SPECIAL MEETING OF COUNCIL

AGENDA

Thursday, June 9, 2016 at 3:00 p.m. or following General Government

Classroom

1. CALL TO ORDER 2. DISCLOSURE OF PECUNIARY INTEREST 3. ADOPTION OF MINUTES – None 4. DEPUTATIONS, PRESENTATIONS, PETITIONS & PUBLIC MEETINGS - None

5. COMMENT PERIOD

“A fifteen (15) minute session wherein persons in attendance at the Regular Meeting of Council have an opportunity to make a comment pertaining to items that are listed on the agenda to be dealt with by Council. Comments will be received for Council consideration but will not be discussed or debated at this time.”

6. UNFINISHED BUSINESS – None 7. CORRESPONDENCE – Received for Information - None

CORRESPONDENCE – Requiring Action - None CORRESPONDENCE – Referred - None 8. COMMITTEE, BOARDS & STAFF REPORTS

a) Collingwood General & Marine Hospital Board – Councillor Bonnie

Smith Recommendation: That Council appoint Councillor Bonnie Smith to the Collingwood General and Marine Hospital Board, effective immediately. b) Awarding of the Dardanella RFP (on desk) c) Awarding of the Main Street Electrical Servicing Contract Recommendation: That Council award the Electrical Servicing Contract No. PW#2016-11RFQ to Minnings Electrical Service Ltd. in the amount of $60,594.86, excluding HST.

Special Council – June 9, 2016 Page 2 of 3

d) Awarding of the Contract for the Construction of the Beach Bar at the Main Street Market Recommendation: That Council award the contract to build the Beach Bar at 12 Main Street within the Main Street Market to Fuhre Construction Ltd. at a cost of $40,000, exclusive of HST. 9. NOTICES OF MOTION 10. MOTIONS – WHERE NOTICE HAS BEEN PREVIOUSLY GIVEN - None 11. BY-LAWS AND CONFIRMATORY BY-LAW

a) 2016-113 A By-law to Authorize the Execution of an Agreement Between the Town of Wasaga Beach and Skydive Wasaga Beach Inc. for a Land Use Lease at Wasaga Sports Park to Operate a Business Known as Skydive Wasaga Beach Inc.

b) 2016-114 A By-Law to Authorize the Execution of an Agreement

Between the Town of Wasaga Beach and Wasaga Beach Farmers Market Organizing Committee for a Land Use Lease at 130 Main Street, Main Street Parking Lot to operate a Seasonal Farmers Market

c) 2016-115 A By-Law to Authorize the Execution of a Lease Agreement

between the Town of Wasaga Beach and SQ Fried and Tanya Lawrence for a Kiosk Lease at 12 Main Street, Unit G

d) 2016-116 A By-Law to Authorize the Execution of an Agreement

Between the Town of Wasaga Beach and Regional Tourism Organization 7 (Tourism Website)

e) 2016-117 A By-Law to Authorize the Execution of an Agreement between the Corporation of the Town of Wasaga Beach and 2156905 Ontario Ltd. (Shaun Mahoney) (Caring Hands) for the Operation of Garbage and Recycling Bins

f) 2016-118 A By-Law to Authorize the Execution of an Agreement Between the Corporation of the Town of Wasaga Beach and Telizon Inc. to Provide Phone Line and Local/Long Distance Services

g) 2016-119 Confirmatory By-Law

11. CALLING OF COMMITTEE MEETINGS – N/A 12. QUESTION PERIOD

“A fifteen (15) minute session wherein persons in attendance at the Regular Meeting of Council have an opportunity to raise questions pertaining to items that were dealt with by Council on the evening’s Agenda.”

13. CLOSED SESSION - None 14. REPORTS FROM CLOSED SESSION (as required)

Special Council – June 9, 2016 Page 3 of 3 15. ADJOURNMENT

THE CORPORATION OF THE TOWN OF WASAGA BEACH

BY-LAW NO. 2016-113

A BY-LAW TO AUTHORIZE THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE TOWN OF WASAGA BEACH AND SKYDIVE WASAGA

BEACH INC. FOR A LAND USE LEASE AT WASAGA SPORTS PARK TO OPERATE A BUSINESS KNOWN AS SKYDIVE WASAGA BEACH INC.

WHEREAS pursuant to section 9 of the Municipal Act, 2001 S.O. 2001, chapter 25 a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS pursuant to section 8. (1) of the Municipal Act, 2001 S.O. 2001, chapter 25 the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate to enhance the municipality’s ability to respond to municipal issues; AND WHEREAS the Council of the Corporation of the Town of Wasaga Beach deems it advisable and expedient to enter into a Lease Agreement with SKYDIVE WASAGA BEACH INC. to utilize Town lands, known as 1888 Klondike Park Road, Wasaga Sports Park for the operation of a commercial business; NOW THEREFORE this Council of the Corporation of the Town of Wasaga Beach HEREBY ENACTS as follows:

1. THAT the Mayor and Clerk are hereby authorized to execute a Lease Agreement with SKYDIVE WASAGA BEACH INC. to utilize Town lands, known as 1888 Klondike Park Road, Wasaga Sports Park for the operation of a commercial business.

2. THAT the Lease Agreement, Schedule “A”, is attached hereto and forming part of this By-law.

3. THAT the Mayor’s and the Clerk’s authority and direction to execute the

above noted Agreements and Documents extends to any renewal agreements or administrative amendments to the Agreements and Documents.

4. THAT this By-Law shall come into force and take effect and shall continue

in effect under the terms and conditions outlined within said attached Lease Agreement.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 9th DAY OF JUNE, 2016. Brian Smith, Mayor Holly Bryce, Town Clerk

EXPLANATORY NOTE

TO BY-LAW # 2016 - 113

The purpose of this By-law is to authorize the signing of a Lease Agreement between Skydive Wasaga Beach Inc., (the Licensee) and the Corporation of the Town of Wasaga Beach (‘The Partner’). The effect of the By-law is to permit Skydive Wasaga Beach Inc. to lease land at the Klondike Sports Park for the purpose of operating a business known as Skydive Wasaga Beach Inc. The Term of the lease is two (2) years with an option to renew for an addition five (5) years. The Licensee will pay an annual rental fee of $3,000.00, exclusive of HST per annum and will obtain an insurance certificate for the operation of the business for the duration of the Agreement, which rider will provide liability insurance in an aggregate amount of no less than $5,000,000.00, and which rider will name the Town as co-insured.

THE CORPORATION OF THE TOWN OF WASAGA BEACH

BY-LAW NO. 2016-114

A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWN OF WASAGA BEACH AND THE WASAGA BEACH FARMERS MARKET ORGANIZING COMMITTEE FOR A LAND USE LEASE

AT 130 MAIN STREET, MAIN STREET PARKING LOT TO OPERATE A SEASONAL FARMERS MARKET

WHEREAS pursuant to section 9 of the Municipal Act, 2001 S.O. 2001, chapter 25 a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS pursuant to section 8. (1) of the Municipal Act, 2001 S.O. 2001, chapter 25 the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate to enhance the municipality’s ability to respond to municipal issues; AND WHEREAS the Council of the Corporation of the Town of Wasaga Beach deems it advisable and expedient to enter into an agreement with THE WASAGA BEACH FARMERS MARKET ORGANIZING COMMITTEE to utilize Town lands, known as 130 Main Street, Main Street Parking Lot for the operation of a seasonal farmers market; NOW THEREFORE this Council of the Corporation of the Town of Wasaga Beach HEREBY ENACTS as follows:

1. THAT the Mayor and Clerk are hereby authorized to execute a Lease Agreement with THE WASAGA BEACH FARMERS MARKET ORGANIZING COMMITTEE to utilize Town lands, known as 130 Main Street, Main Street Parking Lot for the operation of a seasonal farmers market.

2. THAT the Lease Agreement, Schedule “A”, is attached hereto and forming part of this By-law.

3. THAT the Mayor’s and the Clerk’s authority and direction to execute the

above noted Agreements and Documents extends to any renewal agreements or administrative amendments to the Agreements and Documents.

4. THAT this By-Law shall come into force and take effect and shall continue in effect under the terms and conditions outlined within said attached Lease Agreement.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 9th DAY OF JUNE, 2016. Brian Smith, Mayor Holly Bryce, Town Clerk

THE CORPORATION OF THE TOWN OF WASAGA BEACH

BY-LAW NO. 2016-115

A BY-LAW TO AUTHORIZE THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE TOWN OF WASAGA BEACH AND SQ FRIES AND TANYA

LAWRENCE FOR A KIOSK LEASE AT 12 MAIN STREET, UNIT G

WHEREAS pursuant to section 9 of the Municipal Act, 2001 S.O. 2001, chapter 25 a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS pursuant to section 8. (1) of the Municipal Act, 2001 S.O. 2001, chapter 25 the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate to enhance the municipality’s ability to respond to municipal issues; AND WHEREAS the Council of the Corporation of the Town of Wasaga Beach deems it advisable and expedient to enter into a Lease Agreement with SQ FRIES AND TANYA LAWRENCE to utilize Town lands, known as 12 Main Street, Unit G for the operation of a commercial business; NOW THEREFORE this Council of the Corporation of the Town of Wasaga Beach HEREBY ENACTS as follows:

1. THAT the Mayor and Clerk are hereby authorized to execute a Lease Agreement with SQ FRIES AND TANYA LAWRENCE to utilize Town lands, known as 12 Main Street, Unit G for the operation of a commercial business.

2. THAT the Lease Agreement, Schedule “A”, is attached hereto and forming

part of this By-law. 3. THAT the Mayor’s and the Clerk’s authority and direction to execute the

above noted Agreements and Documents extends to any renewal agreements or administrative amendments to the Agreements and Documents.

4. THAT this By-Law shall come into force and take effect and shall continue

in effect under the terms and conditions outlined within said attached Lease Agreement.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 9th DAY OF JUNE, 2016. Brian Smith, Mayor Holly Bryce, Town Clerk

THE CORPORATION OF THE TOWN OF WASAGA BEACH

BY-LAW NO. 2016-116

A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWN OF WASAGA BEACH AND

REGIONAL TOURISM ORGANIZATION 7 (TOURISM WEBSITE)

WHEREAS pursuant to section 9 of the Municipal Act, 2001 S.O. 2001, chapter 25 a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS pursuant to section 8. (1) of the Municipal Act, 2001 S.O. 2001, chapter 25 the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate to enhance the municipality’s ability to respond to municipal issues; AND WHEREAS RTO7 is the recipient of Transfer Payment Funding from the Province to assist with Initiatives to promote tourism in BruceGreySimcoe (Ontario Tourism Region 7); AND WHEREAS RTO7 has entered a Partnership with the Partner to further an Initiative to develop a Town microsite portal that is integrated within the existing BruceGreySimcoe.com CMS and architecture. AND WHEREAS this will enhance and augment the Town’s web presence (www.tourismwasaga.com) at a very much reduced expense, while increasing the currency and accuracy of operator data, providing a mechanism to centralize and share operator data across organizations in the region; NOW THEREFORE in consideration of the mutual covenants and agreements contained herein, including within the appending schedules “A”, “B”, and “C”, and for other good and valuable consideration, the receipt and sufficiency whereof is expressly acknowledged, this Council of the Corporation of the Town of Wasaga Beach HEREBY ENACTS as follows:

1. THAT the Mayor and Clerk are hereby authorized to execute an Agreement with REGIONAL TOURISM ORGANIZATION 7 for a non-repayable contribution to the Town of Wasaga Beach up to a maximum amount of four thousand, one hundred dollars ($4,100) in support of the Town’s project to develop a tourism website.

2. THAT the Agreement, Schedule “A”, is attached hereto and forming part of this By-law.

3. THAT the Mayor’s and the Clerk’s authority and direction to execute the

above noted Agreements and Documents extends to any renewal agreements or administrative amendments to the Agreements and Documents.

4. THAT this By-Law shall come into force and take effect upon passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 9th DAY OF JUNE, 2016. Brian Smith, Mayor Holly Bryce, Town Clerk

EXPLANATORY NOTE

TO BY-LAW # 2016 - 116

The purpose of this By-law is to authorize the signing of a funding agreement between Regional Tourism Organization 7 (‘RTO7’) and the Corporation of the Town of Wasaga Beach (‘The Partner’). The effect of the By-law is to provide the Town of Wasaga Beach with funds to create a tourism website. The total project cost, (inclusive of HST) is $8,200, with the Town’s share being $4,100. RTO7 will contribute $4,100. Funds are available for the Town’s contribution under the Economic Development Department’s Advertising Budget.

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A G R E E M E N T B E T W E E N:

REGIONAL TOURISM ORGANIZATION 7 (“RTO7”)

And

THE CORPORATION OF THE TOWN OF WASAGA BEACH

(the “Partner”)

WHEREAS RTO7 is the recipient of Transfer Payment Funding from the Province to assist with Initiatives to promote tourism in BruceGreySimcoe (Ontario Tourism Region 7); AND WHEREAS RTO7 has entered a Partnership with the Partner to further an Initiative; AND WHEREAS RTO7 and the Partner are together referred to herein as the Parties; NOW THEREFORE in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency whereof is expressly acknowledged, the parties hereto agreed herein: IN WITNESS WHEREOF the Parties have respectively executed and delivered this Agreement this _______ day of ____________________, 2016. SIGNED, SEALED AND DELIVERED in the presence of: REGIONAL TOURISM ORGANIZATION 7 Per: ___________________________ William Sullivan

Executive Director I have authority to bind the Corporation

THE CORPORATION OF THE TOWN OF WASAGA BEACH

Per: ___________________________ Authorized Signing Officer I have authority to bind the Partner(s)

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SCHEDULE “A” GENERAL TERMS AND CONDITIONS

1.0 Definitions 1.1 When used in this Agreement, the following terms will have the meanings ascribed to them

below: (a) “Additional Provisions” means the terms and conditions referred to in section 9.1

and as specified in Schedule “C”; (b) “Agreement” means this Agreement (including the cover and execution pages and

all of the schedules) entered into between RTO7 and the Partner and any instrument amending this Agreement;

(c) “Budget” means the Initiative budget set out in Schedule “B”;

(d) “Claims” means any and all liability, loss, costs, damages and expenses (including

legal fees), causes of action, actions, claims, demands, lawsuits or other proceedings;

(e) “DMO” means a destination marketing and management organization;

(f) “Experience Development” means product development and training initiatives;

(g) “Fiscal Year” means the period commencing on April 1, 2016 and ending on March

31, 2017;

(h) “Funding” means the funds available to the Partner by RTO7 pursuant to this Agreement;

(i) “Initiative” means the initiative or project approved by RTO7, which reflect priorities

consistent with RTO7’s business plan, and which fall within the three program categories, being Signage, Marketing, and Experience Development (Including Research & Workforce Development);

(j) “Partner(s)” means the entity(ies) as set out in Schedule “B” working with RTO7 on

the Initiative and is strictly subject to the provisions of Article 16.1 herein; (k) “Partnership” means an agreement of or by the Parties to work together to further

an initiative and is strictly subject to the provisions of Article 16.1 herein; (l) “Partnership Funding” means funding from the RTO7 Partnership Program as set

out in section 1.1 (m); (m) “Program” refers to the RTO7 Partnership Program, consisting of Marketing,

Experience Development, and Signage;

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(n) “Promotion” means marketing and advertising programs;

(o) “Province” means Her Majesty The Queen In Right of Ontario as represented by the

Minister of Tourism, Culture and Sport;

(p) “Schedules” means schedules to this agreement consisting of : (i) Schedule “A” – General Terms and Conditions (ii) Schedule “B” – Initiative Description, Budget and Work Plan (iii) Schedule “C” – Reporting Requirements and Additional Provisions

(q) “Signage” means improvement of tourism experience through the implementation of

Tourism Signage and Wayfinding Specifications as provided by RTO7; 2.0 Term of Agreement 2.1 The term of this Agreement will be to March 31, 2017. All expenses must be incurred and

paid between April 1, 2016 and March 31, 2017. 3.0 Funding 3.1 RTO7 will make available Funding for the purpose of supporting the Initiative and disburse

the Funding according to the payment schedule provided in Schedule “B”. 3.2 Despite section 3.1 RTO7:

(a) may adjust the amount of Funding made available based upon the Province’s

assessment of the reporting provided to the Province by RTO7; and (b) shall not pay Funding installments unless it is satisfied with the progress of the

Initiative. 3.3 The amount of Funding to be provided to the Partner is based on costs, net of any costs

(including taxes) for which the Partner has received, will receive, or is eligible to receive, a rebate, credit or refund.

4.0 Initiative 4.1 Working collaboratively, the Parties will carry out the Initiative and will do so in compliance

with the description, budget and work plan set out in Schedule “B”. 4.2 The Parties will not make any changes to the Initiative without the prior written consent of

all Partners and RTO7. 4.3 The parties acknowledge that the Initiative as part of the Program is funded by virtue of an

annual Destination Marketing and Development Initiative Transfer Payment Funding Agreement (“TPA”) between RTO7 and the Province of Ontario. As such every aspect of this Agreement is subject to and must comply with the provisions of Schedule “A” of the

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TPA. The Partner acknowledges that Schedule “A” of the TPA has been posted on RTO7’s website, which is accessible to the Partner for review.

5.0 Budget 5.1 The Parties will only use the Funding, within Budget, for costs directly associated with

carrying out the Initiative. 6.0 Tendering for Goods and Services 6.1 The Parties will conduct the Initiative wisely and prudently achieving value for money. The

Parties will acquire all supplies, equipment and services, including any advertising-related services, paid for by the Funding through an appropriate competitive process. Where the purchase price exceeds $5,000 and where an existing vendor procured through a competitive process satisfactory to RTO7 does not exist, at a minimum at least three written quotes will be obtained unless it can be demonstrated that the supplies, equipment or services to be purchased are specialized and are not readily available.

6.2 Any competitive procurement process must include a clear description of the

product/service and sufficient details concerning the requirements. Consistent, transparent and objective evaluation criteria must be utilized.

7.0 Conflict of Interest 7.1 The Parties will carry out the Initiative in a manner that no person associated with the

Initiative in any capacity will have a potential or actual conflict of interest and will disclose without delay any situation that may be reasonably interpreted as either an actual or potential conflict of interest.

7.2 A conflict of interest includes a situation in which a person associated with the Initiative or

any member of his or her family is able to benefit financially from his or her involvement in the Initiative. Nothing in this Article prevents the Parties from reimbursing volunteers for their reasonable out of pocket expenses incurred in connection with the Initiative.

8.0 Representations, Warranties and Governance 8.1 The Partner represents, warrants and covenants that:

(a) it is a private business, DMO, tourism organization, municipality, association, or interest group which is a validly existing legal entity with full power to fulfill its obligations under this Agreement;

(b) it has the experience and expertise necessary to carry out its obligations under its

Partnership with RTO7 and the Initiatives are within the scope of the Program; (c) all information (including information relating to any eligibility requirements for

Funding) the Partner provides to RTO7 in support of its request for funding is true and shall continue to be true and complete for the term of this Agreement;

Page 5 of 11

(d) it has or can generate the matching funds required by RTO7 under this Initiative; and

(e) it has the full power and authority to enter into this Agreement and has taken all necessary actions to authorize the execution of this Agreement.

8.2 Upon request, the Partner shall provide RTO7 with proof of the matters referred to in this

Article. 9.0 Further Conditions 9.1 The Partner acknowledges that RTO7 may impose further terms and conditions on the use

of the Funding that it considers appropriate for the proper expenditure and management of the Funding and the carrying out and completion of the Initiative. The Partner agrees to comply with any Additional Provisions documented in Schedule “C”.

10.0 Reporting, Accounting and Review 10.1 The Partner will submit to RTO7 Progress reports and other reports as specified in

Schedule “C” and such other reports as RTO7 may require from time to time and shall deliver all reports in a format supplied by RTO7.

10.2 The Parties:

(a) will keep and maintain all financial records, invoices and other financially-related documents relating to the Funding or otherwise to the Initiative in a manner consistent with generally accepted accounting principles and clerical practices and will maintain such records and keep them available for review or investigation for a period of seven (7) years from the date of the expiry or termination of this Agreement; and

(b) will maintain all non-financial documents and records relating to the Funding or

otherwise to the Initiative in a confidential manner consistent with all applicable law. 11.0 Limitation of Liability 11.1 Neither the Province nor RTO7 nor their respective officers, employees and agents will be

liable to the Partner, its subcontractors or their respective directors, officers, agents, employees, partners, affiliates, volunteers or independent contractors for Claims howsoever caused that arise out of or are in any way related to the Initiative or this Agreement.

12.0 Indemnity 12.1 The Partner will indemnify and hold harmless the Province and RTO7 from and against any

and all Claims, by whomever made, sustained, incurred, brought or prosecuted, including for third party bodily injury (including death), personal injury and property damage, in any way based upon, occasioned by or attributable to anything done or omitted to be done by the Partner, its subcontractors or their respective directors, officers, agents, employees, partners, affiliates, volunteers or independent contractors in the course of carrying out the

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Initiative under, or otherwise in connection with, this Agreement. The Partner further agrees to indemnify and hold harmless the Province and RTO7 for any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit, by any person, entity or organization, including, without limitation, the Province or RTO7, claimed or resulting from such Claims.

13.0 Acknowledgement 13.1 The Partner:

(a) will acknowledge, in a format agreed to by both Parties, the support of RTO7 and the Province in all material related to the Initiative, including but not limited to placement of the BruceGreySimcoe Always in Season logo and/or links to BruceGreySimcoe.com and Ontario Yours to Discover logo on all advertising media;

(b) will advise RTO7 in writing of any public communication, interview, media event,

report or presentation that is expected to refer to the Initiative and provide the opportunity for RTO7 and/or the Province to be present where appropriate;

(c) will not make any public announcement, news release, advertising or other form of

publicity regarding the Funding until permission to do so is received from RT07; and (d) where applicable, will include a statement in any materials related to the Initiative

that the views expressed in such materials are the views of the Partner and do not necessarily reflect those of RTO7 or the Province.

14.0 Termination for Convenience 14.1 RTO7 may terminate this Agreement at any time, for any reason, upon giving at least

thirty (30) days’ notice to the Partner. 15.0 Notices 15.1 Any routine notice or communication required or permitted to be given under this

Agreement may be sent by email with receipt notification requested and shall be addressed to the other party as provided herein or as either party will later designate to the other in writing.

Any material notice or communication required or permitted to be given under this Agreement shall be in writing and delivered personally or by pre-paid courier, or sent by facsimile, certified or registered mail or postage pre-paid mail with receipt notification requested; and shall be addressed to the other party as follows: For the Partner: Andrew McNeill Director of Economic Development & Tourism 30 Lewis Street Wasaga Beach, ON L9Z 1A1

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Email: a.mcneill@wasagabeach.com For RTO7: Alexandra Hogan Project & Administration Manager Regional Tourism Organization 7 PO Box 973 Thornbury, ON N0H 2P0 Email: ahogan@rto7.ca

15.2 All notices will be effective at the time the delivery is made if the notice is delivered

personally, by pre-paid courier or by facsimile; or three (3) days after the day the notice was deposited in the mail if the notice is sent by certified, registered or postage prepaid mail, unless the day the notice is effective falls on a day when RTO7 is normally closed for business, in which case the notice will not be effective until the next day that is a day when RTO7 is normally open for business.

16.0 Independent Parties 16.1 The parties acknowledge that the terms Partner and Partnership as used in this Agreement

have been used as they reflect, in common parlance, organizations and people working together. Notwithstanding the use of these terms, the Parties specifically acknowledge that they are and will at all times remain independent of each other and are not and will not represent themselves to be the agent, joint venturer, partner or employee of the other. No representations will be made or acts taken by either party which could establish or imply any apparent relationship of agency, joint venture, partnership, or employment and neither party will be bound in any manner whatsoever by any agreements, warranties or representations made by the other party to any other person nor with respect to any other action of the other party.

17.0 Assignment of Agreement or Funding 17.1 The Partner will not assign this Agreement or any part thereof without the prior written

consent of RTO7, which consent may be unreasonably and arbitrarily withheld and this Agreement will enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns.

18.0 Further Assurances and Consents 18.1 The Partner acknowledges that RTO7 may impose conditions on any consent it provides

pursuant to this Agreement. 19.0 Circumstances Beyond the Control of Either Party

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19.1 Neither party will be responsible for damage caused by delay or failure to perform under the terms of this Agreement resulting from matters beyond the control of RTO7 and the Partner.

20.0 Interpretative Value of Agreement Documents 20.1 In the event of any of conflict or inconsistency between any of the Schedules to this

Agreement, Schedule “A” will prevail over any of the other Schedules. 21.0 Counterparts 21.1 This Agreement may be executed in any number of counterparts, each of which will be

deemed an original. 22.0 Freedom of Information and Protection of Privacy Act (FIPPA) 22.1 The Partner acknowledges that RTO7 and the Province are bound by the Freedom of

Information and Protection of Privacy Act, R.S.O. 1990, c. F. 31, as amended from time to time, and that any information provided to RTO7 in connection with this Agreement is subject to disclosure in accordance with the requirements of that Act.

22.2 The Partner acknowledges that RTO7 may make public the name and business address of

the Partner, the amount of the Funding and the purpose for which the Funding has been provided.

23.0 Time of Essence 23.1 Time will be of the essence in all respects. 24.0 Joint and Several 24.1 Where the Partner is made up of two or more entities, each such entity will be jointly and

severally liable (each completely and individually liable) to RTO7 for the fulfillment of the obligations of the Partner under this Agreement.

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SCHEDULE “B” INITIATIVE DESCRIPTION, BUDGET AND WORK PLAN

Initiative Description The Town of Wasaga Beach will work with RTO7 (& 78 Digital Inc.) to develop a Town microsite portal that is integrated within the existing BruceGreySimcoe.com CMS and architecture. This will enhance and augment the Town’s web presence (www.tourismwasaga.com) at a very much reduced expense, while increasing the currency and accuracy of operator data, providing a mechanism to centralize and share operator data across organizations in the region. It also increases SEO and ability to track performance through analytics, and increases the likelihood of meeting the visitors needs through provision of attractive, current online information relating to Town of Wasaga Beach offerings. The website will also convey this information in French language as Wasaga Beach appeals to many French speaking Canadians (note: that costs for content translation are not included in this project but funding is available through another RTO7 Partnership program for this purpose). As this is the Town’s first website dedicated to tourism, their intent is to develop an attractive, user-friendly website that local operators will wish to list on (goal is 50% of tourism businesses registered on the site within the first year) and that will entice visitors (new and existing) to the area. The goal is to establish a baseline for traffic to the website in the first year. It is recognized that success both in registering businesses and bringing visitors to the site is dependent on more than the design/function of the site although that will be important in addition to Wasaga’s future sales and advertising efforts. Note that upon website completion/launch, hosting fees of $200/month for the site will be payable directly to 78 Digital Inc. Budget The cost of this Initiative (including HST) is $8,200.00. The Town of Wasaga Beach will contribute $4,100.00 to the project; RTO7 will contribute a maximum of $4,100.00 to the initiative. Upon signing of the Agreement, the Town of Wasaga Beach will remit to RTO7 payment of $4,100.00 in respect of this project. RTO7 will directly pay project expenses, to a maximum of $8,200.00. Any costs in excess of the total budget will only be the responsibility of the Partner(s) with written authorization from each Partner being given in advance. Should elements of the project to which the Partner(s) have contributed financially come in under budget, any unexpended

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funds will be refunded by RTO7. Similarly, should the project be terminated (clause 14.1 above invoked), any unexpended Partner contributions will be refunded by RTO7.

Initiative

Total Project Cost (including

HST)

Partner contribution

(including HST)

Partnership Funding

contribution (including HST)

RTO7 contribution if applicable (including

HST) Web Portal Development

$8,200.00 $4,100.00

$4,100.00 n/a

*As funds cannot flow through to Partners, all activities must be performed by a third party vendor to qualify for Partnership Funding. Work Plan & Timeline The project will be initiated in June of 2016. RTO7 will manage administration and execution of the project; the Partner will liaise directly with the Agency of Record and through Basecamp. Date Tasks (Deliverables) June 2016 Sign agreement with RTO7 and submit funding contribution June 2016 Kick-off with 78 Digital (review features and timelines;

establishment of Basecamp folder; sharing of content/data, etc.; design sign off)

Late 2016/early 2017

Test site development; content finalized; site testing; analytics added Site launch by March 31/17

March 31 2017 Final report completed by partner (including assessment of process and learnings)

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SCHEDULE “C”

REPORTING REQUIREMENTS AND ADDITIONAL PROVISIONS Schedule of Payments

Partner contribution of $4,100.00 due to RTO7 upon signing of agreement o Cheque(s) may be made payable to: Regional Tourism Organization 7 and

mailed to: RTO7 (Attn Alex Hogan) PO Box 973 Thornbury, ON N0H 2P0

Reporting Requirements

Progress meetings/report Completion of final brief report template (to include number of partners collaborating,

additional funds leveraged if applicable, the degree to which objectives have been met, use of logos/acknowledgement of support and lessons learned for the purposes of continuous improvement)

Additional Provisions

Acknowledge RTO7’s and the Ministry’s support with the use of their logos in electronic and print media as part of a visibility campaign

Post the logos (links below) on website for (at minimum) as long as the campaign/initiative is active/relevant

o ‘BruceGreySimcoe – Always in Season’ logo (linking to www.brucegreysimcoe.com)

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Eps o ‘Ontario Yours to Discover’

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Eps o Acknowledge RTO7 and the province’s support in communications (for

example newsletters out to membership, press releases, reports to your Board of Directors, etc.)

THE CORPORATION OF THE TOWN OF WASAGA BEACH

BY-LAW NO. 2016-117

A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN

THE CORPORATION OF THE TOWN OF WASAGA BEACH AND 2156905

ONTARIO LTD (SHAUN MAHONEY) (CARING HANDS) FOR THE OPERATION

OF GARBAGE AND RECYCLING BINS

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

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

AND WHEREAS the Council of The Corporation of the Town of Wasaga Beach deems it advisable and expedient to sign an Agreement with 2156905 Ontario Ltd (Shaun Mahoney) (Caring Hands) for the operation of eighty-five (85) garbage and recycling bins; NOW THEREFORE the Council of the Corporation of the Town of Wasaga Beach HEREBY ENACTS as follows:

1. THAT the Mayor and Clerk are hereby authorized and directed to execute an

Agreement with 2156905 Ontario Ltd (Shaun Mahoney) (Caring Hands) for the operation of eighty-five (85) garbage and recycling bins.

2. THAT the Agreement, Schedule “A”, is attached hereto and forming part of this

By-law.

3. THAT the Agreement is effective for a term of five (5) years commencing May 1, 2016.

4. THAT the Mayor's and the Clerk's authority and direction to execute the above

noted Agreements and Documents extends to any renewal agreements or administrative amendments to the Agreements and Documents.

5. THAT By-Law 2011-69 is hereby rescinded in its entirety.

6. THAT this By -Law shall come into force and take effect on the date of its final passing.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 9th DAY OF JUNE, 2016

______________________

Brian Smith, Mayor

_______________________

Holly Bryce, T o w n Clerk

SCHEDULE “A” OF BY-LAW NO. 2016-117

A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE

CORPORATION OF THE TOWN OF WASAGA BEACH AND 2156905 ONTARIO LTD

(SHAUN MAHONEY) (CARING HANDS) FOR THE OPERATION OF GARBAGE AND

RECYCLING BINS

AGREEMENT

BETWEEN: 2156905 ONTARIO LTO. (Shaun Mahoney)

(Caring Hands)

Hereinafter called the "Owner"

-and-

THE CORPORATION OF THE TOWN OF WASAGA BEACH

Hereinafter called the "Town"

REGARDING: The Operation of Waste and Recycling Bins in Wasaga Beach

IT IS HEREBYAGREED AND UNDERSTOOD BY ALL PARTIES:

1. THAT the Town grants the Owner the exclusive right to operate the bins on road

allowances throughout the Town of Wasaga Beach for a term of five (5) years

commencing May 1, 2016 at locations approved by the Town.

2. THAT the Owner agrees not to move any of the bins without the expressed written

permission of the Town

3. THAT the Owner will assume responsibility and will obtain an insurance rider on the

bins for the duration of the Agreement, which rider will provide liability insurance in an

aggregate amount of no less than $2,000,000.00, which rider will name the Town as

co-insured. The insurance certificate shall be provided to the Clerk's office.

4. THAT the Owner shall be responsible for the installation of the bins, winter storage in

locations approved by the Director of Public Works, repairs and replacement of the

bins; it being understood that the Town may assist in the installation and movement of

the bins from time to time at the request of the Owner.

5. THAT the bins on the beachfront will be removed by the Owner at is expense on or

before November 1st of each year, if required by the Public Works Department, and

shall be stored by the Owner and reinstalled on or before May 1st

. It is understood that beachfront bins may be placed by the Owner, during the off season, in locations outside the beachfront, subject to the approval of the Director of Public Works.

6. THAT the Owner shall be responsible for the overall appearance of the bins to the

standard set by the Town and shall be responsible to replace any bins that do not meet

that standard within 48 hours of being so notified.

Page 2 of 2

7. THAT the Town shall be responsible for the regular removal of the garbage contents

in the bins and the maintenance and the cleaning of the inside and outside of each

bin, at no cost to the Owner to a maximum number of 85 bins.

8. THAT the Owner shall have exclusive rights for any and all advertising on all the bins

under this agreement upon payment to the "Town" of a fee of $20 .00 per month per

bin, plus applicable taxes for the 50 bins located on the beachfront area from May 1st

to October 31st

($6,000.00).

The fee for advertising in respect of bins located outside the beachfront shall be based

on an annual fee of $700.00, plus applicable taxes payable on the basis of $20.00 per

bin in respect of those bins which have advertising, the location of such bins to be

agreed upon by the parties, acting reasonably.

The Town shall have the right to place four advertising panel free of charge as part

of this agreement at the beachfront area in locations agreed to by both parties.

9. THAT it is agreed that the Town shall have the right to veto any proposed advertising

considered inappropriate by the Public Works Section of Coordinated Committee of the

Town, upon written notice to the Owner.

10. THAT this Agreement shall be binding upon the Owner, their successors and their

assigns.

11. THAT the Owner shall notify the Town in writing at least ninety (90) in advance of any

sale of the bins providing the name and background of the prospective purchaser,

which shall be subject to Council review and approval prior to any sale being finalized.

12. THAT this Agreement shall be reviewed at the end of the five (5) year period. If the

Agreement is not to be renewed, ninety (90) days written notice shall be given to the other party.

13. THAT in the event of dispute about any of the provisions of this Agreement a

representative from the "Town" and a representative each from the "Owner" shall be

appointed and asked to resolve the dispute to the mutual satisfaction of both parties. In

the event that the dispute cannot be resolved, the Agreement shall be terminated with

ninety (90) days written notice to either party.

Signed this ________ day of _____________, 2016. _______________________________ ______________________________

2156905 ONTARIO LTD. Shaun Mahoney, (I have authority to bind the Company)

Mayor ______________________________ Clerk

THE CORPORATION OF THE TOWN OF WASAGA BEACH

BY-LAW NO. 2016-118

A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE

CORPORATION OF THE TOWN OF WASAGA BEACH AND TELIZON INC. TO

PROVIDE PHONE LINE AND LOCAL/LONG DISTANCE SERVICES

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

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

AND WHEREAS the Council of The Corporation of the Town of Wasaga Beach deems it advisable and expedient to sign an Agreement with Telizon Inc. to provide phone line and local/long distance services; NOW THEREFORE the Council of the Corporation of the Town of Wasaga Beach HEREBY ENACTS as follows:

1. THAT the Mayor and Clerk are hereby authorized and directed to execute an

Agreement with Telizon Inc. to provide phone line and local/long distance services. 2. THAT the Agreement, Schedule “A”, is attached hereto and forming part of this By-law.

3. THAT the Agreement is effective for a term of five (5) years commencing June 1, 2016.

4. THAT the Mayor's and the Clerk's authority and direction to execute the above noted

Agreements and Documents extends to any renewal agreements or administrative amendments to the Agreements and Documents.

5. THAT this By -Law shall come into force and take effect on the date of its final passing.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 9th DAY OF JUNE, 2016 Brian Smith, Mayor Holly Bryce, Town Clerk

Voice Service P lan Agreement Form Revision 1.9 Date Revised: 20.08.2014 SS

Service Address For order accuracy, please print clearly and legibly. Fields in italics are required. Company Name Commercial Customer # Location Type Town of Wasaga Beach Residential 4188 Parent Child Standalone Legal Company Name (if different from above) Main Phone Fax Sales Representative 705-429-3844 705-429-6732 Street Address Suite City Province Postal Code 30 Lewis Street Wasaga Beach ON L9Z 1A1 Website Address Main Company Email Address

Primary Site Contact Name (First and Last) Phone Number Extension Email Address Derek Bowers 705-429-3844 2233 cito@wasagabeach.com

Billing Information (If different from above) Fields marked in italics are required Name of existing Parent Account Information (If this location is a child)

Phone

Bil ling Type Consolidated Separate Inv.

Company Name Phone Fax Street Address Suite City Province Postal Code Bil ling Contact Name Phone Number Extension Bil ling email Invoice Presentation On-Line Paper $2.95/Month Credit and Payment Information Already on File Please attach a blank void cheque for pre-authorized debit. Principal or Owner Name Home Address Phone Cell Business Type Yrs in Bus Corp. Part. Prop.

Bank Name Bank Branch Account Name Account # Estimated Usage

Payment Method: * See Terms and Conditions Credit Card Type: Credit Card # CVV Expiry (mm/yy) Pre-Auth Debit Credit Card Cheque Visa MasterCard

Signature of Card / Bank Account Holder (For Joint Accounts, all parties must sign) Name on Credit Card or Bank Account Account Class Standard Voice Service Plans

Services Requested Billing Rates Notes

Toll Free Service Rate @ 1.6 ¢ per minute all North America Attach Customer Service Profile Toll Free Service

Long Distance Rate @ 1.6 ¢ per minute all North America Attach LD/Account Code Listing if applicable

Calling Card Rate @ ¢ per minute

Local Service One Year Contract

Three Year Contract

Five Year Contract

Teledirect Entitlement

Centrex Lines

all Lines @ $ 33.95 ____ (Equivalent – Hunting) all Lines @ $ 33.95 ____ (Non. Equiv. – Standalone) Quantity of Telephone books

Attach Customer Service Profile

Telephone System Information (For Local Voice) Optional Notes Equipment Interconnect Company/Contact Interconnect Phone#

Local Link Line Contract (Yes / No) Yes No - Also subject to conditions in RFP-ITMS-2016-01

Business Line Contract (Yes / No) Yes No - Line no longer required can be disconnected without penalty.

Telephone System Contact Name - Managed Digital Business Lines at $29.95

Telephone System Contact No.

Customer Agreement Customer understands agrees to the “Terms of Service & Use” attached and listed online and is authorized to bind the Company for the procurement of the Services herein.

Customer Full Name (printed): Signature: _______________________________ Date: ______________

Telizon Authorized Representative: Arnold McAuley

Signature: _______________________________ Date: __________________

Terms of Service and Use Form Revision 1.0 Date Revised: 10.31.2011

The undersigned user (the “User” or “You”) hereby agrees with Telizon Inc (hereafter Telizon). and its officers, directors employees (collectively referred to as “TELIZON”) that in consideration of TELIZON opening an account (the “Account”) for the User to provide Telecommunication or related Services through TELIZON's facilities (the “Services”), the User agrees that use of the Services is subject to all of the following terms and conditions which are subject to the terms of the Services package (the “Plan”) chosen by the User (the “Agreement”).

GENERAL CONDITIONS OF USE 1.Where there are omissions errors or defects in transmission, or failures or defects in Bell Canada facilities (Bell-Arrticle 15), Telizon’s liability is limited to a refund of charges on request, proportionate to the length of time the problem existed. With regard to long distance service and short period private line service, the refund shall be computed in a similar manner, provided Telizon is advised promptly of the problem. No request is necessary where a problem in primary exchange service lasts twenty-four hours or more from the time Telizon is advised of the problem. However where the problem is occasioned by Telizon negligence, Telizon is also liable for the amount in accordance with Bell-Article 16.1 of Bell Canada Terms of Service. 2.If there is an increase in the cost of providing any contracted rate such as, by way of example, an increase in the cost of telephone charges from any underlying phone company (Bell Canada, Telus Etc) or any form of tax on internet use. Telizon will give you 60 days written notice of any increase to the rates of your services. As a result of this notice, you can, within 60 days of receipt of that notice, cancel your agreement with Telizon without penalty. You will be responsible for paying any charges you have incurred up to the date of cancellation. 3.Except as otherwise specified these Terms of Service (Bell-Article1) apply to services for which the Canadian Radio and Telecommunications Commission has approved a Tariff. These terms do not limit Telizon’s liability in cases of deliberate fault or gross negligence, or breach of contract where the breach results from the gross negligence of Telizon Tariffed services offered by Telizon through Bell Canada are subject to the terms contained within: (a) These Terms (b) Applicable provisions of Bell Canada’s Tariffs: and (c) Any written application, to the extent that is not inconsistent with these Terms or the Tariffs. (d) All the above bind Telizon through Bell Canada and its customers. Except with regard to physical injuries (Bell-Article 16), death or damage to customer premises or other property occasioned by its negligence, including negligence with regard to intercept, reference of call service and emergency service from coin telephones, and also for breach of contract where the breach results from the negligence of Telizon , Telizon is limited to the greater of $20 and three times the amounts refunded in Accordance with Articles 13.1 and 15.1 as applicable. Telizon/Bell Canada is not liable for: (Bell-Article 16) (a) any act or omission of a telecommunications carrier whose facilities are used in

establishing connections to points which Bell Canada does not directly serve: (b) defamation or copyright infringement arising from material arising from material transmitted

or received over Bell Canada facilities: (c) infringements of patents arising from combining or using customer-provided facilities with

Bell Canada’s facilities (d) Copyright or trademark infringement passing off or acts of unfair competition arising from

directory advertisements furnished by a customer or customer’s directory listings provided such advertisements or the information contained in such listings were received in good faith in the ordinary course of business.

4. Telizon reserves the right in the case of non-payment of services to not be held to a specific disconnect period. 5.Notwithstanding that TELIZON billing rates may be referred to or advertised as “monthly” the actual billing period is thirty (30) days, regardless of the length of the current month. All payments for non usuage based Services are billed in advance every thirty (30) days, commencing from the date the User’s Plan commences (when the User signs up with TELIZON) and continuing until termination of this agreement. Any account that is unpaid for more than 30 days after the invoice date will be considered to be in default, and there will be a charge of 1.25% per month (16.07% per year) on any amounts owed. Payments made which are returned for lack of funds or any other reasons will be in immediate default and subject to an additional fee of $25. Customer must provide a VOID for all pre-authorized cheque payments and authorizes Telizon to debit the account from time to time for the amounts listed on the Customer invoice that is due. The customer authorizes Telizon to conduct period credit evaluations and deny service based on the credit score or require a security deposit. 6. Telizon /Bell Canada (Bell-Article 3) is not required to provide service to a customer where: (a) Bell Canada would have to incur unusual expenses which the applicant will not pay for, for example , securing rights of way or for special construction; (b) The applicant owes amounts to Telizon that are past due other than as a guarantor,or (c) The applicant does not provide a reasonable deposit or alternative required pursuant to these Terms. 7. The User's access to Services may be restricted and the Account terminated at any time, without notice, if the User is in default of this Agreement. Upon such termination TELIZON will have no obligation to make any refund or other payment (including, without limitation, refund of set up fees, prepaid fees or other credits for future Services) to the User. Despite any such termination costs re-establishing services that have been disconnected may result in a Re-connection charge. Suspension or termination of service does not affect the customer’s obligation to pay any amount owed to TELIZON.

8. Where Telizon through Bell Canada does not provide service on application, it must provide the applicant with a written explanation upon request. Telizon or Bell Canada’s agents (Bell-Article 5) and employees may at reasonable hours, enter premises on which services are to be provided, to install, inspect repair and remove its facilities, to inspect and perform necessary maintenance in cases of network-affecting disruptions involving customer-provided facilities and to collect proceeds from coin telephones. Prior to entering premises, Telizon must receive permission from the applicant or another responsible person. Entry in cases of emergency is not subject to above conditions. Upon request Telizon or Bell Canada employees must show valid identification prior to entering the premises. 9. All communications and notices between TELIZON and the User will be conducted through E-mail unless otherwise agreed to by an authorised representative of TELIZON. All such communications and notices will be deemed received by the user three days after being sent by E-mail by TELIZON. The User specifically agrees that TELIZON has no obligation to send any other notice to the User, even in the event of default. All notices from the User for modifications, changes, upgrades or termination of Services will be effective only if presented to, and received by, TELIZON in writing or via E-mail. Such notices sent to TELIZON by the User must be confirmed by return E-mail to be effective. 10. Except where otherwise specified in its Tariffs or by special agreement (Bell-Article 4), Telizon through Bell Canada must furnish and install all facilities required to provide service. Bell Canada must bear the expense of maintenance and repairs required due to normal wear and tear to its facilities, except that Bell Canada through Telizon may charge for the additional expense incurred when the applicant or customer requires maintenance and repair work to be performed outside of regular working hours. This section does not apply where otherwise stipulated in Bell Canada Tariffs or by special agreement with Telizon Inc. A customer who has deliberately, or by virtue of a lack of reasonable care, caused loss or damage to Telizon/Bell Canada facilities, may be charged the cost of restoration or replacement. In all cases customers are liable for damages caused to Telizon/Bell Canada facilities by customer provided equipment. This includes any damage or loss of rental telephone equipment etc that Telizon is billing on behalf of Bell Canada. 11. Force Majeure. Neither party is liable for failure or delay in performance hereunder which is caused by strikes, shortages, failure of suppliers, riots, insurrection, fires, floods, storms, earthquakes, acts of God, war, governmental action, labor conditions, or other cause beyond its reasonable control. The failure to make any payment required under this Agreement shall never be excused under this force majeure provision. 12. TELIZON may by written notice to the User, cancel the Services if the user: (1) fails to perform or comply with any of the provisions of the order form or the Conditions of Service and Use (ii) commences any proceeding seeking relief or protection under any bankruptcy or insolvency laws, (iii) seeks to liquidate, dissolve or wind up its business or (iv) makes an assignment for the benefit of creditors for all or substantially all of its assets. 13. Customers are responsible for paying for all calls originating from, and charged calls accepted at, their telephones, regardless of who made or accepted them. Telzon shall not be responsible for any misuse whatsoever. Disputed amounts will be forwarded to the underlying phone companies (Bell, Telus Etc) for investigation and if denied by them, such amounts shall become due and payable. 14. Unless there has been customer deception with regard to a charge, customers are not responsible for paying a previously unbilled, or under billed charge except where: a) in the case of a recurring charge or a charge for an international long distance message, it is correctly billed within a period of one year from the date which it was incurred, or b) in the case of a non recurring charge other than for an international long distance phone call, it is correctly billed within a period of 180 days from the date it was incurred. Unless there has been customer deception, TELIZON cannot charge interest on the late billed amount. 15 This contract shall automatically renew for an equal term listed herein unless the customer has provided Telizon with sixty days written notice of its intent to cancel any portion of this agreement. In the event of termination prior to the expiry stipulated in the agreement for cancellation of substantially all of the services herein or the primary line or pilot phone number, a 100% early cancellation fee of the unused portion shall apply. For usage based services, the penalty will be the average monthly usage of the billed period multiplied by the remaining contracted months. Migration charges may apply in the event that Telizon is required to migrate customer services to an alternate carrier. 16.In the case of errors or omissions in the telephone directory, (Article 13) White and Yellow standard listings, whether or not the error or omission is with regard to a telephone number, Telizon/Bell Canada’s liability is limited to canceling any charge associated with such listings for the period during which the refund, or error or omission occurred. Telizon/Bell Canada is also liable for the amount calculated in accordance with Article 16.1 of Bell Canada’s Terms of service. In the case of errors in telephone numbers in the directory white and Yellow Page listings, unless central office facilities are unavailable, Bell Canada/Telizon must provide a reference of call service, free of charge, until termination of the customer’s service or distribution of updated directories for that district in which the number or listing is correct. (Bell-Article13). Customers do not have property rights in telephone numbers assigned to them. Bell Canada through Telizon may change such numbers, provided it has reasonable grounds for doing so and has given reasonable advance written notice to the customers in question, stating the reason and anticipated date of change. In cases of emergency, oral notice with subsequent written confirmation is sufficient. Unless specifically listed herein all lines are featureless and each feature must be subscribed to separately.

THE CORPORATION OF THE TOWN OF WASAGA BEACH

BY-LAW NO. 2016-119

A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE

TOWN OF WASAGA BEACH AT ITS REGULAR MEETING HELD THURSDAY JUNE 9, 2016

WHEREAS Section 5(1) of the Municipal Act, 2001, as amended provides that the powers of a municipality shall be exercised by its council; AND WHEREAS Section 5(3) of the Municipal Act, 2001, as amended, provides that municipal power, including a municipality’s capacity, rights, powers and privileges under Section 9 of the Municipal Act, 2001, as amended, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise; AND WHEREAS in many cases, action which is taken or authorized to be taken by the council does not lend itself to the passage of an individual by-law; AND WHEREAS the Council of The Corporation of the Town of Wasaga Beach adopted By-Law No. 2015-99, as amended, establishing rules of order and procedures for the Council; AND WHEREAS provision was made in By-Law No. 2015-99, as amended, for enactment of a Confirmatory By-Law at the end of each Regular or Special Council Meeting to confirm recommendations and actions approved at that meeting; AND WHEREAS the Council of the Town of Wasaga Beach deems it advisable and expedient that the proceedings of this meeting be confirmed and adopted by by-law; NOW THEREFORE this Council of the Corporation of the Town of Wasaga Beach HEREBY ENACTS as follows: 1. THAT the actions of the Council of the Corporation of the Town of Wasaga Beach, at

its meeting held on the date listed above in respect of every report, motion, resolution, declaration or other action passed, taken or adopted by Council at this meeting, including the exercise of natural person powers, except where approval of another authority is required by law or where implementation is subject to other legislation, are hereby adopted, ratified, and confirmed as if each report, motion, resolution or other action was adopted, ratified, and confirmed by a separate by-law.

2. THAT where no individual by-law has been or is passed with respect to the taking of

any action authorized in or by the above-mentioned minutes or with respect to the exercise of any powers by the Town of Wasaga Beach in the above-mentioned minutes, then this By-law shall be deemed for all purposes to be the by-law required for approving and authorizing and taking of any action authorized therein and thereby or required for the exercise of any powers therein by the Town of Wasaga Beach.

3. THAT any a member of Council who dissented from any action or proceeding or has

abstained from discussion and voting thereon shall be deemed to have dissented or abstained, as the case may be, in respect to this By-law as it applies to such action or proceeding.

4. THAT the Mayor or designate and the proper officials of the Town of Wasaga Beach

are hereby authorized and directed to do all things necessary to give effect to the said actions or to obtain approvals where required and are to execute all documents as may be necessary in that behalf, and the Clerk or designate is hereby authorized and directed to affix the Corporate Seal to all such documents.

5. THAT this By-law shall come into force and take effect on the date of its final

passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 9TH DAY OF JUNE, 2016. ___________________________ Brian Smith, Mayor ___________________________ Holly Bryce, Town Clerk