SEWAGE SYSTEMS RE-INSPECTION AGREEMENT

This Agreement dated on the 28th day of May, 2007

BETWEEN:

Grey Bruce Health Unit

(Hereinafter called “Public Health")

OF THE FIRST PART

AND

Town of SouthBrucePeninsula

(Hereinafter called the "Municipality")

OF THE SECOND PART

WHEREAS this Agreement is being entered into pursuant to the Building Code Act (hereinafter called the "Act"), for the purpose of contracting Public Health as the principal authority under the Act and the Building Code with respect to conducting a re-inspection program for existing sewage systems as defined in this agreement.

NOW THEREFORE IN CONSIDERATION of the mutual covenants herein contained, the parties hereto hereby agree as follows:

GENERAL

Section 1.01 Applications:

This Agreement shall be applicable to all lands where no municipal owned/operated sewers are available in the Municipality (hereinafter called the "Lands").

Section 1.02 Duties:

i. Public Health shall faithfully carry out its septic system re-inspection duties hereunder in accordance with the Act and the Building Code in force from time to time, this Agreement, and any other legislation contemplated hereunder.

  1. The Municipality shall faithfully assist Public Health, as may be reasonable, in the performance of its sewage re-inspection duties herein.

DEFINITIONS

Section 2.01 Terminology:

In this Agreement:

  1. "Sewage System" means any sewage works with a design capacity up to and including 10,000 liters per day serving one lot.
  2. “Inspector” means a sewage system inspector appointed under section 6.2(3) of the Act.

iii. “Principal Authority” means a board of health that has entered into an agreement under subsection 6.2(2).

iv. Re-inspection program for existing sewage systems duties include program administration, inspection criteria and public awareness.

DESCRIPTION OF RE-INSPECTION SERVICES

Section 3.01 Services:

Public Health shall provide the following services:

  1. Assign a staff Inspector to conduct a sewage systems re-inspection program within the downtown core of SaubleBeach as indicated on Schedule “A”to this agreement. Re-inspection program to also include water samples of the private drinking water supply located at the site of the inspection. These samples will be subject to the co-operation of the property occupant at the time of the inspection. Release of the data from the private well sample water results are also subject to the consent of the property occupant.
  2. The Health Unit will attempt with its best efforts to achieve 300 property re-inspections for the term of this contract. The municipality will do its best to assist in this regard.
  3. Maintain adequate records of all documents and other materials used in performing the duties required under this Agreement.
  4. Provide to the Municipality monthly reports on the inspections completed
  5. Provide the municipality an invoice with each of its monthly reports for the number of completed inspections.
  6. Provide the Municipality with a final summation report or all inspected properties.

FEES FOR SERVICE

Section 4.01 Fees:

The Municipality agrees to pay Public Health the sum of $188.00 per re-inspection reportfor its sewage system re-inspection services.

Section 4:02 Terns of Payment

The Municipality agrees to reimburse Public Health according to the terms of each monthly invoice it receives.

LIABILITIES AND INSURANCE

Section 5.01 Liability of Public Health:

Public Health shall indemnify and hold harmless the Municipality from and against all claims, demands, losses, costs, damage, actions, suits or proceedings by whomsoever made, brought or prosecuted in any manner based upon, arising out of, related to, occasioned by or attributable to the activities of the Board of Health in executing the services under this Agreement to the limits of the liability in its general insurance package.

Section 6.01 Insurance:

For the term of this Agreement, Public Health will, at its expense, maintain liability insurance contracts of the nature, in the amounts and containing the terms and conditions, if any, as in its general liability policy.

TERM OF AGREEMENT

Section 7.01 Term:

This Agreement shall continue in force for the time period commencing from June 1, 2007 and ending December 31, 2007.

MISCELLANEOUS

Section 8.01 Preamble:

The preamble hereto shall be deemed to form an integral part hereof.

Section 8.02 Gender, Etc.:

Whenever the singular form is used in this agreement and when required by the context, the same shall include the plural; the plural shall include the singular and the masculine gender shall include the feminine and neutral genders.

Section 8.03 Amendments:

This Agreement shall not be changed, modified, terminated or discharged in whole or in part except by instrument in writing signed by the parties hereto, or their respective successors or permitted assigns, or otherwise as provided herein.

Section 8.04 Assignment:

This Agreement shall not be assignable by either party hereto without the written consent of the other party being first obtained.

Section 8.05 Force Majeure:

Any delay or failure of either party to perform its obligations under this Agreement shall be excused and this Agreement is suspended if, and to the extent that, the delay or failure is caused by an event or occurrence beyond the reasonable control of the party and without its fault or negligence, such as, by way of example and not by way of limitation, acts of God, fires, floods, windstorms, riots, labour problems (including lockouts, strikes and slow-downs) or court injunctions or orders.

Section 8.06 Notices:

Any notice, report or other communication required or permitted to be given hereunder shall be in writing unless some other method of giving such notice, report or other communication is expressly accepted by the party to whom it is given and shall be given by being delivered or mailed to the following addresses of the parties respectively:

(a)To Public Health:

Grey Bruce Health Unit

Attention: Director of Finance and Administration

920 1st Avenue West

Owen Sound, OntarioN4K 4K5

(b)To the Municipality:

As shown in the local telephone directory, with appropriate postal code.

Any notice, report or other written communication, if delivered, shall be deemed to have been given or made on the date on which it was delivered to any employee of such party, or if mailed, postage prepaid, shall be deemed to have been given or made on the third business day following the day on which it was mailed (unless at the time of mailing or within forty-eight hours thereof should there be a strike, interruption or lock-out in the Canadian Postal Service in which case service shall be by way of delivery only). Either party may at any time give notice in writing to the other party of the change of its address for the purpose of this agreement.

Section 8.07 Headings:

The section headings hereof have been inserted for the convenience of reference only and shall not be construed to affect the meaning, construction or effect of this Agreement.

Section 8.08 Governing Law:

The provisions of this Agreement shall be construed and interpreted in accordance with the laws of the Province of Ontario as at the time in effect.

Section 8.09 Delivery:

Any agreement or report may be delivered by mail, facsimile or hand.

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first written above.

GREY BRUCE HEALTH UNIT

______

Dr. Hazel Lynn, Medical Officer of Health Date

"seal"

______

Joan Tod, Director of Finance and Administration Date

MUNICIPALITY

______

Gwen Gilbert, Mayor Date

"seal"

______

Malcolm McIntosh, C.A.O. Date

Authorized by By-law Number 45-2007