REPORT TO SOUTHERN GULF ISLANDS HARBOURS …

Agenda Item 12

REPORT #SGIHC 2017-04

REPORT TO SOUTHERN GULF ISLANDS HARBOURS COMMISSION MEETING OF FRIDAY, FEBRUARY 10, 2017

SUBJECT AWARD OF RFP 2017-209 - DOCK OPERATIONS COORDINATOR SERVICES

FOR SOUTHERN GULF ISLANDS HARBOUR SERVICES ISSUE The purpose of this staff report is to seek the approval of the Southern Gulf Islands Harbours Commission (Commission) to award Request for Proposal (RFP) 2017-209 for the Dock Operations Coordinator Services for Southern Gulf Islands Harbour Services. BACKGROUND At their meeting of October 28, 2016, the Commission directed staff to undertake a procurement for the supply of Dock Operations Coordinator Services for the Southern Gulf Islands Harbours Services following the retirement of the previous Dock Operations Coordinator, Al Cannon, at the end of his agreement term. The Capital Regional District (CRD) issued RFP 2017-209 for the supply of services on January 6, 2017, with a closing date of January 31, 2017. The agreement term will commence on March 1, 2017 and end on December 31, 2017, with an opportunity to extend the term for four one-year periods. The RFP document is attached (Attachment A) for reference. The Southern Gulf Islands Harbours Service annual operating budget provides for funding of this service. The CRD received one proposal in response to the RFP from Mr. Peter Binner, who is also currently under agreement with the CRD to provide wharfinger services at the Hope Bay Dock on Pender Island. Mr. Binner’s proposal is compliant and his current wharfinger services agreement does not preclude him from also holding the Dock Operations Coordinator Services agreement. Mr. Binner has a 19-year history with the dock services on the Southern Gulf Islands and is familiar with the Commission and CRD operations. ALTERNATIVES Alternative 1 That the Southern Gulf Islands Harbours Commission award RFP 2017-209 for the Supply of Dock Operations Coordinator Services for Southern Gulf Islands Harbour Services to Mr. Peter Binner. Alternative 2 That the Southern Gulf Islands Harbours Commission not award RFP 2017-209 for the Supply of Dock Operations Coordinator Services for Southern Gulf Islands Harbour Services and direct staff to recommend alternative approaches for delivering the service.

IWSS-928280410-5109

Southern Gulf Islands Harbours Commission – February 10, 2017 Award of RFP 2017-209 - Dock Operations Coordinator Services for Southern Gulf Islands Harbour Services 2 IMPLICATIONS The supply of Dock Operations Coordinator Services under agreement has proven, under the previous agreement, to be an effective service to coordinate communications and operational needs between the various wharfingers, Commissioners, and CRD staff, as well as undertake minor operational and maintenance tasks required at the docks. CONCLUSION The proposal received from Mr. Peter Binner for RFP 2017-209, for the Supply of Dock Operations Coordinator Services for Southern Gulf Islands Harbour Services, meets the terms of the RFP. Mr. Binner has a 19-year history with the dock services on the Southern Gulf Islands and is familiar with the Commission and CRD operations, and continues to provide reliable service under his wharfinger services agreement for the Hope Bay Dock on Pender Island. RECOMMENDATION That the Southern Gulf Islands Harbours Commission award RFP 2017-209 for the Supply of Dock Operations Coordinator Services for Southern Gulf Islands Harbour Services to Mr. Peter Binner. Submitted by: Ted Robbins, BSc., CTech, General Manager, Integrated Water Services

TR:mm Attachment: A - Request for Proposal (RFP) 2017-209 for the Dock Operations Coordinator Services for

Southern Gulf Islands Harbour Services

IWSS-928280410-5109

INTEGRATED WATER SERVICES

Request for Proposal RFP No. 2017-209

Supply of Dock Operations Coordinator Services for Southern Gulf Islands Harbour Services

January 2017

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CAPITAL REGIONAL DISTRICT

Request for Proposals

Contents

1. Instructions to Proponents ....................................................................................................................... 1 Invitation ........................................................................................................................................ 1 Closing Time and Date for Submission of Proposals .................................................................... 1 Not a Tender .................................................................................................................................. 1 Proposal Documents ..................................................................................................................... 1 Inquiries ......................................................................................................................................... 2 Addenda ........................................................................................................................................ 2 Late Proposals ............................................................................................................................... 2 Amendments to Proposals............................................................................................................. 2 Examination of Contract Documents and Site ............................................................................... 2

2. Proposal Submission Form and Contents ............................................................................................... 3 Package ......................................................................................................................................... 3 Form of Proposal ........................................................................................................................... 3 Signature ....................................................................................................................................... 3

3. Evaluation and Selection .......................................................................................................................... 3 Evaluation Team ............................................................................................................................ 3 Evaluation Criteria ......................................................................................................................... 3 Litigation ........................................................................................................................................ 4 Additional Information .................................................................................................................... 4 Interviews ....................................................................................................................................... 4 Multiple Preferred Proposals ......................................................................................................... 4 Negotiation of Contract and Award ................................................................................................ 4 No CRD Obligation ........................................................................................................................ 5 Proponents Expenses .................................................................................................................... 5

No Contract .................................................................................................................................... 5 Conflict of Interest .......................................................................................................................... 5 Solicitation of CRD Staff, Board Members, Contractors ................................................................ 5 Disclaimers/Limitations of Liability ................................................................................................. 5 Confidentiality ................................................................................................................................ 5 Ownership of Proposals and Freedom of Information ................................................................... 6 Time ............................................................................................................................................... 6 Acceptance of Terms ..................................................................................................................... 6

List of Appendices

APPENDIX A – SCOPE OF SERVICES APPENDIX B – FORM OF PROPOSAL APPENDIX C – EVALUATION FORM APPENDIX D – REFERENCES APPENDIX E – SAMPLE CONTRACT FOR SERVICES APPENDIX F - BYLAW No. 2844 SGIHC APPENDIX G- DOCK INSPECTION REPORTS


REQUEST FOR PROPOSAL SUPPPLY OF DOCK OPERATIONS SERVICES FOR SOUTHERN GULF ISLAND HARBOUR COMMISSION

RFP NO. 2017-209

1. Instructions to Proponents

Invitation

The Capital Regional District (“CRD”) invites detailed proposals from consultants (the "Proponents") in strict accordance with these Proposal Documents (CRD, RFP No. 2017-209). The proposals will be evaluated for the selection of a consultant (or consultants) with the intent to enter into a contract (the “Contract”) to provide the services described in Appendix “A”.

The CRD provides small craft harbours (docks) at 11 locations in the Southern Gulf Islands and Swartz Bay. These harbours provide a vital link to island community residents and visitors by providing moorage, access points for supplies and mail delivery as well as for water taxies. The CRD is seeking proposals from individuals or companies to act as a Dock Operations Coordinator

The remuneration for the position is set by the Commission for the Southern Gulf Islands therefore, the criteria in the evaluation process will not include a financial component. Remuneration can be reviewed in Appendix E of this RFP.

A Contract will not necessarily result from this Request for Proposal (RFP).

Closing Time and Date for Submission of Proposals

The CRD will accept 3 copies of each proposal, in accordance with the instructions contained herein, at the following specific physical location:

Attention: Kevin Evans, Purchaser Address: Capital Regional District

Integrated Water Services 479 Island Highway Victoria, BC V9B 1H7

On or before the following date and time (the “Closing Time”):

Time: 15:00:00 Date: January 31, 2017.

The CRD reserves the right to extend the Closing Time at its sole discretion.

Proposals must not be sent by fax or electronically.

Not a Tender

This is a Request for Proposal and not a tender call.

Proposal Documents

Please use and reference the above RFP number on all correspondence.

Proponents are advised to read and respond appropriately to all sections of the RFP.

Incomplete proposals may be rejected at the sole discretion of the CRD.

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Inquiries

All inquiries related to this RFP, including whether or not the Contract has been awarded, should be directed in writing to the person named below (the “CRD Representative”). Information obtained from any person or source other than the CRD Representative may not be relied upon.

Name: Kevin Evans, Purchaser Address: 479 Island Highway, Victoria, BC V9B 1H7 Fax: 250.474.9659 Telephone: 250.474.9674 Email: [email protected]

Inquiries should be made no less than seven (7) days prior to Closing Time. The CRD reserves the right not to respond to inquiries made less than seven (7) days prior to Closing Time. Inquiries and responses will be recorded and may be distributed to all Proponents at the discretion of the CRD.

Proponents finding discrepancies or omissions in the Contract or RFP, or having doubts as to the meaning or intent of any provision, should immediately notify the CRD Representative. If the CRD determines that an amendment is required to this RFP, the CRD Representative will issue a written addendum to the Proponents. No oral conversation will affect or modify the terms of this RFP or may be relied upon by any Proponent.

Addenda

If the CRD determines that an amendment is required to this RFP, the CRD will issue a written addendum to all Proponents of record that will be incorporated into and become a part of this RFP. Failure to acknowledge and address all addenda in a Proposal may render the Proposal invalid.

Late Proposals

Proposals received after the Closing Time will not be accepted or considered. Delays caused by any delivery, courier or mail service(s) will not be grounds for an extension of the Closing Time. Proposals received after the Closing Time will be returned unopened to the Proponent.

Amendments to Proposals

Proposals may be revised by written amendment, provided they are delivered to the location set out in section 1.2. An amendment must be signed by an authorized signatory of the Proponent in the same manner as provided by section 2.3.

CRD’s Right to Modify Terms and Negotiate

The CRD, at its sole discretion, reserves the right to modify the terms of the RFP at any time before the Closing Time. The CRD also reserves the right following the Closing Time, and in accordance with the terms of this RFP, to negotiate with one or more Preferred Proponents any modification or variation of the terms of the RFP, including any of the documents referred to in the definition of “Contract” herein or any modification or variation of the terms of any Proposal, including price, that the CRD considers to be in its best interests. For certainty and without limiting the foregoing, the CRD may, for the purpose of entering into a Contract with any Proponent, amend the description of the required work included in this RFP so that it accurately reflects the services to be provided by the Proponent.

Examination of Contract Documents and Site

Each Proponent will be deemed to have carefully examined and understood the requirements and limitations of the RFP, including all attached Appendices, the Contract and the Site (as applicable) prior to preparing and submitting a Proposal, with respect to any and all facts which may influence the decision to prepare and submit a Proposal.

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Package

Hard copy proposals must be in a sealed package and marked on the outside with the Proponent’s name, title of the project and project number. Proposals for this RFP will also be accepted by fax to: 250-474-9651 or scanned and emailed to [email protected] It is the sole responsibility of the person or firm submitting the proposal to ensure a legible transmission to the correct person. The CRD will bear no responsibility for lost, late, illegible or misdirected transmissions.

Form of Proposal

Proponents must submit their Proposal in accordance with the instructions set out in Appendix “B” – Form of Proposal.

Signature

The Proposal should be signed by a person authorized to sign on behalf of the Proponent and include the following:

(a) If the Proponent is a corporation then the full legal name of the corporation should be included, together with the names of the authorized signatories. The Proposal should be executed by all of the authorized signatories or by one or more of them provided that a copy of the corporate resolution authorizing those persons to execute the Proposal on behalf of the corporation is submitted.

(b) If the Proponent is a partnership or joint venture then the legal name of the partnership or joint venture and the name of each partner or joint venturer should be included and each partner or joint venturer should sign personally (or, if one or more person(s) having signing authority for the partnership or joint venture should provide evidence to the satisfaction of the CRD that the person(s) signing have signing authority for the partnership or joint venture). If a partner or joint venturer is a corporation then such corporation should sign as indicated in subsection (a) above.

(c) If the Proponent is an individual, including sole proprietorship, the name of the individual should be included.

3. Evaluation and Selection

Evaluation Team

The evaluation of Proposals will be undertaken on behalf of the CRD by the Evaluation Team. The Evaluation Team may consult with others including CRD staff members, third party consultants and references, as the Evaluation Team may in its discretion decide is required.

Evaluation Criteria

The Evaluation Team will compare and evaluate each Proposal to determine the Proponent’s strength and ability to provide the Services in order to determine the Proposal which is most advantageous to the CRD, using the following general criteria:

(a) Understanding of issues specific to this assignment. (b) Experience and capability in similar assignments. (c) Past performance of staff as determined from the CRD and references. (d) Availability and commitment of resources. (e) Certifications relevant to this assignment

Specific criteria and their importance are outlined in the Evaluation Form attached as Appendix “C”.

mailto:[email protected]

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Litigation

In addition to any other provision of this RFP, the CRD may, in its absolute discretion, reject a Proposal if the Proponent, or any officer or director of the Proponent submitting the Proposal, is or has been engaged directly or indirectly in a legal action against the CRD, its elected or appointed officers, representatives or employees in relation to any matter.

In determining whether or not to reject a Proposal under this section, the CRD will consider whether the litigation is likely to affect the Proponent’s ability to work with the CRD, its contractors and representatives and whether the CRD’s experience with the Proponent indicates that there is a risk the CRD will incur increased staff and legal costs in the administration of the Contract if it is awarded to the Proponent.

Additional Information

The Evaluation Team may, at its discretion, request clarifications or additional information from any Proponent with respect to any Proposal. The Evaluation Team may consider such clarifications or additional information in evaluating a Proposal.

Interviews

The Evaluation Team may, at its discretion, invite some or all of the Proponents to appear before the Evaluation Team to provide clarifications of their Proposals. In such event, the Evaluation Team will be entitled to consider the answers received in evaluating Proposals.

Multiple Preferred Proposals

The CRD reserves the right and discretion to divide up the Services, either by scope, geographic area, or on any other basis as the CRD may decide, and to select one or more Preferred Proponents to enter into discussions and/or negotiations with the CRD for one or more Contracts to perform all or a portion or portions of the Services. In addition to any other provision of this RFP, Proposals may be evaluated on the basis of advantages and disadvantages to the CRD that might result or be achieved from the CRD dividing up the Services and entering into one or more Contracts with one or more Proponents.

Negotiation of Contract and Award

If the CRD selects one or more Preferred Proponents, then it may enter into a Contract with the Preferred Proponent(s), or enter into discussions with the Preferred Proponent(s) to attempt to negotiate the terms of the Contract(s), and such discussions may include but are not limited to negotiating amendments to the scope of Services.

If at any time the CRD reasonably forms the opinion that a mutually acceptable agreement is not likely to be reached within a reasonable time, the CRD may give the Preferred Proponent(s) written notice to terminate discussions, in which event the CRD may then either open discussions and/or negotiations with another Proponent or Proponents, or terminate the RFP and retain or obtain the Services in some other manner.

Proponents will be notified in writing when a Contract has been awarded.

The Term of this contract is from March 01, 2017 to December 31, 2017. CRD Integrated Water Services reserves the right to extend this term for an additional Four (4) X One (1) year periods provided agreement to do so is reached between CRD Integrated Water Services and the Contractor no later than sixty (60) days prior to the expiration of the agreement.

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No CRD Obligation

This RFP does not commit the CRD in any way to select a Preferred Proponent, or to proceed to discussions or negotiations for a Contract, or to award any Contract, and the CRD reserves the complete right to at any time reject all Proposals, and to terminate this RFP process for any reason.

Proponents Expenses

Proponents are solely responsible for their own expenses in preparing, submitting Proposals, and for any meetings, negotiations or discussions with the CRD or its representatives and contractors relating to or arising from this RFP.

No Contract

By submitting a Proposal and participating in the process as outlined in this RFP, Proponents expressly agree that no contract of any kind is formed under, or arises from, this RFP, prior to the signing of a formal written Contract.

Conflict of Interest

A Proponent shall disclose in its Proposal any actual or potential conflicts of interest and existing business relationships it may have with the CRD, its elected or appointed officials or employees. The CRD may rely upon such disclosure.

Solicitation of CRD Staff, Board Members, Contractors

Proponents and their agents will not contact any member of the CRD Board, CRD staff or CRD contractors with respect to this RFP, other than the CRD Representative named in section 1.5, at any time prior to entering into a Contract or the cancellation of this RFP.

Disclaimers/Limitations of Liability

Neither acceptance of a Proposal nor execution of a Contract constitute approval of any activity or development contemplated in any Proposal that requires any approval, permit or license pursuant to any federal, provincial, regional or municipal statute, regulation or bylaw. It is the responsibility of the Proponent to obtain such approval, permit or license prior to commencement of the work under the anticipated Contract.

The CRD, its elected officials, appointed officers, employees, agents, contractors and volunteers expressly disclaim any and all liability for representations or warranties expressed, implied or contained in, or for omissions from this RFP package or any written or oral information transmitted or made available at any time to a Proponent by or on behalf of the CRD. Nothing in this RFP is intended to relieve a Proponent from forming its own opinions and conclusions in respect of this RFP.

The CRD, its elected officials, appointed officers, employees, agents, contractors and volunteers will not be liable to any Proponent for any claims, whether for costs, expenses, losses, damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by a Proponent in preparing and submitting a Proposal, or participating in negotiations for a Contract, or other activity related to or arising out of this RFP. By submitting a Proposal, each Proponent shall be deemed to have agreed that it has no right to make such claims.

Confidentiality

The RFP documents, or any portion thereof and any other confidential information to which a Proponent may have access as a result of this RFP process, may not be used by a Proponent for any purpose other than submission of Proposals.

By submitting a Proposal, every Proponent agrees not to divulge, release or otherwise use any information that has been given to it or acquired by it from the CRD on a confidential basis as a result of or during the course of the RFP process.

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Ownership of Proposals and Freedom of Information

Each Proposal submitted, as well as any other documents received from a Proponent, become the property of the CRD, and as such are subject to the Freedom of Information and Protection of Privacy Act (“FOIPPA”). FOIPPA grants a general right of access to such records, but also includes grounds for refusing the disclosure of certain information.

Proponents are asked to specifically identify information contained in their Proposal that is submitted on a confidential basis. Subject to any requirement for access under FOIPPA, the CRD will hold in confidence any such information received from a Proponent. However, the CRD specifically reserves the right to distribute information about any Proposal internally to its own directors, officers and employees, to its consultants and contractors where the distribution of that information is considered by the CRD to be necessary to its internal consultation process.

Time

The timing for the submission and receipt of Proposals and any amendments thereto shall be determined by reference to the CRD local area network time.

Acceptance of Terms

The submission of a Proposal constitutes the agreement of the Proponent that all the terms and conditions of this RFP are accepted by the Proponent and incorporated in its Proposal.

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APPENDIX A – SCOPE OF SERVICES

The CRD provides small craft harbours services (docks) at 11 locations in the Southern Gulf Islands and Swartz Bay. These harbours provide a vital link to island community residents and visitors by providing moorage, access points for supplies and mail delivery as well as for water taxies.

The harbour locations and CRD docks to be covered by the Dock Operations Coordinator under this request for proposals are:

Harbour Name Location

Horton Bay Mayne Island

Miners Bay Mayne Island

Montague Harbour Galiano Island

Retreat Cove Galiano Island

Sturdies Bay Galiano Island

Hope Bay Pender Island

Port Browning Pender Island

Port Washington Pender Island

Lyall Harbour Saturna Island

Piers Island Wharf Piers Island

Swartz Bay Vancouver Island

The Contractor will undertake, provide or be involved in, the following services: 1.0 INSPECTIONS AND REPORTING The Contractor shall inspect each of the eleven docks bimonthly. The inspection schedule is based on inspecting three docks per day, resulting in four days of inspection and reporting effort bimonthly. The inspection and reporting schedule generally is as follows: Day 1 Galiano Island Sturdies Bay, Montague Harbour, Retreat Cove Day 2 Mayne Island Miners Bay, Horton Bay

Saturna Island Lyall Harbour Day 3 Pender Island Port Washington, Hope Bay, Port Browning Day 4 Piers Island Piers Island

Swartz Bay Swartz Bay

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The inspection schedule and frequency may vary as directed by the CRD. Inspections and submission of the reports will typically be performed the month prior to the meeting of the Southern Gulf Island Harbours Commission.

Inspections at each dock to include: • Liaise with local Wharfingers as required to provide support which may include the delivery

of supplies and/or equipment or receive supplies and/or equipment. • Physical dock facility inspection – will include but not limited to:

o Checking deck surface for slippery or unsafe conditions, including gangways o Checking decking for cracks, breaks, lifting, etc. o Checking wear on timbers around piles where they encompass float, and to ensure

the black laminate on flange timbers is intact o Check floatation – by measuring relative freeboard on outside rub boards, or visual

inspection of floatation boxes o Check lighting, signage, fire extinguishers, boarding ladders, non-skid materials, and

other safety related items o Check all accessible timbers and associated fastenings for signs of rot, breakage,

missing items or general decay Reporting: A dock facility inspection report will be prepared and submitted for each dock, for every bimonthly inspection cycle, detailing the required maintenance identified and/or recommended by the wharfinger, Commissioner, Contractor, or the CRD. The inspection reports will be forwarded to the Operations Manager, Integrated Water Services or his designate, by email within three days of inspection. The standard dock inspection facility report is appended for information. 2.0 REPAIR AND MAINTENANCE SERVICES

Certain maintenance and repair tasks, as directed and approved by the CRD, may be performed by the Contractor. Maintenance and repair tasks may include installation/removal/relocation of signs, painting railings and decking, fastening of wood components and/or equipment, repairing various small dock components, cleaning of surfaces and other repairs that can be expected as part of operating and maintaining a dock facility. It is expected that the contractor provide their own small tools

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APPENDIX B – FORM OF PROPOSAL

INFORMATION TO BE PROVIDED IN PROPOSALS

Proposals must include the information outlined in this section. To facilitate evaluation, proposals should be organized as follows:

Technical Proposal

1. Project Understanding

In your own words briefly demonstrate your understanding of the project by summarizing the project requirements, identifying important aspects and needs.

2. Project Approach

a) Expand the Scope of Work criteria in Section 3.2 and Appendix “A” into a series of tasks or work activities to provide a comprehensive Scope of Work.

b) Clearly define the role of the Dock Operations Coordinator as it relates to the objectives & goals of the local islands and Capital Regional District.

3. Staffing Proposal

Provide the names of any person who may be involved in the duties described in Appendix A. Briefly outline each team member's role, their qualifications and relevant experience.

Include resumes of each team member in an appendix.

4. Qualifications

Provide a listing of work, similar in size and scope to this project, that you, or members of your team, have carried out in the last 10 years.

Provide a listing of relevant current certifications held by you, or any members of your team.

5. References

Provide three recent references which may be contacted regarding your performance on projects of a similar nature.

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APPENDIX C – EVALUATION FORM

This form lists the criteria and weighting the CRD will use for potential points to be awarded to each proposal. Proponents are advised to ensure their submission

addresses all of the relevant items.

Capital Regional District

REQUEST FOR PROPOSALS Supply of Dock Operations Coordinator Services for Southern Gulf Island Harbour Commission

RFP No. 2017-209

Evaluation of Technical Proposals (Maximum 500 Points)

POI NTS

CONSULTANTS

CATEGORIES

a) General experience 75

b) Specific experience 75

c) Qualifications 75

d) Local knowledge 75

e) Response time 50

f) Certifications 50

g) Alignment with CRD/Local objectives 50

h) Availability 50

TOTAL SCORE 500

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CRD Consultants Policy—Evaluation Procedures FOR 2017-209

Technical proposals will be opened and marked out of a total score of 500 points against the evaluation grid. Each technical presentation will be evaluated on the basis of the firm's experience, competence of its personnel and acceptability of the method proposed. A firm's technical proposal shall be deemed qualified only if it complies with all requirements contained in the Request for Proposal. In all cases, the Capital Regional District reserves the right to cancel the competition and call for new proposals. DEBRIEFING Subsequent to final selection of a firm for contract award, all other proposing firms have the right to receive a debriefing on the strengths and weaknesses of their proposal. Points awarded by evaluation teams for both technical and financial proposals will remain confidential and may not be divulged to any proposing firm.

Minimum Technical Score Technical proposals must achieve a score of at least 350 points (70%) to be considered “technically qualified”.

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APPENDIX D

REFERENCES

Bidders must list three references for similar work performed by proponent. The Capital Regional District reserves the right to assess Respondents performance and/or verify references at its sole discretion. The Capital Regional District will not enter into a contract with any Respondent whose references or performance, in the Capital Regional Districts’ sole opinion, are found to be unsatisfactory.

References:

1) Customer: Contact Name: Title: Telephone number:



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SOUTHERN GULF ISLANDS HARBOURS SERVICE DOCK OPERATIONS COORDINATOR SERVICES AGREEMENT

(“the Agreement”) BETWEEN:

1.0 CAPITAL REGIONAL DISTRICT

625 Fisgard Street, PO Box 1000, Victoria, British Columbia, V8W 2S6

(the “CRD”) AND:

NAME OF CONTRACTOR ADDRESS AND POSTAL CODE

(the “Contractor”) WHEREAS the CRD desires to engage the Contractor to provide services to the CRD and the Contractor has agreed to provide such services, upon the terms and conditions contained in this Agreement; NOW THEREFORE it is hereby agreed as follows: 1.0 Services

The CRD agrees to engage the Contractor to provide the Dock Operations Coordinator services described in accordance with this Agreement, including Appendix ‘A’, which is attached to and forms part of this Agreement (the “Services”).

2.0 Term

This Agreement shall commence on March 01, 2017 (the “Commencement Date”) and end on December 31, 2017.

The CRD reserves the right to extend the term for four (4) x one (1) year periods provided agreement to do so is reached between the CRD and the Contractor no later than sixty days prior to the expiration of the agreement

3.0 Fees

The CRD agrees to pay the Contractor a fee for services provided by the Contractor under the Agreement as follows: (a) Inspection and Reporting Services: $250 per day or $1,000 per month (b) Repair and Maintenance Services: $35 per hour; materials, equipment and

travel expenses related to minor maintenance and repair assignments as directed and authorized by the CRD, will be reimbursed at cost

(c) The above fees are based on the proposed inspection schedule and repair and maintenance services in Schedule A of this agreement

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3.2 The Contractor will keep and maintain accurate time sheets, proper accounts and records of all expenditures in connection with the Services performed under this Agreement, and these shall at all times be open to audit and inspection by an authorized representatives of the CRD.

3.3 The CRD shall make payments to the Contractor within 30 days of services completed.

4.0 Expenses

4.1 The CRD shall provide all supplies, materials and equipment so no expenses will

be paid or reimbursed for supplies, materials and equipment. 4.2 The CRD shall reimburse the Contractor for all pre-approved, reasonable, ordinary

and necessary mileage and travel expenses incurred by the Contractor in the ordinary course of performing the Services upon presentation of proper accounts, statements, invoices or receipts for such items. The Contractor shall follow all procedures, policies and requirements as set out by the CRD regarding expenditures and expenses. The expenses shall include but not be limited to BC Ferry fares and water taxi fares (as required to travel to locations not accessible by BC Ferries).

4.3 The Contractor will keep and maintain accurate time sheets, proper accounts and

records of all expenditures in connection with the Services performed under this Agreement, and these shall at all times be open to audit and inspection by an authorized representative of the CRD.

5.0 Work

5.1 The Contractor shall perform the Services with that degree of care, skill and

diligence of contractors, employees and subcontractors performing services similar to the Services, to the satisfaction of the CRD.

5.2 The Contractor shall perform the Services promptly.

5.3 The Contractor shall comply with the CRD’s reasonable instructions.

5.4 In performance of the Contractor’s obligation under this Agreement, the Contractor

must comply with all applicable laws and enactments. 6.0 Guarantee of Workmanship

6.1 If the Contractor undertakes improvements on the dock infrastructure, the

Contractor shall guarantee the workmanship of the Services for a period of not less than one year. Should any defects become apparent during this period; the contractor will repair or replace the affected works at the CRD’s discretion.

6.2 Should the Contractor fail to complete the corrections in 6.1 in a timely manner, or

at all, the CRD shall undertake the correction and the Contractor shall be liable for the costs incurred by the CRD for the aforesaid corrective work.

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7.0 Dependent Contractor

7.1 The legal relationship between the Contractor and the CRD arising pursuant to this

Agreement is that of a dependent contractor. 8.0 Compliance

8.1 The Contractor shall comply with all applicable federal, provincial and local government laws, bylaws, rules and regulations in the performance of the Services.

9.0 Workers Compensation Act

9.1 Without limiting the generality of 10.0, the Contractor shall comply with all

obligations under the Workers Compensation Act (British Columbia). 9.2 WorkSafeBC insurance coverage is a no-fault insurance system. The CRD shall

pay WorkSafeBC premiums.

10.0 Prime Contractor 10.1 In accordance with section 118 of the Workers Compensation Act (British

Columbia), the CRD shall assume the role of Prime Contractor. 10.2 The Contractor is responsible for ensuring that it provides the CRD the name of

the person the Contractor has designated to supervise the Contractor’s workers, including sub-contractors, at the worksite.

11.0 Confidential Information, Intellectual Property and Privacy:

11.1 This Agreement, all Property and Materials and other information, documents and data submitted to the CRD by the Contractor or otherwise received by the CRD under this Agreement are under the control of the CRD and as such are subject to the Freedom of Information and Protection of Privacy Act (British Columbia). The Contractor shall specify which, if any, information supplied to the CRD is being supplied in confidence.

12.0 Termination

Notwithstanding any other provision in this Agreement, if the Contractor is in default in the performance of any of its material obligations in this Agreement, then the CRD may, by written notice to the Contractor require such default to be corrected. If within ten (10) days after receipt of such notice the default has not been corrected or reasonable steps to correct the default have not been taken, the CRD, without limiting any other right it may have, may immediately terminate this Agreement and the CRD shall pay the Contractor that portion of the Fees and Expenses incurred pursuant to this Agreement equal to the portion of the Services that was completed to the CRD’s satisfaction up to the date of termination, less any amounts necessary to compensate the CRD for damages or costs incurred by the CRD or by any person employed by or on behalf of the CRD arising from the Contractor’s default.

- 16 - (RFP No. 2017-209)

The CRD may terminate this Agreement for any reason with written notice to the Contractor. If the CRD terminates this Agreement under this section, the CRD shall pay the Contractor that portion of the Fees and Expenses incurred pursuant to this Agreement equal to the portion of the Services that was completed to the CRD’s satisfaction up to the date of termination.

Indemnification

The CRD does hereby agree to, indemnify the Contractor against any and all actions, suits, claims, costs, and demands, losses, damages, and expenses which may be brought against or suffered by them or which they may sustain, pay or incur by reason of the Contractor’s performance of the Services under this Agreement, with the exception of any actions, suits, claims, costs and demands, losses, damages and expenses caused by the willful misconduct or gross negligence of the Contractor.

Dispute Resolution

If a dispute arises between the parties under this Agreement the parties will make all reasonable attempts to resolve the dispute through good faith negotiations.

If the parties are unable to resolve the dispute in accordance with section 16.1 the dispute may, with the agreement of both the CRD and the Contractor, be submitted to arbitration pursuant to the Commercial Arbitration Act (British Columbia) to a single arbitrator appointed jointly by them. The award of the arbitrator shall be final and binding upon the parties and the costs of the arbitration shall be divided equally between the parties.

Governing Law

This Agreement shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. This Agreement is subject to all laws governing the CRD including the Local Government Act, Community Charter and the CRD's bylaws.

No Duty of Care

The Contractor acknowledges that the CRD, in the preparation of the Agreement documents, supply of oral or written information to the Contractor or other parties, review of proposals or the carrying out of CRD’s responsibilities under the Agreement, does not owe a duty of care to the Contractor and the Contractor waives for itself, its successors and assigns, the right to sue the CRD and tort for any loss, including economic loss, damage, cost or expense arising from or connected with any error, omission or misrepresentation occurring in the preparation of this Agreement, the request for proposals, supply of oral or written information to proponents, review of proposals, or carrying out of the CRD’s responsibilities under this Agreement, as the case may be.

- 17 - (RFP No. 2017-209) Amendments

Any amendment to this Agreement must be in writing and signed by both parties hereto.

Entire Agreement

This is the entire Agreement between the CRD and the Contractor with respect to the Services to be provided by the Contractor to the CRD and supersedes any prior agreements with respect to such services whether written or oral and may not be modified except by subsequent agreement in writing executed by the CRD and the Contractor.

Notices

Notices provided under this Agreement shall be in writing and must be either personally delivered or sent by double registered mail to the addresses set forth below. A party may change the address set forth above by proper notice to the other.

The CRD: Capital Regional District Attention: Ted Robbins Integrated Water Services PO Box 1000, 625 Fisgard Street Victoria, BC V8W 2S6 The Contractor: Name:__________________ Address:________________ Address:________________ Postal Code:_____________

Assignment

This Agreement shall not be assigned by the Contractor, without the prior written consent of the CRD.

Subcontracting

The Contractor must not subcontract any of the Contractor’s obligations under this Agreement to any person without the CRD’s prior written consent which may be withheld in the complete discretion of the CRD.

Waiver

No action or failure to act by the CRD or the Contractor shall constitute a waiver of any right or duty afforded any of them under this Agreement nor shall any such action or failure to act constitute an approval of or acquiescence in any breach of this Agreement.

Enurement

This Agreement shall be binding upon and shall enure to the benefit of each of the parties hereto and their respective employees and permitted receivers, successors and assigns.

- 18 - (RFP No. 2017-209)

Validity

If any part of this Agreement is or is declared invalid, the remainder shall continue in full force and effect and be construed as if the Agreement had been executed without the invalid portion.

Time

Time is of the essence of this Agreement.

Conflict of Interest

The Contractor must not provide any services to any person in circumstances which, in the CRD’s reasonable opinion, could give rise to a conflict of interest between the Contractor’s duties to that person and the Contractor’s duties to the CRD under this Agreement.

Contractor’s Services

The Contractor will undertake, provide or be involved in the services outlined in Schedule A of this Agreement.

This Agreement signed on the _______ day of __________________, 2017 by: CAPITAL REGIONAL DISTRICT by its authorized signatory(ies) Per: _________________________________ Name (Print) _________________________________ Signature

______________________________________ Name (Print) ______________________________________ Signature

Company Name _________________________________ by its authorized signatory(ies) Per: _________________________________ Name (Print) _________________________________ Signature

_____________________________________ Name (Print) _____________________________________ Signature

APPENDIX F

CAPITAL REGIONAL DISTRICT BYLAW NO. 2844

(As amended by Bylaw Nos. 2905, 3233, 3295, 3417, 3586, 3651, 3814)

Consolidated version authorized in accordance with Bylaw No. 3014, CRD Consolidation Authorization Bylaw No. 1, 2002

CAPITAL REGIONAL DISTRICT SOUTHERN GULF ISLANDS SMALL CRAFT HARBOURS

REGULATION BYLAW NO. 1, 2000

A Bylaw to Regulate Docks Operated by the Capital Regional District on the Southern Gulf Islands

For reference to original bylaws and amendments, or for further details, please contact Legislative Services, Capital Regional District,

625 Fisgard Street, PO Box 1000, Victoria, BC V8W 2S6

September 28, 2012 CRD Bylaw No. 2844 (Consolidated) 1 Southern Gulf Islands Small Craft Harbours Regulations


BYLAW NO. 2844

******************************************************************************************** Capital Regional District Southern Gulf Islands Harbours Commission Regulation Bylaw

********************************************************************************************

WHEREAS the Capital Regional District has established the local service to acquire and operate small craft harbour facilities;

NOW THEREFORE, the Capital Regional District Board in open meeting assembled, enacts as follows:

l . DEFINITIONS IN THIS BYLAW

• "abandoned" means leaving a vessel or watercraft at a dock without payment of moorage for a period in excess of 45 days or within a 30 day notice period failure to remove the vessel under its own power for a period of at least 1 hour in the presence of the Wharfinger or Ports Manager. (Bylaw 3417)

• "airport" means a dock or portion of a dock designated for use by seaplanes and identified by a red

triangle on the dock surface;

• "authorized personnel" includes the Ports Manager, wharfingers, RCMP and Capital Regional District bylaw enforcement officers; (Bylaw 3295)

• "berth" means a location at a dock where a vessel or watercraft may be moored;

• "Board" means the Board of Directors of the Capital Regional District;

• "business" means a commercial or industrial undertaking of any kind or nature or the providing of

professional, personal or other services for the purpose of gain or profit;

• "Commission" means the Southern Gulf Islands Harbours Commission as established by the Southern Gulf Islands Harbour Commission Bylaw, 2002, whose duties include planning, acquisition, development, restructure maintenance and operation of said harbours to serve the residents of the Southern Gulflslands; (Bylaw 3586)

• "CRD" means the Capital Regional District;

• "dangerous goods" means dangerous goods as defined in section 1 of the Transport of Dangerous

Goods Act;

• "dock" means a landing pier for vessels and watercraft and includes those listed in Schedule B;

• "emergency personnel" includes any person, group or organization required by provincial or federal statute to respond to emergency situations;

• "emergency vehicle" means police vehicle, ambulance or fire department vehicle;

• "explosive" has the same meaning as in the Explosives Act;


• "liquor" has the same meaning as in the Liquor Control and Licensing Act of British Columbia;

• "loading zone" means that area of a dock used solely for loading and unloading passengers, supplies or freight and identified by a yellow painted tie-rail or other identifying marking; (Bylaw 3586)

• "moor" means to secure a vessel or watercraft by means of lines, cables or anchors;

• "Southern Gulf Islands Electoral Area" means the area of land defined as the Southern Gulf Islands

Electoral Area in the Capital Regional District Letters Patent;

• "proof of residency" means:

(a) a British Columbia drivers license containing an address in the Southern Gulflslands Electoral Area; or

(b) a real property tax notice issued under the Local Government Act or the Taxation (Rural Area) Act to an address in the Southern Gulf Islands Electoral Area; or

(c) a utility bill issued for the supply of electricity, natural gas, water, telephone services or co-axle cable services to an address in the Southern Gulf Islands Electoral Area;

• "Ports Manager" means the person contracted by the CRD to manage the operation of all docks overseen by the Commission; (Bylaw 3586)

• "resident" means a person who satisfies the conditions of residency established in section 52 of the

Local Government Act in respect of the Southern Gulflslands Electoral Area;

• "raft" means the mooring of one vessel or watercraft along side another;

• "seaplane" means an aircraft on floats whether operated privately or commercially;

• "springline" means a special moorage arrangement where the vessel is bow tied to the dock and stern tied to an approved, weighted pulley line; (Bylaw 3586)

• "vessel" means any ship or boat or any other description of vessel which is or can be propelled by

machinery, except a seaplane, and used or designed to be used in navigation;

• "watercraft" means any ship or boat or any other description of vessel that is not propelled by machinery and is used or designed to be used in navigation;

• "wharfinger" means a person contracted by the CRD to collect moorage and to conduct day to day

operation of a dock or docks. (Bylaw 3586)

ENFORCEMENT POWERS

2. All authorized personnel may enforce this bylaw in the course of their duties.

3. Any authorized personnel may order a person who does anything contrary to this bylaw to leave a dock immediately, or within a period of time specified by the authorized personnel, and every person so ordered shall comply with the order and leave the dock immediately or within the specified time period.

4. No person shall hinder, oppose, molest or obstruct authorized personnel in the discharge of their duties.


5. Authorized personnel and emergency personnel, while acting in the course of their duties, as well as emergency vehicles, are exempt from the provisions of this bylaw.

6. A person who contravenes this bylaw commits an offence and is liable on conviction to a fine of not less

than $50.00 and not more than the maximum prescribed by the Offence Act.

PUBLIC CONDUCT

7. No person shall obstruct or interfere with any person, vessel or watercraft lawfully using a dock.

8. No person shall behave in a disorderly, dangerous or offensive manner including, but not limited to, diving or jumping from a dock, wharf or pier or swimming in the water-lot around the dock.

NOISY ACTIVITIES

(Bylaw 3586)

9. No person shall while on or moored at a dock, make or cause noises or sounds including the playing of

musical instruments, radios, tape players, compact disc players or similar devices or operate any equipment, vehicles, vessels, watercraft or machinery which disturbs or tends to disturb the quiet, peace, enjoyment and comfort of other persons.

LIQUOR

10. No person shall possess an open container of liquor on a dock.

11. No person shall place, post or erect a sign on a dock unless with permission of the CRD or the Ports Manager. (Bylaw 3586)

DAMAGE

12. No person shall remove, destroy or damage any dock or structure or sign attached to a dock.

13. No person shall remove, destroy or damage any notices, rules or regulation posted on a dock by or under

the authority of the CRD. (Bylaw 3586)

14. No person shall deposit or leave any garbage, refuse, empty or broken bottles, cans, paper, animal excrement or other waste material on a dock or in the water surrounding a dock.

STORAGE

15. No person shall store any material of any kind, including a watercraft, to or on the surface of a dock unless

it is designated by a sign as a storage area. (Bylaw 3417)

LOADING ZONE

16. No person shall cause a vessel or watercraft to be left unattended at a loading zone.


17. No person shall cause a vessel or watercraft to remain moored in a loading zone for a period in excess of 15 minutes and every person not in possession of a valid "Schedule D" licence shall immediately vacate a loading zone to make room for a person in possession of a "Schedule D" licence. (Bylaw 2905)

AIRPORT

18. No person shall moor to an airport, except where the airport includes a loading zone.

19. Notwithstanding section 18, where an airport includes a loading zone, the person having control of a vessel

or watercraft being moored in the airport which includes the loading zone shall immediately vacate the loading zone upon the approach of an aircraft intending to use the airport.

VEHICLES

20.

(1) No person shall drive a vehicle on a dock except for the express purpose of loading or unloading or the vehicle is being used for the purpose of repairing or maintaining the dock.

(2) Despite section 20.( 1), the CRD may cause to be posted a sign prohibiting a person from driving a

vehicle on a dock for any purpose. (Bylaw 3586)

21. No person shall park a vehicle or leave a vehicle unattended on a dock.

COMMERCIAL SERVICES

22. No person shall sell, expose or display for sale any goods or materials including refreshments, or conduct any business on a dock except where authorized by the CRD. (Bylaw 3586)

23. Persons conducting any business authorized by the CRD shall obtain and pay for a license in accordance

with Schedule A. (Bylaw 3586)

CONSTRUCTION

24. No person shall build upon or place any structure on a dock except where authorized by the CRD. (Bylaw 3586)

25.

( 1) A person in control of a vessel or watercraft, which is moored at a dock for less than two hours in

any 24-hour period, shall not pay a moorage fee.

(2) A person in control of a vessel or watercraft moored at a dock in excess of two hours but less than 12 hours in a 24 hour period shall pay to the CRD the moorage fees prescribed in "Schedule A" section 2(a)(i), shall pay with a coupon as prescribed in "Schedule A" section 2(b) or shall pay with a commuter pass as prescribed in "Schedule A" section 2(c).

(3) A person in control of a vessel or watercraft moored at a dock in excess of 12 hours in any 24-hour

period or after 8 p.m. shall pay to the CRD the moorage fees prescribed in "Schedule A" section 2(a)(ii).


(4) A person in control of a vessel or watercraft moored at a dock shall pay to the CRD all applicable moorage fees within two hours of mooring the vessel or watercraft to a dock.

(5) A person in control of a vessel or watercraft who is a resident of the Southern Gulflslands

Electoral Area and can show proof of residency to the CRD and who intends to moor at a dock in excess of 24 hours may obtain from the CRD a monthly, quarterly or annual license as prescribed in "Schedule C" and pay to the CRD the moorage fees as prescribed in "Schedule A" section 2(d), (e) or (f) whichever section is applicable.

(6) A person in control of a seaplane, water taxi, emergency vessel, or charter vessel or watercraft,

intending to use a dock shall obtain from the CRD a license as prescribed in Schedules "D" or "E" and pay to the CRD the fees prescribed in "Schedule A" section 3, section 4 or section 5 whichever section is applicable."

(Bylaw 3586, 3814)

DANGEROUS GOODS

26. No vessel or watercraft carrying dangerous goods or explosives shall moor at a dock for longer than is necessary to effect immediate loading or unloading.

27. No vessel or watercraft carrying dangerous goods or explosives moored at a dock shall be left unattended.

RESPONSIBILITY

28. For the purpose of these regulations, the person having charge of a vessel or watercraft is deemed to be responsible for vessel or watercraft and the action of its crew.

RESERVED BERTH

29. At the discretion of the CRD, a section of dock may be reserved for the exclusive use of a vessel or

watercraft on condition that the person in control of the vessel or watercraft obtain a license from the CRD prescribed in Schedule C or D and pay to the CRD the moorage fees prescribed in Schedule A, section 6.

(Bylaw 3586) DOCK MANAGEMENT

30. In order to facilitate the proper management, control and use of a dock, the CRD may establish specific

mooring conditions to various sections of a dock, and a Wharfinger or Ports Manager may order a vessel or watercraft to move or alter its position. (Bylaw 3417, 3586)

31. The wharfinger or Ports Manager, at their discretion, may order that any vessel or watercraft is not allowed

to moor to the dock.

32. When required by limited mooring space any person in charge of a vessel or watercraft may raft the vessel or watercraft provided that no more than two vessels or watercrafts are rafted or such lower or higher number of vessels or watercrafts as specified by the CRD and sign posted at the dock. (Bylaw 3586)

ABANDONMENT

33. No person shall abandon a vessel or watercraft at a dock.


34. Where the Ports Manager believes a vessel or watercraft has been abandoned at a dock, and has made reasonable efforts to obtain the name and address of the owner or person last in charge of the vessel or watercraft, the Ports Manager shall make a report to the CRD with recommendations for the removal of the abandoned vessel or watercraft. (Bylaw 3586)

OBSTRUCTION

35. The Ports Manager or a wharfinger may direct the position, time, place and manner in which a vessel or

watercraft may be moored, loaded or unloaded at a dock.

36. Except as permitted by the Ports Manager or wharfinger, no person shall moor a vessel or watercraft at a dock in such a manner as to unduly obstruct the movement of other vessels or watercraft.

37. Except as permitted by the Ports Manager or wharfinger, the lines fastening a vessel or watercraft to a dock

shall not cross the dock or be attached to anything other than the fastenings provided for the purpose. 38. Except as permitted by the Ports Manager or wharfinger, no person shall:

( 1) use the surface of a dock for any major maintenance or repair work; or

(2) do any other thing in such a manner as to impede the use of the dock.

REMOVAL AND IMPOUNDMENT OF VESSELS, WATERCRAFT, CHATTELS, AND OBSTRUCTIONS

(Bylaw 3295)

39. The Ports Manager is authorized to remove and impound, or cause to be removed and impounded, any vessel, chattel or obstruction that occupies a wharf or waterlot in contravention of this Bylaw.

(Bylaw 3651)

40. Any vessel, chattel or obstruction removed and impounded under this section may be recovered by the owner upon presenting proof of ownership and upon payment in full of all costs incurred by the CRD in removing and impounding (including storing) and any fines owing by the owner under this Bylaw.

(Bylaw 3586)

41. If a vessel, chattel or obstruction is removed and impounded, the Ports Manager shall make reasonable efforts to obtain the name and address of the owner of the vessel, chattel or obstruction and:

( l ) If the name and address of the owner is determined, the Ports Manager shall give written notice

delivered in person to the owner or sent by registered mail to the owner advising the owner of the removal and impoundment, the sum payable to release the vessel, chattel or obstruction and the date for sale by public auction or disposition under section 42, as applicable, if unclaimed; or

(2) if the identity of the owner is not determined, the Ports Manager shall cause a notice to be posted

at the relevant wharf advising of the removal and impoundment, the sum payable to release the vessel and the planned date for sale by public auction or disposition under section 42, as applicable, if unclaimed.

42. The fees, costs and expenses payable by the owner of a vessel, chattel or obstruction removed and

impounded under this section are set out in Schedule "A" to this Bylaw.


43. A sign at each wharf shall notify the public that vessels, chattels and obstructions occupying the wharf and surrounding waterlot in contravention of this Bylaw, may be removed and impounded by or on behalf of the CRD at the cost of the owner and may be sold at public auction or otherwise disposed of if unclaimed.

(Bylaw 3586)

44. The CRD may engage the services of a bailiff to remove, impound and auction vessels, chattels and other obstructions under this section and sections 45 to 48. (Bylaw 3586)

PUBLIC AUCTION

45. Any vessel, chattel or obstruction not claimed by its owner, including where the Ports Manager has been

unable to determine the owner's identity, within 30 days of notice under section 41 may be sold at a public auction and such auction shall be advertised at least once in a newspaper distributed at least bi-monthly in the Southern Gulf Island Electoral Area.

46. The proceeds of such auction sale shall be applied firstly to the cost of the sale, secondly to all unpaid fees,

costs and expenses levied in accordance with this Bylaw.

47. If any vessel, chattel or obstruction is not offered for sale or purchased at public auction under this section, the expenses incurred in the removal, impoundment or disposal, are recoverable as a debt due to the CRD from the owner. (Bylaw 3586)

48. If the Ports Manager considers that a vessel, chattel or obstruction removed and impounded from a wharf is

of insufficient value to warrant an auction, subsequent to the Commission 's approval by resolution, the Ports Manager may dispose of the vessel, chattel or obstruction if unclaimed after 2 months following notice under section 41 and any money obtained through such disposition shall be dealt with in accordance with section 40.

PORTS MANAGER AND WHARFINGER

49.

(1) The Ports Manager, under the direction of the CRD, is responsible for the operation,

administration and management of the docks and may post signs and give such orders, either orally or in writing, in respect of the operation of the dock, as are authorized by these regulations.

(Bylaw 3586) (2) No person shall contravene:

(a) an order of the Ports Manager or a wharfinger given under subsection (l); or (b) the directions or instructions on any sign posted under subsection ( 1).

(3) Where a vessel, watercraft or goods are not removed from a dock immediately after the removal

thereof is ordered by the Ports Manager or a wharfinger, the Ports Manager or wharfinger may have the vessel, watercraft or goods removed from the dock at the owner's expense.

(4) An order of the Ports Manager prevails over an order of a wharfinger.

(5) The Ports Manager is authorized to administer and sign on behalf of the CRD the License

Agreements contained in Schedules "C", "D" and "E". (Bylaw 3651)

(6) The Wharfingers are authorized to administer and sign on behalf of the CRD the License Agreement contained in Schedule "C". (Bylaw 3651)


SEVERANCE

50. If a section, subsection, sentence, clause or phrase of this Bylaw is for any reason held to be invalid, by the decision of any Court, such decision shall not affect the validity of the remaining portions of this Bylaw.

SCHEDULES

51. Schedules "A" to "E" inclusive of this Bylaw are attached hereto and form part of this Bylaw.

CITATION

52. This Bylaw may be cited as "Capital Regional District Southern Gulflslands Small Craft Harbours Regulation Bylaw No. 1, 2000". (Bylaw 3586)

READ A FIRST TIME THIS 22nd day of November 2000

READ A SECOND TIME THIS 22nd day of November 2000

READ A THIRD TIME THIS 22nd day of November 2000

ADOPTED THIS Christogher M. Causton

13th day of

Carmen I. Thiel

December 2000.

CHAIR SECRETARY

This Bylaw is a copy of Capital Regional District Southern Gulf Islands Small Craft Harbours Regulation Bylaw No. 1, 2000, consolidated under section 139 of the Community Charter and is printed on the authority of the Corporate Officer of the CRD.

Sonia Santarossa, Corporate Officer


SCHEDULE "A" Bylaw No. 2844

(Bylaw 2905, 3233, 3295, 3417, 3586, 3651, 3814) Capital Regional District Southern Gulf Islands Harbours

FEES AND LICENSES

I . DEFINITIONS

"charter boat" means any vessel or watercraft used to transport passengers who have paid a fee for tourism services including, but not limited to, fishing, whale watching, sightseeing or diving;

"dinghy" means an open boat with a maximum length of 12 feet, excluding outboard motor, having a beam of no more than 6 feet and a motor of not more than 25 horsepower and the dry weight/hull weight is at, or under, 250 pounds;

"emergency service vessel" means a police, fire, search and rescue, or ambulance vessel and any other vessel acting in the aforementioned capacities;

"length" means the overall length of a vessel or watercraft as determined by the Ports Manager or wharfinger;

"month" means a period commencing on a date in one month and terminating on the day immediately preceding the same date in the next month or, if there is no corresponding date in the next month, terminating on the last day of that month;

"moorage" means a charge for mooring;

"quarter" means three months;

"reserved berth" means a section of a dock identified by a 'Reserved' sign on the tie-rail;

"resident" means person who satisfies the conditions of residency established in section 52 of the Local Government Act in respect of the Southern Gulf Islands Electoral Area;

"short-term zone" means a section of a dock identified by a "short-term zone" sign on the tie rail;

"springline" means a special moorage arrangement where the vessel is bow tied to the dock and stern tied to an approved, weighted pulley line.

"water taxi" means any vessel or watercraft used to transport passengers or material for a fee.

CRD Bylaw No. 2844 (Consolidated) 10 September 28, 2012 Southern Gulf Islands Small Craft Harbours Regulations

Schedule "A" to Bylaw No. 2844 (cont'd.)

2. MOORAGE FEES (All moorage fees include applicable taxes)

(a) (i) Moorage Fees from 2 to 12 hours, normally commencing and ending between 8:00 AM and 8:00 PM of the same day.

BOAT LENGTH BOAT LENGTH FEET METRES FEE FEET METRES FEE

(ii) Moorage Fees from 12+ to 24 hours or overnight.

BOAT LENGTH FEET METRES FEE

BOAT LENGTH FEET METRES FEE



(b) Moorage Coupon Book Fees

A Moorage Coupon Book contains 20 coupons. Each coupon entitles a person who is a resident in control of a vessel or watercraft to moor for a single 12-hour continuous period. Coupons may not be used to pay for two consecutive 12-hour periods. The following will be charged for each coupon book:

Vessel or Watercraft Length:

Up to 16 ft. Over 16 t1:. up to

20 ft. Over 20 ft. up to 24 ft.

Over 24 ft. up to 28 ft.

Over 28 ft. up to 32 ft.

$54.00 $62.50 $74.50 $88.00 $102.00

(c) Monthly Commuter Pass

A Monthly Commuter Pass, entitling a person who is a resident in control of a vessel or watercraft to moor for up to 12 hours in a 24 hour period at any dock operated by the CRD, may be purchased for the following fees:

(i) $2.25 per foot per month.

(ii) If the resident currently has prepaid long-term moorage at a dock operated by the CRD the

fee is $1.50 per foot per month.

(d) Prepaid Long-Term Moorage Fees

(i) The prepaid monthly moorage fee is $4.40 per foot per month.

(ii) The prepaid quarterly moorage fee is $11.80 per foot per quarter.

(iii) The prepaid annual moorage fee is $42.50 per foot per year.

(iv) Despite subsections (i), (ii) and (iii), no person in control of a vessel or watercraft shall moor at a Short-Term Zone or at the Swartz Bay dock for longer than 72 consecutive hours in a 30-day period.

(v) Where a resident has obtained a monthly, quarterly or annual moorage license prescribed

in "Schedule C", that resident may apply for a monthly, quarterly or annual moorage for the same vessel at a second dock for an additional payment of one half the moorage fee paid at the first dock.

(e) Long-term moorage fees for a dinghy bow-tied at a dock area posted with a sign saying "dinghies

only" shall be as follows:

(i) The prepaid monthly moorage fee is $22.00.

(ii) The prepaid quarterly moorage fee is $59.25.

(iii) The prepaid annual moorage fee is $213.25.



(f) Springline Moorage Fees

Where a springline moorage system has been approved by the CRD the following rates will apply:

(i) Four month period from May 15th to September 15th each year is $157.50

(ii) When permitted, any additional period is $65.60 per month.

(g) Short-Term Zone Fees

Where a short-term zone exists on a dock, the daily rate will apply. No monthly, quarterly or annual rates are available for these zones.

3. WATER TAXI AND CHARTER BOATS MOORAGE FEES

(a) A person in control of a water taxi or charter boat mooring or landing at a dock shall obtain from the CRD in the form prescribed in "Schedule D" a license at a cost of $62.50 per annum in addition to the fees set out in section 3(b) and (c) below.

(b) (i) Loading and Unloading Water Taxis and Charter Boats:

Landings/month/dock Monthly Fee Annual Fee

0-2 No charge NIA

3-15 $20.50 $205.00

16-30 $34.00 $340.00

31+ $55.00 $550.00

(ii) The prepaid annual fee is based on estimated annual usage. Actual usage is subject to audit and the Ports Manager or wharfinger may make an adjustment to the fee based on actual usage.

(c) The moorage fees for water taxis or charter boats are the same as prescribed in "Schedule A"

sections 2(a)(i) and (ii), 2(b), 2(c) and 2(d) except the monthly, quarterly and annual fees, moorage coupon books and commuter passes are available only to an operator of a water taxi or charter boat who is a resident of the Southern Gulf Islands Electoral Area.

(d) Where a person has obtained a license to operate a water taxi or charter boat and pays monthly or annual landing fees and provides a regularly scheduled published service between two docks listed in "Schedule B" using the same vessel no landing fees are required on the second dock.



4. SEAPLANES

(a) The loading and unloading fee for casual use by seaplanes is $13.50 per landing in excess of 2 landings per airport per year.

(b) A person in control of a seaplane shall obtain from the CRD a license prescribed in "Schedule E"

for a fee of $62.50 per annum and in addition, may pay to the CRD the following prepaid annual fee for recurring use:

Landings per year per Airport 3 - 48

Annual Fee per Airport $205.00

49 - 200 $410.00 200 + $550.00

(c) The prepaid annual fee is based on estimated annual usage. Actual usage is subject to audit and the Ports Manager or wharfinger may make an adjustment to the fee based on actual usage.

(d) Seaplane Moorage Fees: Not Available

5. EMERGENCY VESSEL MOORAGE FEES

(a) A person in control of an emergency services vessel shall purchase a license as prescribed in

"Schedule D" at a cost of $62.50 per annum.

(b) Emergency Service Vessels, when not performing emergency services, shall be subject to the same moorage fees as prescribed in "Schedule A" sections 2(a)(i) and (ii), 2(b), 2(c) or 2(d).

(c) Emergency Service Vessels, while actively performing emergency services, will not be subject to

the fees prescribed in "Schedule A" sections 2(a)(i) and (ii), 2(b), 2(c) or 2(d).

6. RESERVED BERTHS

The moorage fee for reserved berths is 1.5 times the applicable moorage fee as prescribed in "Schedule A".

7. REMOVAL AND IMPOUNDMENT

The following fees, costs and expenses shall be paid by the owner of a vessel, chattel or obstruction removed, detained or impounded pursuant to Sections 39 to 44 of this Bylaw:

(a) Impoundment Fee $114.00

(b) Towing Fee per hour (for towing or removal to storage location) $170.50

(c) Hauling Out Fee per hour $170.50

(d) Fee for Placing on Blocks/Removal from Trailer (fee per hour) $170.50

(e) Storage Costs for Vessel (rate per day per foot) $4.00


SCHEDULE "B" Bylaw No. 2844

(Bylaw 2905, 3295, 3417, 3586, 3651, 3814)

Capital Regional District Southern Gulf Islands Harbours DOCKS ADMINISTERED BY THE CRD IN THE SOUTHERN GULF ISLANDS

• GALIANO ISLAND: Sturdies Bay

Montague Harbour Retreat Cove

• MAYNE ISLAND: Miners Bay

Horton Bay (By Agreement) • NORTH PENDER ISLAND: Port Washington

Browning Harbour Hope Bay

• PIERS ISLAND: Piers Island

• SATURNA ISLAND: Lyall Harbour

• SOUTH PENDER ISLAND Bedwell Harbour (By Agreement)

• VANCOUVER ISLAND: Swartz Bay


SCHEDULE "C" Bylaw No. 2844

Capital Regional District Southern Gulf Islands Harbours MOORAGE LICENSE AGREEMENT ("the Agreement")

(Bylaw 3417, 3586, 3651)

This non-assignable license is granted by the Capital Regional District ("the CRD") on: _ (date)

TO: Name ----------

Address City Prov. _

Postal Code Telephone (home) (cell) _

("the Licensee")

Name of Vessel Registration No.

_ Length Port of Registry Boat Make _

("the Vessel")

For permission to moor the Vessel to a dock or docks operated by the CRD and known as:

("the Dock")

For the period of to ("the Term")

Emergency Contact Phone

_ Moorage Fees Paid $ _

l . In consideration of the payment of the fees as prescribed in Schedule "A" of Capital Regional District Southern Gulf Islands Harbours Regulation Bylaw No. I , 2000 ("the Bylaw"), the CRD grants the Licensee permission to moor the Vessel at the Dock during the Term. The Licensee may on 30 days notice, cancel use of any unused portion of prepaid fees and receive a pro rata refund of the prepaid fees.

2. In consideration of this license, the Licensee agrees that: a. No transfer or assignment of the Agreement or of any rights hereunder will be made by the Licensee; b. Any reference to the Licensee in this Agreement will be deemed to be a reference also to the person in charge of the Vessel

where such person is not included in the Agreement; c. All fees arc payable in advance of berthing the Vessel; d. The Licensee must obey all orders of the CRD, Ports Manager and the wharfingcrs whether verbal or in writing and must obey

all signs posted by the CRD, Ports Manager or the wharfingcrs; c. The Licensee must comply with and conform to the requirements of all lawful rules, regulations and bylaws of local government

or any other government enactment in any manner affecting the V csscl or Licensee at the Dock; f. The CRD may terminate this Agreement immediately in the event of any failure to comply with the Bylaw or any other local

government, provincial or federal enactment which applies; g. The CRD reserves the right to terminate this Agreement immediately in the event of an emergency, or for any reason on 30 days

notice to the Licensee. In the event of a termination by the CRD, the CRD shall provide a pro rata refund of prepaid fees. h. The Licensee acknowledges that mooragc fees paid to the CRD arc only for the rental of the water space occupied by the Vessel

and in no way creates a tenancy or any obligation on the part of the CRD or any of its employees or agents for the care, custody and/or safety of the V esscl, its contents or any of its occupants;

1. The Licensee releases and must indemnify and save harmless the CRD, its elected and appointed officers, employees and agents from and against all lawsuits, damages, costs, expenses, liability, fees (including legal fees on a solicitor and own client basis) or loss which the Licensee or anyone else may incur, suffer or allege by reason of the use of the Dock by the Licensee or by any person carrying on at the Dock any activity in relation to the Licensee's use of the Dock;


Schedule "C" to Bylaw No. 2844 (cont'd.) j. The Licensee must indemnify and save harmless the CRD, its elected and appointed officers, employees and agents from and

against all lawsuits, damages, costs, expenses, liability, fees (including legal fees on a solicitor and own client basis) or loss which may be caused to the CRD by the presence of the Vessel at the Dock;

k. When requested the Licensee must provide proof of comprehensive liability insurance in the amount of not less than one million dollars per single occurrence and regardless of whether proof is requested the Licensee must maintain said policy for the duration of the Term;

I. The Licensee affirms that the Vessel is fit for its intended purpose, docs not pose an environmental risk to the Dock or the area surrounding the Dock, and shore power is not required to keep the Vessel afloat. Where the Vessel is unfit or poses a risk to the Dock, and the Ports Manager has made reasonable efforts to contact the Licensee or such other person as may reasonably take control of the Vessel, the CRD may, at its discretion and at the Licensee's own cost and risk, remove the Vessel from the Dock and impound, store, or auction the Vessel in accordance with the Bylaw.

m. In the event that the Vessel runs aground, sinks or if goods fall overboard in the area of the Dock, the Licensee must remove such forthwith. If the Licensee fails to do so, the CRD may remove the Vessel or goods at the Licensee's expense and risk.

n. The CRD reserves the right to rearrange the position of the Vessel while moored at the Dock or as necessary for the efficient operation of the marina facility, or for other causes such as safety or emergency or for any other reason, without previous notice to the Licensee and at the Licensee's expense and risk;

o. The Licensee must not do or permit to be done anything which may damage or injure the Dock and the Licensee must, at the Licensee's own expense, maintain and repair the Dock whenever it is damaged as a result of the permission hereby given, other than ordinary wear and tear as determined by the CRD;

p. The Licensee shall at all times keep the Vcsscl in a sanitary, clean and tidy condition, in all respects to the entire satisfaction of the CRD;

q. No garbage, refuse, empty or broken bottles, cans, paper, animal excrement, litter or other waste material will be thrown overboard or left on the Dock except in the receptacles provided for such a purpose;

r. No gasoline or other flammable liquids, oily rags, or other combustible material will be stored or left on the Dock. Any spillage of environmentally hazardous substances must be reported immediately to the Ports Manager or a wharfingcr, and cleaned up immediately by and at the expense of the Licensee. The Licensee must indemnify the CRD from and against any and all costs including penalties and fines associated with the containment and cleanup of any environmentally hazardous substances that originate from the V csscl or any act or omission of the Licensee;

s. When required by the Ports Manager or a wharfingcr, the Licensee must raft the Vessel alongside another vessel, provided that no more than two vessels arc rafted, or such lower or higher number as specified by the CRD or any sign posted at the Dock;

t. The Licensee must not leave the V csscl unattended in a loading zone, and must not remain moored in a loading zone for more than 1 5 minutes;

u. The Licensee must not moor to an airport, except where the airport includes a loading zone. The Vessel must not be left unattended in a loading zone and the Licensee must vacate the loading zone immediately on the approach of an aircraft intending to use the airport;

v. The Licensee and his/her guests shall not carry or permit to be carried on any activity that, in the opinion of the CRD, may be detrimental to the safety or enjoyment of others using the CRD's facilities, or be deemed a nuisance or disturbance, including but not limited to diving or jumping from a dock, wharf or pier or swimming in the water-lot around the Dock;

w. If the V csscl is moored at the Dock without payment of mooragc fees for a period in excess of 45 days or, within a 30 day notice period the Vessel is not removed from the Dock under its own power for a period of at least one hour in the presence of a wharfingcr or the Ports Manager, the Vessel will be deemed to be abandoned;

x. Where the Ports Manager believes a Vessel has been abandoned as defined in Section "w" above, and has made reasonable efforts to contact the Licensee or such other person as may reasonably take control of the Vessel, the CRD may, at its discretion and at the Licensee's own cost and risk, remove the Vessel from the Dock and impound, store, or auction the Vessel in accordance with the Bylaw.

Signature of Licensee

Issued per CRD

(Ports Manager or wharfinger)

FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY

Personal infonnation contained on this form is collected under the authority of the Local Government Act and is subject to the Freedom of lnfonnation and Protection of Privacy Act. The personal infonnation will be used for purposes associated with the issuing of this license


agreement and for the management of docks operated by the CRD. Enquiries about the collection or use of information in this form can be directed to the Freedom of Information and Protection of Privacy contact: Capital Regional District, Senior Coordinator, FOIPP (250) 360-3000.


SCHEDULE "D" Bylaw No. 2844

Capital Regional District Southern Gulf Islands Harbours

(Bylaw 3417, 3586, 3651)

WATER TAXI, CHARTER BOAT, EMERGENCY SERVICES VESSEL OR BUSINESS MOORAGE AND LICENSE AGREEMENT ("the Agreement")

This non-assignable license is granted by the Capital Regional District ("the CRD") on:---·

(date) TO: Name _

Address City Prov.

_ Postal Code Telephone (home)

(cell) _

("the Licensee")

Name of Vessel Registration No.

Length Port of Registry

Boat Make _

("the Vessel")

For permission to moor the Vessel to a dock or docks operated by the CRD and known as: ------------------------------------("the Dock")


Moorage Fees Paid $ _

I . In consideration of the payment of the fees as prescribed in Schedule "A" of Capital Regional District Southern Gulf Islands Harbours Regulation Bylaw No. I, 2000 ("the Bylaw"), the CRD grants the Licensee permission to moor or land the Vessel at the Dock during the Term. The Licensee may on 30 days notice, cancel use of any unused portion of prepaid fees and receive a pro rata refund of the prepaid fees.

2. In consideration of this license, the Licensee agrees that:

a. No transfer or assignment of the Agreement or of any rights hereunder will be made by the Licensee; b. Any reference to the Licensee in this Agreement will be deemed to be a reference also to the person in charge of the Vessel

where such person is not included in the Agreement; c. All fees arc payable in advance of berthing the Vessel. Prepaid annual fees as prescribed in Schedule "A" of the Bylaw arc

based on estimated annual usage. Usage is subject to audit and the CRD may make an adjustment to the fee based on actual usage;

d. The Licensee must obey all orders of the CRD, Ports Manager and the wharfingcrs whether verbal or in writing and must obey all signs posted by the CRD, Ports Manager or the wharfingcrs;

c. The Licensee acknowledges that moorage fees paid to the CRD arc only for the rental of the water space occupied by the Vessel and in no way creates a tenancy or any obligation on the part of the CRD or any of its employees or agents for the care, custody and/or safety of the Vessel, its contents or any of its occupants;

f The Licensee must comply with and conform to the requirements of all lawful rules, regulations and bylaws of local government or any other government enactment in any manner affecting the Vcsscl or Licensee at the Dock;

g. The CRD may terminate this Agreement immediately in the event of any failure to comply with the Bylaw or any other local government, provincial or federal enactment which applies;

h. The CRD reserves the right to terminate this Agreement immediately in the event of an emergency, or for any reason on 30 days notice to the Licensee. In the event of a termination by the CRD, the CRD shall provide a pro rata refund of prepaid fees.


1. The Licensee releases and must indemnify and save harmless the CRD, its elected and appointed officers, employees and agents from and against all lawsuits, damages, costs, expenses, liability, fees (including legal fees on a solicitor and own client basis) or loss which the Licensee or anyone else may incur, suffer or allege by reason of the use of the Dock by the Licensee or by any person carrying on at the Dock any activity in relation to the Licensee's use of the Dock;


Schedule "D" to Bylaw No. 2844 (cont'd.)

j. The Licensee must indemnify and save harmless the CRD, its elected and appointed officers, employees and agents from and

against all lawsuits, damages, costs, expenses, liability, fees (including legal fees on a solicitor and own client basis) or loss which may be caused to the CRD by the presence of the V csscl at the Dock;

k. The Licensee must provide proof of a policy of commercial general liability insurance against claims for bodily injury, death or property damage arising out of the use of the Dock by the Licensee in the amount of not less than two million dollars per single occurrence and must maintain said policy for the duration of the Term;

l. The Licensee affirms that the V csscl is fit for its intended purpose, docs not pose an environmental risk to the Dock or the area surrounding the Dock, and shore power is not required to keep the V cssel afloat. Where the V csscl is unfit or poses a risk to the Dock, and the Ports Manager has made reasonable efforts to contact the Licensee or such other person as may reasonably take control of the Vessel, the CRD may, at its discretion and at the Licensee's own cost and risk, remove the Vessel from the Dock and impound, store, or auction the Vessel in accordance with the Bylaw.

m. In the event that the Vessel runs aground, sinks or if goods fall overboard in the area of the Dock, the Licensee must remove such forthwith. If the Licensee fails to do so, the CRD may remove the Vessel or goods at the Licensee's expense and risk.

n. The Licensee is responsible for the actions of his or her crew, agents and/or employees; o. The CRD reserves the right to rearrange the position of the V esscl while moored at the Dock or as necessary for the efficient

operation of the marina facility, or for other causes such as safety or emergency or for any other reason, without previous notice to the Licensee and at the Licensee's expense and risk;

p. The Licensee must not do or permit to be done anything which may damage or injure the Dock and the Licensee must, at the Licensee's own expense, maintain and repair the Dock whenever it is damaged as a result of the permission hereby given, other than ordinary wear and tear as determined by the CRD;

q. The Licensee must comply with any direction from the CRD regarding the position, time, place and manner in which in which a vessel or watercraft may be moored, loaded or unloaded at a dock;

r. No garbage, refuse, empty or broken bottles, cans, paper, animal excrement, litter or other waste material will be thrown overboard or left on the Dock except in the receptacles provided for such a purpose;

s. No gasoline or other flammable liquids, oily rags, or other combustible material will be stored or left on the Dock. Any spillage of environmentally hazardous substances must be reported immediately to the Ports Manager or a wharfingcr, and cleaned up immediately by and at the expense of the Licensee. The Licensee must indemnify the CRD from and against any and all costs including penalties and fines associated with the containment and cleanup of any environmentally hazardous substances that originate from the Vessel or any act or omission of the Licensee;

t. When required by the Ports Manager or a wharfingcr, the Licensee must raft the Vcsscl alongside another vessel, provided that no more than two vessels arc rafted, or such lower or higher number as specified by the CRD or any sign posted at the Dock;

u. The Licensee must not leave the Vessel unattended in a loading zone, and must not remain moored in a loading zone for more than 15 minutes;

v. The Licensee must not moor to an airport, except where the airport includes a loading zone. Vessels must not be left unattended in a loading zone and the Licensee must vacate the loading zone immediately on the approach of an aircraft intending to use the airport;

w. The Licensee shall not carry or permit to be carried on any activity that, in the opinion of the CRD, may be detrimental to the safety or enjoyment of others using the CRD's facilities, or be deemed a nuisance or disturbance, including but not limited to diving or jumping from a dock, wharf or pier or swimming in the water-lot around the Dock;

x. If the Vessel is moored at the Dock without payment of mooragc fees for a period in excess of 45 days or, within a 30 day notice period the V esscl is not removed from the Dock under its own power for a period of at least one hour in the presence of a wharfingcr or the Ports Manager, the Vessel will be deemed to be abandoned;

y. Where the Ports Manager believes a Vessel has been abandoned as defined in Section "x" above, and has made reasonable efforts to contact the Licensee or such other person as may reasonably take control of the Vessel, the CRD may, at its discretion and at the Licensee's own cost and risk, remove the Vessel from the Dock and impound, store, or auction the Vessel in accordance with the Bylaw.


Issued per CRD (Ports Manager)

FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY Personal information contained on this fonn is collected under the authority of the Local Government Act and is subject to the Freedom of lnfmmation and Protection of Privacy Act. The personal information will be used for purposes associated with the issuing of this license agreement and for the management of docks operated by the CRD. Enquiries about the collection or use of information in this form can be directed to the Freedom of Infonnation and Protection of Privacy contact: Capital Regional District, Senior Coordinator, FOIPP (250) 360-3000.


SCHEDULE "E" Bylaw No. 2844

Capital Regional District Southern Gulf Islands Harbours SEAPLANE LICENSE AGREEMENT ("the Agreement")

(Bylaw 3586, 3651)

This non-assignable license is granted by the Capital Regional District ("the CRD") on: _ (date)

TO: Name _

Address _ City ---------Prov. - --

Postal Code Telephone (home) (cell) _

("the Licensee")

For permission to moor the Seaplane to any dock or portion of a dock operated by the CRD that has been designated for use

by seaplanes and identified by a red triangle on the dock surface ("the Airport")


Annual Fee Paid $ _

1. In consideration of the payment of the annual fee as prescribed in Schedule "A" of Capital Regional District Southern Gulf Islands Harbours Regulation Bylaw No. 1, 2000 ("the Bylaw") the CRD grants the Licensee permission to land the Seaplane at an Airport during the Term. The Licensee may on 30 days notice, cancel use of any unused portion of prepaid annual fee and receive a pro rata refund of the prepaid annual fee.

2. In consideration of this license, the Licensee agrees that:

a. No transfer or assignment of the Agreement or of any rights hereunder will be made by the Licensee; b. Any reference to the Licensee in this Agreement will be deemed to be a reference also to the person in charge of the Seaplane

where such person is not included in the Agreement; c. The Licensee shall not land, moor, load or unload the Seaplane at any dock other than a designated Airport. The Licensee must

comply with any direction from the CRD, Ports Manager and the wharfingcrs regarding the position, time, place and manner in which in which a Seaplane may be moored, loaded or unloaded at an Airport;

d. All fees arc payable in advance of berthing the Seaplane. Prepaid annual fees as prescribed in Schedule "A" of the Bylaw arc based on estimated annual usage. Actual usage is subject to audit and the CRD may make an adjustment to the fee based on actual usage;

c. The Licensee must obey all orders of the CRD, Ports Manager and the wharfingcrs whether verbal or in writing and must obey all signs posted by the CRD, Ports Manager or the wharfingcrs;

f. The Licensee acknowledges that mooragc fees paid to the CRD arc only for the rental of the water space occupied by the Seaplane and in no way creates a tenancy or any obligation on the part of the CRD or any of its employees or agents for the care, custody and/or safety of the Seaplane, its contents or any of its occupants;

g. The Licensee must comply with and conform to the requirements of all lawful rules, regulations and bylaws of local government or any other government enactment in any manner affecting the Seaplane or Licensee while at a dock or docks owned by the CRD, including those portions designated as an Airport ("the Dock");

h. The CRD may terminate this Agreement immediately in the event of any failure to comply with the Bylaw or any other local government, provincial or federal enactment which applies;


Schedule "E" to Bylaw No. 2844 (cont'd.)

1. The CRD reserves the right to terminate this Agreement immediately in the event of an emergency, or for any reason on 30 days notice to the Licensee. In the event of a termination by the CRD, the CRD shall provide a pro rata refund of prepaid fees.

j. The Licensee releases and must indemnify and save harmless the CRD, its elected and appointed officers, employees and agents from and against all lawsuits, damages, costs, expenses, liability, fees (including legal fees on a solicitor and own client basis) or loss which the Licensee or anyone else may incur, suffer or allege by reason of the use of the Dock by the Licensee or by any person carrying on at the Dock any activity in relation to the Licensee's use of the Dock;

k. The Licensee must indemnify and save harmless the CRD, its elected and appointed officers, employees and agents from and against all lawsuits, damages, costs, expenses, liability, fees (including legal fees on a solicitor and own client basis) or loss which may be caused to the CRD by the presence of the Seaplane at the Dock;

I. The Licensee must provide proof of a policy of commercial general liability insurance against claims for bodily injury, death or property damage arising out of the use of the Seaplane by the Licensee in the amount of not less than five million dollars per single occurrence and must maintain said policy for the duration of the Term;

m. The Licensee must not do or permit to be done anything which may damage or injure the Dock and the Licensee must, at the Licensee's own expense, maintain and repair the Dock whenever it is damaged as a result of the permission hereby given, other than ordinary wear and tear as determined by the CRD;

n. No garbage, refuse, empty or broken bottles, cans, paper, animal excrement, litter or other waste material will be thrown overboard or left on the Dock except in the receptacles provided for such a purpose;

o. No gasoline or other flammable liquids, oily rags, or other combustible material will be stored or left on the Dock. Any spillage of environmentally hazardous substances must be reported immediately to the Ports Manager or a wharfingcr, and cleaned up immediately by and at the expense of the Licensee. The Licensee must indemnify the CRD from and against any and all costs including penalties and fines associated with the containment and cleanup of any environmentally hazardous substances that originate from the Seaplane or any act or omission of the Licensee;

p. The Licensee must not leave the Seaplane unattended in an Airport, and must not remain moored in an Airport for more than 30 minutes;

q. The Licensee shall not carry or permit to be carried on any activity that, in the opinion of the CRD, may be detrimental to the safety or enjoyment of others using the CRD's facilities, or be deemed a nuisance or disturbance, including but not limited to diving or jumping from a dock, wharf or pier or swimming in the water-lot around the Dock;

r. The CRD may, at its discretion, determine whether the Seaplane is too large, too heavy or is otherwise unsuitable to use or occupy an Airport.

s. The Licensee affirms that the Seaplane is fit for its intended purpose, docs not pose an environmental risk to the Dock or the area surrounding the Dock, and shore power is not required to keep the Seaplane afloat. Where the Seaplane is unfit or poses a risk to the Dock, and the Ports Manager has made reasonable efforts to contact the Licensee or such other person as may reasonably take control of the Seaplane, the CRD may, at its discretion and at the Licensee's own cost and risk, remove the Seaplane from the Dock and impound, store, or auction the Seaplane in accordance with the Bylaw.

t. In the event that the Seaplane runs aground, sinks or if goods fall overboard in the area of the Dock, the Licensee must remove such forthwith. If the Licensee fails to do so, the CRD may remove the Seaplane or goods at the Licensee's expense and risk.


Issued per CRD (Ports Manager)

FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY Personal infonnation contained on this form is collected under the authority of the Local Government Act and is subject to the Freedom of Information and Protection of Privacy Act. The personal infonnation will be used for purposes associated with the issuing of this license agreement and for the management of docks operated by the CRD. Enquiries about the collection or use of information in this form can be directed to the Freedom of Information and Protection of Privacy contact: Capital Regional District, Senior Coordinator, FOlPP (250) 360-3000.


REPORT TO SOUTHERN GULF ISLANDS HARBOURS …

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