature whatsoever, whether reviewed by STANTEC or not, which are employed by the construction contractor or the other consultants in executing, designing, or administering any phases of the PROJECT, or for placing into operation any plant or equipment or for safety precautions and programs incidental thereto. When field services are provided, STANTEC will not be designated as the party responsible for the compliance by others on the construction work site with the purposes or requirements of applicable environmental, occupational health and safety, or similar legislation. The CLIENT shall designate a responsible party, other than STANTEC, for the coordination and performance of environmental, occupational health and safety activities on the construction work site as required by applicable legislation and associated regulations. Neither the professional activities of STANTEC, nor the presence of STANTEC or its employees and subconsultants at a construction site, shall relieve the CLIENT, Contractors or any other entity of their obligations, duties and responsibilities with respect to jobsite safety. Subject only to applicable legislation, STANTEC has no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any environmental, health or safety activities or precautions. JOBSITE SAFETY: Neither the professional activities of STANTEC, nor the presence of STANTEC or its employees and subconsultants at a construction site, shall relieve the CLIENT and any other entity of their obligations, duties and responsibilities with respect to job site safety. Subject only to applicable legislation, STANTEC and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. LIMITATION OF LIABILITY: The CLIENT releases STANTEC from any liability and agrees to defend, indemnify and hold STANTEC harmless from any and all claims, damages, losses, and/or expenses, direct and indirect, or consequential damages, including but not limited to attorney’s fees and charges and court and arbitration costs, arising out of, or claimed to arise out of, the performance of the SERVICES, excepting liability arising from the negligence or willful misconduct of STANTEC. It is further agreed that the total amount of all claims the CLIENT may have against STANTEC under this AGREEMENT or arising from the performance or non-performance of the SERVICES under any theory of law, including but not limited to claims for negligence, negligent misrepresentation and breach of contract, shall be strictly limited to the lesser of the fees paid to STANTEC for the SERVICES or $500,000. No claim may be brought against STANTEC in contract or tort more than two (2) years after the cause of action arose. As the CLIENT’s sole and exclusive remedy under this AGREEMENT any claim, demand or suit shall be directed and/or asserted only against STANTEC and not against any of STANTEC’s employees, officers or directors. STANTEC's liability with respect to any claims arising out of this AGREEMENT shall be absolutely limited to direct damages arising out of the SERVICES and STANTEC shall bear no liability whatsoever for any consequential loss, injury or damage incurred by the CLIENT, including but not limited to claims for loss of use, loss of profits and loss of markets. INDEMNITY FOR MOLD CLAIMS: It is understood by the parties that existing or constructed buildings may contain mold substances that can present health hazards and result in bodily injury, property damage and/or necessary remedial measures. If, during performance of the SERVICES, STANTEC knowingly encounters any such substances, STANTEC shall notify the CLIENT and, without liability for consequential or any other damages, suspend performance of services until the CLIENT retains a qualified specialist to abate and/or remove the mold substances. The CLIENT agrees to release and waive all claims, including consequential damages, against STANTEC, its subconsultants and their officers, directors and employees arising from or in any way connected with the existence of mold on or about the project site whether during or after completion of the SERVICES. The CLIENT further agrees to indemnify and hold STANTEC harmless from and against all claims, costs, liabilities and damages, including reasonable attorneys’ fees and costs, arising in any way from the existence of mold on the project site whether during or after completion of the SERVICES, except for those claims, liabilities, costs or damages caused by the sole gross negligence and/or knowing or willful misconduct of STANTEC. STANTEC and the CLIENT waive all rights against each other for mold damages to the extent that such damages sustained by either party are covered by insurance. DOCUMENTS: All documents prepared by STANTEC or on behalf of STANTEC in connection with the PROJECT are instruments of service for the execution of the PROJECT. STANTEC retains the property and copyright in these documents, whether the PROJECT is executed or not. Payment to STANTEC of the compensation prescribed in this AGREEMENT shall be a condition precedent to the CLIENT's right to use documentation prepared by STANTEC. These documents may not be used for any other purpose without the prior written agreement of STANTEC. The CLIENT shall have a permanent non-exclusive, royalty-free license to use any concept, product or process which is patentable or capable of trademark, produced by or resulting from the SERVICES rendered by STANTEC in connection with the PROJECT, for the life of the PROJECT. The CLIENT shall not use, infringe upon or appropriate such concepts, products or processes without the express written agreement of STANTEC. In the event STANTEC’s documents are subsequently reused or modified in any material respect without the prior consent of STANTEC, the CLIENT agrees to indemnify STANTEC from any claims advanced on account of said reuse or modification.
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STANTEC cannot guarantee the authenticity, integrity or completeness of data files supplied in electronic format (“Electronic Files”). CLIENT shall release, indemnify and hold STANTEC, its officers, employees, consultants and agents harmless from any claims or damages arising from the use of Electronic Files. Electronic files will not contain stamps or seals, remain the property of STANTEC, are not to be used for any purpose other than that for which they were transmitted, and are not to be retransmitted to a third party without STANTEC’s written consent. FORCE MAJEURE: Any default in the performance of this AGREEMENT caused by any of the following events and without fault or negligence on the part of the defaulting party shall not constitute a breach of contract: labor strikes, riots, war, acts of governmental authorities, unusually severe weather conditions or other natural catastrophe, or any other cause beyond the reasonable control or contemplation of either party. GOVERNING LAW: This AGREEMENT shall be governed, construed and enforced in accordance with the laws of the jurisdiction in which the majority of the SERVICES are performed. DISPUTE RESOLUTION: If requested in writing by either the CLIENT or STANTEC, the CLIENT and STANTEC shall attempt to resolve any dispute between them arising out of or in connection with this AGREEMENT by entering into structured non-binding negotiations with the assistance of a mediator on a without prejudice basis. The mediator shall be appointed by agreement of the parties. If a dispute cannot be settled within a period of thirty (30) calendar days with the mediator, if mutually agreed, the dispute shall be referred to arbitration pursuant to laws of the jurisdiction in which the majority of the SERVICES are performed or elsewhere by mutual agreement. ATTORNEYS FEES: In the event of a dispute hereunder, the prevailing party is entitled to recover from the other party all costs incurred by the prevailing party in enforcing this AGREEMENT and prosecuting the dispute, including reasonable attorney’s and expert’s fees, whether incurred through formal legal proceedings or otherwise. ASSIGNMENT AND SUCCESSORS: Neither the CLIENT nor STANTEC shall, without the prior written consent of the other party, assign the benefit or in any way transfer the obligations of this AGREEMENT or any part hereof. This AGREEMENT shall enure to the benefit of and be binding upon the parties hereto, and except as otherwise provided herein, upon their executors, administrators, successors, and assigns. PROTECTION OF PRIVACY LAWS: STANTEC will comply with its statutory obligations respecting the collection, use, disclosure, access to, correction, protection, accuracy, retention and disposition of personal information that may be collected or created under this AGREEMENT. STANTEC will refer any request for access to or correction of personal information that is made under statute to the CLIENT and will comply with any directions from the CLIENT respecting the access request, or respecting correction and annotation of personal information. STANTEC will, at reasonable times and on reasonable notice, allow the CLIENT to enter its premises and inspect any personal information of the CLIENT’s that is in the custody of STANTEC or any of STANTEC’s policies or practices relevant to the management of personal information subject to this AGREEMENT. ENTIRE AGREEMENT: This AGREEMENT constitutes the sole and entire agreement between the CLIENT and STANTEC relating to the PROJECT and supersedes all prior agreements between them, whether written or oral respecting the subject matter hereof and no other terms, conditions or warranties, whether express or implied, shall form a part hereof. This AGREEMENT may be amended only by written instrument signed by both the CLIENT and STANTEC. All attachments referred to in this AGREEMENT are incorporated herein by this reference; however, in the event of any conflict between attachments and the terms and conditions of this AGREEMENT, the terms and conditions of this AGREEMENT shall take precedence. SEVERABILITY: If any term, condition or covenant of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this AGREEMENT shall be binding on the CLIENT and STANTEC. THE PARTIES EXPRESSLY ACKNOWLEDGE THAT THIS AGREEMENT CONTAINS LIMITATION OF LIABILITY PROVISIONS RESTRICTING RIGHTS FOR THE RECOVERY OF DAMAGES. The Parties, intending to be legally bound, have made, accepted and executed this AGREEMENT as of the Agreement Date noted above: DISTRICT OF LILLOOET STANTEC ARCHITECTURE LTD.
Brian Christianson, MAIBC Print Name and Title Print Name and Title
Per: Per:
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Print Name and Title Print Name and Title
Per: Per:
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Attached to and forming part of the AGREEMENT BETWEEN: DISTRICT OF LILLOOET (hereinafter called the “CLIENT”)
- and -
STANTEC ARCHITECTURE LTD. (hereinafter called “STANTEC”) EFFECTIVE: January 6, 2009 This Attachment details the SERVICES, CONTRACT TIME, CONTRACT PRICE, ADDITIONAL CONDITIONS and ADDITIONAL ATTACHMENTS forming part of the above described AGREEMENT.
SERVICES: STANTEC shall perform the following SERVICES: Please refer to attached proposal dated January 6, 2009
(hereinafter called the “SERVICES”) CONTRACT TIME: Commencement Date: January 2009
Estimated Completion Date: March 2009
CONTRACT PRICE: Subject to the terms below, CLIENT will compensate STANTEC as follows: Fixed fee of $35,000 plus disbursements plus GST. An eight percent (8%) flat rate disbursement (FRD) recovery charge will be applied to the Stantec fees to cover miscellaneous project expenses, internal incidental printing, copying and plots, film, CDs and report materials; communications expenses (e.g., faxes, office and mobile phones, blackberries, pagers, and other devices); office expenses (e.g., postage, couriers, equipment, common software and other supplies); staff local mileage/kilometrage; and archive maintenance. As this is a FRD, no supporting document will be provided with invoices. Project specific charges, such as subconsultants; travel, accommodations and meals; project-specific printing of deliverables; consumables; usage charges for specialized field equipment and company-owned, leased or rented project vehicles; external testing lab charges and other external services charges; specialized computer software costs; and other significant project-specific expenses will be invoiced in addition to labor fees and to the FRD. Where not stated as being included in the fees, project specific subconsultant, contractor and similar third party expenses will be charged as incurred with a ten percent (10%) markup Unless otherwise noted, the fees in this agreement do not include any value added, sales, or other taxes that may be applied by Government on fees for services. Such taxes will be added to all invoices as required. Where the SERVICES or services conditions change, STANTEC shall submit to the CLIENT in a timely manner, documentation of the revisions to Attachment “A” adjusting the Contract Services Time and Price as required. Unless otherwise specified, charges for SERVICES are based on STANTEC’S hourly billing rate table (“Rate Table”), attached hereto. The Rate Table is subject to escalation from time to time. ADDITIONAL The following additional conditions shall be read in conjunction with and constitute part of this CONDITIONS: AGREEMENT: No additional conditions
ADDITIONAL The following additional attachments shall be read in conjunction with and constitute part of this ATTACHMENTS: AGREEMENT:
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INSURANCE Before any services are provided under this agreement, STANTEC shall procure, and maintain in effect REQUIREMENTS: during the term of this agreement, insurance coverage in amounts and on terms not less than set forth below. General Liability: Commercial general liability insurance for personal and bodily injury, including death, and property damage in the amount of $1,000,000 each occurrence and not less than $2,000,000 in the aggregate. Automobile Liability: Automobile liability insurance for bodily injury, including death, and property damage in the amount of $1,000,000 each occurrence. Professional Liability: Professional liability insurance for damages incurred by reason of any negligent act, error or omission committed or alleged to have been committed by STANTEC in the amount of $1,000,000 per claim and in the aggregate. Workers’ Compensation: As prescribed by applicable law. Certificates: Upon request, STANTEC shall provide certificates of insurance evidencing coverage required above. Each certificate shall provide that the coverage therein afforded shall not be cancelled except with thirty (30) days prior written notice to the CLIENT.
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STAFF REPORT TO COUNCIL
SUBJECT: Electronic Signinng of Municipal Cheques
PREPARED BY: Kathy Young, Director of Finance
DATE: February 5, 2009
1. RECOMMENDATION:
TO permit the electronic signing of any accounts payable cheque that is less than $50,000.
Kathy Young, Director of Finance
2. SUMMARY OF ACTIVITY:
We would like to change from manually signing accounts payable cheques to electronic signing of accounts payable cheques.
The process for this would be as follows:
• The Director of Finance would have to enter a password to enable the printing of the cheques; o In the absence of the Director of Finance, a designate would be provided with the password. The designate would not be a member of the finance department. • Any cheque $50,000 or in excess, will not be electronically signed but be required to be manually signed; • After printing of the cheques, the Mayor or Acting Mayor would “sign off” the final cheque register prior to the cheques being distributed. o To ‘sign off’ the cheque register would involve “checking” each cheque issued with a mark (this indicates the invoice(s) has been revieweed) and then signing the bottom of the cheque register.
Meeting Date: February 16, 2009 Agenda Item No. Page 65 of 73 , Electronic Signing of Municipal Cheques Staff Report to Council Page 2
3. BACKGROUND:
I have confirmed with our auditors that they are comfortable with this process. The materiality limit the auditors have set for the District of Lillooet is $55,000; thus, the manual signing of cheques $50,000 and over is satisfactory to our auditors.
In 2008, we only had 10 cheques $50,000 or greater.
4. ANALYSIS:
5. BUDGET IMPACT:
Nil – our current software permits electronic signing.
Kathy Young, Director of Finance 6. CAO’s COMMENT:
Grant Loyer, CAO
Meeting Date: February 16, 2009 Agenda Item No. Page 66 of 73 Electronic Signing of Municipal Cheques DISTRICT OF LILLOOET
STAFF REPORT TO COUNCIL
SUBJECT: Tangible Capital Assets
PREPARED BY: Kathy Young, Director of Finance
DATE: February 12, 2009
1. SUMMARY OF ACTIVITY:
Over the past year, current staff has attempted to proceed with the changes required under PSABB 3150, which deals with Tangible Capital Assets and how local governments treat them in their financial reporting and budgeting. PSAB is the Public Sector Accounting Board that sets all financial standards for local governments.
PSAB 3150 is the initial step in addressing the infrastructure deficit problem throughout Canada. This legislation does not fix the probleem it only identifies the magnitude and highlights the importance of addressing the issue.
The effective date of these changes is for the 2009 financial statements.
Current staff has been unable to address these changes on top of their regular duties. The work must be completed this year and we require assistance to complete the process. We have $33,000 of municipal funds, which were budgeted for Tangible Capital Assets in 2008, remaining unexpended.
2. RECOMMENDATION:
TO amend the 2009 budget to include $33,000 foor the Tangible Capital Asset project as required byy PSAB 3150 with the $33,000 coming from 2008 surplus.
Kathy Young, Director of Finance
Meeting Date: Feb 16, 2009 Agenda Item No. Page 67 of 73 Tangible Capital Assets Staff Report to Council Page 2
3. BACKGROUND:
The 2008 budget had budgeted $99,000, with receipt of a $66,000 grant, to go towards addressing the issue of recording the municipalities Tangible Capital Assets. We did not receivee grant approval and there was no time to start the project.
The $99,000 was for new software for our GIS system, engineering services to assist in developing inventory of our lineal assets (water and sewer lines etc) plus additional time required byy our auditors.
With the water master plan, the roads inventory, the storm drain master plan etc, we are comfortable with the current inventories we have.
The $33,000 will be spent on a contractor to compile the TCA information, time for our auditors to review our new procedures / policy and for the required software.
4. ANALYSIS:
The requirements under PSAB 3150 are mandatory for the 2009 financial statements and the required procedures, asset inventories must take place, and there is no time for current staff to proceed with the completion of this project.
5. BUDGET IMPACT:
We will be using the $33,000 of municipal funds budgeted in 2008 for completion of this project in 2009.
Kathy Young, Director of Finance 6. CAO’s COMMENT:
Grant Loyer, CAO
Meeting Date: Feb 16, 2009 Agenda Item No. Page 68 of 73 Tangible Capital Assets DISTRICT OF LILLOOET
BYLAW NO. 321
A bylaw to authorize the District of Lillooet to borrow the sum of $25,000 to meet current lawful expenditures
WHEREAS Section 177 of the Community Charter authorizes Council, by bylaw, to provide for the borrowing of money that may be necessary to meet the current lawful expenditures of the District, and to pay amounts required to meet the District’s taxing obligations in relation to another local government or public body;
AND WHEREAS the total outstanding liability for amounts so borrowed must not exceed the total of the unpaid taxes for all purposes imposed during the current year and the money remaining due from other governments, provided that where the amount of the current year’s taxes is not ascertained, such amount shall be represented by seventy-five (75) percent of all taxes levied for all purposes in the preceding year;
AND WHEREAS seventy-five (75) percent of all taxes levied for all purposes in 2008 was $1,054,202;
AND WHEREAS in order to meet the current lawful expenditures of the municipality, it is necessary for the municipality to borrow a sum of up to $25,000;
NOW THEREFORE, the Council of the District of Lillooet, in open meeting assembled, enacts as follows:
1. This Bylaw may be cited for all purposes as “Revenue Anticipation Borrowing Bylaw 2009, No. 321”.
2. The Council of the District of Lillooet is authorized to borrow upon the credit of the District a sum of up to the maximum amount of $25,000.00 in such amounts and at such times as the same may be required and at a rate of interest thereon not to exceed the then current prime commercial bank rate.
3. The Council shall be and is hereby empowered and authorized to borrow upon the credit of the municipality an amount or amounts not exceeding the sum of $25,000.00.
4. The form of obligation to be given as acknowledgement of the liability shall be a by way of overdraft for such sums as may be required and advanced from time to time, bearing the corporate seal and signed by the Mayor and Director of Finance.
5. All unpaid taxes and the taxes of the current year when levied or so much thereof as may be necessary shall, when collected, be used to repay the money so borrowed.
Page 69 of 73 'Revenue Anticipation Borrowing Bylaw 2009, No. 321' for ado... “Revenue Anticipation Borrowing Bylaw 2009, No. 321” Page 2
READ A FIRST TIME on the 2nd day of February, 2009.
READ A SECOND on the 2nd day of February, 2009.
READ A THIRD TIME on the 2nd day of February, 2009.
FINALLY PASSED AND ADOPTED on the
Mayor
Corporate Officer
Page 70 of 73 'Revenue Anticipation Borrowing Bylaw 2009, No. 321' for ado... February 13, 2009 Our File: 534-101
District of Lillooet Box 610 Lillooet, BC V0K 1V0
Attention: Mr. Grant Loyer, C.A.O.
Dear Sir:
RE: Official Community Plan Bylaw 320
TRUE Consulting Group is pleased to provide a revised and final copy of the Official Community Plan for Council consideration.
The plan has been revised to reflect the input received from the Public Hearing as follows:
Z Extension of the Gateway Development Permit Area (Schedule D) to include all properties fronting on Highways 22 and 99. This change impacts the design criteria required for new development but does not alter the use and density of existing land use designations (e.g. agricultural properties in the ALR). Z Revisions to the Wildland Fire Development Permit Area policies and guidelines to simplify and clarify the Development Permit Process as it applies to process of addressing wildfire risk. Z Additions to the Environmental Policies to expand the policies on energy and sustainability. The additions include a list of planning projects required for sustainable infrastructure planning and community initiatives and policies to address climate change and greenhouse gas emissions. Z Removal of a “park” label on lands below the airport – Map 3.
Two written submissions were submitted as part of the public record of the Public Hearing for the Official Community Plan. Our responses concerning these submissions are as follows:
Z Colin Walsh property at 1315 Old Bridge Road: This property currently has a residential use. We would not recommend changing this to a commercial designation as the property is located outside of the serviced area and any change in use requires a more detailed technical review of the proposal.
…/2 Tvr! !&(AhypShq•Fhy78•W!8#E!• ripph•Qur!$'!'''Page 71 • Ah!$'!'&of 73 & 'Official Community Plan Bylaw@IBDI@@ 2008,DIB No.• 320'G6IIDIB for amendment•V6I9@ ... DBI District of Lillooet - 2 - Our File: 534-101 Attn: Mr. Grant Loyer, C.A.O.
Z Notes from G. Kamenka: A number of points in this submission challenge and request changes to the philosophy of smart growth as it is presented in the OCP. We would recommend retaining the current policies relating to smart growth and sustainable planning as senior governments are encouraging municipalities to include them in their OCP’s. OCP’s are regularly consulted by senior governments through the infrastructure grant application process and communities with thoughtful planning for the future are more likely to be favourably considered in the grant application process.
Again, thank you for the opportunity to work on this project and we look forward to offering our assistance with the implementation of the plan.
Yours truly,
TRUE CONSULTING GROUP
Jane F. Mastin, MCIP
JFM/jc M:\My Documents\534\534-101\Lillooet-Loyer-OCPDraft.doc
Page 72 of 73 'Official Community Plan Bylaw 2008, No. 320' for amendment ...
DISTRICT OF LILLOOET
BYLAW NO. 320
A bylaw to adopt an Official Community Plan for the District of Lillooet ______
The Council of the District of Lillooet, in open meeting assembled, enacts as follows:
1. This bylaw may be cited as “Official Community Plan Bylaw 2008, No. 320”.
2. “District of Lillooet Official Community Plan Bylaw No. 144, 2001” and all amendments thereto are hereby repealed.
3. Schedule A, attached hereto and forming part of this bylaw, is hereby adopted as the Official Community Plan for the District of Lillooet.
READ A FIRST TIME on the 15th day of December, 2008.
PUBLIC HEARING HELD on the 12th day of January, 2009.
READ A SECOND on the ____ day of ______, 2009.
READ A THIRD TIME on the ____ day of ______, 2009.
FINALLY PASSED AND ADOPTED on the ______day of ______, 2009.
Mayor
Corporate Officer
Page 73 of 73 'Official Community Plan Bylaw 2008, No. 320' for amendment ...