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3483 Schedule "A" - To enter into an agreement with Integral Networking Solutations (INS Consulting)INTEGRAL NETWORKING SOLUTIONS 72 I' A RKWOOD Dili VI-: • TILLSONBURG, ONTARIO • N4G 2 C 2 P 11 O N I- : (519) 457-4755 • FAX: (519) 457-4755 Town of Tillsonburg Rural Broadband Project Implementation March 28, 2011 Integral Networking Solutions 1. Introduction Integral Networking Solutions Inc. (INS Consulting or INS) has partnered with the Town of Tillsonburg (the Town) in the "Tillsonburg Business & Industry Fiber Optic Expansion" application which was submitted for funding to the Rural Connections Broadband Program in August, 2010. On February 1, 2011, OMAFRA announced that the Towns application for funding was approved and included in-kind contributions of $45,000 from INS Consulting. The purpose of this document is to define the Statement of Work and Deliverables INS Consulting will be providing to the Town of Tillsonburg for the "Tillsonburg Business & Industry Fiber Optic Expansion" project in accordance with the OMAFRA approved project and the Rural Connections Schedule 4 - Cost Summary. 2. Purpose To provide technical project management and implementation services for the "Tillsonburg Business & Industry Fiber Optic Expansion" project to the Town of Tillsonburg as outlined in the Rural Connections Broadband Program Application for Funding and reporting to the municipal project manager identified as the Development Commissioner. 3. Background On July 20, 2010, Tillsonburg decided to apply for funding under In- Take III of the Rural Connections Broadband Program for a project titled "Tillsonburg Business & Industry Fiber Optic Expansion". INS Consulting worked with the CAO, Kelley Coulter, Director of Operations, Steve Lund and Development Commissioner, Cephas Panschow in preparing the application for submission. INS Consulting engaged Packet-Tel Corp to assist in the development of the "Technical Plan" (Schedule 3 of the application). INS Consulting also secured a commitment from Packet-Tel Corp to commit a $413,500 contribution to the total project cost of $1,461,500. 1 Rural Broadband Project Implementation Version 7 Integral Networking Solutions The application for funding was delivered by INS Consulting to OMAFRA's offices in Guelph Ontario on August 3, 2010. On February 1, 2011, OMAFRA announced that funding for the Tillsonburg project was approved. 5. Anticipated Impacts The construction of a broadband network will help Tillsonburg's business and industry improve and expand their operations, thereby boosting the region's economy. Economists with Strategic Networks Group (www.sngroup.com), has identified that the impacts from investments in broadband infrastructure and broadband-enabled applications are significant and measurable. "We have demonstrated that the local economic growth and secondary investment enabled by broadband is 10 times the initial broadband investment and the contribution to Gross Domestic Product (GDP) is 15 times the initial investment. Broadband infrastructure is essential for the effective participation of businesses and organizations in today's economy and investments in broadband infrastructure strengthen regional economies by improving skills, competitiveness, and service delivery, thus enhancing the local business environment. Broadband today is as vital as electrification was in the 1930's." The funding provided by OMAFRA, Packet-Tel Corp and INS Consulting is intended to improve overall connectivity to the Town's Industrial Parks. The Town has recently opened a 40 acre business park and this funding will help ensure that the park has the high speed internet connection necessary for companies considering a new location including spin offs from the recent Siemens Canada announcement that they will be opening Ontario's first wind turbine blade facility in Tillsonburg. The facility is currently undergoing renovations and will employ up to 300 people once fully operational. 2 Rural Broadband Project Implementation Version 7 Integral Networking Solutions 6. Statement of Work INS Consulting will provide the following services: a. Project Management - $95,000 i. Infrastructure Equipment and Software Procurement ii. Coordinate project engineering, network configuration and design activities of Packet-Tel Corp iii. Manage and Coordinate e-Business Outreach and Awareness activities iv. Manage and Coordinate Public Access Site activities b. Business Case Development - $ 5,000 c. Technical Plan Development - $25,000 d. Support staff and Contract Labour - $45,000 As stipulated in the existing "CONTRACT FOR OUTSOURCED M.I.S. MANAGEMENT SERVICES" dated January 1, 2011, Integral Networking Solutions will back fill for the services performed by Robert Musty and make arrangements for additional resources to be provided to the satisfaction of the Town during the term of this agreement. 7. Project Terms Project Management fees will be billed weekly from March 28, 2011 to March 31, 2012 and the total is not to exceed the budgeted amount in the Application for Funding Schedule 4 - Cost Summary to a maximum of 10% of the eligible project cost as provided in Paragraph 6.4(a)(vi) of the Town's agreement with OMAFRA. Contract Labour, Business Case Development, Technical Plan Development and support fees will be billed as incurred and the total is not to exceed the budgeted amount in the Application for Funding Schedule 4 - Cost Summary. Taxes are extra where applicable. 8. Terms of Payment The Town agrees to pay approved invoices rendered by the Contractor throughout the term of the contract. All invoices must provide detailed accounting of costs incurred; including, but not limited | 3 Rural Broadband Project Implementation Version 7 Integral Networking Solutions to, the category that costs have been incurred against and the number of hours at the applicable rate for each item. Payment will be made within 20 days of receipt of invoice. The Town shall pay INS one hundred percent (100%) of each invoice until total payments reach ninety percent of the Project Budget with the remaining ten percent (10%) being reimbursed once the Project is complete and the Ministry of Agriculture, Food & Rural Affairs approves the final report submitted by the Town of Tillsonburg. Based on INS5 in-kind contribution towards the project totalling $45,000, each invoice amount will be reduced by twenty-six percent ($45,000/$170,000 or 26%) to reflect their contributions towards the project. 9. Authorization This proposal shall be deemed to have come into force when executed by representatives of the Town of Tillsonburg and Integral Networking Solutions Inc. 10.Termination of the Contract for Cause In the event of any material default in this agreement by INS that is within the reasonable control of the Contractor, the Town shall have the right to provide written notice of such default and demand that the deficiency of program be rectified within ten (10) working days or such longer period as may be agreed upon by the Town. If the said default is not rectified or steps are not take to rectify the situation according to the agreed upon plan, the Town shall be entitled to issue a written notice of termination for cause with no less than thirty (30) days notice. 11 .Termination for Convenience This agreement can be terminated for convenience by the Town of Tillsonburg only in the event that the Ontario Government, as represented by the Ministry of Agriculture, Food & Rural Affairs, exercises its right to terminate for convenience as described in Paragraph 19 of their agreement with the Town. In such a case, the Town shall provide notice, in writing, thirty (30) days prior to the termination date. 4 Rural Broadband Project Implementation Version 7 Integral Networking Solutions Upon Termination of this Agreement under Sections 10 or 11 of this contract, the Contractor shall return, within 60 days from the date of termination, to the Town all copies of any of the Town's data, records, or material of whatever nature or kind, including all materials incorporating the proprietary information of the Town. The Contractor shall also furnish to the Town all works in progress, or portions thereof, including all incomplete work and the Contractor shall submit to the Town an itemized invoice for any fees or expenses therefore accrued under this Agreement. Terms and Assumptions Accepted: The Corporation of the Town of Tillsonburg 200 Broadway, 2nd Floor Tillsonburg, Ontario N4G 5A7 AND: Integral Networking Solutions Inc. 72 Parkwood Drive Tillsonburg, Ontario N4G 2C2 The Corporation of the Town of Tillsonburg By: John Lessif, Mayor Signature: ____ *-J.. ^ y y ./ ________ Date: /•(,y/tfj,1 ^ ,/t /j. , _ .,. */' By: Donna Hemeryck, Clerk Signature: ^^^^^ _______ Date : fvy , r c Integral Networking Solutions Inc. By: Robert Musty, President Signature: Date: | 5 Rural Broadband Project Implementation Version 7