Invitation to Tender - Brazeau County · Brazeau County (the County) by means of this Tender invites organizations to submit bids according to the County's requirements, hereinafter

Brazeau County – Invitation to Tender “Operation and Maintenance of Willey West Campground” Page 1 of 14

Invitation to Tender

FOR

“THE OPERATION AND MAINTENANCE OF

WILLEY WEST CAMPGROUND”

SE-10-49-7-W5M SW-11-49-7-W5M

CONTACT INFORMATION:

Colin Loose Parks & Recreation Supervisor

Brazeau County

Box 77 – 7401 Twp Rd 494 Drayton Valley, Alberta, T7A 1R1

[email protected]

Tel: 780-542-7777 Fax: 780-542-7770 www.brazeau.ab.ca

Closing Time

August 15, 2019 12:00 P.M. Mountain Time

mailto:[email protected]

http://www.brazeau.ab.ca/


1. PROJECT OVERVIEW

Brazeau County (the County) by means of this Tender invites organizations to submit bids according to the County's requirements, hereinafter referred to as services, which are described and detailed in Appendix “A”: Service Parameters.

2. BID DELIVERY & SUBMISSION

The closing time for this tender is August 15, 2019 at 12:00 P.M., Mountain Time. Bids must be received at the following address before the closing time:

Brazeau County Box 77 – 7401 Twp Rd 494 Drayton Valley, Alberta, T7A 1R1 Bids must be submitted in person, sealed in a plain envelope marked “BID SUBMISSION: OPERATION AND MAINTENANCE OF WILLEY WEST CAMPGROUND” to the attention of Colin Loose. Received bids that do not conform to these requirements may be rejected.

3. BID SUBMISSION EXTENSION REQUEST

Any request for an extension to the closing time will only be considered if received, in writing, 48 hours before the established closing time. Extension requests may not be granted.

4. ELEMENTS TO BE INCLUDED IN THE BID

i. Indicate all aspects of the general management, operation and maintenance services for the campground as

outlined in Appendix “A”: Service Parameters. ii. A risk management plan as outlined in Appendix “A”: Service Parameters. iii. The organization’s prior experience with the operation of similar recreational services and a list of references to

be contacted, if applicable. iv. The names and a resume for each of the personnel who will be involved with the services performed as set out

in the respondent’s bid. v. Indicate all services to be offered beyond the typical campground operations and indicate their associated fees. vi. A firm proposal of rates and fees and financial compensation remitted to the County as outlined in Appendix “A”:

Service Parameters. vii. Projected income statement for first year of operation as outlined in Appendix “A”: Service Parameters. viii. A signed copy of the Invitation to Tender, respondent’s bid and any addendums issued. ix. All interested proponents must attend mandatory on site meeting July 26, 2019 at 9:00 A.M. Mountain Time at

Willey West Campground. 5. ADDENDA

The County reserves the right to respond to questions, make clarifications and changes, in its sole discretion, to the Invitation to Tender at any time prior to the closing time through the issuance of addenda. Respondents are cautioned to ensure they have received and reviewed all addenda (if any) prior to submitting a bid. All addenda issued by the County form part of the Invitation to Tender. Addenda to the Invitation to Tender will be issued directly through Alberta Purchasing Connection only; the respondent is responsible for ensuring that addenda are received. The County is not responsible for ensuring proponents’ receipt of addenda.

6. FEES & REMUNERATION

The Invitation to Bid is for the contract of services as described in Appendix “A”: Service Parameters. i. All financial information must be quoted in Canadian funds, exclusive of GST. ii. Provide complete fee and financial compensation information as requested in the Service Parameters.

7. NEGOTIATION AND SELECTION

By submitting a bid, proponents accept that a contract may be negotiated between the County and the proponent whose proposal is evaluated as the best value for service. The County reserves the right to negotiate with any proponent, or more than one proponent. If the parties, after having negotiated in good faith, are unable to conclude a formal agreement, the County and the proponent will be released without further obligations other than any surviving obligations regarding confidentiality and the County may, at its discretion, contact the proponent of the next best rated bid and attempt to conclude an agreement with it, and so on until an agreement is reached. The County may at its discretion:

i. Negotiate with a proponent to award a contract for all or a portion of the work ii. Cancel the Invitation to Tender and issue a new tender with a new scope of work iii. Cancel the Invitation to Tender in its entirety.


8. COMMITMENT

Respondents are advised that the County makes no commitment under the Invitation to Tender. No contract shall be formed as a result of submitting a bid in response to the Invitation to Tender until and unless the County enters into a formal written contract with the successful proponent to provide the services.

The County is under no obligation to award a contract as a result of the Invitation to Tender and reserves the right to terminate the Tender process for any reason, at any time. The County may then do nothing, retender, sole source or complete the work with the County’s own forces.

Except as expressly and specifically permitted in these instructions to bidders, no proponent shall have any claim for any compensation of any kind whatsoever, relating to the Invitation to Tender including accepting a non-compliant bid, and by submitting a proposal, each proponent shall be deemed to have agreed that it has no claim.

9. CONTRACT TERM

The contract resulting from this request will cover the term specified in the Service Parameters. The contract term can be extended, based on mutual consent and on the respondent's acceptable performance.

10. CONTRACT

The successful proponent will be required to enter into the County’s Campground Service Agreement with the County. Submission of a bid indicates acceptance of all the terms of the Campground Service Agreement unless specifically noted in a statement of non-compliance. A draft copy of the Campground Service Agreement is included in Appendix “D”.

11. PROPOSAL VALIDITY PERIOD

All proposals will be valid and open for acceptance by the County for a period of 90 days from the closing time. 12. CLARIFICATION

The County reserves the right to seek clarification from any respondent to assist in the evaluation of its bid. 13. BID EVALUATION

Bids will be opened publicly on August 15, 2019 at 12:30 P.M. Mountain Time at the County Office, 7402 TWP RD 494 Drayton Valley, Alberta. Bids will be evaluated as soon as possible after bid opening. The County will use the following guideline to assist in evaluating bids.

Professional and Related Experience 25%

Proposed Fees, Return to the County and the Community 25%

Operating Plan 25%

Risk Management Plan 25%

14. ACCEPTANCE OR REJECTION

The County may, in its sole discretion, accept or reject for its consideration any and all proposals. The lowest or any bid may not necessarily be accepted. Without limiting the generality of the foregoing, the County may reject proposals which are:

i. Incomplete, obscure, irregular or unrealistic ii. Have one or more errors iii. Omit a fee or remuneration of any one or more items in a schedule iv. Fail to complete the information required in any appendix, tabulation or addendum v. Have not complied with applicable laws and legislations.

15. AWARD

The County reserves the right to reduce the total proposed fees or remuneration by deleting any portion or partial service of any section from any schedule and awarding to the low respondent as determined on the basis of such reductions, with all areas awarded to one respondent. Fees and dividends must remain firm for all areas regardless of the services awarded.

16. AMEND OR REVOKE PROPOSAL

A respondent may amend or revoke its proposal prior to the closing time by submitting a clear and detailed written notice

to the County.


17. COST OF PREPARATION

The respondent is responsible for all costs of preparing and presenting its proposal and, if applicable, any negotiation and finalization of any agreement with the County.

18. FREEEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (Alberta)

The County recognizes that each response may contain information in the nature of trade secrets or commercial, financial, labour relations, scientific or technical information of or about a respondent. The County also understands that responses to the Invitation to Tender are provided in confidence and protected from disclosure to the extent permitted under law. The County is, however, bound by the Freedom of Information and Protection of Privacy Act (Alberta) and all documents submitted to the County will be subject to provisions of this legislation. The respondent should identify appropriate parts of its bid as confidential since this will clearly establish its expectations toward the document, both to the County as a public body and to the Information and Privacy Commissioner in any review or refusal of access. The County, however, may not be able to meet these expectations in every instance.

19. FISCAL FUNDING

The respondent acknowledges that the County cannot make commitments beyond the County’s current fiscal year. In the event the approving authority does not appropriate funds for a purchase relating to the Invitation to Tender, the County shall notify the respondent of its intention to terminate the Invitation to Tender. Award is contingent upon receipt of funding. Pending the available budget for this contract, the County may proceed with part of the submitted scope until further funds are available to complete the whole scope, or because the funds might be from different sources. However, if the whole submission is falling within the available budget, than the whole submission may be considered as one package.

20. RECAPITULATION OF BIDS

The County reserves the right to internally publish the names of respondents and any summary cost information deemed appropriate by the County.

21. BID RETURN

Bids and accompanying documentation, upon receipt by the County, will become the property of the County and shall not be returned to the respondent.

22. LITIGATION

The County will not consider bids received from individuals or legal entities engaged in litigation with the County as a party adverse in interest at the time of the Invitation to Tender.

23. CONTRACT TERMS AND CONDITIONS

The County intends to issue an executed Campground Service Agreement resulting from the Invitation to Tender. 24. INVITATION TO TENDER INCORPORATED INTO BID

All of the provisions of the Invitation to Tender and addenda are deemed to be accepted by each proponent and incorporated into each proponent’s bid.


APPENDIX - A Service Parameters


A.1 BACKGROUND / INTRODUCTION

Willey West Campground, located approximately 6 km East of Drayton Valley along Highway #22, is a provincial owned campground leased to the County that offers 7 full service sites, 64 powered sites with 30 amp outlets, 24 powered sites with 15 amp outlets, 2 non-serviced sites and 2 group sites. Refer to Appendix “B”: Campground Facilities Map for geographic reference of facilities. The campground features a sani-dump, cookhouse with power, heated washroom with showers, an administrative office building with a general store, a playground, boat launch with day use area and an educational forest. The campsites are furnished with fire pits and picnic tables by the County. The campground is nestled in a mature pine forest along the North Saskatchewan River within the boundaries of Eagle Point Provincial Park. The campground typically operates from the beginning of May until the end of September. The water utilities are not able to operate in the winter due to freezing temperatures, and as such the campground is shut down during the off-season. The County will provide to interested proponents historical revenues and expenses for reference purposes; interested proponents should inquire with the contact for this Invitation to Tender. As these historical revenues and expenses are for reference only, the County in no way guarantees the financials provided.

A.2 OPERATION MINIMUM STANDARDS

Brazeau County requires Willey West Campground to be managed, operated and maintained by a positive and responsible operator. The operator must adhere to the following operational standards: - Manage and operate the campground annually from May 1 until September 30. - Manage and employ all human resources, financial, administrative, marketing and caretaking duties related to

the campground. - Undertake all operating expenses, including septic hauling, all utilities (year-round), and procuring wood. The

operator will be responsible for collecting garbage from sites and facilities and transferring it to a waste management bin provided by the County.

- Undertake all maintenance duties and expenses as outlined in Appendix A.3 and ensure the grounds are aesthetically pleasing for the public.

- Ensure all activities, maintenance and work is conducted in accordance with the statutory provisions of the Provincial Parks Act and Regulation.

- Ensure all staff and campground representatives display a professional demeanor, positive image and actively promote the campground and the region’s recreational opportunities.

- Ensure that a caretaker will be present on-site at all times throughout the operating season. - Ensure a professional appearance of the campground is maintained, the facilities remain in good working order

and all services are available during regular hours. - Collect all approved rates and fees, as set out in the Service Agreement. - Remit, to the County, all financial remittances in accordance with the proposal. - Develop and implement an approved risk management plan as described in Appendix A.4. - Obtain and maintain comprehensive or commercial general liability and automobile insurance as described in

Appendix A.5. - Comply with all applicable legislation, bylaws and regulations, as well as any written direction from the County. - Permit the public to access common areas for day-use without fee.

A.3 MAINTENANCE REQUIREMENTS

The operator must undertake the following maintenance activities: - All minor repairs and related expenses not exceeding $500.00. Minor repairs will include repairs to the

campground services, all utilities exempting the water well, and all facilities, amenities, structures and assets exempting the playground.

- All maintenance expenses, regardless of cost, including: painting buildings, amenities and facilities; performing maintenance on all utilities with the exception of the water well; maintenance on all facilities, buildings, and amenities exempting the playground; and performing maintenance on all vehicles, equipment and tools.

- All vegetation control including monitoring and controlling hazardous trees, mowing, grass trimming and potted vegetation care.

The County will provide up to 3 loads of gravel annually as deemed necessary by the County, maintain the water well, will inspect and maintain the playground, and will provide herbicide application services from time to time as determined necessary by the County for the control of weeds.

The operator should note that the County will only undertake repairs exceeding $500.00 if the County has given the operator prior written approval. The County retains the right to refuse any repair, expense or claim made by the operator. All of the campground’s losses, whether it be damage, theft, vandalism, disaster or liability, will be the sole responsibility of the operator.


A.4 RISK MANAGEMENT PLAN REQUIREMENTS

The operator must develop a risk management plan for Willey West Campground, which must include: - Detailed facility and area inspections including hazardous trees, fire risk, road and site hazards, and hazards

relating to utilities. Hazardous tree assessments must be completed prior to each operating season by an arborist with a recognized certification in hazardous tree assessments.

- Detailed public safety plan identifying procedures to deal with various public safety issues. - Overview of Occupational Health and Safety plan including process for recognizing, reporting and addressing

hazards and incidents. - Detailed emergency procedures responding to initial response to nuisance fires, first aid, problem animals, public

control issues, emergency communications and response to health advisories. - Detailed evacuation plans for the campground.

A.5 INSURANCE REQUIREMENTS

The operator must maintain the following insurance: - Insure its operations under a contract of comprehensive general liability insurance in an amount of not less than

five million ($5,000,000.00) dollars per claim which insurance shall: o Name Brazeau County as additional insured. o Require at least thirty (30) days written notice to the County by insurance provider if termination or

material alteration during the term. o Contain a provision that the Operator’s insurance is primary. o Contain a severability of interests’ clause and a cross-liability clause, where applicable.

- Automobile Liability Insurance on all vehicles owned, operated or licensed in the name of the Operator in an amount not less than $2,000,000.00.

- “All Risks” property insurance on a replacement cost basis on all property owned by the Operator, and such insurance is to extend to the Operator’s legal liability for the County’s equipment in its care, custody or control, including but not limited to all items listed under the Service Agreement. Coverage shall be in forms and amounts sufficient to cover the value of the destroyed property or the cost of its repair.

- Ensure that each policy of insurance required above is endorsed to provide the County with thirty (30) days advance written notice of cancellation or material change.

- Provide evidence satisfactory to the County that all required insurance is obtained prior to the commencement of the agreement, and shall promptly provide the County with a certified true copy of each policy.

A.6 PROPOSED FEES AND REMUNERATION

Proponents should indicate proposed rates and fees for the campground as part of their bid. Additionally, proponents should indicate a rate of remuneration for the County as a measure of gross revenue, being the total of all revenue, exclusive of GST, collected in respect of the operator for the sale of goods and services on or in respect of the premises including and without limitation, camping fees, group campground fees, reservation fees, firewood, groceries, concession items, space entertainment, sani dump fees. Proponents must include remuneration of no less than 15% of annual gross revenue, payable by February 28 annually for the preceding year, however must declare the remuneration rate as part of the bid. Any dispute about what is included in gross revenue shall be settled by the decision of the County, acting reasonably. Bids from organizations that are able to demonstrate added value to the community to offset or in lieu of financial remuneration may be considered.

A.7 PROPOSAL REQUIREMENTS, FORMAT AND RESPONSE

Interested organizations are encouraged to submit proposals for the operation and maintenance of Willey West Campground. In addition to the other proposal requirements identified in this RFP, organizations should also include all of the following information within the proposal: - Provide an organization overview, including a description of the organization’s business, operating structure and

experience. - List the organization’s key personnel and include their role within the organization and their experience. - Provide an overview of any proposed products or services outside of the operation minimum standards identified

in the Draft Service Agreement. This should include a description of operating requirements for each service or product, expected revenues and profit.

- Provide an overview of the operating plan, including a description of staffing and schedule; list of vehicles and equipment; promotion and advertising plan; and an overview of daily, weekly, monthly and annual duties and tasks relating to the campground’s operation and maintenance.

- Projected income statement for first year of operation; proponents must include projections of income statements for all subsequent years until break-even if demonstrating losses.

- Describe value-added services that the organization will contribute to enhancing the campground user experience and satisfaction; enhancing recreation opportunities in the region, and the efficiencies to be created in the campground’s operations.


- All interested proponents must attend mandatory on-site meeting July 26, 2019 at 9:00 A.M. Mountain Time. at Willey West Campground.

A.8 SCHEDULE/MILESTONES

Task Start Finish

RFP Release by the County July 17, 2019

Mandatory On-Site Meeting at 9:00 A.M. Mountain Time July 26, 2019

Deadline for vendor submissions (12:00 p.m.) & Bid Opening (12:30 p.m.) August 15, 2019

Vendor Selection Review August 16, 2019 September 17, 2019

Service Agreement Contract Approval and Bid Award by Council September 17, 2019

Service Agreement Contract Approval by Contractor October 18, 2019

Service Agreement Contract Award Meeting October 25, 2019

A.9 AUTHORIZATIONS

Signature: Date:

Brazeau County’s Director of Community Services:

Proposal Authorized Representative:


APPENDIX - B

Campground Facilities Map



APPENDIX - C

CAMPGROUND HISTORICAL REVENUES AND STATISTICS


C.1 DISCLAIMER/INDEMNIFICATION

The following revenues and expenses are provided for use as a reference only; the County in no way guarantees either the accuracy of the following information nor the financial performance of the campground. Proponents should not rely on the historical data provided, and Brazeau County does not imply that the following information represents the entirety of the historical revenues and expenses of the campground. Brazeau County will not be responsible for the financial performance of the campground, and the proponent agrees to hold the County harmless from any loss resulting from the following information.

C.2 HISTORICAL REVENUES & EXPENSES

Total Revenues 2018 Expenses*

2014 $154,047 Electricity $4,557

2015 $191,284 Propane $3,130

2016 $187,019 Liquid Waste Disp. $5,880

2017 $249,406 Firewood $14,490

2018 $281,118 Repairs & Maint. $19,005

Concession $12,032

Telephone $3,049

*Note: This is NOT a comprehensive list of expenses and is intended for informational use only

C.3 2019 RATES AND FEES

Non-powered sites $30 / night Reservation Fee $12 / booking

Powered only sites $38 / night Cook-house (day use only) $38 / day

Full hook up site $46 / night Sani dump $5 / dump

2nd tent in site $15 / night Firewood $11 / bundle

2nd unit in site $20 / night Firewood $30 / 3 bundle

Group campsite $150 / night Facility and boat launch day use No Charge


C.4 HISTORICAL OCCUPANCY

Year Sites

Available Nights

Occupied Days

Available Occupancy

May 2014 59 428 1829 23%

2015 72 513 2232 23%

2016 97 527 3007 18%

2017 97 615 3007 20%

2018 97 713 3007 24%

June 2014 63 595 1890 31%

2015 72 792 2160 37%

2016 97 928 2910 32%

2017 97 984 2910 34%

2018 97 118 2910 38%

July 2014 72 1024 2232 46%

2015 74 1291 2294 56%

2016 97 1155 3007 38%

2017 97 539 3007 46%

2018 97 512 3007 49%

August 2014 72 1096 2232 49%

2015 79 1196 2449 49%

2016 97 1064 3007 35%

2017 97 1503 3007 50%

2018 97 1618 3007 54%

September 2014 72 412 2160 19%

2015 81 530 2430 22%

2016 95 606 2850 21%

2017 97 694 2910 24%

2018 97 214 2910 7%

Average Occupancy

2014 2015 2016 2017 2018

34% 37% 29% 35% 34%


APPENDIX - D

Draft Service Agreement

Brazeau County

Service Agreement (2020 – 2024)

Willey West Campground

2

Table of Contents

Article 1 Definitions.................................................................................................................. 3

Article 2 Term, Renewal and Overholding ............................................................................... 4

Article 3 Use of Lands .............................................................................................................. 4

Article 4 Operator’s General Obligations ................................................................................. 4

Article 5 Operator’s Covenants to Operate and Maintain......................................................... 6

Article 6 Operator’s Financial Obligations and Operating Plan ............................................... 7

Article 7 Acknowledgement ..................................................................................................... 9

Article 8 Repair and Maintenance ............................................................................................ 9

Article 9 Insurance and Indemnity ............................................................................................ 9

Article 10 County Obligations .................................................................................................. 10

Article 11 Default, Appeal and Termination ............................................................................ 11

Article 12 Notice ....................................................................................................................... 13

Article 13 General Conditions .................................................................................................. 13

SCHEDULE “A” ......................................................................................................................... 16

SCHEDULE “C” ......................................................................................................................... 18

SCHEDULE “D” ......................................................................................................................... 20

SCHEDULE “E” ......................................................................................................................... 21

SCHEDULE “F” ......................................................................................................................... 23

SCHEDULE “G” ........................................................................................................................ 26

SCHEDULE “H” ........................................................................................................................ 28

3

THIS SERVICE AGREEMENT made as of the day of , 2019.

BETWEEN:

BRAZEAU COUNTY

(“the County”)

- AND -

(the “Operator”)

WHEREAS:

The County is the leaseholder of the Lands;

The County is prepared to have the Operator operate and maintain a campground on the Lands to

facilitate recreational activities;

The Operator wishes to operate and maintain the Willey West Campground on the Lands;

The County and the Operator wish to enter into this Service Agreement in accordance with the

terms and conditions of this Agreement;

Therefore, the Parties agree as follows:

Article 1 Definitions

In this Agreement:

1.1 “Agreement” means this Service Agreement;

1.2 “Annual Revenue” means the total annual revenue that the Operator earns in a calendar

year through its campground operations. Annual Revenue includes: concession and store

revenue; firewood sales; camping and reservation fees; programming and entertainment

fees; sani-dump fees; and any additional revenue that the County decides to include using

its sole discretion.

1.3 “Campground” means the Willey West Campground located on the Lands;

1.4 “Children” means individuals under the age of 18 years;

1.5 “Council” means the Council of the County;

1.6 “County” means the municipal corporation of Brazeau County;

4

1.7 “Improvements” mean any improvement, alterations, appliances and equipment made to

or constructed on the Lands and include any additions or replacements;

1.8 “Lands” mean the lands municipally described as Willey West Campground, Brazeau

County Alberta and legally described as

SE-10-49-7-W5M

SW-11-49-7-W5M

for greater clarity, as shown outlined in bold on the plan attached in Schedule “A” and

includes the Improvements on the Lands;

1.9 “Operating Plan” means the operating plan provided for in Article 6.8 of this Agreement;

1.10 “Operating Season” means the inclusive period of time in which the Operator conducts

business within the Lands pursuant to the dates set out in Schedule “D”.

1.11 “Party” means the County or the Operator; and

1.12 “Term” means the term set out in Article 2 in this Agreement.

Article 2 Term, Renewal and Overholding

2.1 The Term of this Agreement is for a period of 5 years commencing January 1st, 2020 and

ending December 31st, 2024, unless terminated earlier in accordance with this

Agreement.

2.2 At the expiry of the Term, the Parties may agree to renew this Agreement on terms and

conditions agreeable to them, with any renewal being subject to the County policies in

place at the time of renewal.

2.3 If at the expiry of the Term, the Operator overholds for any reason, it is deemed to be

occupying the Lands as a tenant on a year to year lease. During the overholding period,

the Parties may agree in writing to renew the Agreement in accordance with Article 2.2.

2.4 During any overholding period, in the absence of a written Agreement, the Operator shall

be subject to all the terms and conditions of this Agreement, except as to duration.

Article 3 Use of Lands

3.1 In consideration of the Operator maintaining and operating the Campground, the County

permits the Operator to use Lands for the Term, on the terms and conditions set out in

this Agreement.

Article 4 Operator’s General Obligations

4.1 The Operator must:

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a. collect approved fees from the public for use of the Lands, as described in

Schedule “B”;

b. remit a portion of revenues from the operation of the Campground to the County

as described in Article 6.6;

c. operate and maintain the Lands, as described in Schedules “E & F”;

d. provide public safety and control, as described in Schedule “G”; and

e. provide to the County when requested or required documentation, fees and

information regarding the campground and its operation;

f. obtain all permits, registrations and clearances required for the services and

operations provided by the Operator;

g. comply with all:

i. the terms and conditions of the Service Agreement;

ii. written directives and policies given by the County relating to this Agreement;

and

iii. applicable laws.


a. provide the County with copies of all promotional information it intends to use to

promote the Campground;

b. not use any information to which the County objects;

c. make available to the public any promotional material provided by the County;

and

d. promptly post closure, informational and safety notices from the County in a

prominent public place.


a. not misrepresent the Operator’s rights, status or obligations under this Agreement;

and

b. refrain from any act that would negatively affect the reputation or enjoyment of

the Campground.

4.4 The Operator and its staff must:

a. attend informational meetings at the request of the County;

b. deal directly with the representative of the County, being the Director of

Community Services or designate for the purposes of this Agreement; and

c. draft and implement procedures in order to provide safety and control for the

public and Staff.

4.5 The Operator may:

a. purchase advertising for the Lands, and

b. promote use of the Lands.

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a. obtain all permits, registrations and clearances required in respect of the

alternative operations of the Lands initiated by the Operator.

b. comply with all applicable laws; and

c. provide the County with proof of compliance upon request.

4.7 The Operator must ensure that its staff at the Lands are readily identifiable to the public

as the Operator’s staff and shall ensure that its staff provides a good quality of customer

service.

4.8 The Operator must ensure that the public has access to the Lands and that the Lands are

fully operational during the operating season.

4.9 The Operator must ensure that its staff are knowledgeable about the Lands and permitted

conduct in respect of the Lands.

4.10 The Operator is responsible for the conduct of its staff in respect of the Lands and the

public and any violation by the Operator’s staff is deemed to be a violation by the

Operator for the purposes of this Agreement.

Article 5 Operator’s Covenants to Operate and Maintain


a. immediately advise the County of any accidental damage or loss to the Lands

from any cause including fire, theft, vandalism or negligence of the Operator or

others;

b. operate in accordance with the Parks Control Bylaw 680-09;

c. operate in accordance with the statutory provisions of the Provincial Parks Act

and Regulation;

d. subject to the approval of the insurers of the Operator and the County, pay for or

repair, as required by the County, any damage to the Lands caused by the

Operator; and

e. return the Lands to the County in materially the same condition as the Lands were

received, with reasonable wear and tear expected, and subject to written

exceptions expressly allowing or requiring variations and excepting repairs due to

accidental loss that are covered under the County’s insurance program.

5.2 With respect to any fixtures and materials provided by the County and listed below, the

Operator must maintain and return to the County all equipment and fixtures that the

County provided, in a good state of repair. These shall include:

Brazeau County (as of January 1st, 2020)

<County’s non-fixed assets here to be determined upon agreement finalizing>

7

All electrical infrastructure (surface only)

All water infrastructure, including pressure system (surface only)

Operator (as of January 1st, 2020)

<Operator’s non-fixed assets here to be determined upon agreement finalizing >

5.3 The Operator may increase the above inventory as part of the operation of the

Campground.

5.4 The Operator is responsible to control the Lands pursuant to the risk management plan

during the Operating Season to ensure safe and orderly use including:

a. regulation of the movement and activities of users of the Lands,

b. regulation of access to the Lands,

c. regulation of the movement and use of vehicles and equipment on the Lands, and

d. contacting the County and other peace officers for enforcement.

5.5 The Operator must use reasonable efforts to ensure that, pursuant to the risk management

plan, the users of the Lands:

a. do not enter areas of the Lands that are, in the Operator’s opinion, unsafe due to

existing or potential hazards,

b. do not carry on prohibited activities, and

c. will be reasonably safe in using the Lands for the purposes for which they are

invited or permitted to be there.

Article 6 Operator’s Financial Obligations and Operating Plan


a. pay when due all taxes (including G.S.T.), assessments and charges that relate to

the Operator’s operations in respect of this Agreement;

b. obtain all permits, registrations and clearances required in respect of the operation

of the Campground;

c. collect all required fees from all public users who are obligated to pay fees to use

the Campground;

d. collect all fee increases commencing on the day that the increase is effective;

e. pay all money due to staff and other creditors arising in respect of operations

under this Service Agreement;

f. obtain prior written approval of the County, as well as any required permits,

registrations and clearances required for any use of the Campground other than its

use as a campground; and

g. provide the County with proof of compliance upon request.

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6.2 No later than February 28th each year during the Term, the Operator must provide the

County with a copy of the previous years audited financial statements.

6.3 The Operator represents that it is in good standing with Corporate Registry.

6.4 The Operator must not dissolve or otherwise change its status without giving the County

advance written notice of the changes.

6.5 If the Operator is a corporation, the Operator shall not sell, assign, transfer or dispose of

shares in the corporation without giving the County advance notice of the changes in the

ownership of the corporation.

Financial Remittance to County

6.6 The Operator must remit annually, to the County, funds equal to a percentage of the

Campground’s Annual Revenue for the year prior. The percentage of the Annual

Revenue is set at ___% for the duration of the Term.

6.7 The Operator’s remittance of funds shall be due no later than February 28th each year

during the Term.

Operating Plan

6.8 No later than 60 days before the first day of each Operating Season, the Operator must

submit to the County for approval an Operating Plan covering that Operating Season

which includes the following information:

a. description of recreational services proposed to be offered by the Operator within

the Campground;

b. a list of the fees the Operator proposes to charge for the following Operating

Season;

c. a copy of the advertising and promotional plan;

d. proof of insurance as outlined in Schedule “C”;

e. a risk management plan as outlined in Schedule “G”;

f. details on any changes to the Operator’s operations from the previous Operating

Season not otherwise identified in writing to the County;

g. names of the Operator’s key personnel and current contact person with a

description of their duties, responsibilities and experience;

h. any changes with respect to the Operator including principals, officers, addresses,

telephone and fax numbers;

i. any other information requested in writing by the County.

6.9 The Operating Plan must provide space for the County to indicate its written approval or

direction to amend the Operating Plan.

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6.10 If the County objects to the Operator’s proposed Operating Plan:

a. the County must notify the Operator of its objections in writing not less than 45 days

before the first day of the Operating Season;

b. within 7 days of receiving the County’s objections, the Operator must submit for the

County’s approval a revised Operating Plan to the County which addresses the

County’s objections.

6.11 No later than 45 days after the end of each Operating Season, the Operator must deliver

to the County a report setting out:

a. the occupancy and vacancy rates for each month during the Operating Season,

including a breakdown of the nature of the type of camping (i.e., tents, RV, etc.);

b. a detailed listing of revenues for each month in the Operating Season;

c. a breakdown of expenses for the Operating Season; and

d. any other information requested by the County concerning the Operator’s

operations under this Service Agreement.

Article 7 Acknowledgement

7.1 The Operator agrees:

a. to lease the Lands on an as-is basis; and

b. that the County has not made any warranties or representations whatsoever with

respect to the Lands.

7.2 Except for the obligations of the County expressly stated in this Agreement, the Operator

agrees that the County shall not have any obligations in connection with the Lands.

Article 8 Repair and Maintenance

8.1 The Operator shall at its own cost and expense keep and maintain the Lands in good and

sufficient repair to the standards as described in Schedule “D”.

8.2 If the Operator fails to repair any damage, it shall pay the County all costs and expenses

incurred by the County in repairing the damage within 5 business days of the County

providing the Operator with an invoice for the cost of the repair.

Article 9 Insurance and Indemnity

9.1 The Operator must obtain and maintain insurance in the amounts and on the terms set out

in Schedule “C”, and must submit proof of insurance to the County by April 15th annually

during the Term.

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9.2 The Operator shall indemnify and hold harmless the County, its councillors, employees

and contractors from and against all claims, demands, damages, expenses, actions, suits,

and costs on a solicitor and his own client basis and judgments made or recovered against

the County for damage and injury, including death, to the person or property of any

person, firm or corporation, arising out of the use operations of the Operator of the Lands,

by reason of the granting of this Agreement or by reason of any act or omission of the

Operator or any member, employee, agent, volunteer or contractor of it, except where the

damage or injury arises out of the negligence of the County, its employees and agents and

those for whom in law it is responsible.

9.3 The County shall not be held responsible or liable for any events, activities or

occurrences within or on the Lands during the Term.

Article 10 County Obligations

10.1 The County is responsible for the provision of directional highway signage for the

Campground.

10.2 The County may:

a. provide directives and policies to the Operator in respect of the required standards

for operation and maintenance of the Campground; and

b. ban fires in the County at any time.

10.3 The County retains all rights with respect to the Lands not expressly granted to the

Operator including the right:

a. for its representatives to have unimpeded access at anytime and anywhere in and

to the Lands;

b. to manage, protect, develop, construct, repair, alter, and maintain buildings,

equipment, structures, improvements and resources of the County in respect of the

Lands;

c. to grant further rights to use and occupy the Lands, provided the exercise of such

rights does not unreasonably interfere or compete with the Operator’s rights under

this Agreement;

d. to inspect the Operator’s operations in the Lands;

e. to amend, delete or replace existing operational standards and to introduce new

operational standards from time to time in consultation with the operator;

f. implement survey programs to obtain comments from Campground users with

respect to services provided in the Lands.

10.4 If, in the opinion of the County, temporary closure of the Campground is advisable for

any reason including concerns in respect of wind, flood, fire hazard, pollution or public

safety, then the Operator shall promptly cooperate in the closure of the Campground and

the County shall not be liable for any damage, expense or loss of the Operator as a result

of the closure.

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Article 11 Default, Appeal and Termination

Default

11.1 The Operator is in default of this Agreement if the Operator fails to do any of the

following:

a. pay when due any money payable pursuant to this Agreement;

b. comply with any obligations required by this Agreement;

c. keep the provisions of the Parks Control Bylaw 680-09;

d. follow the written directions of the County in respect of the Lands; or

e. provide a reasonable level of customer service to public users of the Lands.

11.2 If the Operator is in default of this Agreement, the County may notify the Operator in

writing of the Breach and require the Operator to remedy the breach within fifteen (15)

days of receiving the notice.

11.3 If the Operator fails to dispute the notice as set out below or fails to comply with the

notice or remedy the default in the time specified in the notice, the County may terminate

this Agreement upon written notice to the Operator.

Appeal

11.4 If the Operator disputes a written direction or decision of the County, the Operator must

notify, in writing, the County within 7 days of receipt of the written direction of its

objection and detailed reasons for the objection. The County must respond in writing

within 7 days of receipt of the objection.

11.5 If the Operator and the County do not reach agreement within 7 days after the Operator

receives the County’s response as provided for in Article 11.4, the Operator may appeal

in writing to Council or its delegate. In its notice, the Operator must include the direction

or decision of the County, the objection, the response of the County and detailed reasons

for appeal.

11.6 Council or its delegate must consider the appeal, including all written submissions.

Council or its delegate may, but is not required to, hear oral submissions from the

Operator and the County. Council or its delegate must make a decision in writing within

14 days of receiving the appeal. The decision of Council or its delegate is final and

binding upon the Operator and the County.

11.7 If the Operator does not object to a decision or written direction of the County or appeal

the response of the representative of the County within the time limits set out in Article

11.4, the written direction is valid.

Termination for Cause

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11.8 The County may give the Operator written notice of termination for cause of this

Agreement if any of the following events occur:

a. the Operator files a petition in bankruptcy, is adjudged bankrupt, makes an

assignment for the benefit of creditors, becomes insolvent or takes the benefit or

protection of any statute for bankrupt or insolvent debtors;

b. has goods or chattels of the Operator seized or possessed as a result of a security

interest or any creditor enforcement action;

c. an order is made or resolution is passed for the Operator to be liquidated or

wound up or if a petition is filed for the Operator to be dissolved, liquidated or

wound up;

d. the Operator is determined to be in default of any contract other than this

Agreement in effect between the Operator and the County;

e. the Lands are, in the County’s opinion, destroyed or significantly damaged by any

cause whatsoever;

f. the Operator vacates the Lands;

g. the Operator is struck from the Corporate Registry; or

h. the Operator fails to provide the County with evidence of insurance or proof of

filing its Annual Return.

Termination without Cause

11.9 The County may give the Operator written notice of termination without cause of this

Agreement if the Campground is, in the County’s opinion, required in whole or in part

for another public purpose.

11.10 The County may, without cause from or breach of this Agreement by the Operator,

terminate this Agreement for any reason at any time upon providing a minimum of 30

days’ written notice to the Operator.

General

11.11 The notices in Articles 11.2, 11.8, 11.9 and 11.10 are effective on the date set out in the

notice.

11.12 The Operator is not entitled to any compensation from the County, whether for damages

or otherwise, if this Agreement is terminated.

11.13 Within 30 days of expiry or termination of this Agreement, the Operator must remove all

chattels owned by the Operator from the Lands.

11.14 Upon expiry or termination of this Agreement, all improvements on, made to, affixed to

or buried under the Lands by the Operator vest in the County absolutely.

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11.15 Nothing in this Agreement shall operate to prevent the County from pursuing any remedy

available to it at law or equity. The Operator shall pay to the County, on demand, all

expenses attributable to such actions in respect of the Operator’s failure to perform its

obligations under this Agreement.

Article 12 Notice

12.1 Any notice, direction, consent or request given by the Operator or the County shall be in

writing and delivered to the address below, or as it may be amended from time to time:

a. Brazeau County

Brazeau County

Box 77

7401 TWP RD 494

Drayton Valley, Alberta T7A 1R1

Phone: (780) 542-7777

b. Operator

<Operator’s Name and address>

and shall be deemed to be served if delivered personally or sent by certified mail.

12.2 The Operator must designate in writing a current contact person for the purposes of this

Agreement.

12.3 Either party may change their address for service by notifying the other party in the

manner set out in this Agreement.

12.4 Notwithstanding any other provision of this Agreement, any notice, direction, consent or

request to be given by the County to the Operator is properly given if it is given to the

Operator’s designated contact person or posted in a conspicuous place on the Lands.

Article 13 General Conditions

13.1 The Operator is an independent contractor and not the agent, employee, joint venturer or

partner of the County and nothing in this Agreement gives the Operator any authority to

bind the County in any way.

13.2 The County and the Operator agree that this Agreement may be inspected by the Public at

the times and places specified by the County.

13.3 Each Schedule to this Agreement and each written operational standard provided by the

County to the Operator is an integral part of this Agreement. If there is any inconsistency

between the Articles of this Agreement and the Schedules, then the Schedules shall

govern.

13.4 No waiver by the County of any breach of this Agreement is binding unless given in

writing. No waiver of any breach of this Agreement shall constitute a waiver of any

further breach.

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13.5 The Operator shall not assign, transfer, mortgage, sublicense or grant any of its rights

under this Agreement without the prior written consent of the County, which consent may

be withheld for any reason.

13.6 Articles 9.2 through 9.3 and Schedule “G.4” survive the expiry or termination of this

Agreement.

13.7 The captions and headings in this Agreement are for convenience and are not to be

construed as defining or in any way limiting the scope or intent of the provisions of this

Agreement.

13.8 The law of the Province of Alberta governs this Agreement. The parties attorn solely to

the jurisdiction of the courts in the Province of Alberta.

13.9 If any part of this Agreement is found to be unenforceable, that part shall be considered

separate and severable and the other parts shall remain enforceable to the fullest extent

permitted by law.

13.10 In this Agreement, the word “may” shall be construed as permissive and empowering.

The words “must” and “shall” are to be construed as imperative.

13.11 Schedules “A” through “G” form part of this Agreement

13.12 This Agreement represents the entire agreement between the parties. The parties agree

that there are no representations, warranties or agreements, either written or oral, relating

to the subject matter of this Agreement which are binding on the parties and are not

contained in or referred to in this Agreement.

IN WITNESS WHEREOF the County and the Operator have executed this Agreement as of the

date first written above.

___________________________

Witness

OPERATOR Per:

Per:

BRAZEAU COUNTY

Per:

Per:

15

AFFIDAVIT VERIFYING

CORPORATE SIGNING AUTHORITY

CANADA ) I, of ________, Alberta

PROVINCE OF ALBERTA ) in the Province of Alberta

TO WIT ) MAKE OATH AND SAY:

1. I am an officer of <Operator’s Name> in the within instrument.

2. I am authorized by <Operator’s Name> to execute this instrument without affixing a

corporate seal.

SWORN BEFORE ME )

at ________. Alberta )

this day of _____. 2019. ) _________________________

_____________________________

A Commissioner for Oaths

in and for Alberta

Commission expires

16

SCHEDULE “A”

CAMPGROUND MAP

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SCHEDULE “B”

COLLECTION OF APPROVED FEES

All fees are approved by the County on an annual basis. The current schedule of fees shall

be provided to the Operator prior to April 30th of any given year and are the maximum

fees allowable.

First Unit Additional Tents

Additional Unit Additional

Tents for

Children

Non-Serviced $30.00 / Night $15.00 / per Night $20.00 / per Night No Charge

Power Service $38.00 / Night $15.00 / per Night $20.00 / per Night No Charge

Full Service $46.00 / Night $15.00 / per Night $20.00 / per Night No Charge

Group Sites $150.00 / Night $15.00 / per Night N/A No Charge

Reservation Fee $12.00/reservation (non-refundable

Day Use no charge for entry

** For Day Use – no more than 2 vehicles are permitted per site.

Cookhouse $38.00/day (charge applies only if they use power and are not registered

guests)

**The public may use the cookhouse, however the cookhouse is not permitted to be rented.

Sani-dump $5.00/dump

**Sani-dump charge applies only if the unit is not an overnight guest.

Firewood Permit $11.00/bundle

Extended Stay: get 2 nights free when staying 14 nights

No fee other than those described by the County will be charged by the Operator unless written

approval is obtained by the County.

MAXIMUM OF A 14 CONSECUTIVE NIGHT STAY IS PERMITTED, AS PER THE

PARKS CONTROL BYLAW 680-09

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SCHEDULE “C”

INSURANCE

Vehicles and Equipment

C.1 The Operator must submit a list of vehicles and equipment to be used in the operation of

the Campground and must:

a) provide copies of registration and insurance documents for all vehicles used for

the operation or maintenance of the Campground; and

b) equip all vehicles with identifying signs showing the Operator’s company name.

Insurance

C.2 The Operator is responsible to obtain and maintain the following insurance:

a. comprehensive general liability insurance in an amount of not less than five

million ($5,000,000.00) dollars per claim which insurance shall:

i. name Brazeau County as additional insured;

ii. require at least thirty (30) days' written notice to the County of termination

or material alteration during the Term,

iii. contain a provision that the Operator’s insurance is primary, and

iv. contain a severability of interests clause and a cross-liability clause, where

applicable.

b. Automobile Liability Insurance on all vehicles owned, operated or licensed in the

name of the Operator in an amount not less than $2,000,000.00;

c. “All Risks” property insurance on a replacement cost basis on all property owned

by the Operator, and such insurance is to extend to the operator’s legal liability

for the County’s equipment in its care, custody or control, including but not

limited to all items listed under Article 5.2. Coverage shall be in forms and

amounts sufficient to cover the value of the destroyed property or the cost of its

repair.

C.3 The Operator is liable for the cost of all of the insurance required to be held by the

Operator as set forth in this Agreement and for payment of all deductible amounts from

such policies of insurance. The Operator is required to provide the County with proof of

insurance prior to the commencement of the Agreement term and annually thereafter.

C.4 The Operator shall ensure that all insurance coverage is maintained in accordance with

this Agreement and shall provide that no such insurance policy may be cancelled without

the insurer providing no less than thirty (30) days’ written notice of such cancellation to

the County.

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C.5 The County reserves the right to approve the insurer and any policy of insurance obtained

by the Operator.

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SCHEDULE “D”

OPERATING SEASON

D.1 The Operator must not begin operating any later than May 1st and must not close any

earlier than September 30th annually. The Operator must not begin operating any earlier

than April 1st and must be closed no later than October 31st annually. The Operator may

only operate outside of these annual dates with prior written consent from the County.

D.2 Any business conducted by the Operator during the off-season must be levied

congruently with the fees set out in Schedule “B”.

D.3 The Operator must have at least 75% of the campsites and all group areas operational by

May 1st annually and must keep these facilities operational until September 30th annually.

The Operator must have 100% of the camping facilities operational by May 15th

annually, and must keep the facilities operational until September 30th.

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SCHEDULE “E”

OPERATIONAL STANDARDS

Visitor Information

E.1 The Operator must be able to demonstrate that:

a. all campers registered and in assigned sites; and

b. information brochures provided by the County are available for distribution to

Campground users.

E.2 The Operator must ensure that:

a. all campground services, excluding camper registration, are available to the public

at all times;

b. all staff are knowledgeable about the facilities and recreational opportunities both

within the campground and in surrounding areas;

c. all staff conduct themselves in a positive and professional manner; and

d. when gates are locked, staff are available to provide ingress and egress to the

Campground.

Campground Registration

E.3 The Operator must ensure that:

a. registration for the Campground is open no later than 11:00 a.m. and remains

open until 8:00 p.m.;

b. all registrants complete and submit a release of liability, to be produced and

provided by the Operator, pursuant to Schedule “G”;

d. compliance checks are completed for the Campground on regular intervals;

c. all registrants are provided a copy of the rules and regulations of the Campground,

to be produced and provided by the Operator, pursuant to Schedule “G”.

Firewood

E.4 The Operator must provide firewood services for Campground users. The Operator is to

specify how firewood services will be provided pursuant to Schedule “B”.

a. Firewood sold by the Operator must meet the following specifications:

i. Pressed logs are permissible provided they are compressed sawdust, and

contain no toxic substances. Pressed logs must be suitable to use for

cooking. The Operator must provide a list of ingredients and a sample of

the product to the County for it approval, before the County approves the

pressed logs for sale.

ii. No Elm may be sold as firewood unless it has been harvested in Alberta.

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iii. Balsam Poplar may only be sold if the wood has been generated through

canopy management projects within the Campground or if Balsam Poplar

is the only commonly available wood. The wood must be sufficiently

cured to burn readily.

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SCHEDULE “F”

MAINTENANCE AND REPAIRS

Minor Repairs

F.1 The Operator is responsible to undertake and pay for all minor repairs to all buildings,

facilities and chattels within the Lands, as identified in Schedule “F.3”.

F.2 The Operator shall promptly complete all minor repairs that are required to ensure the

Lands are maintained to a safe and fully operational condition. Minor repairs include, but

are not limited to:

a. tightening, adjusting, lubricating or replacing hardware;

b. repairing or replacing locks, screens, windows, doors, taps, paper dispensers,

damaged or rotted posts or boards, nonfunctional or damaged fixtures and other

equipment;

c. in relation to the water system: valve changes, changing of taps, washers or minor

repairs to the system;

d. in relation to buildings and structures: all painting, asphalt roof shingle or roofing

replacement, or minor rotten boards; and

e. spot painting.

F.3 A repair is a minor repair if the reasonable cost of the single repair is less than $500.00.

Major Repairs

F.4 The County is responsible to undertake and pay for all reasonable major repairs to all

buildings, facilities and chattels within the Lands. A repair is a major repair if the

reasonable cost of the single repair is in excess of $500.00.

F.5 The Operator may only undertake major repairs and be reimbursed for the cost if the

Operator obtains prior written approval of the County for the major repair and for the cost

of the repair including the maximum hourly rate for labour. To be eligible for

reimbursement, the Operator must provide the County with properly executed invoices

and submit the request using the form attached in Schedule “H”. In an emergency

situation, the Operator must use their best judgment and discuss with the County at the

soonest possible time afterwards.

Operator Maintenance Responsibilities

F.6 The Operator shall be responsible for painting or staining or both of the Improvements on

the Lands. The County will provide paint and stain products at the expense of the

Operator.

a. Paint and Stain specifications or equivalent to be used:

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“California Rustic” non-tracking stain or similar color (“Scarlet Oak”). Any

deviation of color must be approved of by the County prior to the application

thereof.

Maintenance Standards

F.7 The Operator shall ensure that the Lands are maintained to the following standards:

a. Solid Waste Containers All surfaces shall be clean and free from strong odors.

b. Container Cleaning Waste containers shall be free from greases, stains, strong

odors, insect infestations and accumulated garbage build-

up. No litter or debris around containers.

c. Solid Waste Removal All containers shall be emptied before reaching full

capacity. Container plastic bags must fit the design for the

type of container. All lids must be in place on cans if

applicable.

d. Grass Cutting Lawns will present an evenly cut appearance. Grass height

must be kept between 2 – 4” of height at all times. No

excessive grass clippings will accumulate within the

Campground. Tall grass shall not be present around trees,

structures or buildings. Infestations of noxious or

prohibited noxious weeds shall not be present. Lawns shall

be free of litter and debris. There shall be no damage to

tree trunks, roots or limbs. Lawn will not have missed

areas, scalped turf, or damage resulting from fuel or

lubrication.

e. Tree and Shrub

Maintenance

Trees and shrubs in landscaped areas shall be maintained in

a healthy vigorous condition, free from disease and insect

infestation.

f. Vegetation Clearing Prior to the beginning of the campground opening, the

operator is responsible for conducting a hazardous tree

assessment. This must be conducted by an arborist with

recognized certification in hazardous tree assessment. Trees

that pose an immediate threat must be removed by the

Operator. Vegetation must not encroach into the

designated space of campground sites, parking areas,

roadways or other related areas. The Operator must

maintain a 0.5 m to 1.5 m vegetation free buffer around site

marker posts, hand pumps, garbage container, buildings,

signage, etc. No dead, broken or diseased trees or limbs

25

shall be present within the Campground. Any herbicide

spraying must be approved by the County in advance and

only be completed by a licensed operator.

g. Litter Pick-Up All areas will remain free of litter. Partially burned wood,

ash piles and improvised facilities must not be present.

Firewood must not be scattered around sites and other areas

in the Campground.

h. Cookhouse Stove Cleaning Shall remain free of baked on grease and food remnants.

No ash or debris accumulations.

i. Table Bench Cleaning Shall remain free of caked on debris. Surfaces as clean as

finished surfaces permit. Bird droppings, cobwebs and

cocoons removed. No broken boards or unsightly graffiti

shall remain.

j. Woodbins Woodbins are to be kept at least half full with wood at all

time. All bark, dirt, debris are to be removed from bins on a

regular basis.

k. Facility Sweeping Cookhouse floors and sidewalks must be clean from wood

chips, dirt or mud.

l. Facility Maintenance All facilities and fixtures must remain in a safe functional

condition and in good repair at all times, with no graffiti or

vandalism evident. All painted surfaces are to have an

intact protective finish. Preventable maintenance is to be

preformed to any mechanical equipment as per

manufacturers recommendations. Building and its

components to remain operational and as originally

designed.

m. Building Cleaning

(including toilet and

campshelters)

All structures to be clean at all times. All dispensers full

and operating properly. Deodorant bars present where

required. All surfaces disinfected. No graffiti or

vandalized components. No cobwebs, cocoons, insect nests

or insect infestations. No objectionable odors present.

n. Campsite Cleaning All sites are to remain free of litter and woodchips. Fire

pits must meet standards stated under camp stoves. Gravel

pads are to be maintained as level as possible and raked

occasionally. Gravel pads must be free of any vegetation.

o. Electrical The cost to supply the monthly power to the campground

shall be at the sole cost of the Operator.

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SCHEDULE “G”

RISK MANAGEMENT PLAN

General

G.1 The Operator shall annually review, update, and submit to the County for approval a risk

management plan as part of the Operating Plan.

G.2 The Operator is responsible for ensuring campground staff understand and adhere to the

procedures and standards outlined in the risk management plan.

Waiver and Release of Liability

G.3 The Operator must ensure all Campground users complete a waiver and release of

liability as part of the risk management plan. The waiver and release of liability must:

a. release the Operator, the County, and all associated with the Operator or the

County from any and all liability associated with the Campground;

b. include a release from all damage, injury, death or loss of any kind;

c. release all liability from all forms of causation, including negligence and

unforeseeable risks;

d. be approved by or may be supplied by the Operator’s insurance provider; and

e. be approved by the County as part of the risk management plan.

G.4 The Operator must retain copies of all waivers and releases of liability for a minimum of

seven years following the date of the signed release, and the Operator must not destroy

any waivers or releases of liability without prior written consent of the County.

G.5 Schedule G.4 shall continue to survive the expiry of this Agreement.

Rules & Regulations of the Campground

G.6 The Operator shall set rules, pursuant to the Parks Control Bylaw 680-09, to regulate and

control the public within the Campground to ensure the public’s and staff safety.

G.7 The Operator is responsible for ensuring that all members of the public on the Lands

remain compliant with the rules, pursuant to the Parks Control Bylaw 680-09. Failure to

do so by the Operator shall be considered a breach of this Agreement.

Incident Reporting

G.8 The Operator is responsible for reporting all incidents and infractions to the County

within 7 days from the date of occurrence. Incidents include:

a. all regulation breaches;

b. all injuries of participants or non-participants on the Lands;

c. all near-misses;

d. all security incidents; and

27

e. all damage to the Lands or occurring on the Premise.

G.9 The Operator must report all serious incidents to both the County and the R.C.M.P. The

Operator is responsible for dealing with minor incidents immediately.

G.10 The Operator shall ensure that the following details are recorded:

a. name and contact of person(s) involved;

b. name and contact of witness(es);

c. description of incident;

d. description of loss, injury or damage;

e. description of corrective actions taken;

f. if major repair necessary, formal written request accompanying incident record.

Occupational Health & Safety

G.11 The Operator shall:

a. be responsible for the safe condition and operation of the Lands;

b. comply with all legislation, including the Occupational Health and Safety Act

R.S.A. 2000 c.O-2 and the Workers’ Compensation Act, R.S.A. 2000 c.W-15, and

the other terms and conditions of the Agreement; and

c. acknowledge that the Operator is the prime contractor as defined in the

Occupational Health and Safety Act, R.S.A. 2000 c.O-2. The Operator assumes

all of the responsibilities as the prime contractor and shall, as a condition of this

Agreement, implement a safety plan that will ensure compliance with the

Occupational Health and Safety Act, R.S.A. 2000 c.O-2 and regulations by other

contractors and employers, as defined under the Act, present on the Lands.

Security Standards

G.12 The Operator is responsible for security of all public facilities and buildings within the

Lands for the duration of the contract.

G.13 The Operator must ensure that staff are present at the Campground on a continual basis

during the Operating Season. All staff conducting security must be a minimum of 18

years old and must be sufficiently capable to ensure:

a. visitors are able to receive information and assistance from staff;

b. facilities remain secure and functional;

c. gates are able to be opened in an emergency after hours; and

d. basic security services are provided and emergencies are managed should they be

necessary.

G.14 The Operator will ensure that gates are closed from 11:00 p.m. until 6:00 a.m.

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SCHEDULE “H”

FUNDING/IN-KIND REQUEST FORM

Documents

Invitation to Tender - Brazeau County · Brazeau County (the County) by means of this Tender invites organizations to submit bids according to the County's requirements, hereinafter