Loading...
HomeMy WebLinkAboutBy-law No. 2004-077 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2004-077 A BY-LAW TO AUTHORIZE THE EXECUTION OF A LETTER OF UNDERSTANDING BETWEEN THE MUNICIPALITY OF BAYHAM AND HARVAN CONSULTING("FOULDS") WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of executing a Letter of Understanding with Harvan Consulting("Faulds") NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: THAT the Mayor and Clerk be and are hereby authorized to execute the Letter of Understanding with Harvan Consulting("Foulds") attached hereto as Schedule"A" and forming part of this by- law; AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19TH DAY OF AUGUST 2004. . 1 A i - CL RIS Letter of Understanding between The Municipality of Bayham ("The Municipality") and HarVan Consulting ("Foulds") Effective( 9 1. The parties agree that R.H. (Bob) Foulds(HarVan Consulting) is retained by the Municipality to undertake an organizational review. 2. Foulds will: a) Undertake to perform the work assigned by the Mayor or her designate in a timely fashion b) Review preliminary work with the Mayor or her designate and attend meetings as requested. c) Undertake any other related work as assigned by the Mayor or her designate from time to time. 3. Foulds will treat as confidential,during as well as after the term of this project, any information concerning the affairs of the Municipality to which Foulds may become privy as a result of the performance of such services. 4. Foulds acknowledges that all rights to any documentation prepared by Foulds in the performance of the services pursuant to this agreement shall be vested in the Municipality. 5. The parties agree that this Agreement is an agreement for services and not an agreement of service, and that Foulds is independent from and not an employee of the Municipality. The payments to be made by the Municipality under this agreement constitute the sole obligations of the Municipality to Foulds and Faulds is not entitled to receive any employment benefits provided by the Municipality to its employees. Foulds shall assume full responsibility and liability for the payment of any taxes due on monies received from the Municipality and shall indemnify and hold the Municipality harmless from and against all claims or demands under the Income Tax Act of Canada and the Province of Ontario,in respect of withholding tax and any interest or penalties relating thereto,and similarly with respect to the Occupational Health and Safety Act, Workers' Compensation Act, Unemployment Insurance Act and Canada Pension Act, together with any costs or expenses incurred in defending such claims or demands. 6. Foulds will indemnify and save harmless the Municipality from any claims and actions that might arise from the provision of the services for which HarVan is being paid and hereby certifies that HarVan carries a commercial liability insurance policy in the amount of one million dollars. 7, The fees charged by HarVan Consulting for the services outlined above, which will be detailed and invoiced monthly, shall be in accordance with the"Fee Schedule"and the Proposal attached hereto with the following exceptions: a) The maximum charge for time spent in travel between Waterloo and Bayham or Waterloo and any other Municipality in South-Western Ontario will be 2 hours per round trip($100.00). b) Foulds will not charge for more than 51 hours for work ($5,100) or 18 hours of travel time ($900) unless the parties agree otherwise 8, Foulds acknowledges that the decision of the Mayor or her designate as to the reasonableness of any charge is final. 9. The Municipality may terminate this agreement on one (1)full business day's notice in writing to Foulds and Foulds may terminate this agreement on thirty(30)full business days' notice in writing to the Municipality. Executed by the Municipality Executed by HarVan Consulting of Bayham This/--7 o ;'. ,2004 This 2nd day of July,2004 Aol kPer f d' R, H. Foulds, Sole Proprietor t C r1C Proposal for Organizational Review - Municipality of Bayham Details 1 Hours Rate/Hr Expense Cost ` GST ' Total Cost Preliminary meeting with Mayor and Administrator for general overview of existing circumstances 3.0 100.00_ 300.00 21.00 32100 Travel(230 km.@$0.40/km)-est 92.00 92.00 6.44 98.44 Travel time(2 hours§$50/hr.) 2.0 50,00 100.001 7.00 107.00 Step.1.- _ Spend time with CAO and other staff(if required)to get thorough understanding of existing operation 5,0 100.00 500.00 35.00 535.00 Travel to Straffordville&Return 92.00 92.00 6.44 98.44 Travel time(2 hours @$50/hr.) 2.0 50.00 100.00 7.00 107.00 Step:.: _ Prepare draft paper outlining in concise form the services provided by Bayham and the manner in which they are delivered and obtain Bayham approval of the"overview 5.0 100.00 500.00 35.00 535.00 iaterii4 Contact 5 similar sized municipalities within Counties that have operations that are similar to Elgin to determine if Foulds can spend time with CAD to discuss operational matters. 3.0 100.00 300.00 21.00. 321.00 steps Meet with CAO of each municipality to discuss the operation, draft brief summary and forward to CAC for"sign-ofr(3 hour meeting and 2 hours to prepare report x 5 municipalities) 25.0 100.00) 2,500.00 175.00 2,675.00 Travel to visit 5 municipalities -1500 km @$0.40/km(estimate only) 600.00 600.00 42.00 642.00 Travel Time(limited to 2 hours per municipality) L 10.0 50.00 500.00 35.00 535.00 Step 6 Prepare preliminary report to be reviewed with Council in closed session(closed session is proposed because during the discussion it may be necessary to identify individuals in order for Council to better understand the"thrust"of the report) 6.0 100.00 600.00 42,00 642.00 Step t Meet with Council in closed session 2.0 100.00 200.00 14.00 214.00 Travel to Straffordville&Return _ 92.00 92.00 6.44 98.44 Travel time(2 hours @$50/hr) 2.0 50.00 100.00 7.00 107.00 +S'tep 8 Present final report to Council in open session 2.0 100.00 200.00 14.00 214.00 Travel to Straffordville&Return 92.00 92.00 6.44 98.44 Travel Time(2 hours @$50/hr) 2.0 50.00 100.00 7.00 107.00 Incidental expenses such as luncheons and provision for , printing of material,postage etc.[These items,if incurred,will be at cost] 250.00 250.00 17.50 267.50 Estimated Total fee for project 1,218.00 7,218.00 506.26 7,723.28 Please note: This is Foulds best estimate of the costs- Providing nothing unusual "pops up"or Foulds is asked to undertake additional tasks the fees of$6,000 will be the upset limit and expenses will be invoiced at costs. (Every effort will be made to keep the trips to Straffordville to a minimum) References: (1) Keith Reibling Township of Blandford - Blenheim (2) Susan Duke- Wellesley Twp. (3) Gord Burns, Township of South Frontenac (4) Pat Vanini at AMO (5)James Timlin - Ingersoll, (6) Penny Sharman, Township of North Frontenac HarVan Consulting Page 1 of 1 HARVAN CONSULTING EXPLANATION OF PROPOSAL— MUNICIPALITY OF BAYHAM Step Explanation 1 During preliminary meeting with Mayor Acre and CAO Kruger Foulds will get a feel for the municipality and how it operates so that he can get a handle on how to approach the information for comparative purposes. 2 Foulds will use the meeting in Step I to identify those staff members with whom he needs to meet in order to have a more detailed understanding of the current operation and some idea of the workload carried by the various staff members such as number of tax bills issued, kilometres of roads (paved and gravel etc. along with workload questions such as —is it evenly distributed? - are staff members used to potential?—are some staff members having trouble coping with the job requirements?Etc. etc. etc. 3 Foulds will prepared a draft paper as outlined in Step 3 of the proposal using as the basis the attached Schedules (or similar Schedules) from the most recent Financial Information Return and any benchmarking exercises the municipality has undertaken. Once this report has been approved by Bayham as being representative of the current situation it will be used as the basis for Step 4 4 Have Bayham Council agree on approximately 7 municipalities that appear to be as similar to Bayham as possible (Foulds will list 9-10 and suggest the 7 that he feels best suit the situation from which it is hoped at least 5 will agree to participate. Foulds will make all these contacts and assure the CAO that even though the list of municipalities will be known, each municipality will be given a reference code so that no particular municipality will be identified in reports that are submitted. Foulds finds that this _assurance is a must if one is to get the information required from the other municipal jurisdictions. 5 It is hoped that this can be accomplished in 5 hours for each municipality. This should be possible since Foulds will produce a `template"which should assist in keeping the discussions focused. 6 The preliminary report will make comparisons based on the detailed information obtained in Step 5 and state examples of situations where things are done differently (if this is the case) with the result being more effective use of employees. 7 The preliminary report will be presented to Council in Closed Session since it may be necessary to make reference to particular individuals in order that Council can appreciate the explanation. If this is the case the Municipal Act provides for the matter to be dealt with in Closed Session. It is presumed that Council will pass a motion in CIosed Session directing Foulds to prepare his final report for submission to Council in open session and Foulds will do so cognizant of the discussions that have taken place during the closed session. 8 Foulds will make his final presentation to Council in open session and be prepared to answer questions from Council and, if the Mayor requests, be present when the Mayor is interviewed by the media to provide factual information regarding the report.