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170313 Council AGD
Table of Contents Agenda 3 Minutes, March 2, 2017 170302 Council MIN 11 Oxford County: Update on Trans Canada Trail Project Presentation 21 Gibson House Deck Delegation Request 58 Gibson Deck 1 61 Gibson Deck 2 62 Applications for Official Plan Amendment & Zone Change- OP 16-11-7 & ZN 7-16-09 - Town of Tillsonburg Non-Profit Housing Corporation Official Plan Amendment Application 63 Zone Change Application 70 Previous Report CASPO 2017-17 74 2017 Senior of the Year Award Final 2017 SOTY Call for Nominations with Minister Signature.pdf 97 MYR 17-01 CAO Evalution REPORTmayor17-01CAOevaluation 99 FIN17-08, 2016 Fourth Quarter Financial Results FIN17-08 2016 Fourth Quarter Financial Results 101 2016 Q4 Consolidated Results 102 FIN17-09, Finance 2016 Q4 Results FIN17-09 2016 Fourth Quarter Finance Department Results 104 2016 Q4 Finance Department Results Summary 106 DCS 17-07 - Building/Planning/By-Law Services 2016 Q4 Report DCS 17-07 - Building/Planning/By-Law Services 2016 Annual Report 110 Building & Protection Q4 Financial Summary 114 DCS 17-08 Economic Development and Marketing 2016 Q4 Results DCS 17-08 117 Financial Summary 121 OPS 17-07, Operations Services 2016 Q4 Results OPS 17-07 2016 Fourth Quarter Operations Services 125 OPS 17-07 Attachment 1 - Operating & Capital Summaries 128 RCP 17-18 - Recreation Culture and Parks 2016 Q4 Results RCP 17-18 - Recreation Culture and Parks 2016 Q4 Results 150 RCP 2016 Financial Summaries 154 FRS 17-01, Fire 2016 Q4 Results. 1 FRS 17-01 Fire Q4 2016 167 2016 Q4 Fire & Police Services Department Results Summary 170 CAO 17-02, Dedicated Provincial Gas Tax Funding - Public Transportation Program - Tillsonburg CAO 17-02 Dedicated Provincial Gas Tax Funding - Transit 174 CAO 17-02 Attachment 177 DCS 17-09, Highway 3 Business Park – Sole Sourcing (Consulting Services) DCS 17-09 196 Stantec Proposal 199 OPS 17-08, OCIF Top-Up Component Agreement AC3-3236 OPS 17-08 OCIF Top-Up Component Agreement AC3- 3236 206 OPS 17-08 Attachment 1 - OCIF Top-Up Agreement AC3-3236 208 Minutes, Canada 150 Committee 170227 Canada 150 MIN 243 Minutes, Museum Advisory Committee 170223 Museum Advisory MIN 247 By-Law 4088 To authorize OCIF Top-Up Agreement with the Province of Ontario By-law 4088 OCIF Top-Up Agreement 251 OPS 17-08 Attachment 1 - OCIF Top-Up Agreement AC3-3236 252 By-Law 4089, To Amend Zoning By-Law 3295 - ZN 7-17-01 (Performance Communities Realty Inc.) By-Law 4089 ZN 7-17-01_bylaw 287 Schedule A 293 By-Law 4090, To confirm the proceedings of Council By-Law 4090 294 2 = 1. Call to Order 2. Adoption of Agenda Proposed Resolution #1 Moved By: Seconded By: THAT the Agenda as prepared for the Council meeting of Monday, March 13, 2017, be adopted. 3. Moment of Silence 4. Disclosures of Pecuniary Interest and the General Nature Thereof 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Meeting of March 2, 2017 170302 Council MIN Proposed Resolution #2 Moved By: Seconded By: THAT the Minutes of the Council Meeting of March 2, 2017, be approved. 6. Delegations and Presentations 6.1. Oxford County: Update on Trans Canada Trail Project Presented By: Peter Crockett - CAO, Oxford County | Future Oxford Rick Cox - Director, Recreation, Culture & Parks, Chair, Community Oxford Frank Gross - Supervisor, Engineering Services, Oxford County The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, March 13, 2017 6:00 PM Council Chambers 200 Broadway, 2nd Floor AGENDA 3 Council Meeting – Agenda - 2 - Presentation Proposed Resolution #3 Moved By: Seconded By: THAT Council receive the presentation regarding the Update on the Trans Canada Trail Project, as information. 6.2. Gibson House Deck Presented By: Terry Ross, Tillsonburg Scout Association Delegation Request Gibson Deck 1 Gibson Deck 2 Proposed Resolution #4 Moved By: Seconded By: THAT Council receive the presentation regarding the Gibson House Deck, as information. 7. Public Meetings 7.1. Applications for Official Plan Amendment & Zone Change - OP 16-11-7 & ZN 7-16-09 - Town of Tillsonburg Non-Profit Housing Corporation Official Plan Amendment Application Zone Change Application Previous Report CASPO 2017-17 Proposed Resolution #5 Moved By: Seconded By: THAT Council support the application to amend the Oxford County Official Plan (File No. OP 16-11-7) as submitted by Town of Tillsonburg Non-Profit Housing Corp., for lands located at 8 Hardy Avenue & 13 Sanders Street, in the Town of Tillsonburg to re- designate the subject property from Low Density Residential to Medium Density Residential to facilitate the construction of a one storey apartment building; AND THAT Council approve-in-principle the zone change application submitted by Town of Tillsonburg Non-Profit Housing Corp., whereby the lands described as Lots 4 Council Meeting – Agenda - 3 - 598, 599 & 600, Plan 500, Part 1 of 41R-6762, Part 1 of 41R-6175, Part 1 of 41R-8912, known municipally as 13 Sanders Street and 8 Hardy Avenue, are to be rezoned from Low Density Residential Type 1 Zone (R1) to Medium Density Residential Zone (RM). 8. Planning Applications 9. Information Items 9.1. 2017 Senior of the Year Award Final Call for Nominations Proposed Resolution #6 Moved By: Seconded By: THAT Council receive item 9.1, as information. 10. Mayor 10.1. MYR 17-01 CAO Evaluation REPORTmayor17-01CAOevaluation Proposed Resolution #7 Moved By: Seconded By: That Council receive Report MYR 17-01, CAO Performance Evaluation 2016; AND THAT Council establishes and appoints a CAO Performance Review Committee; AND THAT Council appoints Mayor Molnar, ____________________ and _________________ to the CAO Performance Review Committee. 11. Quarterly Reports 11.1. FIN17-08, 2016 Fourth Quarter Financial Results FIN17-08 2016 Fourth Quarter Financial Results 2016 Q4 Consolidated Results Proposed Resolution #8 Moved By: Seconded By: THAT Council receive Report FIN 17-08, 2016 Fourth Quarter Financial Results, as information. 5 Council Meeting – Agenda - 4 - 11.2. FIN17-09, Finance 2016 Q4 Results FIN17-09 2016 Fourth Quarter Finance Department Results 2016 Q4 Finance Department Results Summary Proposed Resolution #9 Moved By: Seconded By: THAT Council receive Report FIN 17-09, 2016 Fourth Quarter Finance Department Results, as information. 11.3. DCS 17-07 - Building/Planning/By-Law Services 2016 Q4 Report DCS 17-07 - Building/Planning/By-Law Services 2016 Annual Report Building & Protection Q4 Financial Summary Proposed Resolution #10 Moved By: Seconded By: THAT Council receive Report DCS 17-07, Building/Planning/By-Law Services 2016 Annual Report, as information. 11.4. DCS 17-08 Economic Development and Marketing 2016 Q4 Results DCS 17-08 Financial Summary Proposed Resolution #11 Moved By: Seconded By: THAT Council receive Report DCS 17-08, Economic Development and Marketing 2016 Q4 Results, as information. 11.5. OPS 17-07, Operations Services 2016 Q4 Results OPS 17-07 2016 Fourth Quarter Operations Services OPS 17-07 Attachment 1 - Operating & Capital Summaries 6 Council Meeting – Agenda - 5 - Proposed Resolution #12 Moved By: Seconded By: THAT Council receive Report OPS 17-07, 2016 Fourth Quarter Operations Services, as information. 11.6. RCP 17-18 - Recreation Culture and Parks 2016 Q4 Results RCP 17-18 - Recreation Culture and Parks 2016 Q4 Results RCP 2016 Financial Summaries Proposed Resolution #13 Moved By: Seconded By: THAT Council receive Report RCP 17-18, Recreation Culture and Parks 2016 Q4 Results, as information. 11.7. FRS 17-01, Fire 2016 Q4 Results. FRS 17-01 Fire Q4 2016 2016 Q4 Fire & Police Services Department Results Summary Proposed Resolution #14 Moved By: Seconded By: THAT Council receive Report FRS 17-01, Fourth Quarter 2016 Department Results, as information. 12. Reports from Departments 12.1. Chief Administrative Officer 12.1.1. CAO 17-02, Dedicated Provincial Gas Tax Funding - Public Transportation Program - Tillsonburg CAO 17-02 Dedicated Provincial Gas Tax Funding - Transit CAO 17-02 Attachment 7 Council Meeting – Agenda - 6 - Proposed Resolution #15 Moved By: Seconded By: THAT Council receive Report CAO 17-02, Dedicated Provincial Gas Tax Funding – Public Transportation Program - Tillsonburg; AND THAT the Town of Tillsonburg supports the T-GO Transit System and is committed to providing ongoing annual support to begin April, 2017 in the amount of $22,500 (Total eligible municipal contribution in 2017 of $72,100); AND THAT the Town of Tillsonburg agrees to receiving and being responsible for the Dedicated Gas Tax funds from the Province of Ontario for the T-GO Transit System; AND THAT Council authorizes the CAO to complete all forms and supporting documentation for submission to the Ministry of Transportation to access the Dedicated Gas Tax Funds for a Public Transportation Program. 12.2. Clerk’s Office 12.3. Development and Communication Services 12.3.1. DCS 17-09, Highway 3 Business Park – Sole Sourcing (Consulting Services) DCS 17-09 Stantec Proposal Proposed Resolution #16 Moved By: Seconded By: THAT Council receive Report DCS 17-09, Highway 3 Business Park – Sole Sourcing (Professional Services); AND THAT staff be authorized to sole source professional engineering services from Stantec for the design, tender and project management of the Highway 3/Clearview Drive intersection project. 12.4. Finance 12.5. Fire and Emergency Services 12.6. Operations 8 Council Meeting – Agenda - 7 - 12.6.1. OPS 17-08, OCIF Top-Up Component Agreement AC3-3236 OPS 17-08 OCIF Top-Up Component Agreement AC3-3236 OPS 17-08 Attachment 1 - OCIF Top-Up Agreement AC3-3236 Proposed Resolution #17 Moved By: Seconded By: THAT Council receive Report OPS 17-08, Ontario Community Infrastructure Fund (OCIF) Top-Up Component Agreement AC3-3236; AND THAT a By-law authorizing the Mayor and Clerk to execute Agreement OCIF AC3-3236 with the Province of Ontario, be brought forward for Council consideration; AND THAT the Town’s portion of $88,991, be funded by debenture in the 2018 budget. 12.7. Recreation, Culture & Park Services 13. Unfinished Business 14. Staff Information Reports 15. Committee Minutes & Reports 15.1. Minutes, Canada 150 Committee 170227 Canada 150 MIN 15.2. Minutes, Museum Advisory Committee 170223 Museum Advisory MIN Proposed Resolution #18 Moved By: Seconded By: THAT Council receive the Minutes of the Canada 150 Committee for February 27, 2017 and of the Museum Advisory Committee for February 23, 2017, as information. 16. Notice of Motions 17. Resolutions 9 Council Meeting – Agenda - 8 - 18. Resolutions Resulting from Closed Session 19. By-Laws By-Laws from the Meeting of Monday, March 13, 2017 Proposed Resolution #19 Moved By: Seconded By: 19.1. THAT By-law 4088, To authorize OCIF Top-Up Agreement with the Province of Ontario, Agreement; AND THAT By-Law 4089, To Amend Zoning By-Law 3295 (ZN 7-17-01 - Performance Communities Realty Inc.), Schedule A, be read for a first, second and third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Proposed Resolution #20 Moved By: Seconded By: 19.2. THAT By-Law 4090, To confirm the proceedings of Council at its meeting held on the 13th day of March, 2017, be read for a first, second and third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 20. Items of Public Interest 21. Adjournment Proposed Resolution #21 Moved By: Seconded By: THAT the Council Meeting of Monday, March 13, 2017 be adjourned at _____ p.m. 10 = ATTENDANCE Mayor Stephen Molnar Deputy Mayor Dave Beres Councillor Penny Esseltine Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Dave Rushton, Director of Finance/Treasurer Rick Cox, Director of Recreation, Culture & Parks Jeff Smith, Fire Chief Vance Czerwinski, Manager of Public Works Regrets: Councillor Maxwell Adam Councillor Jim Hayes Kevin DeLeebeeck, Director of Operations Tricia Smith, Deputy Clerk 1. Call to Order The meeting was called to order at 6:00 p.m. 2. Adoption of Agenda Resolution #1 Moved By: Councillor Rosehart Seconded By: Deputy Mayor Beres THAT the Agenda as prepared for the Council meeting of Thursday, March 02, 2017 , be adopted. Carried The Corporation of the Town of Tillsonburg COUNCIL MEETING Thursday, March 02, 2017 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES 11 Council Meeting – Minutes - 2 - 3. Moment of Silence 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Meeting of 170213 Council MIN Resolution # 2 Moved By: Councillor Rosehart Seconded By: Deputy Mayor Beres THAT the Minutes of the Council Meeting of February 13, 2017, be approved. Carried 6. Delegations and Presentations 6.1. Volunteer Achievement Award Presentation - John Morling Presented By: Councillor Stephenson Mayor Stephen Molnar and Councillor Stephenson presented John Morling with the volunteer achievement award for February 2017. 7. Committee Reports & Presentations 7.1. Dog Park Subcommittee Presented By: Peter Luciani Appendix B - 2017 Dog Park Mr. Peter Luciani and Tyler Coghill representing the Dog Park Resident group, appeared before Council and provided a presentation to Council regarding a preferred location for a dog park. Council was given the opportunity to ask questions. Rules and maintenance of a dog park would have to be developed once a decision has been made. Resolution # 3 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive the presentation from the Dog Park Subcommittee; 12 Council Meeting – Minutes - 3 - AND THAT the matter be referred to staff to review and bring back a report and recommendations at the April 10, 2017 council meeting or before. Carried 8. Public Meetings 8.1. Applications for Red-Line Revision to Draft Approved Plan of Subdivision and Zone Change- 32T-06005 & ZN 7-17-01 - Performance Communities Realty Inc. CASPO Report 2017-28 Report Attachments Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented CASPO 2017-28. Opportunity was given for Council to ask questions. The applicant appeared before Council and provided comments on the application. Opportunity was given for members of the public to provide comments in favour of or in opposition to the application. Don Showers appeared before council and requested the applicant clarify if soil mounds currently on the site would be removed prior to the start of the new construction. He also asked for assurance that cleanup would occur regularly through the construction phases. Mike Vaboom appeared before council and requested information regarding rear yard setbacks. The planner responded accordingly. Harry Leach appeared before council and made comment regarding property lines and clarity of those boundaries. The applicant responded. Adam Navickas requested information regarding road reconstruction along Lowrie Crescent and if that work would occur during construction of this development. Eric Flora, Town Engineer – responded to the question regarding timing of the development and the reconstruction of roadways. No other members of the public appeared to provide comments on the application. The following resolution was brought forward. 13 Council Meeting – Minutes - 4 - Resolution # 4 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council approve in principle the zone change application, File No. ZN 7-17-01, as submitted by Performance Communities Realty Inc., for lands described as Part of Lot 7, Concession 12 (Dereham), Parts 1-4 of 41R-9418, in the Town of Tillsonburg, to rezone the subject lands to (R1A-H), (R1A- 18H), (R1A-19H), (R2-13H), (R2-14H), (R2-15H), & (R3-13H) to facilitate the development of a residential draft plan of subdivision; AND FURTHER THAT Council advise Oxford County that the Town supports the red- line revisions to draft approved plan of subdivision, File No. 32T 06005, as submitted by Performance Communities Realty Inc., prepared by Cyril J. Demeyere Consulting Engineers, for lands described as Part of Lot 7, Concession 12 (Dereham), Parts 1-4 of 41R-9418, Town of Tillsonburg, showing 155 lots for single detached dwellings, and 7 lots for street-fronting townhouse dwellings. Carried 9. Planning Applications 9.1. Request for Extension of Draft Plan Approval- 32T-09004- Town of Tillsonburg Industrial Subdivision CASPO Report 2017-37 Report Attachments Resolution # 5 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson That Tillsonburg Council advise Oxford County that the Town supports a 3 year extension to the draft approval of the Town Industrial Plan of Subdivision, (32T 09004), for lands described as Part Lots 1 & 2, Concession 5 (Middleton), Town of Tillsonburg, to March 9, 2020. Carried 10. Information Items 11. Mayor 12. Quarterly Reports 14 Council Meeting – Minutes - 5 - 13. Reports from Departments 13.1. Chief Administrative Officer 13.1.1. Extension - Community Transportation Pilot Program - Request for Funding Extension - Community Transportation Pilot Program - Request for Funding Extension - Community Transportation Pilot Program - Request for Funding Extension - Community Transportation Pilot Program - Request for Funding Resolution # 6 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receive report CAO 17-01 Extension Community Transportation Pilot Program; AND THAT the Town of Tillsonburg Council authorizes the submission to the Ministry of Transportation of an application form in the amount of $50,000 for the extension of the Community Transportation Pilot Program in the Town of Tillsonburg. AND THAT Council authorizes the CAO to sign the completed application form. Carried 13.2. Clerk’s Office 13.2.1. CL 17-05 Council Composition CL 17-05 - Council Composition CL 16-29 Deputy Mayor Position By-Law 4080 to Establish the Composition of Council Resolution # 7 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receives Report CL 17-05 Council Composition; AND THAT By-law 4080, To Establish the Composition of the Municipal Council for the Town of Tillsonburg be brought forward for Council’s consideration. Carried 13.3. Development and Communication Services 13.3.1. DCS 17-06 Lease with Chesterman Farm Equipment Inc. Report DCS 17-06 Lease Agreement 15 Council Meeting – Minutes - 6 - The access and egress of the property was questioned regarding whose responsible for that upkeep. The lease includes the roadway as part of the lease. Resolution # 8 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT Council receive Report DCS 17-06 Lease with Chesterman Farm Equipment Inc; AND THAT the Mayor and Clerk be authorized to enter into a lease agreement for the lands described as: (i) Unnamed Road adjacent to Lots 1612, 1613 and 1614, Part 2, Plan 41R-6496; (ii) Unnamed Road adjacent to Lots 1612, 1613 and 1614; (iii) Approximately five (5) acres of land located on the east side of Highway 19 (Vienna Road), legally described as Part Lot 1613, Plan 500, designated as part of Part 2 on OXR39 and part of Part 3 on R-13; with Chesterman Farm Equipment Inc. for a three year term expiring on December 31, 2019 subject to the terms and conditions contained within the lease agreement; AND THAT a bylaw be brought forward in that regard for Council consideration. Carried 13.4. Finance 13.4.1. FIN17-07 Contributions to Reserves FIN 17-07 Contributions to Reserves Resolution # 9 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receives report FIN 17-07 Contributions to Reserves; AND THAT $434,285 is contributed to reserves in 2016. Carried 13.5. Fire and Emergency Services 16 Council Meeting – Minutes - 7 - 13.6. Operations 13.6.1. OPS 17-06 Results for Tender RFT 2017-001 Riverview Subdivision Reconstruction - Stage 2 of 2 OPS 17-06 Results for Tender RFT 2017-001 Riverview Subdivision Reconstruction - Stage 2 of 2 Resolution # 10 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive Report OPS 17-06, Results for Tender RFT2017-001 Riverview Subdivision Reconstruction – Stage 2 of 2; AND THAT Council award Tender RFT2017-001 to Euro-Ex Construction of Woodstock, ON at a cost of $718,139.25 (net HST included), the lowest bid received satisfying all Tender requirements. Carried 13.7. Recreation, Culture & Park Services 13.7.1. RCP 17-19 – Canada 150 CIP Contribution Agreement RCP 17-19 - Canada 150 CIP Contribution Agreement Canada 150 CIP Contribution Agreement Resolution # 11 Moved By: Councillor Rosehart Seconded By: Councillor Esseltine THAT Report RCP 17-19 – Canada 150 CIP Contribution Agreement be received; AND THAT the Mayor and Clerk be authorized to sign the Contribution Agreement with the Government of Canada for $128,300 under the Canada 150 Community Infrastructure Program for the ‘‘Improvement of Memorial Park and Tillsonburg Fairgrounds Project. Carried 14. Unfinished Business 15. Staff Information Reports 15.1. RCP 17-16 - Oct-Dec 2016 RCP Departmental Activity Reports RCP 17-16 - Oct-Dec 2016 RCP Departmental Activity Reports Oct-Dec 2016 Activity - Recreation Programs & Services 17 Council Meeting – Minutes - 8 - Oct-Dec 2016 Activity - Culture & Heritage Oct-Dec 2016 Activity - Parks & Facilities Resolution # 12 Moved By: Councillor Rosehart Seconded By: Councillor Esseltine THAT Council receive Report RCP 17-16 – Oct-Dec 2016 RCP Departmental Activity Reports for information. Carried 16. Committee Minutes & Reports 16.1. Minutes, Accessibility Advisory Committee 170208 Accessibility Advisory Committee MIN Minutes, Development Committee 161213 Development Committee MIN 170117 Development MIN Minutes Special Awards Feb 7, 2017 Special Awards_2017-02-07_Minutes Minutes Memorial Park Revitalization Committee - Jan 30, 2017 Memorial Park Minutes 2017-01-30 Minutes - PRC Feb 7, 2017 PRC 02_February 7 2017 - Minutes Council noted that recommendations from committees should be recognized and those items be brought to council for consideration. Resolution # 13 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive the Minutes of the Accessibility Advisory Committee for February 8, 2017, the Development Committee for December 18, 2016 and January 17, 2017, and the Special Awards Committee for February 7, 2017, and the Memorial Park Revitalization Committee for January 30, 2017, and the Parks & Recreation Advisory Committee for February 7, 2017, as information. Carried 18 Council Meeting – Minutes - 9 - 16.2. BIA Minutes of January 10, 2017 BIAMeetingJanuary2017 (5) Resolution # 14 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive the Minutes of the BIA as information. Carried 17. Notice of Motions 18. Resolutions 19. Resolutions Resulting from Closed Session 20. By-Laws By-Laws from the Meeting of Thursday, March 02, 2017 20.1 By-Law 4080, to Establish the Composition of Council Resolution # 15 Moved By: Councillor Esseltine Seconded By: Stephenson THAT By-Law 4080 , to Establish the Composition of Council, be read for a first and second reading and this constitutes the first and second reading thereof. Carried 20.2 By-Law 4082, to enter into a Land Lease Agreement with Chesterman Farm Equipment Inc. Resolution # 16 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT By-Law 4082, To Enter into a Land Lease Agreement with Chesterman Farm Equipment Inc., Chesterman Lease, be read for a first, second and third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 19 Council Meeting – Minutes - 10 - 20.1. By-Law 4085, To Adopt a Schedule of Fees for certain Municipal Applications, Service and Permits. Resolution # 17 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT By-Law 4085 - 2017 , to Adopt a Schedule of Fees for certain Municipal Applications, Service and Permits, be read for a third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 20.2 By-Law 4087, To Confirm the Proceedings of the Council Meeting of March 2, 2017. Resolution # 18 Moved By: Deputy Mayor Beres Seconded By: Councillor Esseltine THAT By-law 4087 To confirm the proceedings of Council at its meeting held on the 2nd day of March, 2017, be read for a first, second and third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 21. Items of Public Interest 22. Adjournment Resolution # 19 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT the Council Meeting of Thursday, March 02, 2017 be adjourned at 8:30 p.m. Carried 20 Update on Future Oxford, the Trans Canada Trail extension, and construction projects March 13, 2017 Peter Crockett | CAO, Oxford County | Future Oxford Rick Cox | Director, Recreation, Culture & Parks, Town of Tillsonburg | Chair, Community Oxford Frank Gross | Supervisor, Engineering Services, Oxford County 21 OUTLINE 1.Future Oxford update and community wellbeing through trails 2.Update on Trans Canada Trail extension 3.Construction updates 22 A LEGACY FOR FUTURE GENERATIONS 23 FUTURE OXFORD NEW 24 FUTURE OXFORD | ROLE OF TRAILS The Future Oxford Community Sustainability Plan imagines a role for trails as part of an improved transportation network that advances goals and targets in the “Environment” pillar 25 FUTURE OXFORD | COMMUNITY SURVEY Mar 30, 2016 Survey rolled out July 13, 2016 Preliminary report released Dec 14, 2016 Final report at County Council Feb 22, 2017 Community leader meeting 26 TILLSONBURG OPPORTUNITIES Tillsonburg residents use active transportation 27 TILLSONBURG OPPORTUNITIES Improving quality of exercise 28 TILLSONBURG OPPORTUNITIES Tillsonburg residents value the environment 29 TILLSONBURG OPPORTUNITIES Cost as a barrier 30 TILLSONBURG OPPORTUNITIES •Council’s commitment to the trail helps address some issues noted in the Community Wellbeing Survey •Trails … ─Protect our natural heritage ─Reinforce active transportation in the community ─Provide opportunity for high-quality exercise ─Do not pose user fees as a barrier 31 BEYOND TRAILS…. 32 Questions? 33 Update on the Trans Canada Trail Extension 34 TRAILS UPDATE OUTLINE 1.Progress 2.Upcoming work •Tillsonburg to Zenda Line 3.Trail opening event 35 TRAIL MAP 36 CONSTRUCTION 37 ACCESS GATES 38 WORK TO BE COMPLETED •Tillsonburg to Zenda Line •Parking areas •Signage •Bridge crossing/ trail connection •Fencing 39 TILLSONBURG TO ZENDA LINE 40 PARKING | TILLSON AVE. 41 PARKING | ZENDA LINE 42 PARKING | MIDDLETOWN LINE 43 PARKING | BASELINE 44 SIGNAGE •911# Markers •Trailhead map/ information board •Trail uses/ rules •Mile markers •Route markers •Road signs 45 TRAIL MARKER | LEAMINGTON TCT 46 BRIDGE CROSSING/ TRAIL CONNECTION •Pedestrian bridge at Otter Creek •Trail connection in Tillsonburg 27 47 FENCING •Fencing at road access points •Line fences where requested 28 48 BUDGET/ EXPENDITURES Budget $870,000 Expenditures to date $440,000 Total estimated cost $800,000 49 INFO SESSION Thursday, March 30 6:00-8:00 p.m. Community Complex (Lion’s Den) 50 TRAIL OPENING Save the date! Friday, June 23, 2017 - PM Grant recognition, ribbon cutting and trail walk/ride Invitation to follow for Council, MPP, MP, partners and TCT representatives 51 Questions? 52 Construction updates 53 POTTERS RD. ROAD IMPROVEMENTS 54 NORTH STREET RECONSTRUCTION 55 OTHER PROJECTS (2017) •Resurfacing on Tillson Ave. •Well 7 raw watermain •North St West watermain relining 56 Questions? 57 From:noreply@esolutionsgroup.ca To:Tricia Smith Subject:New Submission Completed for Delegation Request Form Date:March-08-17 2:41:51 PM Hello, Please note the following response to Delegation Request Form has been submitted at Wednesday March 8th 2017 2:40 PM with reference number 2017-03-08-002. First Name Terry Ross Last Name Ross Street Address 93 Concession St. West Town/City Tillsonburg Postal Code N4G 1R8 Phone Number 519-937-1181 E-mail terryaaa@gmail.com Do you or any members of your party require accessibility accommodations? No Council Meeting Date Monday March 13 Subject of Delegation The "Gibson House Deck" Name(s) of Delegates and Position(s) Terry Ross 58 Name of Group or Person(s) being represented (if applicable) Tillsonburg Scout Association I acknowledge Delegations are limited to fifteen (15) minutes each. I accept Brief Summary of Issue or Purpose of Delegation I spoke to council last year about the possibility of a shipping container for the scouts to store their boats, and have better access to the lake. For years they have stored their boats in and beside the Gibson house. Substantial improvements to the lake, and barrier free access, by the Lake Lisgar Revitalization Committee, has created better public access to this part of the lake and thus use of the Gibson House it's self. A small building on the opposite side of the lake and an addition to the rowing club building, where other ideas discussed. The Gibson House Deck was originally proposed by the Lake Lisgar Revitalization Committee as a concept to make better use of the Gibson house facility and to give the Scouts better water access and boat storage; by enclosing the under side of the deck. At the time, this Idea ran in to technical difficulties, which have now been resolved. Namely the big tree that stood in the way. We then looked in to the costing of this project last year. A few drawings have circulated and the idea has shown community interest. So we proceeded to see what we could do for fund raising on this project. This has gone fairly well with $8,000 raised so far. with another $8,000 yet to be firmed up. The cost on this project ranges between $24,000 to $28,000 depending on weather we go with a wood deck or aluminium. (Commercial aluminium railing in either case.) This costing was accomplished by the donation of some local contractors time, and even some of the materials. All major cost aspects of the project have firm quotes. For example the "screw pylons" which are the foundation required to meet environmental assessment. There are some smaller costs however, that we can only guess at until the environmental assessment is done. The deck design and costing was done by Home hardware. I have included a drawing view of the deck looking at the Gibson House from the lake. Also a top view looking down on the Gibson House. Both are to scale, and are a very close representation of the final appearance. Will there be a Power Point presentation? No Have you been in contact with a Staff member regarding the Delegation topic? Yes 59 If yes, please list the Staff member(s) you have been working with. Donna Wilson, Brian Stevenson I acknowledge that all presentation material must be submitted to the Clerk's Office by 4:30 p.m. the Wednesday before the Council meeting date. I accept [This is an automated email notification -- please do not respond] 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Report No: CASPO 2017-24 COMMUNITY AND STRATEGIC PLANNING Council Date: February 13, 2017 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community and Strategic Planning Applications for Official Plan Amendment & Zone Change OP 16-11-7; ZN 7-16-09 – Town of Tillsonburg Non-Profit Housing Corp. REPORT HIGHLIGHTS • The applications for Official Plan amendment and Zone Change propose to re-designate and rezone the site to permit medium density residential development, consisting of a one storey apartment building with 16 apartment units. • Comments received through the Agency circulation of the proposal will be addressed through the site plan approval process. • Planning staff are recommending that the application be supported, as it is consistent with the strategic initiatives and objectives of the Official Plan respecting new medium density residential development. DISCUSSION Background OWNER: Town of Tillsonburg 200 Broadway, Suite 200, Tillsonburg ON N4G 5A7 OWNER: Christian & Stephanie Liptak 14 Beech Blvd, Tillsonburg ON N4G 5R7 APPLICANT: Town of Tillsonburg Non-Profit Housing Corp. Box 203, Tillsonburg ON N4G 4H5 LOCATION: The subject lands consist of two properties described as Lots 598, 599 & 600, Plan 500, and Part 1 of Reference Plans 41R-6175, 41R-6762, & 41R-8912, in the Town of Tillsonburg. The lands are located on the south west corner of the Sanders Street and Hardy Avenue intersection, and are municipally known as 13 Sanders Street and 8 Hardy Avenue. Page 1 of 7 74 Report No: CASPO 2017-24 COMMUNITY AND STRATEGIC PLANNING Council Date: February 13, 2017 COUNTY OF OXFORD OFFICIAL PLAN: EXISTING: Schedule “T-2” Town of Tillsonburg Residential Density Plan Low Density Residential PROPOSED: Schedule “T-2” Town of Tillsonburg Residential Density Plan Medium Density Residential TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Low Density Residential Type 1 Zone (R1) Proposed Zoning: Medium Density Residential Zone (RM) PROPOSAL: The purpose of the Applications for Official Plan Amendment and Zone Change is to permit a one storey apartment building with 16 one bedroom apartment units on the subject lands. The proposed Official Plan amendment would re-designate the site from Low Density Residential to Medium Density Residential, and the zone change would rezone the property from Low Density Residential Type 1 Zone (R1) to Medium Density Residential Zone (RM). The subject property is comprised of two parcels, approximately 0.38 ha (0.94 ac.) in area and are currently vacant. The easterly parcel was most recently used as a Town Parks and Recreation work yard, and the westerly parcel was occupied by a single detached dwelling that was removed in 2013. The applicant proposes to construct a one storey apartment building with 16 one bedroom apartment units, with an approximate gross floor area of 947.6 m2 (10,200 ft2). Surrounding land uses include lower density residential uses consisting of single detached dwellings, with some multi-unit residential dwellings on Hardy Avenue. The Tillsonburg Community Centre is located approximately 130 m (425’) to the north east, and Memorial Park is located at the eastern end of Sanders Street, approximately 120 m (400’) to the east. Plate 1, Existing Zoning and Location Map, shows the location of the subject property and the existing zoning in the immediate vicinity. Plate 2, 2015 Aerial Photo, provides an aerial view of the subject property. Plate 3a, Applicant’s Sketch, is the applicant’s proposed building location and parking lot layout. Plate 3b, Applicant’s Sketch, depicts the interior layout of the proposed apartment building. Plate 4, Proposed Building Elevations, provides a conceptual design of the proposed building appearance from Sanders Street. The Town of Tillsonburg, and Christian & Stephanie Liptak, as the owners of the site, have entered into agreements of purchase and sale with the applicant and have authorized the applicant to submit the Official Plan Amendment and Zoning By-law amendment applications. Page 2 of 7 75 Report No: CASPO 2017-24 COMMUNITY AND STRATEGIC PLANNING Council Date: February 13, 2017 Application Review PROVINCIAL POLICY STATEMENT: The 2014 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions “shall be consistent with” all policy statements issued under the Act. Section 1.1.1 provides that healthy liveable and safe communities are sustained by accommodating an appropriate range and mix of residential (including second units, affordable housing, and housing for older persons) to meet long-term needs, and promoting cost-effective development that minimizes land consumption and servicing costs. Section 1.4.3 directs that planning authorities shall provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents by permitting and facilitating all forms of housing required to meet the social, health, and well-being requirements of current and future residents, including special needs requirements and increasing the supply of affordable housing, and utilizing existing infrastructure and public service facilities. Section 1.1.3.1 of the PPS states that Settlement Areas will be the focus of growth and their vitality and regeneration shall be promoted. Land use patterns within settlement areas shall be based on: • densities and mix of land uses which are appropriate for, and efficiently use the infrastructure and public service facilities which are planned or available; • support active transportation; • efficiently use land and resources; • a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated. OFFICIAL PLAN: The Official Plan states that Medium Density Residential Areas are those lands that are primarily developed or planned for low to medium profile multiple unit development that exceeds densities established for Low Density Residential areas. Residential uses within the Medium Density Residential areas include townhouses, medium density cluster development, converted dwellings and low-rise apartments. The maximum net residential density in the Medium Density Residential area is 62 units per hectare (25 units per acre) and no building shall exceed four stories in height at street elevation. Within areas of new Medium Density Residential development, the minimum net residential density shall be 31 units per hectare (13 units per acre). In addition to areas predominantly composed of existing or planned Medium Density Residential development as identified on Schedule T-2, any further designations will be consistent with the following location criteria: • sites which abut arterial or collector roads or which are situated such that movements from the site do not flow through any adjoining Low Density Residential area; • sites which are close to shopping, recreation, cultural and community facilities; Page 3 of 7 76 Report No: CASPO 2017-24 COMMUNITY AND STRATEGIC PLANNING Council Date: February 13, 2017 • sites which are adjacent to commercial areas, Community Facilities or High or Medium Density Residential areas. Any lands proposed for Medium Density Residential development not identified on Schedule T-2 will require an amendment to the Official Plan. In addition to the location policies identified, when considering proposals to designate lands for Medium Density Residential development, Town Council and County Council will be guided by the following site specific criteria: • the size, configuration and topography of the site is such that there is sufficient flexibility in site design to mitigate adverse effects on the amenities and character of any adjacent Low Density Residential area through adequate buffering and screening; • the location of vehicular access points and the likely effects of traffic generated by the proposal on Town streets has been assessed and is acceptable; • adequate hard service capacity including water distribution, sanitary and storm sewers, power and gas distribution facilities is or will be available to accommodate the proposed development; • off-street parking and outdoor amenity areas can be provided; • the effect of the proposed development on environmental resources or the effect of environmental constraints on the proposed development will be addressed and mitigated as outlined in Section 3.2. TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is currently zoned ‘Low Density Residential Type 1 Zone (R1)’, according to the Town of Tillsonburg Zoning By-law. The applicant proposes to rezone the subject properties to ‘Medium Density Residential Zone (RM)’. Permitted uses within the ‘Medium Density Residential Zone (RM)’ include an apartment dwelling, boarding and lodging house, multiple-unit dwelling, and a street fronting townhouse. Once the two existing lots have been consolidated, the resulting lot and 16 apartment units will comply with the provisions of the RM zone. The provisions for parking areas are contained with Section 5.24 of the Zoning By-law. The applicant is not seeking any relief from the parking requirements of the Zoning By-Law. AGENCY COMMENTS: The applicant’s proposal was circulated to various public agencies considered to have an interest in the proposal. The Tillsonburg Chamber of Commerce indicated that they are in support of this application. Town of Tillsonburg Building Services indicated that if approved, the proposed development would be subject to site plan control. Town of Tillsonburg Engineering Services Department indicated that they have no concerns with the applications for Official Plan amendment and zone change. During the site plan process the applicant will be required to extend adequately sized services to the property, and provide storm water management prior to discharging runoff into the storm sewer. All drainage is to be self-contained. Page 4 of 7 77 Report No: CASPO 2017-24 COMMUNITY AND STRATEGIC PLANNING Council Date: February 13, 2017 Oxford County Public Works Department indicated that they have no comments regarding the proposed Official Plan Amendment and Zoning change. Assuming that the subject applications are approved, the following preliminary comments are provided to the applicant in advance of a site plan submission: • one water service and one water meter will be permitted to service the proposed apartment building; • replacement/upsizing, if/as required, of existing water and/or sanitary sewer services will be at the expense of the owner. The Town Development Commissioner provided the following comments: The Town of Tillsonburg is the Seller of the subject property. The former Parks & Recreation property was listed for sale subsequent to being declared surplus in October 2011. Since then, the Town has received three different offers (one in 2012, one in 2014, and one in 2015) with none proceeding to close. The redevelopment and intensification proposed by this development would appear to be beneficial to the Town and the community. With respect to the proposed use by the Tillsonburg Non-Profit Housing Corporation, it supports Goal 3.3 of the Community Strategic Plan, which is to “Support the aging population and an active senior citizenship”. This development would enable more low income seniors to find affordable housing and reduce the current waitlist significantly. Canada Post Corporation indicated that as the development includes plans for (a) multi-unit building(s) with a common indoor entrance, the developer must supply, install and maintain the mail delivery equipment within these buildings to Canada Post’s specifications. PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application was circulated to surrounding property owners on two occasions, December 13, 2016 & January 30, 2017. Two letters of concern were received in response to public circulation of this application. One letter of concern was received from a landowner at 18 Sanders Street, expressing concerns with the appearance and density of the proposed building, as well as the potential tenants of the building. The second letter of concern was received from a landowner at 387 Broadway, expressing concerns with the potential impact of the development on the neighbourhood. The letters are included as attachments to this report. Oxford County Council is scheduled to consider the proposed Official Plan Amendment at their February 22, 2017 regular meeting of Council. Planning Analysis The applications for Official Plan Amendment and Zone Change propose to redesignate and rezone the subject lands to facilitate the construction of a one storey apartment building, consisting of 16 one bedroom apartment dwelling units. The proposed development of the subject lands will provide more housing choice for the residents of Tillsonburg and is considered to be an efficient use of the lands, municipal services and infrastructure. It is the opinion of this Office that the subject application is consistent with the housing, intensification, and redevelopment policies of the PPS. Additionally, staff are of the Page 5 of 7 78 Report No: CASPO 2017-24 COMMUNITY AND STRATEGIC PLANNING Council Date: February 13, 2017 opinion that this proposal will assist in providing a mix of housing types and tenures for current and future residents of the Town. Staff have reviewed this proposal in light of relevant Official Plan policies for areas of new Medium Density Residential Development and are of the opinion that the proposal is consistent with the Official Plan and satisfies the review criteria contained therein. The subject lands are in close proximity to community facilities including the Tillsonburg Recreation Centre and the size, shape, and topography of the lands are such that the proposed apartment building can be easily accommodated within the RM zone provisions. Although the property is not directly located on an arterial road, the limited traffic anticipated from the development (consisting of 16 one bedroom apartments for seniors) and the proximity to Broadway will result in minimal impact on existing low density development in the area. Town Engineering Services Department have indicated that no traffic study will be required. All required parking can be provided on site, and due to the large size of the subject property, opportunities exist for buffering, screening, and adequate outdoor amenity areas can be provided for the development. Adequate municipal services are available, or can be extended to service the proposed development. The apartment units will be targeted for seniors currently waitlisted with the applicant, and as all required off-street parking will be provided, there is no expected adverse impact to parking or traffic patterns in the vicinity. The applicant has not sought any special provisions through the proposed rezoning, and has indicated that the development will comply with the requirements of the RM zone. The applicant has provided preliminary building elevations that depict a low rise, one storey structure that will be typical of the predominant building height in the area. Additionally, as part of the site plan approval process, landscaping, buffering, drainage and grading, and lighting will be addressed. In light of the foregoing, this Office is satisfied that the applicant’s request to increase the residential density of the site and rezone the subject lands to facilitate the development of a one storey apartment building is consistent with the PPS and supports the strategic objectives and general intent and purpose of the Official Plan and can therefore be given favourable consideration. Page 6 of 7 79 Report No: CASPO 2017-24 COMMUNITY AND STRATEGIC PLANNING Council Date: February 13, 2017 RECOMMENDATIONS 1. It is recommended that the Council of the Town of Tillsonburg support the application to amend the Oxford County Official Plan (File No. OP 16-11-7) as submitted by Town of Tillsonburg Non-Profit Housing Corp., for lands located at 8 Hardy Avenue & 13 Sanders Street, in the Town of Tillsonburg to re-designate the subject property from Low Density Residential to Medium Density Residential to facilitate the construction of a one storey apartment building; 2. It is recommended that the Council of the Town of Tillsonburg approve-in-principle the zone change application submitted by Town of Tillsonburg Non-Profit Housing Corp., whereby the lands described as Lots 598, 599 & 600, Plan 500, Part 1 of 41R-6762, Part 1 of 41R-6175, Part 1 of 41R-8912, known municipally as 13 Sanders Street and 8 Hardy Avenue, are to be rezoned from Low Density Residential Type 1 Zone (R1) to Medium Density Residential Zone (RM). SIGNATURES Authored by: “original signed by” Eric Gilbert, MCIP RPP Senior Planner Approved for submission: “original signed by” Gordon K. Hough, RPP Director Page 7 of 7 80 December 2, 2016 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 1020 Notes NAD_1983_UTM_Zone_17N 51 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Zoning (Displays 1:16000 to 1:500) 81 December 2, 2016 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 330 Notes NAD_1983_UTM_Zone_17N 17 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Zoning (Displays 1:16000 to 1:500) 82 83 255'-3"54'-0"18'-0"22'-0"43'-11" 5'-6"SANDERS STREETHARDY AVENUETYPICAL SUITE AREA: 591 SF3 BARRIER FREE UNITS REQUIRED (640 SF)BARRIER-FREE PARKINGBARRIER-FREE PARKINGBARRIER-FREE PARKINGBARRIER-FREE PARKING22' DRIVEWAY (1.5 x 18 UNITS = 24 SPACES)3 FUTURE SPACESPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINE123BFBF67891011BF141516DNDN8914DATE:DRAWN BY:SCALE:CHECKED BY:PRINT DATE:January 27, 2017X/X"=1'-0"G.R.B.A.M.C.PROJECT No.:17-1690DO NOT SCALE DRAWINGS. DRAWINGS MUST BE READ IN CONJUNCTION WITH WRITTEN SPECIFICATIONS. ALL WORK SHALL BE CARRIED OUT ACCORDING TO LATEST VERSIONS OF THE ONTARIO BUILDING CODE, OTHER APPLICABLE CODES, AND ALL AUTHORITIES HAVING JURISDICTION. CHECK AND VERIFY ALL DIMENSIONS AND REPORT ALL DISCREPANCIES OR AMBIGUITIES TO THE ARCHITECT PRIOR TO CONSTRUCTION."Guy R. Bellehumeur, B. Arch., OAA, MRAIC,Principal Architect of GB ARCHITECT INC. is thedesigner for this project with respect to all architecturalwork identified on this drawing sheet. The OntarioAssociation of Architects has assignedas per requirements of the Ministry of MunicipalAffairs & Housing Bill 124."Guy R. Bellehumeur & GB ARCHITECT INC.The Architect above has exercised responsible controlwith respect to design activities. The Architect's sealnumber is their BCDN number.SITE PLANJanuary 27, 2017SANDERS STREETAPARTMENTSTILLSONBURG, ONTARIOPlate 3b: Applicant's Sketch File No. OP 16-11-7 & ZN 7-16-09 - Town of Tillsonburg Non-Profit Housing Corporation Lot 598-600, Plan 500, Town of Tillsonburg - 8 Hardy Avenue and 13 Sanders Crescent84 DATE:DRAWN BY:SCALE:CHECKED BY:PRINT DATE:January 27, 2017X/X"=1'-0"G.R.B.A.M.C.PROJECT No.:17-1690DO NOT SCALE DRAWINGS. DRAWINGS MUST BE READ IN CONJUNCTION WITH WRITTEN SPECIFICATIONS. ALL WORK SHALL BE CARRIED OUT ACCORDING TO LATEST VERSIONS OF THE ONTARIO BUILDING CODE, OTHER APPLICABLE CODES, AND ALL AUTHORITIES HAVING JURISDICTION. CHECK AND VERIFY ALL DIMENSIONS AND REPORT ALL DISCREPANCIES OR AMBIGUITIES TO THE ARCHITECT PRIOR TO CONSTRUCTION."Guy R. Bellehumeur, B. Arch., OAA, MRAIC,Principal Architect of GB ARCHITECT INC. is thedesigner for this project with respect to all architecturalwork identified on this drawing sheet. The OntarioAssociation of Architects has assignedas per requirements of the Ministry of MunicipalAffairs & Housing Bill 124."Guy R. Bellehumeur & GB ARCHITECT INC.The Architect above has exercised responsible controlwith respect to design activities. The Architect's sealnumber is their BCDN number.ELEVATIONS &BASEMENT PLANJanuary 27, 2017SANDERS STREETAPARTMENTSTILLSONBURG, ONTARIOPlate 4: Proposed Building Elevations File No. OP 16-11-7 & ZN 7-16-09 - Town of Tillsonburg Non-Profit Housing Corporation Lot 598-600, Plan 500, Town of Tillsonburg - 8 Hardy Avenue & 13 Sanders Street85 Subject Property Looking west on Hardy Avenue Site Photos OP 16-11-7 & ZN 7-16-09: Town of Tillsonburg Non-Profit Housing Corp. Subject Property Looking south-west on Sanders Street 86 Subject Property Looking south on Sanders Street Site Photos OP 16-11-7 & ZN 7-16-09: Town of Tillsonburg Non-Profit Housing Corp. Subject Property Looking south-east on Sanders Street 87 From:Larry Scanlan To:Eric Gilbert Subject:8 Hardy Ave Application for variance file # OP 16-11-7 & 7-16-09 Date:February-03-17 2:01:42 PM Eric I and others in the neighbourhood have concerns about this application. I have to admit I was hopeful when this application was first presented to Council, as the document presented indicated “town homes” and now we discover it is an apartment building. As well, we recently received an artist’s conception in our mail boxes that shows a building reminiscent of an army barrack or a nursing home. The design does not remotely fit into the neighbourhood. As well with sixteen apartments at two people per unit proposed maximum, they have again effectively doubled the population of the street. I am not personally against geared to income housing for seniors and I am not comfortable coming to Council again to speak against the application, however this proposed building and application does not leave me many options. As well I am concerned about the proposed minimum age of 65. I am concerned that this unit has the potential of turning into a building that houses individuals of a much younger age that creates other issues as has happened with at least two other buildings in our community that were also initially designated as senior’s only buildings and now are anything but. Sincerely Larry Scanlan 18 Sanders St Tillsonburg I thin Sent from Mail for Windows 10 88 89 1.0 PURPOSE OF THE AMENDMENT The purpose of the amendment is to re-designate certain lands in the Town of Tillsonburg from ‘Low Density Residential’ to ‘Medium Density Residential’ to facilitate the development of the lands for a low rise apartment building. 2.0 LOCATION OF LANDS AFFECTED This amendment applies to land in the Town of Tillsonburg comprising an area approximately 0.38 ha (0.94 ac) that consists of two properties described as Lots 598, 599 & 600, Plan 500, and Part 1 of Reference Plans 41R-6175, 41R-6762, & 41R-8912, in the Town of Tillsonburg. The lands are located on the south west corner of the Sanders Street and Hardy Avenue intersection, and are municipally known as 13 Sanders Street and 8 Hardy Avenue. 3.0 BASIS FOR THE AMENDMENT The subject lands comprise lands currently designated Low Density Residential according to the Residential Density Plan for the Town of Tillsonburg as contained in the County Official Plan. This amendment to Schedule “T-2” of the Official Plan will re-designate the subject lands to Medium Density Residential to facilitate the construction of a one storey apartment building with 16 one bedroom units. The proposed development of the subject lands will provide more housing choice for the residents of Tillsonburg and is considered to be an efficient use of the lands, municipal services and infrastructure. It is the opinion of Council that the proposed use of the lands is consistent with the housing, intensification, and redevelopment policies of the PPS. Additionally, this proposal will assist in providing a mix of housing types and tenures for current and future residents of the Town. Council has reviewed this proposal in light of relevant Official Plan policies for areas of new Medium Density Residential Development and are of the opinion that the proposal is consistent with the Official Plan and satisfies the review criteria contained therein. The subject lands are in close proximity to community facilities including the Tillsonburg Recreation Centre and the size, shape, and topography of the lands are such that the proposed apartment building can be easily accommodated within the RM zone provisions. Although the property is not directly located on an arterial road, the limited traffic anticipated from the development and the proximity to Broadway will result in minimal impact on existing low density development in the area. Town Engineering Services Department have indicated that no traffic study will be required. All required parking can be provided on site, and due to the large size of the subject property, opportunities exist for buffering, screening, and adequate outdoor amenity areas can be provided for the development. Adequate municipal services are available, or can be extended to service the proposed development. The apartment units will be targeted for seniors currently waitlisted with the applicant, and as all required off-street parking will be provided, there is no expected adverse impact to parking or traffic patterns in the vicinity. Land uses in proximity to this subject site are predominantly low density residential uses consisting of single detached dwellings. It is anticipated that the redevelopment of the subject lands and the proposed use of the lands as an low rise apartment building will have minimal impact on the existing development in the surrounding area and vicinity. - 1 - 90 4.0 DETAILS OF THE AMENDMENT 4.1 That Schedule “T-2” – Town of Tillsonburg Residential Density Plan, is hereby amended by changing to “Medium Density Residential” the land use designation of those lands identified as “ITEM 1” on Schedule “A” attached hereto. 5.0 IMPLEMENTATION This Official Plan Amendment shall be implemented in accordance with the relevant implementation policies contained in the Official Plan. 6.0 INTERPRETATION This Official Plan Amendment shall be interpreted in accordance with the relevant interpretation policies of the Official Plan. - 2 - 91 PN PN 9953 C A N A DIA N P A C IFI C R A IL WA Y CONCESSION ST W TILLSONAVECONCESSION ST E B R O A D WA Y GLENDALE DRL I S G A R A V E SCHEDULE "A" AMENDMENT No. 206 TO THECOUNTY OF OXFORDOFFICIAL PLAN SCHEDULE "T-2"TOWN OF TILLSONBURG RESIDENTIAL DENSITY PLAN © 0 200 400100 Metres - AREA OF THIS AMENDMENT ITEM 1 - CHANGE FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL RESIDENTIAL DENSITY PLANLEGEND Low Density Residential Medium Density Residential High Density Residential Open Space Environmental Protection PN Neighbourhood ParkITEM 192 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4040 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘RM’ the zone symbol of the lands so designated ‘RM’ on Schedule “A” attached hereto. 2. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this 27th day of February, 2017. READ a third time and finally passed this 27th day of February, 2017. Mayor Clerk 93 LOT 599LOT 598W E L D I N G R O A D (CLOSED)UNNUMBERED LOTL O T 6 0 4PART 1 41R-6762PART 1 41R-6175PART 141R-8912N16°25'00"W 39.05NW ANGLELOT 600, PLAN 500 SANDERS ST HARDY AVEWELDINGST40.23LOT 600P L A N 5 0 0 N66°15'30"E 95.74 N65°46'00"E 81.29 S C H EDU L E "A" LOTS 598, 599, 600, AND PART OF WELDING ROAD (CLOSED), AND PART OF UNNUMBERED LOT (SOUTH OFSANDERS ST. AND WEST OF HARDY AVE.), PLAN 500 PART 1 REFERENCE PLAN 41R-6762, PART 1 REFERENCE PLAN 41R-6175 AND PART 1 REFERENCE PLAN 41R-8912 TOWN OF TILLSONBURG AREA OF ZONE CHANGE TO RM NOTE: ALL DIMENSIONS IN METRES THIS IS SCHEDULE "A" MAYOR CLERK TO BY-LAW No. ________________, PASSED THE __________ DAY OF ____________, 2017 TO BY-LAW No.© 6 0 6 12 183 METRES 94 ZN 7-16-09 TOWN OF TILLSONBURG BY-LAW NUMBER 4033 EXPLANATORY NOTE The purpose of By-Law Number 4033 is to rezone the subject property from ‘Low Density Type 1 Zone (R1)’ to ‘Medium Density Residential Zone (RM)’ to facilitate the construction of a one storey apartment building with 16 one bedroom apartment units. The subject lands consist of two properties described as Lots 598, 599 & 600, Plan 500, and Part 1 of Reference Plans 41R-6175, 41R-6762, & 41R-8912, in the Town of Tillsonburg. The lands are located on the south west corner of the Sanders Street and Hardy Avenue intersection, and are municipally known as 13 Sanders Street and 8 Hardy Avenue. The Municipal Council, after conducting the public hearing necessary to consider any comments to the proposed zone change application, approved By-Law Number 4033. The public hearing was held on February 13th, 2017. Two letters of concern were received respecting the proposed density of the development and design of the site. The project will be subject to site plan approval and matters such as landscaping, buffering, parking lot design, building location will be addressed through the site plan process. Any person wishing further information relative to Zoning By-Law Number 4033 may contact the undersigned: Ms. Donna Wilson Clerk Town of Tillsonburg 200 Broadway, 2nd Floor Town Centre Mall Tillsonburg, ON N4G 5A7 Telephone: 842-9200 File: ZN 7-16-09 (Town of Tillsonburg Non-Profit Housing Corp.) Report No: 2017-24 95 La ke Lisgar CONCESSION ST W THIRD ST A LLENSTJ O H N S T PARK AVESECOND ST SANDERS ST FRANK STPARKSIDE DRG L E N D A L E D R ANN STBROADWAYGOW RIE S T E NI A G A R A S T ROSS STALLEY ALLEYWELDI NG STCRA I G ST G O W R IE S T WTHORNCLIFFCIRHAWT H ORNEST DELEVAN CRESVICTORIA STHARDY AVEDENTON AVEKEY MAP LANDS TO WHICH BYLAW ____________ APPLIES © 50 0 50 100 15025 METRES 96 Minister of Ministre des Affaires Seniors Affairs des personnes âgées 6th Floor 6e étage 400 University Avenue 400, avenue University Toronto ON M7A 2R9 Toronto ON M7A 2R9 Tel.: (416) 314-9710 Tél.: (416) 314-9710 Fax: (416) 325-4787 Téléc.: (416) 325-4787 March 2017 Dear Mayor, Reeve and Members of Council: I am pleased to invite you to participate in the 2017 Senior of the Year Award. This annual award was established in 1994 to give each municipality in Ontario the opportunity to honour one outstanding local senior, who after the age of 65 has enriched the social, cultural or civic life of his or her community. Pay tribute to a Senior of the Year award recipient and show how seniors are making a difference in your community! Make a nomination for Senior of the Year! Deadline is April 30, 2017. A certificate, provided by the Ontario government, is signed by Her Honour the Honourable Elizabeth Dowdeswell, Lieutenant Governor, myself as Minister of Seniors Affairs, and the local Head of Council. The Government of Ontario is proud to offer this partnership with the municipalities. Seniors have generously offered their time, knowledge, expertise and more to make this province a great place to live. It is important to recognize their valuable contributions. If you have questions, please contact the Ontario Honours and Awards Secretariat: Email: ontariohonoursandawards@ontario.ca Phone: 416 314-7526 Toll-free: 1 877-832-8622 TTY: 416 327-2391 Thank you in advance for taking the time to consider putting forward the name of a special senior in your community. Sincerely, The Honourable Dipika Damerla Minister 97 Minister of Ministre des Affaires Seniors Affairs des personnes âgées 6th Floor 6e étage 400 University Avenue 400, avenue University Toronto ON M7A 2R9 Toronto ON M7A 2R9 Tel.: (416) 314-9710 Tél.: (416) 314-9710 Fax: (416) 325-4787 Téléc.: (416) 325-4787 Mars 2017 Madame la mairesse, Madame la préfète, chères membres du conseil, Monsieur le maire, Monsieur le préfet, chers membres du conseil, J’ai le plaisir de vous inviter à participer au Prix de la personne âgée de l’année 2017. Ce prix annuel a été instauré en 1994 pour donner à chaque municipalité la possibilité de rendre hommage à une personne âgée exceptionnelle de la localité qui, après ses 65 ans, a enrichi la vie sociale, culturelle ou citoyenne de sa collectivité. Rendez hommage à une ou un récipiendaire du Prix de la personne âgée de l’année, et montrez comment les personnes âgées font une différence dans votre collectivité! Proposez une candidature pour le Prix de la personne âgée de l’année! La date limite est le 30 avril 2017. Un certificat, fourni par le gouvernement de l’Ontario, est signé par Son Honneur l’honorable Elizabeth Dowdeswell, lieutenante-gouverneure, par moi-même, en qualité de ministre des Affaires des personnes âgées, et par la ou le chef du conseil de la localité. Le gouvernement de l’Ontario est fier d’offrir ce partenariat aux municipalités. Les personnes âgées ont généreusement offert leur temps, leurs connaissances, leur savoir-faire et davantage, pour faire de cette province un endroit où il fait bon vivre. Il est important de rendre hommage à leurs précieuses contributions. Pour toute question, veuillez communiquer avec le Secrétariat des distinctions et prix de l’Ontario : Courriel : ontariohonoursandawards@ontario.ca Téléphone : 416 314-7526 Sans frais : 1 877 832-8622 ATS : 416 327-2391 Je vous remercie d’avance de prendre le temps de songer à proposer le nom d’une personne âgée exceptionnelle de votre collectivité, et je vous prie de croire à l’expression de mes sentiments les meilleurs. La ministre, L’honorable Dipika Damerla 98 Report Title CAO Performance Evaluation 2016 Report No. MYR 17-01 Author Stephen Molnar - MAYOR Meeting Type Council Meeting Council Date March 13, 2017 Attachments RECOMMENDATION That Council receives MYR 17-01 CAO Performance Evaluation 2016 as Information; And That Council establishes and appoints a CAO Performance Review Committee; And That Council appoints Mayor Molnar and ____________________ and _________________ to the CAO Performance Review Committee; And Further That Council approves the proposed 2016 CAO Performance Evaluation Process as outlined in MYR 17-01. EXECUTIVE SUMMARY The requirement for a CAO performance evaluation is a condition of employment which states on or about the anniversary date, the CAO will participate in an annual performance review conducted by the Mayor and members of Council or a Committee of Council. BACKGROUND In accordance with the above, it is being recommended that a CAO Performance Review Committee be established in order to provide a process for all Council members to participate in the CAO performance review. It is anticipated that the role of the CAO Performance Review Committee is to: • Review the objectives/themes communicated by the CAO; • Review the performance of the CAO in 2016 in relation to Council direction and CAO initiatives; • With the CAO, jointly develop goals and objectives for 2017; • Establish the measurement criteria for the defined goals and objectives in 2017; • Make a recommendation to Council regarding 2017 goals and objectives; • Provide recommendations for CAO compensation on a yearly basis. Page 1 / 2 REPORTmayor17-01CAOevaluation 99 CONSULTATION/COMMUNICATION The Committee will extend the opportunity for input and feedback from all members of Council in advance of forwarding a final report for consideration. FINANCIAL IMPACT/FUNDING SOURCE Any financial impact is dependent on recommendations that may be made by the Committee, subject to Council approval regarding compensation. Any impact has been considered within the 2017 approved budget. COMMUNITY STRATEGIC PLAN (CSP) IMPACT Excellence in Local Government; 1.1) Demonstrate strong leadership in Town initiatives 1.2) Demonstrate accountability Page 2 / 2 100 Report Title 2016 Fourth Quarter Financial Results Report No. FIN 17-08 Author JANELLE COSTANTINO Meeting Type Council Meeting Council Date MARCH 13, 2017 Attachments 2016 Q4 Consolidated Results RECOMMENDATION THAT Council receives report FIN 17-08 2016 Fourth Quarter Financial Results as information. EXECUTIVE SUMMARY To provide Council with the January 1, 2016 to December 31, 2016 Town wide actual financial results. SUMMARY OF OPERATIONAL RESULTS The attached spreadsheet summarizes by department the variances between 2016 actual results for the year ending December 31, 2016 and the 2016 YTD budget. The overall Town wide consolidated 2016 surplus is $236,127. Questions or comments relative to the departmental 2016 Q4 revenues and expenditures should be referred to the other members of the Senior Leadership Team for commentary. Page 1 / 1 FIN17-08 2016 Fourth Quarter Financial R 101 2016 YTD Budget Budget Actuals Variance Finance 110 Finance 1,839,700 1,620,475 (219,225) 120 CSC 63,300 58,222 (5,078) Total Finance 1,903,000 1,678,697 (224,303) DCS 100 Council 319,900 309,758 (10,142) 180 Protection 212,200 191,536 (20,664) 190 Building 83,300 4,575 (78,725) 500 DCS 91,400 95,101 3,701 505 EcDev 335,100 336,763 1,663 510 BIA (1) (1) Total DCS 1,041,900 937,732 (104,168) Fire 150 Fire 1,088,900 1,077,440 (11,460) 160 Police 2,825,000 2,768,083 (56,917) Total Fire 3,913,900 3,845,523 (68,377) Operations 130 Fleet (320,300) (313,040) 7,260 145 Hyd (130,200) (149,449) (19,249) 200 Op Admin 218,500 210,627 (7,873) 210 Engineering 267,800 249,168 (18,632) 220 Roads 1,492,000 1,508,866 16,866 225 Winter Mtce 510,600 572,080 61,480 230 Parking (36,400) (56,807) (20,407) 235 Streetlights 305,100 342,514 37,414 240 Airport 65,600 49,745 (15,855) 260 Storm Sewers 125,000 90,261 (34,739) 280 Solid Waste & Recycling 152,000 140,907 (11,093) Total Operations 2,649,700 2,644,872 (4,828) RCP 300 Cem 184,800 144,786 (40,014) 450 Parks 411,800 467,159 55,359 460 Rec - Programs 256,400 322,430 66,030 465 Rec - Bldg Mtce 2,094,200 2,138,346 44,146 467 EFC (32,400) (28,652) 3,748 475 Museum 261,200 277,108 15,908 Total RCP 3,176,000 3,321,177 145,177 Taxation 600 Municipal - Taxes (13,568,500) (13,546,360) 22,140 650 County - Gen 700 School Board Taxation (1) (1) Total Taxation (13,568,500) (13,546,361) 22,139 Total Town (884,000) (1,118,360) (234,360) 102 YTD YTD Budget Budget Actuals Variance Finance 110 Finance 170,000 167,387 (2,613) Total Finance 170,000 167,387 (2,613) Fire 150 Fire 60,500 56,911 (3,589) Total Fire 60,500 56,911 (3,589) Operations 130 Fleet 925 925 220 Roads 344,600 345,051 451 230 Parking 35,400 56,807 21,407 235 Streetlights 480 480 240 Airport 35,000 35,000 260 Storm Sewers 70,000 70,017 17 280 Solid Waste & Recycling 50,000 50,000 Total Operations 535,000 558,280 23,280 RCP 300 Cem 32,100 36,951 4,851 450 Parks 130,400 126,322 (4,078) 460 Rec - Programs 25,000 20,784 (4,216) 465 Rec - Bldg Mtce 56,000 57,022 1,022 475 Museum 15,000 (15,000) Total RCP 258,500 241,079 (17,421) Total Town 1,024,000 1,023,657 (343) 103 Report Title 2016 Fourth Quarter Finance Department Results Report No. FIN 17-09 Author JANELLE COSTANTINO Meeting Type Council Meeting Council Date MARCH 13, 2017 Attachments Finance Q4 Results RECOMMENDATION THAT Council receives report FIN 17-09 2016 Fourth Quarter Finance Department results as information. EXECUTIVE SUMMARY To provide Council with the actual January 1, 2016 to December 31, 2016 Finance Department financial results. SUMMARY OF OPERATIONAL RESULTS 2016 Business Objectives Objective Target Date Status Upgrade Northstar software TBD Completed February 2017 Corporate Office Workstations Q1 Unspent funds added to reserves for future spending Laserfiche Scanner Station Q2 Completed Domain Controller Server Q2 Delayed to Q4 CSC Delivery Model Q2 Delayed to 2017 – included in 2017 business plan Policy review based on Bill 8 – ensure required policies in place Q2 In progress Local Government Week Q4 Completed. Held on October 18, 2016 Cash Forecasting Model Development Q4 Delayed to 2017 Page 1 / 2 FIN17-09 2016 Fourth Quarter Finance Dep Results 104 Objective Target Date Status Telephone System Replacement Contribution to Reserves Q4 Completed Investigate The One Investment Program Q4 Delayed to 2017 IT Contribution to Reserves Q4 Completed Key Indicators 12/31/2016 12/31/2015 Tax Receivables $ 949,600 $1,191,497 Accounts Receivable $ 428,777 $469,764 FINANCIAL IMPACT/FUNDING SOURCE The 2016 fourth quarter Finance Department surplus is $141,174. This is broken down as follows: Department 100 – Council $ 10,142 Department 110 - Finance $ 110,892 Department 120 - Customer Service $ 20,140 $ 141,174 Details on major variances can be found in the attached Q4 results spreadsheet. Page 2 / 2 2016 Fourth Quarter Finance Department Results 105 106 107 108 109 Report Title Building, Planning & By-Law Services 2016 Annual Report Report No. DCS 17-07 Author Geno Vanhaelewyn, Chief Building Official Meeting Type Council Meeting Council Date March 13, 2017 Attachments Q4 Financial Summary RECOMMENDATION THAT Council receives Report DCS 17-07; Building/Planning/By-Law Services 2016 Annual Report as information. EXECUTIVE SUMMARY This report contains information on the annual activity volumes, trends over time, financials and updates on major initiatives. The statistics provided are inclusive from January 1, 2016 to December 31, 2016. BUILDING SERVICES Building Services experienced a record setting total number of permits issued (426) in review of statistics back to 1988. An increase in activity in terms of value of construction was recorded compared to 2015 due to a large increase in the residential single detached dwelling sector. All sectors with the exception of institutional experienced increased activity. These statistics are noted in the tables below. 2016 – Annual Building Permit Activity Overview (Jan 1/16 – Dec 31/16) Total Permits Issued 426 Inspections Completed 1,621 Total Construction Value $35,819,258 Total Permit Revenue $ 396,771 2016 Permit Class Comparison Single Dwellings Other Residential Institutional Commercial Industrial Permits Issued 117 183 4 107 15 Estimated Value 22,986,868 2,931,504 76,114 5,463,272 4,361,500 110 Value of Construction Comparisons CLASS 2016 2015 2014 2013 2012 2011 2010 Single Dwellings 22,986,868 11,290,464 11,690,744 10,162,224 8,910,390 7,122,237 8,463,514 Other Residential 2,931,504 3,278,262 3,746,308 2,470,956 1,476,617 6,713,598 1,474,086 Institutional 76,114 3,978,968 17,579,092 917,675 235,550 117,867 452,850 Commercial 5,463,272 729,400 3,246,669 2,430,382 7,855,600 1,248,735 1,127,140 Industrial 4,361,500 292,600 2,669,685 3,412,100 504,300 2,764,640 938,099 Total Value of Construction 35,819,258 19,569,694 38,932,498 19,442,337 18,982,457 17,967,077 12,455,689 2016 - Residential Construction Comparison YEAR TOTAL RESIDENTIAL PERMITS ISSUED SINGLE (DETACHED) DWELLINGS APARTMENT UNITS CONDOMINIUM UNITS TOTAL RESIDENTIAL CONSTRUCTION VALUE OVERALL CONSTRUCTION VALUES 2016 300 117 0 0 25,918,372 35,819,258 2015 218 61 23 0 14,568,726 19,569,694 2014 240 64 36 0 16,432,935 38,932,498 2013 200 67 1 0 12,643,180 19,442,337 2012 203 54 0 0 10,387,007 18,982,457 2011 249 42 68 - 13,781,335 17,921,577 2010 236 58 - - 8,463,514 12,455,689 2009 175 42 30 - 20,267,358 26,021,858 2008 228 41 - 10 8,924,882 13,407,055 2007 299 98 13 - 16,471,262 22,770,077 2006 252 73 2 - 11,822,167 19,723,767 2005 205 80 8 44 18,097,035 26,905,724 2004 207 99 - 11 13,922,583 25,162,143 2003 226 91 7 - 11,034,795 28,168,745 2002 188 76 - 8 9,168,462 17,716,228 2001 129 44 - - 5,000,000 8,695,818 2000 124 67 - - 6,500,000 14,585,763 1999 195 112 1 1 11,374,690 17,683,514 1998 206 113 - - 10,851,210 20,680,949 1997 179 123 - 11 11,288,647 18,370,795 1996 142 108 4 - 8,952,204 11,734,730 1995 133 70 4 5 6,735,200 20,433,892 Inspection Activity Comparisons Output Measures/Activity Quantity 2014 Quantity 2015 Quantity 2016 Building Inspections Completed 1408 1269 1621 2 CAO 111 Major Construction/Development Projects: • 41 Broadway – Commercial/Residential Alterations • 51 Venison W - St Mary’s Catholic Church – Renovation/Addition • 124 Tillson Ave – Gas Station Demo/Re-Construction • 269 Quarter Town Line – New Pentecostal Church • 138 Broadway – Optometrist – Demo/Re-construction • 20 Clearview – Wiseline Metal Sales – New Industrial Construction • 584 Broadway – Dental Office – Demo/Re-Construction • 519 Broadway – Optometrist - Demo/Re-Construction • 230 Lisgar – Lisgar Plaza – Renovation • 24 Clearview – Xcel Fabrication - New Industrial Construction • Glendale West Subdivision Building Financial Impact Completed work was funded through 2016 budget allotments with Building Services resulting in a balanced operating budget. This is a result of net permit revenue being over budget $193,900; net contribution from reserves under budget $34,325; net contracted services over budget $11,107 due to unexpected legal costs and consolidated surplus contributed to reserves due to the increase in permit revenue. A copy of the financial summary has been attached to this report. PLANNING SERVICES 2016 – Planning Activity Output Measures/Activity 2014 2015 2016 Minor Variance Applications 11 13 12 Zone Change Application 12 8 9 Site Plan Formal Consultations 8 13 4 Site Plan Approvals 10 6 10 Site Plan Applications (in progress) 2 4 5 Subdivision Agreements 2 1 4 Subdivision Amendment Agreements 0 1 1 Draft Plan of Subdivision Approval Ext 2 0 2 Site Plan Applications (in progress) • 183 Tillson Ave – Tillsonburg Rentals • 131 Tillson Ave- Gear Train • 142 Maple Lane- Abe Hiebert • 253 Broadway – Town of Tillsonburg • 136 Concession E – Community Living 3 CAO 112 BY-LAW SERVICES Records indicate that by-law and property standard activities and occurrences are fairly consistent with the previous year. The total number of parking tickets issued has increased due to the reimplementation of the winter overnight parking restriction. These activities are noted in the tables below. 2016 – By-Law Activity Output Measures– Quantity 2011 Actual 2012 Actual 2013 Actual 2014 Actual 2015 Actual 2016 Actual Parking Tickets Issued 904 753 873 478 547 891 Animal Tags Issued Cats 755 772 874 978 1054 1221 Dogs 1,615 1,671 1,963 2082 2188 2101 Enforcement – Complaints and Occurrences Parking, Taxi, Illegal Dumping, Noise 151 107 119 131 145 132 Property Stds, Zoning, Clean Yard, Sign, Fence, etc. 193 204 186 211 257 255 Animal Control 403 436 384 406 371 350 By-Law Financial Impact By-Law Services (Protection) resulted in a net operating surplus of $24,816. Net supplies and training in this sector was under budget $6,143 and net Animal Control was under budget $15,556 being primarily the subcontractor amount. A copy of the financial summary has been attached to this report. DEPARTMENTAL TASKS Fourth quarter misc. tasks/projects: • Implementation of the Taxi By-Law • CIP Program • Subdivision Agreement Review • 2016 Façade Improvement Program – ongoing • Building Permit Fee Study 2017 FORECAST It is projected that 2017 building and planning activities will remain very active across all sectors particularly the single family dwelling sector. By-Law Services activity for 2017 is anticipated to be consistent based on statistics from previous years. 4 CAO 113 114 115 116 Report Title Economic Development and Marketing Fourth Quarter Summary Report No. Report DCS 17-08 Author Cephas Panschow Meeting Type Council Meeting Council Date March 13, 2017 Attachments RECOMMENDATION THAT Council receive Report DCS 17-08 Economic Development and Marketing Fourth Quarter Summary for information purposes. EXECUTIVE SUMMARY The purpose of this report is to provide Council with an overview of Fourth quarter activity, financial results and business plan objectives. BACKGROUND Economic Development Activity 2015 2016 (TARGET) 2016 (ACTUAL) Lead Files Opened 90 110 91 Lead Files Closed 99 120 84 Corporate Visits 20 24 22 Client Visits 13 20 27 New Businesses Opened 14 14 20 Businesses Closed 6 N/A 7 Website Activity (Main Business Page) 3,097 3,400 2273* Website Activity (Business Directory) 5,822 6,400 3418* *Note that website statistics are not comparable or available due to the changeover to the new website on May 27, 2016. Page 1 / 4 DCS 17-08 117 In general, 2016 metrics were comparable to 2015 although targets were not fully met. However, arguably the most meaningful target is client visits to the community and 2016 was the highest level achieved to date at 27 investor visits, In terms of wins for the community, 2016 experienced a number of significant investments in the industrial, commercial and residential sectors as detailed below. New Businesses Admirable Aesthetics Salon & Spa Beauty Bomb Glam Beautiful You Cheryl's Hair & Nails Dirty Gutter Boyz Fox and Fawn Antiques and Collectibles Horizon Natural Health Centre Hue Salon Lena Luxury Nails and Spa Mobile Links Mobile Mend Myshofer Taxi No-Dice Games Pic This Studio Roka Billiards and Games Signature Steel Structures Solid Edge Wood Split Ends Hair Studio Stephanie's Hair Studio The Anchor Shoppe The Ripped Club Tillsonburg Brand Names Outlet Why Wait Taxi Your Local R.E. Team at Erie's Edge Closed Businesses Alliance One Tobacco Advanced Auto Dereham Forge Stamp Works OFCTGMB Prime Ingredient/Sears Prouse’s Home Furnishings Expansions/Relocations Bethel Temple Church Cup & Cake Dental Centre on Level One Page 2 / 4 CAO 118 Dr Nelles Dr Springer Dynamic Fluid Products Inc K D Heckford Developments Inc Opid Technologies Tillsonbrands Tillsonburg Dental Centre TFT Global Inc Town of Tillsonburg Non-Profit Housing Corporation (12 apartments) Some of the key investments made in Tillsonburg over the past year include: • Community Living – Stacked Townhouse Project • JMR Properties Inc – 253 Broadway Performance Communities Inc (Hayhoe Homes) – Andrew’s Crossing Subdivision • Xcel Fabrication & Design Limited The following table summarizes the status of the 2016 Business Plan objectives: Item Budget Value Target Date Status Design/Build Partnership $5,000 Q1 In process Online Targeted Campaign $3,500 Q1 Completed Branding Implementation – Phase 1 $10,000 Q1 – Q4 Completed (Phase 1) Discover Tillsonburg $16,500 Q1 – Q4 Completed High School Career Fair Support $1,000 Q2 Completed. 2016 event did not proceed Hwy 3 Business Park – Signage Refresh $3,000 N/A Not completed Youth Robotics Challenge $1,000 Q3 Completed Manufacturing Acceleration Program – Seed Funding $6,000 Q1 – Q4 Ongoing Community Improvement Plan $20,000 Q1 – Q4 Limited applications received due to program redesign. New CIP to be brought forward for Council approval in early 2017. Page 3 / 4 CAO 119 CONSULTATION/COMMUNICATION Not applicable. The Development Committee is provided with a summary of this report at their regular meetings. FINANCIAL IMPACT/FUNDING SOURCE The Economic Development & Marketing Department variances for the fourth quarter of 2016 are as follows: Department Variance Explanation Economic Development ($2,576) No significant variances from budget Development & Communications $3,701 No significant variances from budget COMMUNITY STRATEGIC PLAN (CSP) IMPACT Not applicable. Page 4 / 4 CAO 120 121 122 123 124 Report Title 2016 Fourth Quarter Operations Services Report No. OPS 17-07 Author Kevin De Leebeeck, P.Eng. Director of Operations Meeting Type Council Meeting Council Date March 13, 2017 Attachments • Operating & Capital Summaries RECOMMENDATION: THAT Council receive Report OPS 17-07, 2016 Fourth Quarter Operations Services as information. SUMMARY To provide Council with the January 1, 2016 to December 31, 2016 Operations Services financial results. Table 1: 2016 Operations Business Plan Objective Target Project Status Update Health and Safety policies and procedures for the Department Q1 - Q4 In Progress (Cont’d in 2017 BP) Comprehensive review of Winter Maintenance Program and development of a Winter Operations Plan Q4 In Progress (Cont’d in 2017 BP) Update Engineering Design Criteria to current industry standards & practices Q3 Delayed to 2017 BP Revise Subdivision and Site Plan Guidelines for improved communication with the development community Q4 Cancelled * (Incl. in 2017 BP) Asset Management Projects Q3/Q4 Inventory all Regulatory Signs Completed Inventory all Streetlights & Traffic Signals Delayed to 2017 BP Asset Management Plan Updates Q1 - Q4 Pavement Management Strategy Completed Bridge & Culvert Management Strategy Completed Develop project prioritization methodology Completed Water and Wastewater Rate review for implementation in 2017 to 2021 Q2/Q3 Completed Drive-by Water Meter Conversion Program Q1/Q2 Completed Traffic Calming Policy Q3 Cancelled * Municipal Drain and Stormwater Management Study Q3/Q4 Cancelled * Page 1 / 3 125 Accessibility for the Built Environment Upgrades Program Q2/Q3 In Progress (Cont’d in 2017 BP) Corridor Management Initiatives Q4 In Progress (Cont’d in 2017 BP) Transfer Station Review Q1 – Q4 In Progress (Cont’d in 2017 BP) North Street Sidewalk – Phase C (Oxford County Rd 20) Q3/Q4 Delayed to 2017 BP Trottier Subdivision Phase 1 Reconstruction – Stage 4 Q3/Q4 Completed (surface asphalt 2017) Riverview Subdivision Reconstruction Stage 1 Q3/Q4 Completed (surface asphalt 2017) Connecting Link Resurfacing – North St. to Town Limits Q3/Q4 Re-assigned ** ** Hot Mix Asphalt Paving Program Q3/Q4 Completed Medium Duty Vehicle Replacements Roads Unit # 23 – 2003 Ford F350 Q3 Completed Water Unit # 45 – 2004 GMC Van Q3 Completed Heavy Duty Vehicle Replacements Roads Unit # 62 – 2004 Peterbuilt Plow Truck Q4 Completed Fire Unit # 70 – 1990 Pierce Pumper Truck Q4 Completed Off Road Equipment Replacements Airport Unit # 202 – 1999 Rotary Wing Mower Q2 Completed Parks Unit # 204 – 2006 Gravely Mower Q2 Completed Roads Unit # 98 – 2004 Flail Mower Q2 Completed * Indicates objectives that have been withdrawn from the Business Plan due to prolonged resource vacancies. Key indicators measure growth in terms of infrastructure i.e. Roads, Sewers, Watermain, Sidewalk, Boulevards, etc. and the associated maintenance level of service. No additional resources have been allocated to meet the increased growth demonstrates the Towns ability to mitigate the associated incremental costs to maintain the additional infrastructure. Key Indicators 2016 2015 2014 2013 2012 2011 Roads (Lane km) 229.4 226.8 226.1 225.5 224.5 220.1 Sidewalks (km) 92.4 89.8 87.7 87.3 86.3 83.1 GOALS FOR NEXT QUARTER • Complete road reconstruction design drawings and issue tenders • Develop performance based specifications for fleet replacements and issue tenders • Complete winter operations plan review • Prepare RFP’s for bridge inspections, self-serve fuelling, corridor management, etc. • Continue H&S policy and procedure updates and revisions • Continue winter maintenance operations of roadways, sidewalks and parking lots. Page 2 / 3 126 FINANCIAL IMPACT/FUNDING SOURCE The consolidated 2016 Q4 Operations Services overall variance is summarized in Table 2. Table 2: Fourth Quarter Budget vs. Actual Variance Summary Department Deficit / (Surplus) Operations Administration (15,821) Engineering Services (24,301) Public Works 69,199 Airport Operations (20,455) Waste Management (11,093) Fleet Services 4,017 Enterprise Services (19,248) Total Variance (17,702) Page 3 / 3 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 Report Title Recreation Culture and Parks 2016 Q4 Results Report No. RCP 17-18 Author Rick Cox Meeting Type Council Meeting Council Date March 13, 2017 Attachments • RCP 2016 Financial Summaries RECOMMENDATION THAT Report RCP 17-17 - Recreation Culture and Parks 2016 Q4 Results be received for information. EXECUTIVE SUMMARY This report provides Council with the overall January 1, 2016 to December 31, 2016 Department operational and financial results for Recreation, Culture & Parks. BACKGROUND 2016 Business Objectives Objective Target Date Status Lead the consortium of groups implementing the Cultural Improvement Alliance project. Q 1-Q2 Complete Take lead in revamped Doors Open Oxford area working group for 2016 Q 1-Q2 Complete Create working committee with Tourism Oxford, Oxford Creative Connections Inc. and The Woodstock Museum NHS to begin the planning process for “Wilde Oxford” an event in 2017 to celebrate the 135th Anniversary of Oscar Wilde’s visit to Oxford County Q 1-Q4 Scope change to Tillsonburg only. On schedule Work with Oxford County museums and other partners to organize a County wide 5 year initiative to commemorate the 100th Anniversary of WW1 through hosting 100 events throughout the County between 2014 and 2018. Q 1-Q4 On schedule Collaborate with Oxford Creative Connections and the Tillsonburg Cultural Improvement Alliance to hold a festival-style music & arts event in Tillsonburg Q 1-Q4 “String Fling” event planned for 2017 Implement eight broad based cultural opportunities/ events (2 per quarter) for Tillsonburg residents. Q 1-Q4 On schedule Initiate planning for 2017 celebrations of Canada’s 150th Anniversary and Tillsonburg’s 145th Anniversary Q 1-Q4 In progress Page 1 / 4 RCP 17-18 - Recreation Culture and Parks 150 Create barrier-free washroom at TCC near Lions Auditorium Q1-Q2 Complete Parking area at Trottier Park Q1-Q2 Deferred to 2017 Undertake a concept design process to extend the useful life and improve the functionality and amenity level of the Tillsonburg Community Centre including facilitating 24hr health club access and improvements to the catering facilities. Q3-Q4 In progress Continue Annandale Diamond revitalization project including Trillium Foundation application. Q1-Q4 Trillium Foundation not available Continue development of Town-wide Asset Management Plan for Facilities including software implementation. Q1-Q4 On schedule Partner with Trans Canada Trail. & Oxford County to implement the TCT rail-trail connection to Norfolk County. Q1-Q4 On schedule Urban forestry program (Trottier, Participark) Q1-Q4 Trottier Completed Continue evaluation of facility booking, membership and program registration software platforms in preparation for 2017 procurement cycle to replace software in 2018 Q1-Q4 On schedule Grow participation and revenue with an expanded calendar of adult and youth recreation programs Q1-Q4 On schedule Complete installation of wayward ball fence at Soccer Park Q2 Complete Demolish Pigeon Barn Q2 Cancelled Install one new pavilion at Kiwanis Coronation Park based on a TBD site plan that addresses parking pressures. Q2 Deferred Railing replacement on upper deck at Waterpark Q2 Completed Jan ‘17 Replace HVAC units at the Museum Q2 Completed Jan ‘17 Replace South & East porches Q2 South porch completed Skate park repair and extension Q2 Repair complete. Extension cancelled. Tillsonburg Scout Association & Model Boat Association storage Q2 Under review Host the Run The Runway event to generate funds in support of the F.A.R.E. subsidy program. Q2 Complete Carroll Trail slope failure repair Q2-Q3 Deferred to 2017 Roof repairs at Tillsonburg Community Centre Q2-Q3 Complete Implement marketing strategy for the new & improved health club once Town re-branding project is complete. Q2-Q3 Complete Replace failing columbaria unit #1 and continue implementation of Master Design Plan. Q3 Complete Begin construction of Celebration Plaza as part of Memorial Park revitalization. Q3-Q4 On schedule New play structure at Oak Park and play structure replacement at Glendale Park Q3-Q4 Oak Park Complete. Glendale deferred. Page 2 / 4 RCP 17-18 - Recreation Culture and Parks 151 Key Indicators FINANCIAL IMPACT/FUNDING SOURCE The 2016 year-end RCP Department financial variance summary is as follows: Revenue at the Cemetery was on budget for the year. The surplus arises from approximately $45,000 of labour cost which was in the Cemetery budget but used for Parks. In addition to the labour, Parks expenses were over budget due to expenses for hazardous tree removal ($14,000), the toboggan hill rental fee ($4,000) and unanticipated costs for cleaning up the fuelwood in the Trottier Woodlot ($2,000). Partial mitigation of these extra costs was achieved through a reduction in spending on sports field and trail maintenance, resulting in a net negative variance for the Parks & Cemetery Division of approximately $12,400. The Programs Division saw revenue shortfalls in Health Club memberships, ice bookings, vending sales and hall rentals ($34,900) and additional part time labour costs due to an increase in the hourly wage for many positions to $12/hour, coverage for leaves and retirement, special projects, and increased lifeguarding requirements to meet safety standards ($54,500). Combined, these negative variances total $89,400, which was partially mitigated through savings in full time labour ($29,800) advertising ($4,000), and other discretionary spending. The Programs Division results show a net negative variance to budget of $40,546 for 2016. Key Indicators 2016 2015 % change Comment Museum: attendance - headcount 12,194 13,776 -11%no Shunpiker tour (Q2) Programs: Advanced/Leadership - headcount 184 159 16% Programs: Aquatic registrations - headcount 4,052 3,223 26% Programs: Public Swim attendance - headcount 12,299 12,134 1% Programs: Memberships sold 1,735 1,526 14% Programs: Health Club attendance - headcount 28,345 27,083 5% Programs: Water Fitness attendance - headcount 10,214 7,917 29% Programs: Land Fitness attendance - headcount 2,002 2,271 -12%change from passes to registrations Programs: Public Skating attendance - headcount 3,591 2,570 40%Season passes increased participation Programs: Roller Skating attendance - headcount 350 328 7%new program for summer 2015 Programs: Squash Courts - headcount 1,452 999 45% Programs: Waterpark attendance - headcount 25,932 25,710 1% Programs: Youth registrations - headcount 4,166 3,007 39% Programs: Advertising revenue (guide,boards,fences)46,127$ 53,261$ -13%change in ball fence advertising Programs: Rink bookings (ice) -hours 4,625 3,995 16% Programs: Rink bookings (floor) - hours 165 247 -33%No Agricultural Fair use of floor Programs: Tournaments (ice/pool/field)15 16 -6% Programs: Room rentals (non-admin)757 611 24%Many more meetings, fewer large rentals Cemetery: Niche & Plot sales (count)69 54 28% Cemetery: Interments (count)122 127 -4% Data for Q1-Q4 Division 2016 Budget YTD Actual YE Variance (surplus)/deficit Cemetery 216,900.00 178,389.00 (38,511.00) Parks 542,200.00 593,128.00 50,928.00 Recreation Programs 281,400.00 321,946.00 40,546.00 Facilities 2,150,200.00 2,185,550.00 35,350.00 EFC (32,400.00)(28,652.00)3,748.00 Museum 276,200.00 273,484.00 (2,716.00) Totals 3,434,500.00 3,523,845.00 89,345.00 Page 3 / 4 RCP 17-18 - Recreation Culture and Parks 152 In the Facilities Division, utility costs were over budget by $57,000 due to unit cost increases. An unanticipated and unavoidable replacement of failed valves in the rink fire suppression system cost $9,150. Costs at the Elliot Fairbairn School exceeded the amount that can be recovered from the tenant by $3,750. These negative variances were partially mitigated by reducing the use of part time labour, and the Division ended the year with a consolidated negative variance of $39,000 for 2016. The Culture & Heritage Division saw significant revenue shortfalls ($27,650) but through careful spending and significant savings on the HVAC capital project, was able to offset more than the shortfall, achieving a consolidated positive variance of $2,700. Overall, the Recreation, Culture & Parks Department completes 2016 with a consolidated budget variance deficit of 2.6% ($89,345). COMMUNITY STRATEGIC PLAN (CSP) IMPACT None at this time. Page 4 / 4 RCP 17-18 - Recreation Culture and Parks 153 154 155 156 157 158 159 160 161 162 163 164 165 166 Report Title Fourth Quarter 2016 Department Results Report No. FRS Author Jeff Smith Meeting Type Council Meeting Council Date March 13, 2017 Attachments • NIL RECOMMENDATION THAT Report FRS 17-01 Fourth Quarter 2016 Department Results be received for information. EXECUTIVE SUMMARY To provide Council with the October 31, 2016 to December 31, 2016 Fire & Rescue Services performance results. SUMMARY OF OPERATIONAL RESULTS 2016 Business Objectives Objective Target Date Status Thermal Imaging Camera Replacement Q2 Complete – equipment in service Traffic Signal Priority Control Q3 Incomplete – equipment purchased, not installed Fire Comm Infrastructure (New Customer) Q2 Complete MSA SCBA lease & buy-out Q2 Complete Live Fire Training Simulator Q4 2016 Contribution to reserves complete Strategic Planning Process Ongoing Committee work progressing Succession Management Plan Ongoing Development training implemented Key Indicators 23 Firefighters on average attended training exercises with an average participation rate of 82%. The year to date average is 22 Firefighters attending an average of 80% of training exercises. The Average firefighter, year to date, has attended 69% of “Platoon” calls and 55% of “All Calls”. Fire Suppression Division emergency calls to end of Q4 (261) was the same call volume as to the end of Q4 last year and 3% lower than the three year call volume average for the same period. Page 1 / 3 FRS 17-01 Fire Q4 2016 167 2016 Alarm Data (Year to Date) OFM Response Type Total Incidents Total Staff Hours Property Fires/Explosions 12 331 Overpressure Rupture/Explosion (No Fire) 6 43 Pre Fire Conditions/ No Fire 27 181 False Fire Calls 80 452 Carbon Monoxide False Calls 45 208 Public Hazard 25 451 Rescue 32 112 Medical/Resuscitator Call 18 75 Other Response 17 113 YTD 261 1966 2016 Dollar Loss / Loss Prevention Number of Property Fire Incidents Estimated Property Value at Risk Estimated Structure Fire Loss Estimated Content Fire Loss Property Fire Loss Prevented Q1 5 $2,861,000 $10,000 $177,500 $2,683,500 Q2 2 $116,000 $4,000 $500 $111,500 Q3 2 $1,808,000 $16,000 $1,000 $1,791,000 Q4 3 $2,882,250 $2,500 $8,000 $2,871,750 TOTAL PROPERTY LOSS PREVENTED: $7,457,750 Year to Date Total Fire Loss (structure & contents): $219,500 Fire Prevention Inspections 7 Inspections were completed 6 Closed, 1 remain in progress Apparatus Utilization Apparatus 2016 4th Quarter 2016 Year to Date 2015 4th Quarter 2015 Year End Car 1 9 63 22 91 Car 2 22 87 24 80 Pumper 1 18 109 19 74 Pumper 2 51 161 58 201 Rescue 3 27 94 24 60 Ladder 4 25 142 45 137 Squad 3 N/A 4 N/A N/A Page 2 / 3 CAO 168 Public Education Types 2016 4th Quarter 2016 Year to Date 2015 4th Quarter 2015 Year End Station Tours 0 7 5 7 Presentations 7 27 8 29 Newspaper/Media 2 6 6 13 Charity Event 0 4 2 6 Fire Communication Report Fire Communications Dispatched Incidents (all customers, including Tillsonburg) 2016 4th Quarter 2016 Year to Date 2015 4th Quarter 2015 Year End 603 2328 473 1980 Non-Emergency Calls (Customer Service, Burn Activation Lines etc.) (all customers, including Tillsonburg) 2016 3rd Quarter 2016 Year to Date 2015 4th Quarter 2015 Year End 4194 15,085 3285 13,108 FINANCIAL IMPACT/FUNDING SOURCE Fire & Rescue Service completed the year $19,386 under budget. Net labour is $80,926 over budget, mostly due to Fire Communicator training costs, accommodation needs, statutory holiday & banked time accruals and unfunded vacation accruals. Police Services completed the year $58,769 under budget. OPP contract is $9,842 over budget. Grants Revenue is $71,123 over budget due to unbudgeted revenue relating to 1000 Officers program. 2016 Q4 Financial Summary Department (under)/over Fire & Rescue Services $(19,386) OPP $(58,769) Total variances (Q4) $(78,155) Page 3 / 3 CAO 169 170 171 172 173 Report Title Dedicated Provincial Gas Tax Funding – Public Transportation Program - Tillsonburg Report No. CAO 17-02 Author David Calder Meeting Type Council Meeting Council Date March 13, 2017 Attachments • MINISTRY OF TRANSPORTATON – DEDICATED GAS TAX FUNDS FOR PUBLIC TRANSPORTATION PROGRAM – 2016/2017 GUIDELINES AND REQUIREMENT RECOMMENDATION THAT Council receive report CAO 17-02 Dedicated Provincial Gas Tax Funding – Public Transportation Program - Tillsonburg; AND THAT the Town of Tillsonburg supports the T-GO Transit System and is committed to providing ongoing annual support to begin April, 2017 in the amount of $22,500. (total eligible municipal contribution in 2017 of $72,100) AND THAT the Town of Tillsonburg agrees to receiving and being responsible for the Dedicated Gas Tax funds from the Province of Ontario for the T-GO Transit System. AND THAT Council authorizes the CAO to complete all forms and supporting documentation for submission to the Ministry of Transportation to access the Dedicated Gas Tax Funds for a Public Transportation Program. EXECUTIVE SUMMARY The Town of Tillsonburg was successful in 2015 in receiving a $100,000 from the Ministry of Transportation for the Community Transportation Pilot Program which was to expire March 31, 2017. The Town subsequently entered into a Transfer Payment Agreement with the Government of Ontario. The Community Transportation Pilot Grant Program has been taking place under the guidance of the Community Transportation Pilot Grant Program Steering Committee. The Ministry of Transportation announced on January 25th, 2017 the extension of the Community Transportation Pilot Grant Program between April 1, 2017 and March 31, 2018 and the availability of up to a maximum of $50,000 to continue providing better coordination and more frequent transportation services across communities. At its meeting of March 2, 2017, Council authorized making application to the Ministry of Transportation for the Extension of the Community Transportation Pilot Grant Program. It was also determined at that time that the Page 1 / 3 174 Town of Tillsonburg could also make application to the Ministry of Transportation for Dedicated Gas Tax Funds for a Public Transportation Program. BACKGROUND The purpose of the Provincial Gas Tax Program is to increase municipal transit ridership through the expansion of public transportation capital infrastructure and levels of service. The Town must use funding from the Dedicated Gas Tax for a Public Transportation Program for expenditures that support ridership growth and are incremental to spending on transit and not to replace or reduce their contributions to transit. Funds can be used for both capital and operating expenses. CONSULTATION/COMMUNICATION The Community Transportation Pilot Grant Program Steering Committee has expressed it interest in applying for the Dedicated Gas Tax Funds for a Public Transportation Program. At its meeting of September 26, 2016 the Committee requested Council research the Guidelines and Requirements of Dedicated Gas Tax Funding and Council directed staff to report regarding Provincial Funding for a Public Transportation System. On November 28, 2016 staff reported to Council and referred the report to the 2017 budget deliberations. Subsequently, Council approved an amount of $50,000 to be included in the budget in anticipation of a possible application to access Dedicated Gas Tax Funds for a Public Transportation Program. COMMUNITY STRATEGIC PLAN IMPACT As noted in the Community Strategic Plan (CSP), the Community Transportation Program would meet the CSP’s action items of exploring alternative transportation options and implement and market a transportation program. FINANCIAL IMPACT/FUNDING SOURCE Annual Gas Tax allocations are based on a formula of 70% ridership and 30% population. Should Council approve applying for Dedicated Gas Tax funds and since this would be the Town’s first year applying the Town’s allocation will be based on a combination of population, T- Go ridership data and the Town’s budget commitment. If successful in applying for the Extended Community Transportation Pilot Grant, these funds cannot be used as the Town’s contribution towards the Dedicated Gas Tax. It should be noted that staff have consulted with the MTO and have determined that an application for Dedicated Gas Tax Funds can also be applied for in conjunction with receiving the Extended Community Transportation Pilot Grant. Based on the funds available in the 2017 Council approved municipal budget and the operating budget as presented by T-GO during the budget deliberations and the request to apply for the Extended Community Transportation Pilot Grant, an application in the amount of $54,075, if approved by Council would be made to the Ministry of Transportation under the Dedicated Gas Page 2 / 3 CAO 175 Tax Funds for a Public Transportation Program. This funding level recognizes a funding allocation by the Town of Tillsonburg in the amount of $22,500 ($50,000 currently in reserve). The following is the breakdown of funding required to operate a transit system based on the T- GO annual budget of $187,938. $ RIDE FEES 19,600 TOWN OF TILLSONBURG 22,500 MTO GRANT 50,000 MTO GASOLINE TAX REFUND 54,075 COMMUNITY LIVING TILLSONBURG / GILVESEY FOUNDATION 20,000 PARTNERS / DONATIONS / CHURCHES 10,000 EMPLOYMENT ONTARIO 11,856 Total Revenues (T-GO Budget 187,938) 188,031 Eligible as "Municipality’s contribution" 72,100 Gas Tax allocation 54,075 It should be noted that the $50,000 MTO funding is for the Community Transportation Pilot Project Extension and is not likely to reoccur in future years. As a result, the “municipality’s contribution” may need to be adjusted in future years. As well, although the Town, through the budget process, allocated $50,000 for transit, accessing the Dedicated Gas Tax funds in 2017 requires a contribution of $22,500 rather than the full $50,000 in 2017. If Council approves the application, the remaining $27,500 would remain in reserves. Page 3 / 3 CAO 176 MINISTRY OF TRANSPORTATION Dedicated Gas Tax Funds For Public Transportation Program 2016/2017 Guidelines and Requirements 177 TABLE OF CONTENTS 1. DEFINITIONS ...................................................................................................................... 3 2. INTRODUCTION ................................................................................................................. 5 3. GENERAL ELIGIBILITY REQUIREMENTS AND CONDITIONS ........................................ 5 4. GENERAL PROGRAM ALLOCATION METHODOLOGY AND PAYMENT PROCESS ..... 7 ○ 4.1 General Program Allocation Methodologies 7 ○ 4.2 Payment Process 8 5. DEDICATED GAS TAX FUNDS RESERVE ACCOUNT AND INTEREST .......................... 9 ○ 5.1 Dedicated Gas Tax Funds Reserve Account 9 ○ 5.2 Interest 10 6. ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS ................... 10 7. ADJUSTMENT, WITHHOLDING AND REPAYMENT OF DEDICATED GAS TAX FUNDS AND OTHER REMEDIES ................................................................................................. 10 8. ACCOUNTABILITY, RECORDS, AUDIT AND REPORTING REQUIREMENTS .............. 11 ○ 8.1 Accountability 11 ○ 8.2 Records 12 ○ 8.3 Audit 12 ○ 8.4 Reporting 12 9. COMMUNICATIONS ......................................................................................................... 13 10. CONFLICT OF INTEREST .............................................................................................. 13 11. FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT ....................... 14 12. LIABILITIES AND INDEMNITIES ................................................................................... 14 13. COMPLIANCE WITH THE LAW ..................................................................................... 15 14. WHERE TO APPLY AND REQUEST OR PROVIDE INFORMATION ............................ 15 APPENDIX A: REPORTING FORMS .................................................................................... 17 APPENDIX B: CANADIAN CONTENT POLICY .................................................................... 18 APPENDIX C: VISUAL IDENTITY SIGNAGE REQUIREMENTS ........................................... 19 2 178 DEDICATED GAS TAX FUNDS FOR PUBLIC TRANSPORTATION PROGRAM 2016/2017 GUIDELINES & REQUIREMENTS 1. DEFINITIONS When used in these guidelines and requirements, the words set out below that import the singular include the plural and vice versa: “baseline spending” means a municipality’s spending level, which equals the average municipal own spending on public transportation for the years 2001 to 2003 and includes a rate of 2% per year for inflation. For new transit systems that were not operational from 2001 to 2003, the baseline will be determined at the Ministry’s discretion until the municipality has three years of operation, whereby the first three years of municipal spending will be averaged and a rate of 2% per year for inflation will be applied. “Canadian Content Policy” means the Canadian Content for Transit Vehicle Procurement Policy, attached to these guidelines and requirements as Appendix B: Canadian Content Policy, which the Ministry may amend from time to time. “dedicated gas tax funds” means the money provided by the Ministry to a municipality to be used strictly towards eligible expenditures that are reasonable, in the opinion of the Ministry, and related directly to the provision of public transportation services, and “dedicated gas tax funding” has the same meaning. “dedicated gas tax funds reserve account” means an interest bearing account set up by a municipality, under its name and in a Canadian financial institution, where dedicated gas tax funds are deposited and tracked separately from any other funds. “DFPTA” means the Dedicated Funding for Public Transportation Act, 2013, S.O. 2013, c. 2, Sched. 3. “eligible expenditures” means expenditures made by a municipality in direct support of public transportation operating or capital, or both, costs in accordance with Article 3 of these guidelines and requirements. “guidelines and requirements” means these guidelines and requirements entitled “Dedicated Gas Tax Funds for Public Transportation Program – 2016/2017 Guidelines and Requirements”, including Appendices A, B and C to these guidelines and requirements, which the Ministry may amend from time to time. “host municipality” means a host municipality as described in Section 4.2. “indemnified parties” means Her Majesty the Queen in right of Ontario, Her ministers, agents, appointees and employees. 3 179 “letter of agreement” means an agreement entered into between the Ministry and a municipality, including a host municipality, that sets out the terms and conditions under which the Ministry agrees to provide dedicated gas tax funds to the municipality, including those under these guidelines and requirements, and any amendments to the letter of agreement. “losses” means any and all liability, loss, costs, damages or expenses (including legal, expert and consultant fees). “major refurbishment” means: (a) for a subway car, light rail car, streetcar or trolley bus, the refurbishment where the life cycle is extended for a minimum of six years beyond the designed life cycle set out by the manufacturer; and (b) for a bus thirty feet in length or over, the refurbishment where, when the bus reaches a minimum age of nine years, the life cycle of the bus is extended for a minimum of six years. “Ministry” and “Minister”, respectively, means the Ministry of Transportation, which is responsible for the administration of the Program and the Minister responsible for the Ministry. “municipal own spending on public transportation” means the funds, including those received from total operating revenue and local public donations, that a municipality contributes towards public transportation expenditures, including funds it contributes for operating and capital expenditures. “personnel” includes the advisors, appointees, directors, officers, employees, agents, partners, affiliates, volunteers or subcontractors of a municipality. “proceeding” means any and all causes of action, actions, claims, demands, lawsuits or other proceedings. “Program” means the Dedicated Gas Tax Funds for Public Transportation Program set up by the Ministry to provide municipalities with dedicated gas tax funds subject to, and in accordance with, these guidelines and requirements. “PRESTO” means the fare payment system for which Metrolinx is responsible. “public transportation” means any service for which a fare is charged for transporting the public by vehicles operated by or on behalf of a municipality or local board as defined in the Municipal Affairs Act, R.S.O. 1990, c. M. 46, as amended, or under an agreement between a municipality or local board, and a person, firm or corporation, and includes special transportation facilities for transporting persons with disabilities but does not include transportation by special purpose facilities, such as school buses or ambulances. “public transportation vehicle” refers to a streetcar, bus, subway car, light rail car, specialized vehicles for transporting persons with disabilities or trolley bus used for public transportation. “reporting forms” means the following forms attached as Appendix A (Reporting Forms) to these guidelines and requirements: 1) Dedicated Gas Tax Funds for Public Transportation 4 180 2016 Reporting Form (i.e. form MT-O-16); 2) Dedicated Gas Tax Program – 2016 Conventional Transit Reporting Form (i.e. form MT-O-17); and 3) Dedicated Gas Tax Program – 2016 Specialized Transit Reporting Form (i.e., form MT-O-18). “subcontractor” means any contractor of a municipality or any of its subcontractors at any tier of subcontracting. 2. INTRODUCTION The Province has a vision for a stronger Ontario built around strong communities, a vibrant economy and healthier, more liveable cities with increased access to public transportation, reduced commute times and cleaner air for all Ontarians. By providing a portion of the gas tax for public transportation, the Province assists municipalities to become more self-sustaining in that regard. As of October 2004, the Province provided 1 cent/litre of gas tax funds to Ontario municipalities, increasing as of October 2005 to 1.5 cents/litre, and, since October 2006, has consistently provided 2 cents/litre annually. As of 2013 and pursuant to the Dedicated Funding for Public Transportation Act, 2013, S.O. 2013, c. 2, Sched. 3 (“DFPTA”), a portion of the provincial gasoline tax revenue is dedicated to the provision of grants to municipalities for public transportation, including those pursuant to the Program. The portion of the gas tax that is dedicated in each fiscal year is an amount determined using a formula set out in the DFPTA. Except for the interim six-month program to bridge the gap between the end of the 2012/13 Program year and the beginning of the 2014/15 Program year, prior to the passage of the DFPTA and for the first nine years, the Program has run from October to September. Starting with the 2014/15 Program year, the Program runs from April to March, with municipal allocations being available in late September at the earliest. The 2016/17 Program runs from April 1, 2016 to March 31, 2017. The new allocation of funding for the Program for 99 public transit systems representing 134 municipalities will amount to approximately $334.5 million. The Program is an important element of the ongoing relationship between the Province and Ontario municipalities. Municipalities receiving dedicated gas tax funds must meet the requirements set out in these guidelines and requirements. 3. GENERAL ELIGIBILITY REQUIREMENTS AND CONDITIONS The purpose of the Program is to provide dedicated gas tax funds to Ontario municipalities to ensure that local public transportation services continue, and to increase overall ridership through the expansion of public transportation capital infrastructure and levels of service. To 5 181 be eligible to receive dedicated gas tax funds, a municipality must contribute financially towards it’s public transportation services. For 2016/17 and unless otherwise approved in writing by the Ministry, only municipalities that have submitted their 2015 annual data survey to the Canadian Urban Transit Association (CUTA), and their 2015 Gas Tax reporting forms to the Ministry, will be eligible to receive dedicated gas tax funds. Subject to the provision of a municipal by-law indicating its intent to provide public transportation services, a municipality that is not currently providing public transportation services, but decides to begin providing such services, may be eligible for funding. Notification, prior to October 3, 2016, of the municipality’s intent to provide public transportation services and specific commitment to annually fund such public transportation services is required. After the new public transportation services have been implemented and at the Ministry’s sole discretion, dedicated gas tax funding may then be available. A municipality receiving dedicated gas tax funds must ensure that all funds received and any related interest are used exclusively towards eligible expenditures, and, unless otherwise approved in writing by the Ministry, disbursement of dedicated gas tax funds and any related interest must be net of any rebate, credit or refund, for which the municipality has received, will receive, or is eligible to receive. All public transportation services and public transportation vehicles must be fully accessible in accordance with the requirements set out under the following statutes and regulations, as may be amended from time to time: the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11 and the Integrated Accessibility Standards, O. Reg. 191/11 made under that Act; the Highway Traffic Act, R.S.O. 1990, c. H.8 and the Accessible Vehicles, R.R.O. 1990, Reg. 629 made under that Act; and the Public Vehicles Act, R.S.O 1990, c. P. 54. In addition to the above, the acquisition of public transportation vehicles must comply with the Canadian Content Policy requirements. Unless the Ministry otherwise approves in writing, in 2016/17, gas tax revenues and any related interest can only be used to support municipal public transportation expenditures above a municipality’s baseline spending and not to reduce or replace current levels of municipal public transportation funding. External audit and financial reporting costs are not eligible expenditures to which dedicated gas tax funding can be applied or the Ministry may reimburse. (a) Requirements for All Dedicated Gas Tax Funds Received in 2016/17 and Beyond ● Dedicated gas tax funds and any related interest must be spent on: ○ Public transportation capital expenditures that promote increased transit ridership, and are above a municipality’s baseline spending; ○ Public transportation operating expenditures that are above a municipality’s baseline spending; ○ Capital expenditures for the replacement of any public transportation vehicles 6 182 that are above a municipality’s baseline spending; ○ Capital expenditures that provide improvements to public transportation security and passenger safety, and are above a municipality’s baseline spending; or ○ Major refurbishment on any fully accessible, or to be made fully accessible, public transportation vehicle, with the exception of specialized vehicles used for the transportation of persons with disabilities, and are above a municipality’s baseline spending. ● For municipalities that provide only specialized transit for persons with disabilities, dedicated gas tax funds can be spent on public transit initiatives that may not initially result in ridership growth but will provide increased accessibility. (b) Additional Requirements for the following Municipalities: Regions of Durham and York, the Cities of Brampton, Burlington, Hamilton, Mississauga, Ottawa and Toronto, and the Town of Oakville. Prior to the release of any dedicated gas tax funds, the municipalities listed under (b) above will, in addition to any other requirements in this Article 3, be required to: ● Participate in PRESTO and, as participants, will be required to meet their financial obligations for that system. (c) Additional Requirements for GTA Municipalities: Regions of Durham, Halton, Peel and York, and Cities of Hamilton and Toronto. Prior to the release of any dedicated gas tax funds, the municipalities listed under (c) above will, in addition to any other requirements in this Article 3, be required to: ● Demonstrate that they have met their responsibility for the payment of the growth and expansion capital costs of Metrolinx pursuant to the Amendment to Greater Toronto Services Board By-law No. 40, O. Reg. 446/04, made under the Metrolinx Act, 2006, S.O. 2006, c. 16, as amended. The eligibility requirements for dedicated gas tax funds will be determined in accordance with these guidelines and requirements. The eligibility for any dedicated gas tax funds is at the sole discretion of the Ministry. Where a municipality relies on receiving dedicated gas tax funds for expenditure, a municipality should consider consulting with Ministry staff when in doubt as to whether it’s proposed expenditure is an eligible expenditure prior to making or committing to make such an expenditure. 4. GENERAL PROGRAM ALLOCATION METHODOLOGY AND PAYMENT PROCESS 4.1 General Program Allocation Methodologies 7 183 Based on consultation with municipalities, public transportation operators and stakeholders, the Province recognizes the varying needs of public transportation in Ontario municipalities, including those related to large established public transportation systems and communities with different growth rates and levels of public transportation service. Consistent with the above, the Province has established an allocation formula based on a combination of ridership and population. This formula balances the needs of large established public transportation systems, the growth needs of rapidly growing municipalities, and the needs of smaller municipalities that provide public transportation services. The Province is implementing an allocation based on 70% transit ridership and 30% municipal population. Fully implemented, 70% of $334.5 million (up to $234.16 million) may be distributed to municipalities on the basis of their public transportation ridership levels. Thirty percent (30%) of $334.5 million (up to $100.35 million) may be distributed on the basis of population levels. Public transportation ridership will include the totals of both conventional and specialized public transportation services. Both ridership and population figures are updated and revised annually for use in the calculation of dedicated gas tax funds. CUTA annually collects and reproduces, on behalf of the Ministry, transit ridership data in its Ontario Urban Transit Fact Book and its Ontario Specialized Transit Services Fact Book (the “CUTA Fact Books”). The Ministry used the 2015 ridership data from the 2015 CUTA Fact Books for the above calculation. Where a municipality’s ridership data have not been collected nor reproduced in the 2015 CUTA Fact Books, the Ministry used the 2015 transit ridership data received from the municipality. The 2016/17 gas tax allocations were calculated using 2015 population estimates derived from the 2011 census data. Dedicated gas tax funds provided to each municipality in 2016/17 are not to exceed, based on the 2015 municipal public transportation spending data set out in the CUTA Fact Books, 75% of municipal own spending on public transportation. The Ministry may re-allocate, in support of increasing public transportation ridership, any amounts of moneys dedicated for but that remains undistributed through the Program. The Ministry may undertake an annual review of the dedicated gas tax allocation methodology and eligibility requirements to ensure these funds support the desired outcome of increased public transportation ridership. Municipal public transportation spending will be reviewed on an annual basis to determine if the limits of the dedicated gas tax funds need to be applied where the gas tax allocation may exceed 75% of municipal own spending on public transportation. 4.2 Payment Process The Minister will advise each municipality that provides public transportation services of the amount of dedicated gas tax funds it is eligible to receive. The Minister will send a letter of agreement to each of these municipalities. The letter of agreement will set out the terms and 8 184 conditions upon which the dedicated gas tax funds will be released to the municipality, and by which the municipality will have to agree to be bound. The Ministry may, on a quarterly basis (or other basis, as the Ministry may decide from time to time), make payments of dedicated gas tax funds only after receipt of the following documents: i) the letter of agreement, provided by the Ministry to the municipality, signed in accordance with the by-law(s) and, if applicable, the resolution(s) described below; and ii) a certified copy of the by-law(s) and, if applicable, any resolution(s) authorizing the letter of agreement and naming municipal signing officers for the letter of agreement. In addition, the Ministry may withhold payment of dedicated gas tax funds until the reporting requirements under Section 8.4 are met. Any amount of dedicated gas tax funds provided to the municipality under the Program will be subject to the remedies set out under Article 7. Any dedicated gas tax funds the Ministry provides to a municipality and any related interest, including those kept by the municipality in a dedicated gas tax funds reserve account, will have to be used by the municipality exclusively towards public transportation services and in accordance with the requirements set out in these guidelines and requirements including, without limitation, those related to eligibility and related conditions, acquisition, disposition, accountability, records, audit, reporting, liability, and indemnity requirements. If a municipality agrees to provide public transportation services (a “host municipality”) for another municipality, the Ministry, at its sole discretion, may only provide the host municipality with dedicated gas tax funds. Prior to the Ministry making any payment of dedicated gas tax funds to the host municipality, the host municipality and the municipality on whose behalf the host municipality is providing transportation services will be required to provide the Ministry with certified copies of their respective by-laws designating the host municipality as a public transportation service provider for the municipality or authorizing the host municipality to provide public transportation services to the municipality. The host municipality will be required to enter into a dedicated gas tax funds letter of agreement with the Ministry and be in compliance with the terms and conditions set out in these guidelines and requirements. 5. DEDICATED GAS TAX FUNDS RESERVE ACCOUNT AND INTEREST 5.1 Dedicated Gas Tax Funds Reserve Account Dedicated gas tax funds must be used only towards public transportation service eligible expenditures. If the Ministry provides dedicated gas tax funds to a municipality before the municipality’s immediate need for the funds, the municipality will be required to keep the funds, and all interest earned on such funds, in a dedicated gas tax funds reserve account. Dedicated gas tax funds received, and any related interest earned on such funds, must be reported annually, using the reporting forms, on a cash basis. 9 185 5.2 Interest Interest must accrue on funds carried over the course of the Program reporting period in a dedicated gas tax funds reserve account. A municipality must calculate interest on its average annual balance of funds. The interest must also be reported annually, using the reporting forms, and can only be applied towards eligible expenditures. 6. ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS If a municipality acquires goods, including supplies, materials, vehicles, equipment or services, or both, with dedicated gas tax funds, it must do so through a process that promotes the best value (with due regard for economy, efficiency and effectiveness) for the dedicated gas tax funds it spends. The municipality must report, in writing, to the Ministry any funds accrued from the sale, lease or disposal of assets purchased with dedicated gas tax funds, and return such funds to a dedicated gas tax funds reserve account (see Article 5), with the exception that funds accrued from the sale, lease or disposal of transit buses beyond their useful economic life (12 years for conventional and 5 years for specialized), will not be required to be returned to a dedicated reserve account. 7. ADJUSTMENT, WITHHOLDING AND REPAYMENT OF DEDICATED GAS TAX FUNDS AND OTHER REMEDIES If, in the opinion of the Ministry, a municipality: i) fails to comply with any term, condition or obligation set out in a letter of agreement, including these guidelines and requirements; ii) uses any of the dedicated gas tax funds or any related interest for a purpose not authorized without the prior written consent of the Ministry; iii) provides erroneous or misleading information; iv) fails to provide information, including requested audit information and required reports, to the Ministry for any reason whatsoever; or v) is unable to provide or acquire or has discontinued the provision or acquisition of any service or asset for which dedicated gas tax funds have been provided, or it is not reasonable for the municipality to continue to provide or acquire any service or asset for which such funds have been provided (“event of default”), the Ministry may, unless the Ministry provides the municipality with written notice of an opportunity to correct the event of default, take one or more of the following actions: i) immediately terminate the letter of agreement; ii) suspend dedicated gas tax funding for such period as the Ministry determines appropriate; iii) reduce the amount of any dedicated gas tax funds; and iv) initiate any action the Ministry considers necessary to ensure the successful provision or acquisition by the municipality of any service or asset provided or acquired with dedicated gas tax funds in accordance with the terms of the letter of agreement. Where the Ministry gives the municipality an opportunity to correct an event of default by giving it notice of the particulars of the event of default and the date by which the municipality is required to remedy it, and: i) the municipality does not remedy the event of default by the 10 186 date specified in the notice; ii) it becomes apparent to the Ministry that the municipality cannot completely remedy the event of default by the date specified in the notice; or iii) the municipality is not taking the steps to remedy the event of default in a way that is satisfactory to the Ministry, the Ministry may initiate any of the remedies for event of default available to it under this Article. Upon termination of the letter of agreement pursuant to this Article, the Ministry may take one or more of the following actions: i) cancel all further dedicated gas tax payments; ii) demand the repayment of any dedicated gas tax funds remaining in the possession or under control of the municipality; and, iii) demand the repayment of an amount equal to any dedicated gas tax funds or any related interest that the municipality used for purposes not agreed upon by the Ministry. In regards to paragraph iii) above, the Minister may not demand repayment of an aggregate amount greater than the dedicated gas tax funds that were received by the municipality. Upon the Minister providing a municipality a written demand for repayment of dedicated gas tax funds or any related interest, or both, the amount of the demand shall constitute a debt due to the Crown of the Province of Ontario and may be recovered as such under applicable law, including, without limitation, the Financial Administration Act, R.S.O. 1990, c. F.12, as amended, ("FAA"). In addition to any remedy the Crown may have under the FAA, the Ministry may decide to withhold or adjust the amount of any current or future dedicated gas tax funding, or any other funding program, that may be provided to the municipality in an amount equal to such debt or have the amount of such debt deducted from financial assistance payable on any other project(s) of the municipality under any other initiative in which the Ministry is involved (either current or future). If a municipality: i) has failed to comply (a “failure”) with any term, condition or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies; ii) has been provided with notice of such failure in accordance with the requirements of such agreement; iii) has, if applicable, failed to rectify such failure in accordance with the requirements of such other agreement; and iv) such failure is continuing, the Ministry may suspend the payment of dedicated gas tax funds for such period as the Ministry determines appropriate. If a municipality fails to comply with any term of a letter of agreement, including these guidelines and requirements, the municipality could only rely on a waiver of the Ministry if the waiver was in writing. A waiver must refer to the specific failure to comply and will not have the effect of waiving any subsequent failures to comply. Any decision made by the Minister regarding funding under the Program is final. 8. ACCOUNTABILITY, RECORDS, AUDIT AND REPORTING REQUIREMENTS 8.1 Accountability A municipality receiving dedicated gas tax funds must use such funds, and any interest earned 11 187 on such funds, exclusively towards public transportation service eligible expenditures and in accordance with these guidelines and requirements. The municipality will not be allowed to use dedicated gas tax funds and related interest to offset other municipal expenditures. The municipality will also be required to provide such further assurances as the Ministry may request from time to time with respect to any matter to which a letter of agreement, including these guidelines and requirements, pertains, and will otherwise do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of these documents to their full extent. 8.2 Records A municipality receiving dedicated gas tax funds must keep and maintain separate records and documentation related to any dedicated gas tax funds and any related interest, including invoices and any other financially-related documents relating to the provision or acquisition of public transportation services for which dedicated gas tax funds and any related interest have been used. The records and documentation must be kept and maintained in accordance with generally accepted accounting principles. Records containing confidential information must be kept in accordance with all applicable legislation. No provision of these guidelines and requirements shall be construed so as to give the Ministry any control whatsoever over the municipality’s records. 8.3 Audit A municipality receiving dedicated gas tax funds may be subject to audit. The Ministry may, at its sole discretion, audit or have audited by any third party, any records and documentation of the municipality related to any public transportation services provided or acquired with dedicated gas tax funds or any related interest, and such funds. Such audit may require the Ministry, at the municipality’s expense (except as provided in the Canadian Content Policy), to retain external auditors. In addition, the Auditor General may, pursuant to the Auditor General Act, R.S.O. 1990, c. A. 35, as amended, audit the accounts and records of the municipality relating to any expenditure of dedicated gas tax funds. To assist in respect of the rights set out above, a municipality will be required to disclose any information requested by the Ministry, its authorized representatives or an independent auditor identified by the Ministry, and will do so in the form requested by the Ministry, its authorized representatives or an independent auditor. In addition to any adjustments the Ministry may make to dedicated gas tax funding under these guidelines and requirements, the Ministry may, upon recommendation in an audit report, adjust future dedicated gas tax fund payments or other payments the Province may make to the municipality under any other program. 8.4 Reporting Accuracy in the calculation and reporting of municipal transit ridership and dedicated gas tax funds and any related interest is paramount. When calculating ridership, municipalities must 12 188 use one of the acceptable best practices identified in the 2008 Ontario Ridership Data Collection Review Report, published jointly by CUTA and iTrans Consultants (retained by CUTA). A municipality will be accountable to use dedicated gas tax funds and any related interest towards public transportation expenditures that meet the Program eligibility requirements. Each municipality will be required to report on how dedicated gas tax funds and any related interest are spent on an annual basis, including the provision of its Canadian Content Policy declaration form(s), in accordance with the Canadian Content Policy, for any public transportation vehicle funded with dedicated gas tax funds. For the purpose of the above reporting, municipalities will be required to use the reporting forms that have been developed in consultation with municipal public transportation stakeholders, and submit these reporting forms to the Ministry prior to February 28, 2017. 9. COMMUNICATIONS Unless the Ministry otherwise approves in writing, a municipality receiving dedicated gas tax funds will be required to acknowledge the support of the Ministry in a form and manner as directed by the Ministry. A municipality will be required to give a minimum of thirty (30) days written notice to the Ministry regarding any planned local dedicated gas tax funding communication or recognition event, or both. The municipality will also be required to provide the Ministry with detailed information regarding such communication or event, or both. The Ministry and a municipality receiving dedicated gas tax funds will, at all times, remain independent of each other and will not represent themselves to be the agent, joint venturer, partner or employee of the other. Neither the municipality nor the Ministry will be allowed to make representations or take actions that could establish or imply any apparent relationship of agency, joint venture, partnership or employment. In addition, neither the municipality nor the Ministry will be bound in any manner whatsoever by any agreements, warranties or representations made by any of them to any other person or entity, with respect to any other action of the other. If the municipality publishes any material of any kind, written or oral, relating to public transportation services provided or acquired with dedicated gas tax funds, the municipality will indicate in the material that the views expressed in the material are the views of the municipality and do not necessarily reflect those of the Ministry. A municipality receiving gas tax funding must comply with the requirements for the installation and maintenance of visual identity signage set out in Appendix C. 10. CONFLICT OF INTEREST 13 189 A municipality and its contractors and any of their respective personnel must use dedicated gas tax funds and provide and acquire services and assets with such funds without an actual, potential or perceived conflict of interest. A conflict of interest includes any circumstances where a municipality or any person with the capacity to influence the municipality’s decisions has outside commitments, relationships or financial interests that could, or could be seen to, interfere with the municipality’s s objective, unbiased and impartial judgment relating to the provision or acquisition of services or assets provided or acquired with dedicated gas tax funds or the use of such funds, or both. A municipality will disclose to the Ministry, without delay, any situation that a reasonable person would interpret as an actual, potential or perceived conflict of interest, and comply with any terms and conditions that the Ministry may prescribe as a result of the disclosure. 11. FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT All applications submitted to the Ministry are subject to the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F. 31, as amended (“FOIPPA"). The FOIPPA provides every person with a right of access to information in the custody or under the control of the Ministry, subject to a limited set of exemptions. Municipalities are advised that the names of municipalities receiving dedicated gas tax funds, the amount of funds provided, and the purpose for which dedicated gas tax funds are provided, is information the Ministry makes available to the public. 12. LIABILITIES AND INDEMNITIES A municipality receiving dedicated gas tax funds must agree that it is responsible for anything that may arise, directly or indirectly, in connection with the Program, including, without limitation, the provision and acquisition of services and assets with dedicated gas tax funds. The Ministry’s involvement under the Program is for the sole purpose of, and is limited to, the provision of dedicated gas tax funds. Furthermore, a municipality receiving dedicated gas tax funds must agree to indemnify and hold harmless the indemnified parties from and against any and all losses or proceedings, by whomever made, sustained, incurred, brought, or prosecuted, in any way arising out of, or in connection with anything done or omitted to be done by the municipality or any municipality on behalf of which the municipality receives dedicated gas tax funds, or any of their respective personnel, the Program or the letter of agreement, unless the loss or proceed is solely caused by the negligence or willful misconduct of the indemnified parties. In the event of any proceeding against any indemnified parties and any negotiations for its settlement, a municipality will, at its expense and to the extent requested by the Ministry, participate in or conduct the defence of the proceeding and negotiations. The Ministry may elect to participate in or conduct the defence of any proceeding by providing notice to the 14 190 municipality of such election without prejudice to any other rights or remedies of the Ministry under the letter of agreement, at law or in equity. Each of the municipality and the Ministry participating in the defence will do so by actively participating with the other’s counsel. The municipality will not enter into a settlement of any proceeding against any indemnified parties unless the municipality has obtained the prior written approval of the Ministry. If the municipality is requested by the Ministry to participate in or conduct the defence of any proceeding, the Ministry will co-operate with and assist the municipality to the fullest extent possible in the proceeding and any related settlement negotiations. If the Ministry conducts the defence of any proceedings, the municipality will co-operate with and assist the Ministry to the fullest extent possible in the proceedings and any related settlement negotiations. A municipality receiving dedicated gas tax funds is responsible for its own insurance and must carry, at its own costs and expense, and require the same from its subcontractors and any municipality on behalf of which it receives dedicated gas tax funds, all the necessary and appropriate insurance that a prudent municipality in similar circumstances would maintain in order to protect itself and the Ministry and support the indemnification, as set out above, provided to the Ministry. For greater certainty, the municipality is not covered by the Province of Ontario's insurance program and no protection will be afforded to the municipality by the Government of Ontario for any losses or proceedings that may arise out of the Program or letter of agreement. For greater certainty, the rights and remedies of the Ministry under a letter of agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. 13. COMPLIANCE WITH THE LAW A municipality receiving dedicated gas tax funds must comply with all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules and by-laws applicable to any aspect of the services or assets provided or acquired with the dedicated gas tax funds. For greater clarity, by receiving dedicated gas tax funds, a municipality may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the Public Sector Salary Disclosure Act, 1996, S.O. 1996, c. 1, Sched. A and the Auditor General Act, R.S.O. 1990, c. A.35. 14. WHERE TO APPLY AND REQUEST OR PROVIDE INFORMATION Any questions regarding the Program are to be directed to the Ministry Division Services and Program Management Office at (416) 585-7129. All forms, agreements and supporting documentation must be forwarded to the following address: 15 191 Ministry of Transportation Division Services and Program Management Office 27th Floor, Suite #2702 777 Bay Street Toronto, ON M7A 2J8 16 192 APPENDIX A: REPORTING FORMS 17 193 APPENDIX B: CANADIAN CONTENT POLICY 18 194 APPENDIX C: VISUAL IDENTITY SIGNAGE REQUIREMENTS 1. Purpose of Schedule This Appendix describes the municipality’s responsibilities and obligations involved in installing and maintaining visual identity signage under the Program. 2. Visual Identity Signage The municipality will install and maintain the exterior and interior visual identity signage on transit vehicles for which dedicated gas tax funds were provided. This is to include replacement buses that have been supported through the Program. External visual identity signage must be located immediately to the left of the front passenger entrance doors of the vehicle. Internal visual identity signage should be placed on an interior wall in a location and height that will be convenient for passengers to read. Recognition stickers approximate size — 10” x 3.4”. Sample image found below is not to scale. 19 195 Report Title Highway 3 Business Park - Sole Sourcing (Professional Services) Report No. DCS 17-09 Author Cephas Panschow Meeting Type Council Meeting Council Date MARCH 13, 2017 Attachments Proposal from Stantec RECOMMENDATION THAT Council receive Report DCS 17-09 Highway 3 Business Park – Sole Sourcing (Professional Services); AND THAT staff be authorized to sole source professional engineering services from Stantec for the design, tender and project management of the Highway 3/Clearview Drive intersection project. EXECUTIVE SUMMARY The purpose of this report is to seek Council approval to retain the services of Stantec to complete the Highway 3 Business Park and Clearview Drive intersection improvements. Works included in this project are: Detailed design of Highway 3/Clearview Drive intersection to include a left turn lane and a right turn taper for the proposed Clearview Drive South extension; Extension of utilities across Highway 3; Supporting topographical, environmental and geotechnical (borehole) investigations; Class Environmental Assessment for Provincial Transportation Facilities, etc. BACKGROUND In June 2015, the Town was advised by the Ontario Ministry of Transportation that the consultant for the final design of the Highway 3 intersection was required be certified under their Registry, Appraisal and Qualification System (RAQS). In order to meet the requirement for a RAQS approved consultant, staff released a Request for Proposal (RFP) on March 30, 2016 with a response deadline of May 31, 2016. However, despite providing the RFP to the complete list of RAQS approved consultants in the Province of Ontario, the Town did not receive any proposals by the deadline. This left the Town in the unfortunate position of not being able to move forward due to the lack of a suitably qualified consultant. Subsequent to this, staff worked with the Town’s existing engineering consultant, CJDL Engineering, to find a RAQS certified consultant. In this regard, Stantec has been identified as a firm that has extensive experience working for the Ministry of Transportation and their projects in the area. Page 1 / 3 196 The Town has received a proposal from Stantec for the work and staff is recommending that they be awarded the work on a sole source basis as an exception under the Town’s Purchasing Policy. Section 6.0 of the Policy states: b) The Tendering, RFP or purchasing process may not be required where the Goods or Services are proprietary to one vendor, where there is only one supplier that can meet the Town’s needs within a reasonable distance of where the cost of changing suppliers for a product or service already in place is deemed to be exorbitant by the CAO. Upon written staff recommendations, Council shall, it its sole discretion, determine whether a Bid, RFP or purchasing process may be foregone for these reasons. Such exemption must be granted by resolution. Staff believe that best efforts have been made to obtain proposals through a formal Request for Proposals process and that, based on the lack of response to the RFP process, it is both desirable and necessary to sole source these professional services. In addition to this, there is a desire to increase the Town’s supply of industrial land in order to continue to attract new investment to the community. Obtaining approvals and completing the intersection upgrades is critical to opening the Highway 3 business park and enabling investment. COMMUNITY STRATEGIC PLAN Supporting the recommendation is consistent with the Town’s Community Strategic Plan as it will enable increased potential to diversify the local economy: Section Action Item Comment 2.1 Support new and existing businesses and provide a variety of employment opportunities The Community Strategic Plan identified the opportunity to continue to diversify the Town’s economy, and while opening a new industrial park will not accomplish this directly, it will do so indirectly by offering increased sites for potential investments. Page 2 / 3 197 CONSULTATION/COMMUNICATION The public has not been directly consulted on this report; however, property owners in the area will be contacted directly via mail as part of the Environmental Assessment process for the project. In addition to this, the Highway 3 Business Park has been a regular item on Council’s agenda over the past few years with accompanying discussions. The Town’s Development Committee has also discussed the supply of shovel ready industrial lands on a number of occasions and is strongly supportive of moving forward with this project. The Ontario Ministry of Transportation has been consulted on the project in general as well as specifically for the proposal developed by Stantec. FINANCIAL IMPACT/FUNDING SOURCE Stantec’s proposal for the works is estimated as follows: Description of Works Cost MTO Class Environmental Assessment $20,522.50 Geotech/Pavement Design $17,745.00 Highway Design and Survey $30,102.50 Meeting and Submissions $18,470.00 TOTAL $86,840.00* *These fees do not include HST, MTO permit fees, electrical work (if required), etc. The 2017 Approved Capital Budget contains $550,000 in funding for this project and costs for professional engineering services is included in this amount. Page 3 / 3 198 Memo ib l:\01650\promotion\proposals\town_tillsonburg\hwy_3_clearview_ave\mem_tillsonburg_encroach_classea_fee_est_feb_2017.docx To: Cephas Panschow Development Commissioner From: Isaac Bartlett City of Tillsonburg London ON Office File: 165081001 Date: February 7, 2017 Reference: Engineering Design Consulting Services for the Highway 3 / Clearview Drive Intersection – Work Plan and Fee for completion of Detail Design and Tender Preparation, Encroachment Permit, and MTO Class EA The following work plan and fee estimate has been developed in response the scope of work outlined in the RFP 2016-001, email dated November 14, 2016, for the detail design and tender preparation for the addition of the new connection of Clearview Drive to Highway 3. MTO encroachment permit requirements are outlined in the Ministry of Transportation West Region Design & Construction Guidelines for Development Driven Highway Improvement Projects, and include the need for topographical survey, MTO Class EA, Pavement/Geotech investigation and design, utility coordination, roadside safety review, and contract package (MTO format). HIGHWAY ENGINEERING / PROJECT MANAGEMENT The following is an overview of Stantec’s understanding of the design efforts necessary for the MTO to sign off on the encroachment permits required for this project. This scope generally includes: • Widening of Highway 3 to include a left turn lane and right turn taper for the new Clearview Drive south connection to Highway 3 to match to the new Clearview Drive as part of the Highway 3 Business Park o Drawings to include: cover, key plan, alignment drawings, staging, removals, new construction, details and typicals, pavement marking and signage, and borehole data. o Incorporate watermain connection and sanitary sewer crossing (designed by others) into contract • Prepare contract package for the above works, incorporating tender items and specifications by others for the watermain connection and sanitary sewer crossing in MTO CPS format • Conduct a topographical survey • Undertake traffic signal layout design and supply preliminary PH-M-125 drawing • Through discussion with the utility companies, provide a composite utility relocation plan to outline the required utility relocations to be completed prior to construction • Undertake a roadside safety review in conformance with MTO standards 199 February 7, 2017 Cephas Panschow Development Commissioner Page 2 of 7 Reference: Engineering Design Consulting Services for the Highway 3 / Clearview Drive Intersection – Work Plan and Fee for completion of Detail Design and Tender Preparation, Encroachment Permit, and MTO Class EA ib l:\01650\promotion\proposals\town_tillsonburg\hwy_3_clearview_ave\mem_tillsonburg_encroach_classea_fee_est_feb_2017.docx • Prepare three encroachment permits for the permanent works (roadworks, watermain connection, and sanitary sewer crossing) plus one encroachment permit for undertaking the field work for topographical survey, environmental, and borehole investigations. • Project meetings: o Three at MTO on Exeter Road o Two in Tillsonburg with Town staff Submissions will be made at the 50%, 90% stages of design to the MTO following the MTO West Region Design and Construction Guidelines for Development Driven Highway Improvements. These include 22 copies of the application packages / drawings for MTO review and comment. Once all comments are addressed/incorporated, a final package including 22 sets will be submitted to the MTO for approval. PAVEMENT ENGINEERING The town of Tillsonburg is developing a business park and will require the extension of Clearview Drive at Highway 3. As part of the extension to Clearview Drive platform widening of Hwy 3 will be required to construct a left turn lane on Hwy 3 for traffic to enter the business park from the east. The Ministry of Transportation Ontario (MTO) requires an encroachment permit to complete the Clearview Drive extension. The proposed work meets the pavement engineering requirements of the MTO Design and Construction guidelines for development driven highway improvement. Three reports were reviewed to assess the extent of previous investigations in the area of the improvement. A preliminary geotechnical investigation was completed by AMEC in 2014. A geotechnical investigation was completed by Dillon Consulting Inc in 2008, and a Soil Investigation was completed by Atkinson, Davies Inc. in 1987. All three investigations included boreholes; the AMEC investigation included boreholes and cores. In addition, only the AMEC investigation included boreholes on the Highway 3 alignment, however none of the boreholes were in close proximity to the Clearview Drive intersection. The Pavement Engineering work plan for this assignment includes: • Review of historical information, visually assess the existing pavements and investigate for widening for an approximate length of 500 m. Cores and boreholes will be advanced on the lane and shoulders in the area of the proposed widening. • Pavement design for rehabilitation and widening will include analysis using AASHTO 1993 pavement design. Alternatives will be developed and evaluated based on life cycle costs, risks and constructability. A pavement design life of 18 years will be used. Recommendations will be provided based on the evaluation. Stantec will prepare one draft and one final pavement design report. 200 February 7, 2017 Cephas Panschow Development Commissioner Page 3 of 7 Reference: Engineering Design Consulting Services for the Highway 3 / Clearview Drive Intersection – Work Plan and Fee for completion of Detail Design and Tender Preparation, Encroachment Permit, and MTO Class EA ib l:\01650\promotion\proposals\town_tillsonburg\hwy_3_clearview_ave\mem_tillsonburg_encroach_classea_fee_est_feb_2017.docx Site Investigation and Field Testing The pavements will be reviewed to assess the existing conditions. The investigation will meet the minimum requirements in the Provincial Pavement Engineering Investigation Guidelines, Version 1.1. The proposed geotechnical field investigation program is presented in Table 1. The noted program will be reviewed following a site review. If required, an updated program will be provided prior to the investigation. Table 1: Geotechnical Investigation Program Location BH’s Shoulder (1.5 m) BH’s Ditch / Slope (1.5 m) Core with BH Hwy 3 Widening 15 10 1 Storm Sewer Crossing 2 TOTAL 15 12 1 Soil conditions will be logged. Representative samples of all soil types encountered will be collected at twice the rate required for laboratory testing Engineering Materials Testing and Evaluation Laboratory testing will be conducted in a fully certified Stantec Laboratory as follows: Table 2: Laboratory Testing – Pavement Engineering Laboratory Test Standard Material Type Number (ea) Sieve Analysis of Aggregates LS-602 Granular 2 Moisture Content LS-701 Earth/ Granular 5 Particle Size Analysis LS-702 Earth 1 Atterberg Limits LS-703/ LS-704 Earth 2 Asphalt cores, where extracted, will be inspected with lift thickness mix type and condition documented in an appendix attached with the pavement design report. 201 February 7, 2017 Cephas Panschow Development Commissioner Page 4 of 7 Reference: Engineering Design Consulting Services for the Highway 3 / Clearview Drive Intersection – Work Plan and Fee for completion of Detail Design and Tender Preparation, Encroachment Permit, and MTO Class EA ib l:\01650\promotion\proposals\town_tillsonburg\hwy_3_clearview_ave\mem_tillsonburg_encroach_classea_fee_est_feb_2017.docx MTO CLASS EA MTO Class EA Process The project is subject to Ontario’s Environmental Assessment Act and will be carried out in accordance with the requirements of the Class Environmental Assessment (EA) for Provincial Transportation Facilities (2000) as a Group ‘C’ project. Generally, Group ‘C’ projects have minimal and predictable environmental effects that are readily mitigated. Group ‘C’ projects include highway improvements that provide minor or no increase in traffic capacity or cause minor or no widening of the footprint beyond the road bed of an existing highway. This type of project does not require a formal environmental clearance and is approved under the Ontario Environmental Assessment Act. The screening process includes public and agency consultation and determines the impacts the project has on the environment, as well as measures and provisions required to prevent/mitigate adverse impacts, including monitoring, during and after construction. The following tasks are required to complete the Class EA requirements: • Discuss/review EA Work Plan with MTO (confirm scope and project initiation) • Consultation o Provide notice of study commencement via direct mailing to adjacent and potentially affected property owners and stakeholders (i.e., no newspaper notification required) – Modified Consultation Plan for Group C o Responses to all comments received o Document consultation in Environmental Screening Document • Terrestrial Secondary Source / Background Review will include: o Review available air-photos and existing data compiled by Stantec for the Records o Review and Site Investigations of the Natural Heritage Assessment o Identify sensitive natural heritage features, including potential Species at Risk o Undertake impact assessment and identify mitigation recommendations to avoid and protect sensitive features o Prepare a standalone terrestrial ecosystems technical memorandum describing existing conditions, impacts assessment, mitigation recommendations and authorization requirements • Stage 1-2 Archaeology Assessment will include: o A Stage 1-2 assessment of the areas within the existing right-of -way (i.e., review of relevant maps and literature; review of known archaeological sites from the MTCS; 202 February 7, 2017 Cephas Panschow Development Commissioner Page 5 of 7 Reference: Engineering Design Consulting Services for the Highway 3 / Clearview Drive Intersection – Work Plan and Fee for completion of Detail Design and Tender Preparation, Encroachment Permit, and MTO Class EA ib l:\01650\promotion\proposals\town_tillsonburg\hwy_3_clearview_ave\mem_tillsonburg_encroach_classea_fee_est_feb_2017.docx and property inspection of the study area). Given that the study area comprises land which is inaccessible for ploughing, it is anticipated that the Stage 2 physical assessment will proceed by test pit survey. Areas of significant disturbance, such as existing modern structures, laneways, or areas of previous earth-moving activities, will not require Stage 2 assessment but will be photo documented. • Draft and Final Environmental Screening Document o Prepare Environmental Screening Document, including figures and appendices, as required o Prepare Environmental Synopsis and Commitments Table o Respond to MTO or MOECC Comments on ESD SCHEDULE It is understood that the Town of Tillsonburg is aiming to have construction of the intersection completed in 2017. The following is a preliminary schedule for the work: Task Timeline Project initiation and MTO meeting End February 2017 Submit for field work encroachment permit Mid March 2017 Field work (pavement, environmental, archaeology) Mid April 2017 50% MTO submission End April 2017 90% MTO submission End May 2017 Final encroachment permit submission Mid June 2017 Tendering (following permit approval) August 2017 Construction September – October 2017 SCOPE AND FEES The following table outlines the anticipated level of effort to satisfy the MTO permitting requirements. Following the initial start-up meeting with MTO, this scope may be revised through discussion with the Town of Tillsonburg. 203 February 7, 2017 Cephas Panschow Development Commissioner Page 6 of 7 Reference: Engineering Design Consulting Services for the Highway 3 / Clearview Drive Intersection – Work Plan and Fee for completion of Detail Design and Tender Preparation, Encroachment Permit, and MTO Class EA ib l:\01650\promotion\proposals\town_tillsonburg\hwy_3_clearview_ave\mem_tillsonburg_encroach_classea_fee_est_feb_2017.docx Description PM/Eng ($1,250/d) EIT/Tech ($855/d) Admin ($700/d) Total MTO Class EA Terrestrial 1.5 3.5 $4,867.50 Archaeology 2 6 $7,630.00 Consultation 1.5 2 $3,585.00 Report 1.5 3 $4,440.00 $20,522.50 Geotech/Pavement Design Field Investigation (including drilling) 1 8.5 1 $9,217.50 Design/Reporting 2.5 5.5 1 $8,527.50 $17,745.00 Highway Design and Survey Staging 0.5 1 $1,480.00 Removals 0.5 1 $1,480.00 New Construction 1 2 $2,960.00 Typicals and Details 0.5 0.5 $1,052.50 Pavement Markings and Signs 0.5 0.5 $1,052.50 Roadside Safety Review and Document 0.5 0.5 $1,052.50 Site Survey and Base Plan 1.5 5.5 $6,577.50 Utility Relocation Process and Plan 0.5 2.5 0.5 $3,112.50 Traffic Signal Layout & PHM-125 1 2 $2,960.00 CPS, Quantities & Q-Sheets 1 2 $2,960.00 Cost Estimate and Working Days 1 $1,250.00 Tender Docs, SP, NSP 1 2 0.5 $3,310.00 Incorporate water & sewer design 1 $855.00 $30,102.50 Meetings and Submissions MTO Meetings (3) 2 $2,500.00 Tillsonburg Meetings (2) 1.5 $1,875.00 50% MTO Submission 0.5 1 0.5 $1,830.00 90% MTO Submission 0.5 1 0.5 $1,830.00 Final Encroachment Permit Submission 1.5 2 0.5 $3,935.00 Project Management 2 $2,500.00 Disbursements (printing, travel) $4,000.00 $18,470.00 TOTAL: $86,840.00 204 February 7, 2017 Cephas Panschow Development Commissioner Page 7 of 7 Reference: Engineering Design Consulting Services for the Highway 3 / Clearview Drive Intersection – Work Plan and Fee for completion of Detail Design and Tender Preparation, Encroachment Permit, and MTO Class EA ib l:\01650\promotion\proposals\town_tillsonburg\hwy_3_clearview_ave\mem_tillsonburg_encroach_classea_fee_est_feb_2017.docx Exclusions/Assumptions 1. Fees are set as lump sum but exclude HST. 2. MTO permit fee is not included in quotation. To be covered by Town of Tillsonburg. 3. No electrical work for future traffic signals has been included. Layout and PHM-125 plan to be developed to avoid future conflicts with pole locations. 4. The application for a PTTW or EASR relating to the sewer work would be undertaken by others (if required). 5. A meeting with MTO will be required to confirm the scope of the EA requirements 6. Under the MTO Class EA process, consultation is optional for Group C projects. A modified consultation plan is considered appropriate for this project, including: a. Provide notice of study commencement via direct correspondence (i.e., no newspaper notification) – Modified Consultation Plan for Group C b. Responses to all comments received c. Tracking of comments received and responses provided 7. Species at Risk authorizations are excluded, if required 8. No public meetings are required STANTEC CONSULTING LTD. Isaac Bartlett, P.Eng., ENV SP Associate, Transportation Phone: 519-675-6643 Fax: 519-645-6575 isaac.bartlett@stantec.com 205 Report Title Ontario Community Infrastructure Fund (OCIF) Top-Up Component Agreement AC3-3236 Report No. OPS 17-08 Author Eric Flora, P. Eng., CET, Manager of Engineering Meeting Type Council Meeting Council Date March 13, 2017 Attachments • OCIF Top-Up Agreement AC3-3236 RECOMMENDATION: THAT Council receive Report OPS 17-08, Ontario Community Infrastructure Fund (OCIF) Top-Up Component Agreement AC3-3236; AND THAT a By-law authorizing Mayor and Clerk to execute Agreement OCIF AC3-3236 with the Province of Ontario be brought forward for Council consideration; AND THAT the Town’s portion of $88,991 be funded by debenture in the 2018 budget. SUMMARY In February 2017, the Town received correspondence from the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) that the Concession Street East Reconstruction project has been approved for funding under the Ontario Community Infrastructure Fund (OCIF) Top-Up Application Component – 2016 Intake. Further to staff report OPS 16-34, and in order to receive the funding allocation, the Town must now execute the attached OCIF AC3-3236 Component Agreement. The Agreement must be signed and sealed with two copies returned to OMAFRA by March 15th 2017. The Town must also pass a by-law to execute the project-level Agreement with the Province. A copy of the by- law must also be forwarded to OMAFRA, along with the Agreement. CONSULTATION/COMMUNICATION The Director of Operations is in continuous direct contact with the Ministry’s Project Analyst assigned to the project file. Town staff will proceed to undertake an Environmental Assessment (EA) and finalize the design in 2017, and tender the contract for construction in 2018. Staff will continue to consult with Oxford County Planning staff to ensure the proposed project aligns with the Provincial Policy Statement and approved land use policies. Other Town departments and the public/interest groups will also be consulted during the EA and Detail Design stages. Page 1 / 2 206 FINANCIAL IMPACT/FUNDING SOURCE The total project cost, less rebatable taxes, is $889,908. Under the OCIF, the Province will contribute 90% up to the maximum of $800,917. The remaining $88,991 of the project constitutes the Town’s 10% portion that will require a funding source in the 2018 budget. Staff are requesting that the Town’s portion of $88,991 be funded by debenture and included in the 2018 budget. COMMUNITY STRATEGIC PLAN (CSP) This project supports Objective 2 – Economic Sustainability of the Community Strategic Plan through the renewal of infrastructure. Page 2 / 2 207 File Number: OCIF AC3-3236 ONTARIO COMMUNITY INFRASTRUCTURE FUND – APPLICATION-BASED COMPONENT AGREEMENT BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Agriculture, Food and Rural Affairs (the “Province”) – and – The Corporation of the Town of Tillsonburg (CRA# 126587195) (the “Recipient”) BACKGROUND The Province created the Ontario Community Infrastructure Fund to: (1) provide stable funding to help small communities address critical core infrastructure needs in relation to roads, bridges, water and wastewater; (2) further strengthen municipal asset management practices within small communities; and (3) help small communities use a broad range of financiering tools to address infrastructure challenges and provide long-term support for rehabilitation and repair of core infrastructure for those in most need. The Ontario Community Infrastructure Fund is composed of two (2) components: (1) the Application-Based Component; and (2) the Formula-Based Component. The Recipient has applied to the Application-Based Component of the Ontario Community Infrastructure Fund for funding to assist the Recipient in carrying out the Project and the Province wishes to provide funding for the Project. The Recipient is eligible to receive funding under the Application-Based Ontario Community Infrastructure Fund to undertake a Project. CONSIDERATION In consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged, the Parties agree as follows: 1.0 ENTIRE AGREEMENT 1.1 This Agreement, including: Schedule “A” – General Terms And Conditions, Schedule “B” – Additional Terms And Conditions, Page 1 of 35 208 File Number: OCIF AC3-3236 Schedule “C” – Operational Requirements Under The Agreement, Schedule “D” – Project Description, Schedule “E” – Eligible And Ineligible Costs, Schedule “F” – Financial Information, Schedule “G” – Aboriginal Consultation Requirements, Schedule “H” – Communications Protocol, and Schedule “I” – Reports, constitutes the entire agreement between the Parties with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations and agreements. 2.0 COUNTERPARTS 2.1 This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 3.0 AMENDING AGREEMENT 3.1 This Agreement may only be amended by a written agreement duly executed by the Parties. 4.0 ACKNOWLEDGEMENT 4.1 The Recipient acknowledges and agrees that: (a) By receiving Funds it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the BPSAA, the PSSDA and the AGA; (b) Her Majesty the Queen in Right of Ontario has issued expenses, perquisites and procurement directives and guidelines pursuant to the BPSAA that may be applicable to the Recipient; (c) The Funds are (i) To assist the Recipient to carry out the Project and not to provide goods or services to the Program, and (ii) Funding for the purposes of the PSSDA; and (d) The Province is not responsible for, nor does the Province have a managerial role in, the undertaking, implementation, completion, operation and/or maintenance of the Project. The Recipient will not seek to hold the Province responsible for the undertaking, implementation, completion, operation and/or maintenance of the Project through recourse to a third party, arbitrator, tribunal or court. [REST OF PAGE INTENTIONALLY LEFT BLANK – SIGNATURE PAGE FOLLOWS] Page 2 of 35 209 File Number: OCIF AC3-3236 IN WITNESS WHEREOF the Parties have executed this Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of Agriculture, Food and Rural Affairs ______________________________________ ___________________ Name: Randy Jackiw Date Title: Assistant Deputy Minister, Economic Development Division I have the authority to bind the Province pursuant to delegated authority. THE CORPORATION OF THE TOWN OF TILLSONBURG Signature: Name: Date Title: AFFIX CORPORATE SEAL Signature: Name: Date Title: I/We have the authority to bind the Recipient. [REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “A” FOLLOWS] Page 3 of 35 210 File Number: OCIF AC3-3236 SCHEDULE “A” GENERAL TERMS AND CONDITIONS ARTICLE A1 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpreting this Agreement: (a) Words in the singular include the plural and vice versa; (b) Words in one gender include all genders; (c) The headings do not form part of this Agreement; they are for reference purposes only and will not affect the interpretation of the Agreement; (d) Any reference to dollars or currency will be in Canadian dollars and currency; (e) Any reference to a statute means a statute of the Province of Ontario, unless otherwise indicated; (f) Any reference to a statute is to that statute and to the regulations made pursuant to that statute as they may be amended from time to time and to any statute or regulations that may be passed that have the effect of supplanting or superseding that statute or regulation unless a provision of this Agreement provides otherwise; (g) All accounting terms will be interpreted in accordance with the Generally Accepted Accounting Principles used in Canada and all calculations will be made and all financial data to be submitted will be prepared in accordance with the Generally Accepted Accounting Principles used in Canada; and (h) The words “include”, “includes” and “including” denote that the subsequent list is not exhaustive. A1.2 Definitions. In this Agreement, the following terms will have the following meanings: “Aboriginal Group” includes the Indian, Inuit and Métis peoples of Canada or any other group holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982. “Additional Provisions” means the terms and conditions referred to in section A10.1 of Schedule “A” to this Agreement and specified in Schedule “B” of this Agreement. “AGA” means the Auditor General Act. “Agreement” means this agreement entered into between the Province and the Recipient and includes all of the Schedules listed in section 1.1 of this Agreement and any amending agreement entered into pursuant to section 3.1 of this Agreement. “Arm’s Length” has the same meaning as set out in the Income Tax Act (Canada), as it read on the Effective Date of this Agreement. “Auditor General” means the Auditor General of Ontario. “BPSAA” means the Broader Public Sector Accountability Act, 2010. “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day; and any other day on which the Province is closed for business. Page 4 of 35 211 File Number: OCIF AC3-3236 “Communications Protocol” means the protocol set out under Schedule “H” of this Agreement. “Conflict Of Interest” includes any circumstances where: (a) The Recipient; or (b) Any person who has the capacity to influence the Recipient’s decisions, has outside commitments, relationships or financial interests that could, or could be seen to, interfere with the Recipient’s objective, unbiased and impartial judgment relating to the Project, the use of the Funds or both. “Consultant” means any person the Recipient retains to undertake any part of the work related to this Agreement. “Contract” means an agreement between the Recipient and a third-party whereby the third- party provides a good or service for the Project in return for financial consideration that the Recipient wants to pay from the Funds under this Agreement. “Effective Date” means the date on which this Agreement is effective, as set out under section C1 of Schedule “C” of this Agreement. “Eligible Costs” means those costs set out under section E1 of Schedule “E” of this Agreement. “Event of Default” has the meaning ascribed to it in section A16.1 of Schedule “A” this Agreement. “Expiration Date” means the date on which this Agreement will expire, as set out under section C2 of Schedule “C” of this Agreement unless amended or terminated prior to this date in accordance with the terms and conditions of this Agreement. “FAA” means the Financial Administration Act. “Failure” means a failure to comply with any term, condition, obligation under any other agreement that the Recipient has with Her Majesty the Queen in Right of Ontario or one of Her agencies. “FIPPA” means the Freedom of Information and Protection of Privacy Act. “First Nation” means a band, as defined under section 2(1) of the Indian Act (Canada). “Funds” means the money the Province provides to the Recipient pursuant to this Agreement. “Holdback” means the amount, set out under section F2 of Schedule “F” of this Agreement, that the Province may withhold from any payment owing to the Recipient under this Agreement. “Indemnified Parties” means Her Majesty the Queen in Right of Ontario, Her Ministers, agents, appointees and employees. Page 5 of 35 212 File Number: OCIF AC3-3236 “Ineligible Costs” means those costs set out under section E2 of Schedule “E” of this Agreement. “Interest Earned” means the amount of money earned by the Recipient from placing the Funds in an interest bearing account as set out under section A4.4 of Schedule “A” of this Agreement. “Local Services Board” means a board established under the Northern Services Boards Act. “MA” means the Municipal Act, 2001. “Maximum Funds” means the amount set out under section F1 of Schedule “F” of this Agreement. “Notice” means any communication given or required to be given pursuant to this Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default, and includes any such period or periods of time by which the Province considers it reasonable to extend that time. “Parties” means the Province and the Recipient collectively. “Party” means either the Province or the Recipient. “Project” means the undertaking described in Schedule “D” of this Agreement. “Project Completion Date” means the date set out under section C3 of Schedule “C” of this Agreement. “PSSDA” means the Public Sector Salary Disclosure Act, 1996. “Reports” means the reports set out under Schedule “I” of this Agreement. “Requirements of Law” means all applicable statutes, regulations, by-laws, ordinances, codes, official plans, rules, approvals, permits, licenses, authorizations, orders, decrees, injunctions, directions and agreements with all authorities that now or at any time hereafter may relate to the Recipient, the Project, the Funds and this Agreement. Without limiting the generality of the foregoing, if the Recipient is subject to the BPSAA, the PSSDA or any other type of broader public sector accountability legislative provisions, the BPSAA, the PSSDA and those broader public sector accountability legislative provisions are deemed to be a Requirement of Law. “Substantial Completion” has the same meaning as “substantially performed”, as defined under section 2(1) of the Construction Lien Act. “Term” means the period of time beginning on the Effective Date of this Agreement and ending on the Expiration Date unless terminated earlier pursuant to Articles A14, A15 or A16 of this Agreement. Page 6 of 35 213 File Number: OCIF AC3-3236 A1.3 Conflict. Subject to section A10.1 of Schedule “A” of this Agreement, in the event of a conflict between the terms and conditions set out in this Schedule “A” of the Agreement and the terms or conditions set out in any other Schedule of this Agreement, the terms and conditions set out under this Schedule “A” of the Agreement will prevail. ARTICLE A2 EFFECTIVE DATE AND DURATION OF AGREEMENT A2.1 Effective Date Of Agreement. This Agreement will take effect on its Effective Date. A2.2 Expiration Date Of Agreement. This Agreement will expire on its Expiration Date. ARTICLE A3 REPRESENTATIONS, WARRANTIES AND COVENANTS A3.1 General. The Recipient represents, warrants and covenants that: (a) It is, and will continue to be for the Term of this Agreement, a validly existing legal entity with full power to fulfill its obligations under this Agreement; (b) It has, and will continue to have for the Term of this Agreement, the experience and expertise necessary to carry out the Project; (c) It has the financial resources necessary to carry out the Project and is not indebted to any person to the extent that that indebtedness would undermine the Recipient’s ability to complete the Project; (d) It is in compliance with all Requirements of Law and will remain in compliance with all Requirements of Law related to any aspect of the Project, the Funds or both for the Term of this Agreement; and (e) Unless otherwise provided for in this Agreement, any information the Recipient provided to the Province in support of its request for Funds, including any information relating to any eligibility requirements, was true and complete at the time the Recipient provided it. A3.2 Execution Of Agreement. The Recipient represents and warrants that it has: (a) The full power and authority to enter into this Agreement; and (b) Taken all necessary actions to authorize the execution of this Agreement. A3.3 Governance. The Recipient represents, warrants and covenants that it has, and will maintain, in writing for the Term of this Agreement: (a) A code of conduct and ethical responsibilities for all persons at all levels of the Recipient’s organization; (b) Procedures to ensure the ongoing effective functioning of the Recipient; (c) Decision-making mechanisms for the Recipient; (d) Procedures to enable the Recipient to manage the Funds prudently and effectively; (e) Procedures to enable the Recipient to successfully complete the Project; (f) Procedures to enable the Recipient to, in a timely manner, identify risks to the completion of the Project and develop strategies to address those risks; (g) Procedures to enable the preparation and delivery of all Reports required under this Agreement; and Page 7 of 35 214 File Number: OCIF AC3-3236 (h) Procedures to enable the Recipient to deal with such other matters as the Recipient considers necessary to ensure that the Recipient carries out its obligations under this Agreement. A3.4 Approvals, Licenses And Permits. The Recipient represents, warrants and covenants that it has or will apply for any approval, license, permit or similar authorization necessary to carry out the Project before carrying out the Project. For greater clarity, the Recipient acknowledges and agrees that the entering into this Agreement does not in any way obligate any regulatory authority established under an Act of the Ontario Legislature to issue any type of approval, license, permit or similar authorization that the Recipient may need or want in relation to undertaking the Project or to meet any other term or condition under this Agreement. A3.5 Supporting Documentation. Upon request, and within the time period indicated in the Notice, the Recipient will provide the Province with proof of the matters referred to in Article A3 of this Agreement. A3.6 Additional Covenants. The Recipient undertakes to advise the Province within five (5) Business Days of: (a) Any changes that affect its representations, warranties and covenants under sections A3.1 to A3.4 of Schedule “A” of this Agreement during the Term of the Agreement; and (b) Any actions, suits or other proceedings which could or would reasonably prevent the Recipient from complying with the terms and conditions of this Agreement. A3.7 Recipient’s Representations, Warranties And Covenants For The Benefit Of The Province. The Recipient acknowledges and agrees that the representations, warranties and covenants set out in this Article A3 of Schedule “A” of the Agreement are for the sole benefit of the Province. A3.8 Provincial Reliance On Recipient’s Representations, Warranties And Covenants. The Recipient acknowledges and agrees that the Province is relying on all of the representations, warranties and covenants set out in this Article A3 of Schedule “A” of this Agreement. ARTICLE A4 FUNDS AND CARRYING OUT THE PROJECT A4.1 Funds Provided. The Province will: (a) Provide the the Recipient up to the Maximum Funds for the sole purpose of carrying out the Project. (b) Provide the Funds to the Recipient in accordance with section F3 of Schedule “F” of this Agreement; (c) Deposit the Funds into an account designated by the Recipient, provided that account: (i) Resides at a Canadian financial institution, and (ii) Is in the name of the Recipient. A4.2 Limitation On Payment Of Funds. Despite section A4.1 of Schedule “A” of this Agreement: (a) The Province is not obligated to provide any Funds to the Recipient until the Recipient provides the insurance certificate or other proof as the Province may request pursuant to section A14.2 of Schedule “A” of this Agreement; Page 8 of 35 215 File Number: OCIF AC3-3236 (b) The Province is not obligated to provide any instalments of Funds until the Province is satisfied with the progress of the Project; (c) The Province may adjust the amount of Funds it provides to the Recipient without liability, penalty or costs based upon the Province’s assessment of the information provided by the Recipient pursuant to Article A8 of Schedule “A” of this Agreement; (d) The Province may withhold the Holdback from each payment made under this Agreement and is not obligated to pay the Holdback to the Recipient for thirty (30) days after the Expiration Date of this Agreement; and (e) If, in the opinion of the Minister of Agriculture, Food and Rural Affairs, the Province does not receive the necessary appropriation from the Ontario Legislature for any payment under this Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may: (i) Reduce the amount of Funds and, in consultation with the Recipient, change the Project without liability, penalty or costs; or (ii) Terminate the Agreement pursuant to section A15.1 of Schedule “A” of this Agreement. A4.3 Use Of Funds And Project. The Recipient will: (a) Only use the Funds being provided under this Agreement toward the Project; (b) Carry out and complete any Projects in accordance with the terms and conditions of this Agreement; (c) Use the Funds only for Eligible Costs that are necessary to carry out the Project; and (d) Not use the Funds for Ineligible Costs. A4.4 Interest Bearing Account. If the Province provides Funds to the Recipient before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest-bearing account in the name of the Recipient at a Canadian financial institution. The Recipient will hold the Funds in trust plus any Interest Earned thereon for the Province until the Recipient needs the Funds for the Project. A4.5 No Provincial Payment Of Interest. The Province is not required to pay interest on any Funds under this Agreement. For greater clarity, this includes interest on any Funds that the Province has withheld paying to the Recipient pursuant to a term or condition set out in this Agreement. A4.6 Rebates, Credits and Refunds. The Recipient acknowledges and agrees that the amount of Funds available to it pursuant to this Agreement is based on the actual costs to the Recipient, less any costs, including taxes, for which the Recipient has received, will receive or is eligible to receive, a rebate, credit or refund. A4.7 Maximum Funds. The Recipient acknowledges and agrees that the Funds available to it pursuant to this Agreement will not exceed the Maximum Funds. A4.8 Project Financing. The Recipient acknowledges and agrees that: (a) It is solely responsible for making any alternative arrangements that may be required to obtain additional financing for the Project in the event that its original financing situation changes; (b) It is solely responsible for covering any unapproved expenditures and cost overruns; and (c) It is solely responsible for securing any additional financing required to complete the Project. Page 9 of 35 216 File Number: OCIF AC3-3236 A4.9 No Changes To The Project. The Recipient will not make any changes to the Project without the prior written consent of the Province. A4.10 Project Completion. The Recipient will Substantially Complete the Project by the Project Completion Date. A4.11 Disposal Of Assets. The Recipient will not, without the Province’s prior written consent, sell, lease, encumber or otherwise dispose of any asset purchased, rehabilitated or built with the Funds or for which Funds were provided for a period of five (5) years after the date in which the Project was completed. A4.12 Funding, Not Procurement. For greater clarity, the Recipient acknowledges and agrees that: (a) It is receiving Funds from the Province for the Project and is not providing goods or services to the Province; and (b) The Funds the Province is providing under this Agreement is funding for the purposes of the PSSDA. ARTICLE A5 ABORIGINAL CONSULTATION A5.1 Provision Of Funds Dependent Upon The Province Meeting Its Duty To Consult Obligations. The Recipient acknowledges and agrees that the provision of any Funds under this Agreement is strictly conditional upon the Province satisfying any obligations it may have to consult with and, if appropriate, accommodate any Aboriginal Group with an interest in the Project for the Project to proceed. A5.2 Recipient Is The Province’s Delegate For Purposes Of Consultation With Aboriginal Groups. By entering into this Agreement, the Province delegates the procedural aspects of any consultation obligations the Province may have with any Aboriginal Group in relation to the Project to the Recipient as set out in Schedule “G” of this Agreement. The Recipient, by signing this Agreement acknowledges that the Province has delegated the procedural aspects of any consultation obligations that the Province may have with any Aboriginal Group in relation to the Project and accepts said delegation and agrees to act diligently as the Province’s delegate so as to preserve the Honour of the Crown in relation to any consultation obligations that the Province may have in relation to the Project. A5.3 Recipients Obligations In Relation To Consultations. The Recipient will: (a) Be responsible for consulting with any Aboriginal Group that has an interest in the Project on behalf of the Province in accordance with Schedule “G” of this Agreement; (b) Take directions from the Province in relation to consulting with any Aboriginal Group with an interest in the Project as well as any other directions that the Province may issue in relation to consultations, including suspending or terminating any Project in which Funds are directed; and (c) Provide a detailed description of any actions it took in relation to consultation with any Aboriginal Group with an interest in the Project in its Reports. A5.4 Recipient Will Not Start Construction On Project Until Recipient Provides Evidence To The Province That Notice Of Project Has Been Given To Identified Aboriginal Groups. Despite anything else in this Agreement, the Recipient will not commence or allow a third party to commence construction on any aspect of the Project for forty-five (45) Business Page 10 of 35 217 File Number: OCIF AC3-3236 Days, or such other longer or shorter time as the Province may direct, after it has provided the Province with written evidence that the Recipient has sent notice about the Project to the Aboriginal Groups the Province has identified in accordance with Schedule “G” of this Agreement. ARTICLE A6 RECIPIENT’S ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF ASSETS A6.1 Acquisition Of Goods And Services In Competitive Procurement Process. The Recipient will acquire any goods and services for the Project through a transparent, competitive process that ensures the best value for any Funds expended and at no greater value than fair market value, after deducting trade discounts and/or other discounts available to the Recipient. Without limiting the generality of the foregoing, where the Recipient is a municipal entity to which the MA applies, the Recipient will follow its procurement policies required under the MA. Where the Recipient is a Local Services Board, the Recipient will obtain a minimum of three (3) written quotes for any goods or services exceeding twenty-five thousand dollars ($25,000.00), unless the Province provides its prior written approval to obtain such goods or services in another manner. The Province may waive the requirements of this section A6.1 of Schedule “A” of the Agreement in writing if: (a) The goods or services the Recipient is purchasing are not readily available; or (b) The Recipient has researched the market for a similar purchase within the last two (2) years and knows prevailing market costs for those good or services being purchased. A6.2 BPSAA. For greater clarity, if the Recipient is subject to the BPSAA and there is a conflict between the BPSAA and a requirement under this Article A6 of the Agreement, the BPSAA will apply and prevail to the extent of that conflict. A6.3 Contracts. The Recipient will ensure that all Contracts: (a) Are consistent with this Agreement; (b) Do not conflict with this Agreement; (c) Incorporate the relevant provisions of this Agreement to the fullest extent possible; (d) Require that any parties to those Contracts comply with all Requirements of Law; and (e) Authorize the Province to perform audits of the parties to those Contracts in relation to the Project or any Funds provided to those parties. A6.4 Use Of Consultants. The Province recognizes and acknowledges that the Recipient may engage one or more Consultants for the purposes of carrying out the Project. The Recipient will have sole responsibility for hiring and terminating the employment of said Consultants. The Recipient further acknowledges and agrees that the Recipient will be responsible for all acts and actions of the Recipient’s Consultants and that all such acts and actions will be treated as acts and actions of the Recipient for the purposes of this Agreement. A6.5 Trade Agreements. If the Recipient is subject to any provincial or federal trade agreements to which the Province is a party, the Recipient will comply with the applicable requirements of such trade agreements. In particular, and without limitation, if the Recipient is subject to Annex 502.4 of the Agreement on Internal Trade, the Recipient will comply with all applicable requirements of Annex 502.4. In the event of any conflict between any requirement under Annex 502.4 and a requirement under this Article 6 of the Agreement, Annex 502.4 will apply and prevail to the extent of that conflict. Page 11 of 35 218 File Number: OCIF AC3-3236 A6.6 Costs Of Contracts Not Awarded In Compliance With This Article May Be Deemed Inelgible. If the Province determines that the Recipient has awarded a Contract in a manner that is not in compliance with any requirement set out under this Article 6 of Schedule “A” of the Agreement, the Province may without liability, penalty or costs deem the costs associated with the Contract as being ineligible and will have no obligation to pay those costs. ARTICLE A7 CONFLICT OF INTEREST A7.1 No Conflict Of Interest. The Recipient will ensure that any Person associated with the Project in whatever capacity carries out the administration of any Funds in all its aspects without an actual, potential or perceived Conflict of Interest. A7.2 Disclosure To The Province: The Recipient will: (a) Disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential or perceived Conflict Of Interest; and (b) Comply with any terms and conditions that the Province may impose as a result of the disclosure. ARTICLE A8 REPORTS, RECORDS, INSPECTION, AUDITS AND THE PROVISION OF INFORMATION A8.1 Preparation And Submission. The Recipient will: (a) Submit to the Province at the address referred to in section C6 of Schedule “C” of this Agreement all Reports in accordance with the timelines set out in Schedule “I” of this Agreement and in the form specified by the Province; (b) Ensure that all Reports are completed to the satisfaction of the Province; and (c) Ensure that any compliance attestation that must be submitted with any Reports is completed and signed by the Recipient’s Administrative Officers/Clerk or Treasurer. A8.2 Records Maintenance. The Recipient will keep and maintain: (a) All financial records, including invoices, relating to the Funds or otherwise to the Project in a manner consistent with generally acceptable accounting principles; and (b) All non-financial documents and records relating to the Funds or otherwise to the Project in a manner consistent with all Requirements of Law, for a period of seven (7) years after the Expiration Date of this Agreement. A8.3 Inspection. The Province, its authorized representatives or an independent auditor identified by the Province may, at its own expense, upon twenty-four (24) hours’ Notice to the Recipient during normal business hours, enter the Recipient’s premises or site of the Project to review the progress of the Project and the Recipient’s allocation and expenditure of the Funds and, for these purposes, the Province, its authorized representatives or an independent auditor identified by the Province may take one or more of the following actions: (a) Inspect and copy the records and documents referred to in section A8.2 of Schedule “A” of this Agreement; (b) Remove any copies made pursuant to section A8.3(a) of Schedule “A” of this Agreement from the Recipient’s premises; and (c) Conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds, the Project or both. Page 12 of 35 219 File Number: OCIF AC3-3236 A8.4 Disclosure. To assist in respect of the rights set out under section A8.3 of Schedule “A” of this Agreement, the Recipient will disclose any information requested by the Province, its authorized representatives or an independent auditor identified by the Province and will do so in the form requested by the Province, its authorized representatives or an independent auditor identified by the Province, as the case may be. A8.5 No Control Of Records. No provision of this Agreement will be construed so as to give the Province any control whatsoever over the Recipient’s records. A8.6 Auditor General. For greater certainty, the Province’s rights under this Article of the Agreement are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the AGA. A8.7 Provision Of Information. The Recipient will provide to the Province, within the time period set out in the Notice, such information in respect of this Agreement or the Project as the Province requests. ARTICLE A9 COMMUNICATIONS A9.1 Recipient To Follow Communications Protocol. The Recipient will follow the Communications Protocol. A9.2 Publication By The Province. The Recipient agrees the Province may, in addition to any obligations the Province may have under FIPPA, publicly release information under this Agreement, including the Agreement itself, in hard copy or in electronic form, on the internet or otherwise. ARTICLE A10 ADDITIONAL PROVISIONS A10.1 Additional Provisions. The Recipient will comply with any Additional Provisions set out under Schedule “B” of this Agreement. In the event of a conflict or inconsistency between any of the requirements of the Additional Provisions and any requirements of this Schedule “A” of this Agreement, the Additional Provisions will prevail. ARTICLE A11 DISCLOSURE OF INFORMATION PROVIDED TO THE PROVINCE A11.1 FIPPA. The Recipient acknowledges that the Province is bound by the FIPPA. A11.2 Disclosure Of Information. Any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with FIPPA and any other Requirements of Law. Page 13 of 35 220 File Number: OCIF AC3-3236 ARTICLE A12 INDEMNITY, LIMITATION OF LIABILITY AND DUTY TO DEFEND A12.1 Indemnification. The Recipient hereby agrees to indemnify and hold harmless the Indemnified Parties from and against any and all direct or indirect liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with this Agreement, unless solely caused by the gross negligence or wilful misconduct of the Province. A12.2 Exclusion Of Liability. The Recipient acknowledges and agrees that in no event will the Province be liable for any general, compensatory, incidental, special or consequential damages, or any loss of use, revenue or profit by the Recipient or the Recipient’s officers, servants, employees and agents arising out of or in any way related to this Agreement. A12.3 Recipient’s Participation. The Recipient will, at its expense, to the extent requested by the Province, participate in or conduct the defence of any proceeding against any Indemnified Parties and any negotiations for their settlement. A12.4 Province’s Election. The Province may elect to participate in or conduct the defence of any proceeding by providing Notice to the Recipient of such election without prejudice to any other rights or remedies of the Province under this Agreement, at law or in equity. Each Party participating in the defence will do so by actively participating with the other’s counsel. A12.5 Settlement Authority. The Recipient will not enter into a settlement of any proceeding against any Indemnified Parties unless the Recipient has obtained the prior written approval of the Province. If the Recipient is requested by the Province to participate in or conduct the defence of any proceeding, the Province will co-operate with and assist the Recipient to the fullest extent possible in the proceeding and any related settlement negotiations. A12.6 Recipient’s Co-operation. If the Province conducts the defence of any proceedings, the Recipient will co-operate with and assist the Province to the fullest extent possible in the proceedings and any related settlement negotiations. ARTICLE A13 INSURANCE A13.1 Recipient’s Insurance. The Recipient represents and warrants that it has, and will maintain for the for a period of ninety (90) days after the Province has approved the Recipient’s Final Report attesting that the Project is complete, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than the amount set out under section C5 of Schedule “C” of this Agreement per occurrence. The policy will include the following: (a) The Indemnified Parties as additional insureds with respect to liability arising in the course or performance of the Recipient’s obligations under, or otherwise in connection with, the Project or under this Agreement; Page 14 of 35 221 File Number: OCIF AC3-3236 (b) A cross-liability clause; (c) Contractual liability coverage; (d) Products and completed operations liability coverage; (e) Employer’s liability coverage; (f) Tenant’s legal liability coverage (for premises/building leases only); and (g) Non-owned automobile coverage with blanket contractual and physical damage coverage for hired automobiles; and (h) A thirty (30) day written notice of cancellation provision. A13.2 Proof Of Insurance. The Recipient will provide the Province with certificates of insurance, or other proof as the Province may request within the time limit set out in that request, that confirms the insurance coverage as required under section A13.1 of Schedule “A” of this Agreement. For greater clarity, the Province may also request that the Recipient provide the Province with a copy of its insurance policy or insurance policies that relate to the Project. A13.3 Right Of “First Call” On Insurance Proceeds. The Recipient will provide the Indemnified Parties with a right of “first call” or priority over any other person, including the Recipient, to use or enjoy the benefits of the proceeds from the insurance policy required under section A13.1 of Schedule “A” of this Agreement to pay any suits, judgments, claims, demands, expenses, actions, causes of action and losses (including without limitation, reasonable legal expenses and any claim for a lien made pursuant to the Construction Lien Act and for any and all liability, damages to property and injury to persons (including death)) that may be brought against the Indemnified Parties as a result of this Agreement. ARTICLE A14 TERMINATION ON NOTICE A14.1 Termination On Notice. The Province may terminate this Agreement at any time without liability, penalty or costs upon giving at least thirty (30) days’ Notice to the Recipient. A14.2 Consequences Of Termination On Notice By The Province. If the Province terminates this Agreement pursuant to section A14.1 of Schedule “A” of this Agreement, the Province may take one or more of the following actions: (a) Direct that the Recipient does not incur any costs for the Project that are Eligible Costs under this Agreement without the Province’s prior written consent during the notice period set out under section A14.1 of Schedule “A” of this Agreement; (b) Cancel any further installments of the Funds; (c) Demand the repayment of any Funds, plus any Interest Earned thereon, remaining in the possession or under the control of the Recipient; and (d) Determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i) Permit the Recipient to offset such costs against any amount owing to the Recipient; and/or (ii) Subject to section A4.2(e) of Schedule “A” of this Agreement, provide Funds to the Recipient to cover such costs. Page 15 of 35 222 File Number: OCIF AC3-3236 ARTICLE A15 TERMINATION WHERE NO APPROPRIATION A15.1 Termination Where No Appropriation. If, as provided for in section A4.2(e) of Schedule “A” of this Agreement, the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to this Agreement, the Province may terminate the Agreement immediately without liability, penalty or costs by giving Notice to the Recipient. A15.2 Consequences Of Termination Where No Appropriation. If the Province terminates this Agreement pursuant to section A15.1 of Schedule “A” of this Agreement, the Province may take one or more of the following actions: (a) Cancel any further installments of the Funds; (b) Demand the repayment of any Funds, plus any Interest Earned thereon, remaining in the possession or under the control of the Recipient; and (c) Determine the reasonable costs for the Recipient to wind down the Project and permit the Recipient to offset such costs against the amount owing pursuant to section A15.2(b) of Schedule “A” of this Agreement. A15.3 No Additional Funds. For greater clarity, if the costs determined pursuant to section A15.2(c) of Schedule “A” of this Agreement exceed the Funds remaining in the possession or under the control of the Recipient, the Province will not provide additional Funds to the Recipient. ARTICLE A16 EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR DEFAULT A16.1 Events Of Default. Each of the following events will constitute an Event of Default: (a) In the opinion of the Province, the Recipient breaches any representation, warranty, covenant or other term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of this Agreement: (i) Carry out the Project, (ii) Use or spend the Funds, (iii) Provide any Reports required under this Agreement, or (iv) The Recipient fails to follow any directions that the Province provides under this Agreement; (b) The Recipient has provided false or misleading information to the Province; (c) The Recipient is unable to continue the Project or the Recipient is likely to discontinue the Project; (d) The Recipient’s operations, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements of the program under which the Province provides the Funds; (e) The Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application or an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; or (f) The Recipient ceases to operate. A16.2 Consequences Of Events Of Default And Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: Page 16 of 35 223 File Number: OCIF AC3-3236 (a) Initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) Provide the Recipient with an opportunity to remedy the Event of Default; (c) Suspend the payment of Funds for such a period as the Province determines appropriate; (d) Reduce the amount of Funds; (e) Cancel any further installments of the Funds; (f) Demand the repayment of any Funds plus any Interest Earned thereon remaining in the possession or under the control of the Recipient; (g) Demand the repayment of an amount equal to any Funds the Recipient used plus any Interest Earned thereon, but did not use in accordance with the terms and conditions of this Agreement; (h) Demand the repayment of an amount equal to any Funds the Province provided to the Recipient plus any Interest Earned thereon, even though the Project is partially completed; and (i) Terminate this Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. A16.3 Opportunity To Remedy. If, in accordance with section A16.2(b) of Schedule “A” of this Agreement, the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will provide Notice to the Recipient of: (a) The particulars of the Event of Default; and (b) The Notice Period. A16.4 Recipient Not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to section A16.2(b) of Schedule “A” of this Agreement, and; (a) The Recipient does not remedy the Event of Default within the Notice Period; (b) It becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) The Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections A16.2(a), (c), (d), (e), (f), (g), (h) and (i) of Schedule “A” of this Agreement. A16.5 When Termination Effective. Termination under this Article A16 of Schedule “A” of this Agreement will take effect as set out in the Notice. ARTICLE A17 LOBBYISTS AND AGENT FEES A17.1 Lobbyists And Agent Fees. The Recipient represents and warrants: (a) Any person hired by the Recipient to speak or correspond with any employee or other person representing the Province concerning any matter relating to any Funds under this Agreement or any benefit hereunder is registered, if required to register, pursuant to the Lobbyists Registration Act, 1998; (b) It has not and will not make a payment or other compensation to any other legal entity that is contingent upon or is calculated upon the provision of any Funds hereunder or negotiating the whole or any part of the terms or conditions of this Agreement; and (c) No money from the Province was used or will be used to lobby or otherwise secure the provision of any Funds in relation to this Agreement. Page 17 of 35 224 File Number: OCIF AC3-3236 ARTICLE A18 FUNDS UPON EXPIRY A18.1 Funds Upon Expiry. The Recipient will, upon the expiry of the Agreement, return to the Province any unspent Funds plus any Interest Earned thereon remaining in its possession or under its control. ARTICLE A19 REPAYMENT A19.1 Repayment Of Overpayment. If at any time during the Term of this Agreement the Province provides Funds in excess of the amount to which the Recipient is eligible to receive under this Agreement, the Province may: (a) Deduct an amount equal to the excess Funds plus any Interest Earned thereon from any further installments of the Funds; or (b) Demand that the Recipient pay an amount equal to the excess Funds plus any Interest Earned thereon to the Province. A19.2 Debt Due. If, pursuant to this Agreement: (a) The Province demands the payment of any Funds plus Interest Earned or an amount equal to any Funds plus Interest Earned from the Recipient; or (b) The Recipient owes any Funds plus Interest Earned or an amount equal to any Funds plus Interest Earned to the Province, whether or not their return or repayment has been demanded by the Province, such Funds plus Interest Earned or other amount will be deemed to be a debt due and owing to the Province by the Recipient and the Recipient will pay or return the amount to the Province immediately, unless the Province directs otherwise. For greater clarity, in the event that the Recipient makes an assignment, proposal, compromise or arrangement for the benefit of creditors or a creditor makes an application for an order adjudging the Recipient bankrupt or applies for the appointment of a receiver, this section A19.2 of Schedule “A” of this Agreement will not affect any Funds that the Recipient is holding in trust for the Province under section A4.4 of Schedule “A” of this Agreement. A19.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. A19.4 Payment Of Money To Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province at the address referred to in section C6 of Schedule “C” of this Agreement. A19.5 Repayment. Without limiting the application of section 43 of the FAA, if the Recipient does not repay any amount owing under this Agreement, Her Majesty the Queen in Right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in Right of Ontario. A19.6 Funds Are Part Of A Social Or Economic Program. The Recipient acknowledges and agrees that any Funds provided under this Agreement are for the administration of social or economic programs or the provision of direct or indirect support to members of the public in connection with social or economic policy. Page 18 of 35 225 File Number: OCIF AC3-3236 ARTICLE A20 NOTICE A20.1 Notice In Writing And Addressed. Notice will be in writing and will be delivered by email, postage-paid mail, personal delivery or fax and will be addressed to the Province and the Recipient respectively as set out in section C6 of Schedule “C” of this Agreement or as either Party later designates to the other by written Notice. A20.2 Notice Given. Notice will be deemed to have been given: (a) In the case of postage-paid mail, five (5) Business Days after the Notice is mailed; or (b) In the case of email, personal delivery or fax, one (1) Business Day after the Notice is delivered. A20.3 Postal Disruption. Despite section A20.2(a) of Schedule “A” of this Agreement, in the event of a postal disruption, (a) Notice by postage-paid mail will not be deemed to be received; and (b) The Party giving Notice will provide Notice by email, personal delivery or fax. ARTICLE A21 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A21.1 Consent. When the Province provides its consent pursuant to this Agreement, that consent will not be considered valid unless that consent is in writing and the person providing the consent indicates in the consent that that person has the specific authority to provide that consent. The Province may also impose any terms and conditions on the consent and the Recipient will comply with such terms and conditions. ARTICLE A22 SEVERABILITY OF PROVISIONS A22.1 Invalidity Or Unenforceability Of Any Provision. The invalidity or unenforceability of any provision in this Agreement will not affect the validity or enforceability of any other provision of this Agreement. Any invalid or unenforceable provision will be deemed to be severed. ARTICLE A23 WAIVER A23.1 Waivers In Writing. If a Party fails to comply with any term or condition of this Agreement that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the Notice provisions in Article A20 of Schedule “A” of this Agreement. Any waiver must refer to a specific failure to comply and will not have the effect of waiving any subsequent failures to comply. For greater clarity, where the Province chooses to waive a term or condition of this Agreement, such waiver will only be binding if provided by a person who indicates in writing that he or she has the specific authority to provide the waiver. Page 19 of 35 226 File Number: OCIF AC3-3236 ARTICLE A24 INDEPENDENT PARTIES A24.1 Parties Independent. The Recipient acknowledges and agrees that it is not an agent, joint venturer, partner or employee of the Province and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is or take any actions that could establish or imply such a relationship. ARTICLE A25 ASSIGNMENT OF AGREEMENT OR FUNDS A25.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under this Agreement. A25.2 Agreement Binding. All rights and obligations contained in this Agreement will extend to and be binding on the Parties’ respective heirs, executors, administrators, successors and permitted assigns. ARTICLE A26 GOVERNING LAW A26.1 Governing Law. This Agreement and the rights, obligations and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with this Agreement will be conducted in the Courts of Ontario, which will have exclusive jurisdiction over such proceedings. ARTICLE A27 FURTHER ASSURANCES A27.1 Agreement Into Effect. The Recipient will provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains and will otherwise do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of this Agreement to their full extent. ARTICLE A28 JOINT AND SEVERAL LIABILITY A28.1 Joint And Several Liability. Where the Recipient is comprised of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under this Agreement. Page 20 of 35 227 File Number: OCIF AC3-3236 ARTICLE A29 RIGHTS AND REMEDIES CUMULATIVE A29.1 Rights And Remedies Cumulative. The rights and remedies of the Province under this Agreement are cumulative and are in addition to, and not in substitution of, any of its rights and remedies provided by law or in equity. ARTICLE A30 JOINT AUTHORSHIP A30.1 Joint Authorship Of Agreement. The Parties will be considered joint authors of this Agreement and no provision herein will be interpreted against one Party by the other Party because of authorship. No Party will seek to avoid a provision herein because of its authorship through recourse to a third party, court, tribunal or arbitrator. ARTICLE A31 FAILURE TO COMPLY WITH OTHER AGREEMENT A31.1 Other Agreements. If the Recipient: (a) Has committed a Failure; (b) Has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) Has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) Such Failure is continuing, the Province may suspend the payment of Funds under this Agreement without liability, penalty or costs for such period as the Province determines appropriate. ARTICLE A32 SURVIVAL A32.1 Survival. The provisions of this Agreement that by their nature survive the expiration or early termination of this Agreement will so survive for a period of seven (7) years from the Expiry Date expiry or date of termination. Without limiting the generality of the foregoing, the following Articles and sections, and all applicable cross-referenced sections and schedules will continue in full force and effect for a period of seven (7) years from the Expiry Date or the date of termination: Article A1 and any other applicable definitions, section A4.2(e), A4.7, section A5.2, Article A7, section A8.1 (to the extent that the Recipient has not provided the Reports to the satisfaction of the Province), sections A8.2, A8.3, A8.4, A8.5, A8.6, Article A12, section A14.2, sections A15.2 and A15.3, sections A16.1, A16.2(d), (e), (f), (g) and (h), Article A18, Article A19, Article A20, Article A22, section A25.2, Article A26, Article A28, Article A29, Article A30, Article A31 and Article A32. A32.2 Survival After Creation. Despite section A32.1 of this Agreement, section A8.2 of this Agreement, including all cross-referenced provisions and Schedules, will continue in full force and effect for a period of seven (7) years from the date in which that document or record referred to in section A8.2 of this Agreement was created. [REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “B” FOLLOWS] Page 21 of 35 228 File Number: OCIF AC3-3236 SCHEDULE “B” ADDITIONAL TERMS AND CONDITIONS B1.1 The Province May Impose Additional Conditions On The Recipient. The Province may impose, at any time, such additional terms or conditions on the Recipient in terms of the Recipient’s operations, behaviour or responsibilities that relate to the use of any Funds which the Province considers, acting reasonably, appropriate for the proper expenditure and management of the Funds. For greater certainty, any additional terms or conditions the Province may impose shall be supplements to the existing terms and conditions of this Agreement as opposed to amendments to the terms and conditions of this Agreement. B1.2 Behaviour Of Recipient. The Recipient will carry out any Project to which Funds are directed in an economical and business-like manner, in accordance with the terms and conditions of this Agreement, subject to any additional conditions the Province may impose under section B1.1 of Schedule “B” of this Agreement or any reasonable amendments the Province may agree to or require from time to time in writing. B1.3 New Information. In the event of new information, errors, omissions or other circumstances affecting the determination of the amount of any Funds being provided under this Agreement, the Province may, in its sole and absolute discretion, adjust the Funds being provided under this Agreement. [REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “C” FOLLOWS] Page 22 of 35 229 File Number: OCIF AC3-3236 SCHEDULE “C” OPERATIONAL REQUIREMENTS UNDER THE AGREEMENT C1 Effective Date. The Effective Date of this Agreement is the date in which the Province signs the Agreement. C2 Expiration Date. Unless this Agreement is terminated earlier, this Agreement shall expire on March 31, 2020. C3 Project Completion Date. The Project will be completed no later than December 31, 2018. For clarity this means Substantial Completion must have occurred. C4 Submission Of Reports. All Reports under this Agreement will be submitted to the Province using the address supplied under section C6 of Schedule “C”or any other person identified by the Province in writing. C5 Insurance Amount. The amount of insurance the Recipient will have for the purposes of section A13.1 of Schedule “A” of this Agreement no less than two million dollars ($2,000,000.00). C6 Providing Notice. All Notices under this Agreement will be provided to: TO THE PROVINCE TO THE RECIPIENT Ministry of Agriculture, Food and Rural Affairs Rural Programs Branch 1 Stone Road West, 4NW Guelph, Ontario N1G 4Y2 Attention: Manager, Infrastructure Renewal Programs Fax: 519-826-3398 Email: OCIFApps@ontario.ca The Corporation of the Town of Tillsonburg 200 Broadway, 2nd Floor Tillsonburg,ON N4G 5A7 Attention:Kevin De Leebeeck, Director of Operations Fax: (519) 842-9431 Email: kdeleebeeck@tillsonburg.ca or any other person identified by the Parties in writing. [REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “D” FOLLOWS] Page 23 of 35 230 File Number: OCIF AC3-3236 SCHEDULE “D” PROJECT DESCRIPTION The project is for the reconstruction of Concession Street East, and includes the complete reconstruction of the pavement structure including new barrier curb and gutter with parking stalls, sidewalks, and storm drainage improvements. Output: Asset has been renewed and meets any relevant conditions and regulatory approvals. Outcomes: Increased traffic safety and flow; Improved road drainage. [REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “E” FOLLOWS] Page 24 of 35 231 File Number: OCIF AC3-3236 SCHEDULE “E” ELIGIBLE AND INELIGIBLE COSTS E1 Eligible Costs. Subject to the terms and conditions of this Agreement and section E2 of this Schedule “E” of the Agreement, Eligible Costs shall only include all direct and incremental costs that are attributable to the development and implementation of the Project and are in the Province’s sole and absolute discretion, properly and reasonably incurred as well as necessary for the Project. Eligible Costs must also be actual, verifiable cash outlays to third party vendors that are documented through invoices, receipts or other records that are acceptable to the Province. Without limiting the generality of the foregoing, Eligible Costs will only include the following: (a) The capital costs of constructing, rehabilitating, replacing or improving, in whole or in part, the tangible core infrastructure asset noted in the Project Description in Schedule “D” of the Agreement; (b) All planning and assessment costs, such as the costs of environmental planning, surveying, engineering, architectural supervision, testing and management consulting services; (c) The costs for permits, approvals, licences and other authorizing documents, as well as inspections and other fees directly attributable to obtaining a permit, approval, license or other authorizing document, provided those costs are directly attributable to the construction and implementation of Project, (d) The costs for consulting with an Aboriginal Group, including the Recipient’s legal fees, provided they are reasonable, on matters pertaining to the Project, including the translation of documents into languages spoken by the affected Aboriginal Group, but does not include any capacity-building funding unless specifically approved by Ontario in writing prior to being incurred; (e) The costs of Project-related signage, lighting, Project markings and utility adjustments; (f) The costs of joint communication activities, such as press releases, press conferences, translation and road signage recognition, as described in Schedule “G” of this Agreement; and (g) Other costs that are, in Ontario’s sole and absolute discretion, direct, incremental and necessary for the successful implementation of the Project, provided those costs have been approved by Ontario in writing prior to being incurred. E2 Ineligible Costs. The following costs are Ineligible Costs and are therefore ineligible to be paid from the Funds being provided under this Agreement: (a) Costs incurred not in accordance with section A6.1 of Schedule “A” of this Agreement; (b) Costs incurred prior to July 4, 2016 or after the Project Completion Date; (c) Costs associated with the acquisition or leasing of: (i) Land, (ii) Buildings, (iii) Equipment, (iv) Other facilities,and (v) Obtaining easements, including the costs or expenses for surveys, and includes real estate fees and other related costs; Page 25 of 35 232 File Number: OCIF AC3-3236 (d) Costs associated with moveable/transitory assets (e.g. portable generators, etc.) or rolling stock (e.g. trucks, graders, etc.) (e) Costs related to recreational trails. (f) Legal fees, other than those associated with consultation with Aboriginal Groups (provided such legal fees are reasonable; (g) Taxes, regardless of any rebate eligibility; (h) The value of any goods and services which are received through donations or in kind; (i) Employee wages and benefits, overhead costs as well as other direct or indirect operating, maintenance and administrative costs incurred by the Recipient for the Project, and more specifically, but without limiting the generality of the foregoing, costs relating to services delivered directly by permanent employees of the Recipient; (j) Unreasonable meal, hospitality or incidental costs or expenses of Consultants; (k) Costs associated with completing applications for the Ontario Community Infrastructure Fund; (l) Costs of accommodation for any Aboriginal Group; and (m) Costs incurred contrary to section A17.1 of Schedule “A” of this Agreement. E3 Costs Of Non-Arm’s Length Parties. The costs or expenses of goods or services acquired from parties that are not Arm’s Length from the Recipient must be valued at the cost of the supplying entity and shall not include any mark up for profit, return on investment or overhead costs and shall not exceed fair market value. The Province may not consider the eligibility of any of these costs unless access is provided to the relevant records of the supplying entity. [REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “F” FOLLOWS] Page 26 of 35 233 File Number: OCIF AC3-3236 SCHEDULE “F” FINANCIAL INFORMATION F1 Maximum Funds. Subject to the terms and conditions of this Agreement, Ontario will provide the Recipient with an amount up to Eight Hundred Thousand Nine Hundred and Seventeen Dollars ($800,917) in Funds for Eligible Costs for the Project. Project’s Estimated Total Net Eligible Costs: $889,908 (Original budget from application) Percentage of Provincial Support The Percentage of Provincial Support is fixed at Ninety (90%) for the Term of the Agreement. The percentage noted above is rounded to a whole number. Note that for payment purposes the percentage is calculated to 10 decimal places and is based on the Maximum Funds against the Project’s Estimated Total Net Eligible Costs as provided above. “Total Net Eligible Costs” means all direct costs that are, in Ontario’s sole and absolute discretion, properly and reasonably incurred as per Schedule “E” of this Agreement by the Recipient under a contract for goods or services necessary for the implementation of the Project, less any HST rebate or any other rebates the Recipient has received, will receive or is eligible to receive from any government source. F2 Holdback. The Province may withhold up to ten (10) percent from each payment of Funds the Province makes to the Recipient under this Agreement as a Holdback. F3 Provision Of Funds. The Province will provide the Funds to the Recipient, subject to the terms and conditions of the Agreement, in accordance with the following: MILESTONE PAYMENT SCHEDULE Project Milestone Payment Recipient Expected Date Milestone 1: Agreement Execution March 15, 2017 Milestone 2: Submission and Acceptance of Revised Budget Report (Submitted after 70% of the Project costs are awarded) March 30, 2018 Milestone 3: Submission and Acceptance of Final Report December 13, 2018 Page 27 of 35 234 File Number: OCIF AC3-3236 MILESTONE PAYMENT AMOUNT REQUIRED DOCUMENTATION Subject to the terms and conditions of the Agreement: - - Milestone 1: Execution of the Agreement by both Parties. An amount up to fifty-five percent (55%) of the Maximum Funds An executed Agreement and a Council by-law / Board resolution authorizing the Recipient’s entry into the Agreement. Milestone 2: Upon receipt and acceptance by Ontario of required reports. If there is a variance between the date noted in Recipient Expected Date for Milestone 2 (noted above) and the actual date Milestone 2 will be submitted by the Recipient, notification must be provided as soon as possible to Ontario. Provided it is not a negative figure, an amount up to seventy-five percent (75%) of either (i) The Maximum Funds, less the amount paid at Milestone 1; or (i) An amount calculated by multiplying the percentage of Maximum Funds against the Recipient’s Revised Total Net Eligible Costs, less the amount paid at Milestone 1. Construction Contract Award Report as described in Schedule “I” of this Agreement Revised Budget Report Progress Report Page 28 of 35 235 File Number: OCIF AC3-3236 Milestone 3: Upon receipt and acceptance by Ontario of the Final Report. The Final Report shall be submitted within sixty (60) Business Days of the completion of the Project and no later than February 15, 2019 whichever is earliest. If there is a variance between the date noted in Recipient Expected Date for Milestone 3 (noted above) and the actual date Milestone 3 will be submitted by the Recipient, notification must be provided as soon as possible to Ontario. Using the same method of calculation as in Milestone 2, (i) The balance of the Funds, if any, to the limit of the Maximum Funds or (ii) The balance, if any, of the Funds calculated by multiplying the Percentage of Provincial Support against the Recipient’s Total Net Eligible Costs as certified in the Final Report, whichever aggregate amount is smaller. Final Report [REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “G” FOLLOWS] Page 29 of 35 236 File Number: OCIF AC3-3236 SCHEDULE “G” ABORIGINAL CONSULTATION REQUIREMENTS G1.1 Purpose. This Schedule sets out the responsibilities of the Province and the Recipient in relation to consultation with Aboriginal Groups on the Project, and to delegate procedural aspects of consultation from the Province to the Recipient. G1.2 Definitions. For the purposes of this Schedule: “Section 35 Duty” means any duty the Province may have to consult and, if required, accommodate Aboriginal Groups in relation to the Project flowing from section 35 of the Constitution Act, 1982. G2.1 The Province’s Responsibilities. The Province is responsible for: (a) Determining the Aboriginal Groups to be consulted in relation to the Project, if any, and advising the Recipient of same; (b) The preliminary and ongoing assessment of the depth of consultation required with the Aboriginal Groups; (c) Delegating, at its discretion, procedural aspects of consultation to the Recipient pursuant to this Schedule; (d) Directing the Recipient to take such actions, including without limitation suspension as well as termination of the Project, as the Province may require; (e) Satisfying itself, where it is necessary to do so, that the consultation process in relation to the Project has been adequate and the Recipient is in compliance with this Schedule; and (f) Satisfying itself, where any Aboriginal or treaty rights and asserted rights of Aboriginal Groups require accommodation, that Aboriginal Groups are appropriately accommodated in relation to the Project. G3.1 Recipient’s Responsibilities. The Recipient is responsible for: (a) Giving notice to the Aboriginal Groups regarding the Project as directed by the Province, if such notice has not already been given by the Recipient or the Province; (b) Immediately notifying the Province of contact by any Aboriginal Groups regarding the Project and advising of the details of the same; (c) Informing the Aboriginal Groups about the Project and providing to the Aboriginal Groups a full description of the Project unless such description has been previously provided to them; (d) Following up with the Aboriginal Groups in an appropriate manner to ensure that Aboriginal Groups are aware of the opportunity to express comments and concerns about the Project, including any concerns regarding adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to the Aboriginal Groups, and immediately advising the Province of the details of the same; (e) Informing the Aboriginal Groups of the regulatory and approval processes that apply to the Project of which the Recipient is aware after reasonable inquiry; (f) Maintaining the Aboriginal Groups on the Recipient’s mailing lists of interested parties for environmental assessment and other purposes and providing to the Aboriginal Groups all notices and communications that the Recipient provides to interested parties and any notice of completion; (g) Making all reasonable efforts to build a positive relationship with the Aboriginal Groups in relation to the Project; Page 30 of 35 237 File Number: OCIF AC3-3236 (h) Providing the Aboriginal Groups with reasonable opportunities to meet with appropriate representatives of the Recipient and meeting with the Aboriginal Groups to discuss the Project, if requested; (i) If appropriate, providing reasonable financial assistance to Aboriginal Groups to permit effective participation in consultation processes for the Project, but only after consulting with the Province; (j) Considering comments provided by the Aboriginal Groups regarding the potential impacts of the Project on Aboriginal or treaty rights or asserted rights, including adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to an Aboriginal Group, or on other interests, or any other concerns or issues regarding the Project; (k) Answering any reasonable questions to the extent of the Recipient’s ability and receiving comments from the Aboriginal Groups, notifying the Province of the nature of the questions or comments received and maintaining a chart showing the issues raised by the Aboriginal Groups and any responses the Recipient has provided; (l) Where an Aboriginal Group asks questions regarding the Project directly of the Province, providing the Province with the information reasonably necessary to answer the inquiry, upon the Province’s request; (m) Subject to section G3.1(o) of this Schedule “G” of the Agreement, where appropriate, discussing with the Aboriginal Groups potential accommodation, including mitigation of potential impacts on Aboriginal or treaty rights, asserted rights or associated interests regarding the Project and reporting to the Province any comments or questions from the Aboriginal Groups that relate to potential accommodation or mitigation of potential impacts; (n) Consulting regularly with the Province during all discussions with Aboriginal Groups regarding accommodation measures, if applicable, and presenting to the Province the results of such discussions prior to implementing any applicable accommodation measures; (o) Complying with the Province’s direction to take any actions, including without limitation, suspension or termination of the Project, as the Province may require; and (p) Providing in any contracts with Third Parties for the Recipient’s right and ability to respond to direction from the Province as the Province may provide. G3.2 Acknowledgement By Recipient. The Recipient hereby acknowledges that, notwithstanding section A5.2 of the Agreement, the Province, any provincial ministry having an approval role in relation to the Project, or any responsible regulatory body, official, or provincial decision-maker, may participate in the matters and processes enumerated therein as they deem necessary. G3.3 Recipient Shall Keep Records And Share Information. The Recipient shall carry out the following functions in relation to record keeping, information sharing and reporting to the Province: (a) Provide to the Province, upon request, complete and accurate copies of all documents provided to the Aboriginal Groups in relation to the Project; (b) Keep reasonable business records of all its activities in relation to consultation and provide the Province with complete and accurate copies of such records upon request; (c) Provide the Province with timely notice of any Recipient mailings to, or Recipient meetings with, the representatives of any Aboriginal Group in relation to the Project; (d) Immediately notify the Province of any contact by any Aboriginal Groups regarding the Project and provide copies to the Province of any documentation received from Aboriginal Groups; Page 31 of 35 238 File Number: OCIF AC3-3236 (e) Advise the Province immediately of any potential adverse impact of the Project on Aboriginal or treaty rights or asserted rights of which it becomes aware; (f) Immediately notify the Province if any Aboriginal archaeological resources are discovered in the course of the Project; (g) Provide the Province with summary reports or briefings on all of its activities in relation to consultation with Aboriginal Groups, as may be requested by the Province; and (h) If applicable, advise the Province if the Recipient and an Aboriginal Group propose to enter into an agreement directed at mitigating or compensating for any impacts of the Project on Aboriginal or treaty rights or asserted rights. G3.4 Recipient Shall Assist The Province. The Recipient shall, upon request lend assistance to the Province by filing records and other appropriate evidence of the activities undertaken both by the Province and by the Recipient in consulting with Aboriginal Groups in relation to the Project, attending any regulatory or other hearings, and making both written and oral submissions, as appropriate, regarding the fulfillment of Aboriginal consultation responsibilities by the Province and by the Recipient, to the relevant regulatory or judicial decision-makers. G4.1 No Acknowledgment Of Duty To Consult Obligations. Nothing in this Schedule shall be construed as an admission, acknowledgment, agreement or concession by the Province or the Recipient, that a Section 35 Duty applies in relation to the Project, nor that any responsibility set out herein is, under the Constitution of Canada, necessarily a mandatory aspect or requirement of any Section 35 Duty, nor that a particular aspect of consultation referred to in section G3.1of this Schedule “G” of the Agreement is an aspect of the Section 35 Duty that could not have lawfully been delegated to the Recipient had the Parties so agreed. G5.1 No Substitution. This Schedule shall be construed consistently with but does not substitute for any requirements or procedures in relation to Aboriginal consultation or the Section 35 Duty that may be imposed by a ministry, board, agency or other regulatory decision-maker acting pursuant to laws and regulations. Such decision-makers may have additional obligations or requirements. Nonetheless, the intent of the Province is to promote coordination among provincial ministries, boards and agencies with roles in consulting with Aboriginal Groups so that the responsibilities outlined in this Agreement may be fulfilled efficiently and in a manner that avoids, to the extent possible, duplication of effort by Aboriginal Groups, the Recipient, the Province, and provincial ministries, boards, agencies and other regulatory decision-makers. G6.1 Notices In Relation To Schedule. All notices to the Province pertaining to this Schedule shall be in writing and shall be given sent to the person identified under section C6 of Schedule “C” of this Agreement. [REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “H” FOLLOWS] Page 32 of 35 239 File Number: OCIF AC3-3236 SCHEDULE “H” COMMUNICATIONS PROTOCOL H1 Application Of Protocol. This Protocol applies to all communications activities related to any funding the Recipient receives under this Agreement. Communications activities may include, but are not limited to: (a) Project signage (b) Media events and announcements, including news conferences, public announcements, official events or ceremonies, news releases (c) Printed materials (d) Websites (e) Photo compilations (f) Award programs (g) Awareness campaigns H2 Project Signage. The Province may require that a sign be installed at the site of the Project. If the Recipient installs a sign at the site of a Project, the Recipient will, at the Province’s request, provide acknowledgement of the provincial contribution to the Project. Sign design, content and installation guidelines will be provided by the Province. Where the Recipient decides to install a permanent plaque or other suitable marker with respect to a Project, it must recognize the provincial contribution to the Project and be approved by the Province prior to installation. The Recipient is responsible for the production and installation of Project signage, unless otherwise agreed upon in writing prior to the installation of the signage. H3 Media Events. The Province or the Recipient may request a media event, announcement or recognition of key milestones related to Project. In requesting a media event or an announcement, the Party requesting the event will provide at least twenty-one (21) Business Days’ notice to the other Party of its intention to undertake such an event. The event will take place at a date and location that is mutually agreed to by the Parties. The Parties will have the opportunity to participate in such events through a designed representative. Each participant will choose its designated representative. All joint communications material related to media events and announcements must be approved by the Province and recognize the funding provided by the Province. Media events and announcements include but are not limited to: (a) News conferences (b) Public announcements (c) Official events or ceremonies (d) News releases H4 Awareness Of Project. The Recipient may include messaging in its own communications products and activities with regards to the Project. When undertaking such activities, the Recipient will provide the opportunity for the Province to participate and will recognize the funding provided by the Province. Page 33 of 35 240 File Number: OCIF AC3-3236 H5 Issues Management. The Recipient will share information immediately with the Province should significant emerging media, Project or stakeholder issues relating to a Project arise. The Province will advise the Recipient, when appropriate, about media inquiries concerning the Project. H6 Communicating Success Stories. The Recipient agrees to communicate with the Province for the purposes of collaborating on communications activities and products including but not limited to success stories and features relating to the Project. The Recipient acknowledges and agrees that the Province may publicize information about the Project. The Province agrees it will use reasonable efforts to consult with the Recipient about the Province’s publication about the Project prior to making it. H7 Disclaimer. If the Recipient publishes any material of any kind relating to the Project or the Ontario Community Infrastructure Fund, the Recipient will indicate in the material that the views expressed in the material are the views of the Recipient and do not necessarily reflect the Province’s views. [REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “I” FOLLOWS] Page 34 of 35 241 File Number: OCIF AC3-3236 SCHEDULE “I” REPORTS I1 Reports. The Recipient will submit the following Reports in accordance with the reasonable directions provided by the Province by the date indicated in the chart immediately below and with such content as is satisfactory to the Province. The Province will provide the contents of the Report at a later date. Name of Report and Details Required Due Date 1. Construction Contract Award Report - a Report from council including a resolution or other municipal document recognizing the awarding of the Project tender(s) Within fifteen (15) Business Days of a council resolution and no later than June 29, 2018. 2. Revised Budget Report must be based on tenders awarded to complete the Project. The Recipient shall use the form provided by the Province. Within fifteen (15) Business Days of a council resolution awarding the tender(s) and no later than June 29, 2018. 3. Progress Report - The Recipient shall use the form provided by the Province. Twice a year by May 15 and October 15 for the Term of the Agreement or until sixty (60) Business Days after the Project Completion Date. A Progress Report is also required as part of the submission for Milestone Two (2). 4. Final Report - including statement of final incurred eligible expenses validated by invoices and/or payment certificates. The Recipient shall use the form provided by the Province. Within sixty (60) Business Days of the Project Completion or no later than February 15, 2019 whichever is earliest. 5. Other Reports or information as may be directed by Ontario from time to time, if any On or before a date directed by Ontario. Page 35 of 35 242 = 1. Call to Order The meeting was called to order at 4:35 p.m. 2. Adoption of Agenda Resolution #1 Moved By: Aleksandra Webber Seconded By: Virginia Armstrong THAT the Agenda as prepared for the Canada 150 Committee meeting of Monday, February 27, 2017, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 4. Adoption of the Committee Minutes of Previous Meeting Resolution #2 Moved By: Brian Stepheson Seconded By: Aleksandra Webber THAT the Minutes of the Canada 150 Committee meeting of January 30, 2017, be approved. Carried 5. Welcome & Introduction of New Committee Members Welcome Karen Smith and Wendy Cameron Karen Smith provided a brief introduction of herself and noted that she represents the Tillsonburg Senior Centre. The Corporation of the Town of Tillsonburg Canada 150 Committee Monday, February 27, 2017 4:30 p.m. Committee Meeting Room 200 Broadway, 2nd Floor MINUTES 243 Canada 150 Committee Meeting – Agenda - 2 - Wendy Cameron provided her background and noted that she and her husband own the Sobeys store here in Tillsonburg. 6. Sub-Committee Appointments 6.1 Canada Day Sub-Committee Resolution #3 Moved By: Virginia Armstrong Seconded By: Paul Weaver THAT the Canada 150 Committee appoints Tricia Smith and Brian Stephenson. Karen Smith, Alexandra as representatives of the committee to sit on the Town’s Canada Day planning committee. Carried 6.2 League of Nations This is a re-creation of an event that happened on the lawn at Annandale House in the 1800’s. Resolution #4 Moved By: Virginia Armstrong Seconded By: Aleksandra Webber THAT the Canada 150 Committee appoints Patty Phelps, Paul Weaver, Virginia Armstrong and Jamie Stephenson to form the League of Nations Sub-Committee to plan activities for this event; AND THAT a report, be brought back to the committee once an event plan has been finalized for consideration. Carried Harvest Festival This could be added to the League of Nations event. 6.3 Poster Contest To be deferred to the next meeting. 244 Canada 150 Committee Meeting – Agenda - 3 - 7. Canada 150 Promotional Material 6.1 Quotes for Canada 150 Pins & Custom Crests Colleen Pepper, Marketing & Partnerships Officer for the Town, was in attendance and offered some suggestions regarding marketing and promotional material. She suggested that the committee break up the merchandise needs and determine what is your Canada Day merchandise, what are the giveaway items for other events and what is the budget. Canada 150 calendar – Colleen suggests that when submitting to the calendar that events have to taged Canada 150 and then the name of the even. This is to ensure that when Canada 150 events are searched that the event pops up. The committee will have to determine “what is a Canada 150 event” (fishing derby on Lake Lisgar?) and where do you want it displayed and how much information do you want on the calendar and on the landing page. The discussion determined that as long as an event had some Canada 150 component then it should be listed on the calendar of events. The Canada 150 Web Page requires staff support in that content will have to be added by internal staff. The committee determined that it is not their role to sell and market merchandise. Dollars will be spent on giveaway merchandise only. Moved by Virginia seconded by Paul That staff investigates the purchase of 2500 Canada 150 pins (1.25” round) and provide costs to the committee. Carried The Marketing sub-committee, Virginia Armstrong, Irene Hurley and Jessico Melo, to meet and bring back a recommendation to the committee on marketing considerations and how to reach out to event coordinators. A recent Curling event celebrated Canada’s 150 at the event but did not add it to the calendar. To provide a recommendation on what message should be included in the community update in the Tillsonburg News in order to capture all the Canada 150 events. Another suggestion was to encourage groups to post their events on facebook. 245 Canada 150 Committee Meeting – Agenda - 4 - 6.2 Community Centre & On-line Store It was determined that this committee shall not market Canada 150 material as local merchants will be providing that service to the community. 6.3 Canada Day The Canada Day sub-committee to provide a report at the March 20th committee meeting. 8. Celebration Tree Program Update To be provided at the March 20, 2017 committee meeting. 9. Canada 150 Contests & Opportunities 9.1 Participaction 150 Playlist - https://www.participaction.com/en- ca/programs/participaction-150-play-list 10. Other Business 10.1 Marwood Metal – making Canada 150 steel piece. They will be providing this to the Town for the celebration plaza grand opening. 10.2 The Seven Gables E & E McLaughlin have stated that they will do a Canada 150 event at the grand opening of their B & B which is the renovated original Tillson House known as the Seven Gables. 11. Next Meeting The next meeting of the Canada 150 Committee will be held on March 20, 2017 at 4:30 p.m. in the Committee Room. (TBD) 12. Adjournment Resolution #6 Moved By: Aleksandra Webber Seconded By: Mariana Carson THAT the February 27, 2017 Meeting of the Canada 150 Committee, be adjourned at 5:35 p.m. Carried 246 = ATTENDANCE Bob Marsden, Patty Phelps, Dianne MacKeigan, Aleksandra Webber, Marianne Sandham, Mary Lou Sergeant, Jami lee Stephenson MEMBERS ABSENT/REGRETS Chris Rosehart 1. Call to Order The meeting was called to order at 4:30 pm 2. Adoption of Agenda Moved By- Mary Lou Sergeant Seconded By- Jami Stephenson Proposed Resolution #_1 THAT the Agenda for the Museum Advisory Committee meeting of February 23, 2017, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof- none 4. Adoption of Minutes of Previous Meeting 4.1. Minutes of the Meeting of January 26, 2017 Moved By: Mary Lou Sergeant Seconded By: Aleksandra Webber Proposed Resolution #_2 THAT the Minutes of the Museum Advisory Committee Meeting of January 26 ,2017 be approved. Carried Business arising from minutes: Concern was expressed concerning security in 2nd floor programme room and hallway if Oxford Creative Connections uses the room as a gallery for artists’ work. Moved By: Mary Lou Sergeant Seconded By: Jami Stephenson The Corporation of the Town of Tillsonburg Museum Advisory Committee Thursday, February 23 , 2017 4:30 pm Program Room- 2nd floor Annandale NHS 30 Tillson Ave., Tillsonburg MINUTES 247 Proposed Resolution # 3 THAT a letter be sent to Dave Morris asking the Historical Society to reconsider a proposal to install two cameras-one in the programme room and one in the second floor hallway outside this room. Carried 5. Delegations and Presentations- None 6. General Business & Reports 6.1. Financial- Balance in the Annandale House Trust Account- $103,304.78 6.2. Tour Guides- Guides recruited for the scheduled hourly tours were kept fairly busy with a good response this year. 6.3. Curator’s Report- The Curator’s report was circulated and included the following highlights: 1. Numbers for January were close to 2016. 2. 25 people attended the opening of the Poems about Flowers show in the Pratt Gallery on February 3. 3. Family Day was a success with 113 people attending. 4. 11 people attended the first Dominion Day talk on Feb. 15 5. 34 season passes have been booked for the Lunch and Learn series. The first one featured Joan Weston’s history of Lake Lisgar. 6. OCCI has booked the program room for 4 workshops. The first one on Feb.8th was attended by 12 people. 7. Funding for July 1st celebrations from the province didn’t happen so the committee is looking at planning a smaller event. 8. Printed calendars for 2017’s WWI project have been done and members received a copy. 9. Marie Blake will receive her 15 year pin from the town on March 13th with a ceremony in council chambers 4:30 to 5:30 10. Upcoming events: - Women’s Day floral workshop and tea -March 8 Last day of poem and art show- April 2 Next Lunch and Learn- March 23 and 24 248 Opening of The Great Flood exhibit- April 22 (65 years to the day after the flood) Moved By Dianne MacKeigan Seconded By Mary Lou Sergeant Proposed Resolution # 4 THAT the reports be adopted as circulated. Carried 7. Correspondence- none . 8. Other Business 8.1. Porch work remains undone but this work has been ACR' 9. Next Meeting- Thursday February 23,2017 at 4:30 pm 10. Adjournment Moved by Jami lee Stephenson Proposed Resolution #6 THAT the Museum Advisory Committee meeting of January 26, 2017 be adjourned at 5:30 pm 249 250 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4088 A BY-LAW to enter into an agreement with Her Majesty The Queen In Right Of Ontario as represented by the Minister of Agriculture, Food and Rural Affairs. WHEREAS the Government of Ontario has created the Ontario Community Infrastructure Fund Top-Up Application Component to: (1) provide stable funding to help small communities address critical core infrastructure needs in relation to roads, bridges, water and wastewater; (2) further strengthen municipal asset management practices within small communities; and (3) help small communities use a broad range of financial tools to address infrastructure challenges and provide long-term support for rehabilitation and repair of core infrastructure for those in most need. WHEREAS The Town of Tillsonburg is desirous of entering into an Ontario Community Infrastructure Fund Top-Up Agreement with Her Majesty The Queen In Right Of Ontario as represented by the Minister of Agriculture, Food and Rural Affairs. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the agreement attached hereto forms part of this by-law; 2. THAT the Mayor and Town Clerk be hereby authorized to execute the attached OCIF Fund Agreement on behalf of the Corporation of the Town of Tillsonburg. READ A FIRST AND SECOND TIME THIS 13th DAY OF March, 2017. READ A THIRD AND FINAL TIME AND PASSED THIS 13th DAY OF March, 2017. _____________________________ Mayor – Stephen Molnar _____________________________ Town Clerk – Donna Wilson 251 File Number: OCIF AC3-3236 ONTARIO COMMUNITY INFRASTRUCTURE FUND – APPLICATION-BASED COMPONENT AGREEMENT BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Agriculture, Food and Rural Affairs (the “Province”) – and – The Corporation of the Town of Tillsonburg (CRA# 126587195) (the “Recipient”) BACKGROUND The Province created the Ontario Community Infrastructure Fund to: (1) provide stable funding to help small communities address critical core infrastructure needs in relation to roads, bridges, water and wastewater; (2) further strengthen municipal asset management practices within small communities; and (3) help small communities use a broad range of financiering tools to address infrastructure challenges and provide long-term support for rehabilitation and repair of core infrastructure for those in most need. The Ontario Community Infrastructure Fund is composed of two (2) components: (1) the Application-Based Component; and (2) the Formula-Based Component. The Recipient has applied to the Application-Based Component of the Ontario Community Infrastructure Fund for funding to assist the Recipient in carrying out the Project and the Province wishes to provide funding for the Project. The Recipient is eligible to receive funding under the Application-Based Ontario Community Infrastructure Fund to undertake a Project. CONSIDERATION In consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged, the Parties agree as follows: 1.0 ENTIRE AGREEMENT 1.1 This Agreement, including: Schedule “A” – General Terms And Conditions, Schedule “B” – Additional Terms And Conditions, Page 1 of 35 252 File Number: OCIF AC3-3236 Schedule “C” – Operational Requirements Under The Agreement, Schedule “D” – Project Description, Schedule “E” – Eligible And Ineligible Costs, Schedule “F” – Financial Information, Schedule “G” – Aboriginal Consultation Requirements, Schedule “H” – Communications Protocol, and Schedule “I” – Reports, constitutes the entire agreement between the Parties with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations and agreements. 2.0 COUNTERPARTS 2.1 This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 3.0 AMENDING AGREEMENT 3.1 This Agreement may only be amended by a written agreement duly executed by the Parties. 4.0 ACKNOWLEDGEMENT 4.1 The Recipient acknowledges and agrees that: (a) By receiving Funds it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the BPSAA, the PSSDA and the AGA; (b) Her Majesty the Queen in Right of Ontario has issued expenses, perquisites and procurement directives and guidelines pursuant to the BPSAA that may be applicable to the Recipient; (c) The Funds are (i) To assist the Recipient to carry out the Project and not to provide goods or services to the Program, and (ii) Funding for the purposes of the PSSDA; and (d) The Province is not responsible for, nor does the Province have a managerial role in, the undertaking, implementation, completion, operation and/or maintenance of the Project. The Recipient will not seek to hold the Province responsible for the undertaking, implementation, completion, operation and/or maintenance of the Project through recourse to a third party, arbitrator, tribunal or court. [REST OF PAGE INTENTIONALLY LEFT BLANK – SIGNATURE PAGE FOLLOWS] Page 2 of 35 253 File Number: OCIF AC3-3236 IN WITNESS WHEREOF the Parties have executed this Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of Agriculture, Food and Rural Affairs ______________________________________ ___________________ Name: Randy Jackiw Date Title: Assistant Deputy Minister, Economic Development Division I have the authority to bind the Province pursuant to delegated authority. THE CORPORATION OF THE TOWN OF TILLSONBURG Signature: Name: Stepehn Molnar March 13, 2017 Title: Mayor AFFIX CORPORATE SEAL Signature: Name: Donna Wilson March 13, 2017 Title: Town Clerk I/We have the authority to bind the Recipient. [REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “A” FOLLOWS] Page 3 of 35 254 File Number: OCIF AC3-3236 SCHEDULE “A” GENERAL TERMS AND CONDITIONS ARTICLE A1 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpreting this Agreement: (a) Words in the singular include the plural and vice versa; (b) Words in one gender include all genders; (c) The headings do not form part of this Agreement; they are for reference purposes only and will not affect the interpretation of the Agreement; (d) Any reference to dollars or currency will be in Canadian dollars and currency; (e) Any reference to a statute means a statute of the Province of Ontario, unless otherwise indicated; (f) Any reference to a statute is to that statute and to the regulations made pursuant to that statute as they may be amended from time to time and to any statute or regulations that may be passed that have the effect of supplanting or superseding that statute or regulation unless a provision of this Agreement provides otherwise; (g) All accounting terms will be interpreted in accordance with the Generally Accepted Accounting Principles used in Canada and all calculations will be made and all financial data to be submitted will be prepared in accordance with the Generally Accepted Accounting Principles used in Canada; and (h) The words “include”, “includes” and “including” denote that the subsequent list is not exhaustive. A1.2 Definitions. In this Agreement, the following terms will have the following meanings: “Aboriginal Group” includes the Indian, Inuit and Métis peoples of Canada or any other group holding Aboriginal or treaty rights under section 35 of the Constitution Act, 1982. “Additional Provisions” means the terms and conditions referred to in section A10.1 of Schedule “A” to this Agreement and specified in Schedule “B” of this Agreement. “AGA” means the Auditor General Act. “Agreement” means this agreement entered into between the Province and the Recipient and includes all of the Schedules listed in section 1.1 of this Agreement and any amending agreement entered into pursuant to section 3.1 of this Agreement. “Arm’s Length” has the same meaning as set out in the Income Tax Act (Canada), as it read on the Effective Date of this Agreement. “Auditor General” means the Auditor General of Ontario. “BPSAA” means the Broader Public Sector Accountability Act, 2010. “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day; and any other day on which the Province is closed for business. Page 4 of 35 255 File Number: OCIF AC3-3236 “Communications Protocol” means the protocol set out under Schedule “H” of this Agreement. “Conflict Of Interest” includes any circumstances where: (a) The Recipient; or (b) Any person who has the capacity to influence the Recipient’s decisions, has outside commitments, relationships or financial interests that could, or could be seen to, interfere with the Recipient’s objective, unbiased and impartial judgment relating to the Project, the use of the Funds or both. “Consultant” means any person the Recipient retains to undertake any part of the work related to this Agreement. “Contract” means an agreement between the Recipient and a third-party whereby the third- party provides a good or service for the Project in return for financial consideration that the Recipient wants to pay from the Funds under this Agreement. “Effective Date” means the date on which this Agreement is effective, as set out under section C1 of Schedule “C” of this Agreement. “Eligible Costs” means those costs set out under section E1 of Schedule “E” of this Agreement. “Event of Default” has the meaning ascribed to it in section A16.1 of Schedule “A” this Agreement. “Expiration Date” means the date on which this Agreement will expire, as set out under section C2 of Schedule “C” of this Agreement unless amended or terminated prior to this date in accordance with the terms and conditions of this Agreement. “FAA” means the Financial Administration Act. “Failure” means a failure to comply with any term, condition, obligation under any other agreement that the Recipient has with Her Majesty the Queen in Right of Ontario or one of Her agencies. “FIPPA” means the Freedom of Information and Protection of Privacy Act. “First Nation” means a band, as defined under section 2(1) of the Indian Act (Canada). “Funds” means the money the Province provides to the Recipient pursuant to this Agreement. “Holdback” means the amount, set out under section F2 of Schedule “F” of this Agreement, that the Province may withhold from any payment owing to the Recipient under this Agreement. “Indemnified Parties” means Her Majesty the Queen in Right of Ontario, Her Ministers, agents, appointees and employees. Page 5 of 35 256 File Number: OCIF AC3-3236 “Ineligible Costs” means those costs set out under section E2 of Schedule “E” of this Agreement. “Interest Earned” means the amount of money earned by the Recipient from placing the Funds in an interest bearing account as set out under section A4.4 of Schedule “A” of this Agreement. “Local Services Board” means a board established under the Northern Services Boards Act. “MA” means the Municipal Act, 2001. “Maximum Funds” means the amount set out under section F1 of Schedule “F” of this Agreement. “Notice” means any communication given or required to be given pursuant to this Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default, and includes any such period or periods of time by which the Province considers it reasonable to extend that time. “Parties” means the Province and the Recipient collectively. “Party” means either the Province or the Recipient. “Project” means the undertaking described in Schedule “D” of this Agreement. “Project Completion Date” means the date set out under section C3 of Schedule “C” of this Agreement. “PSSDA” means the Public Sector Salary Disclosure Act, 1996. “Reports” means the reports set out under Schedule “I” of this Agreement. “Requirements of Law” means all applicable statutes, regulations, by-laws, ordinances, codes, official plans, rules, approvals, permits, licenses, authorizations, orders, decrees, injunctions, directions and agreements with all authorities that now or at any time hereafter may relate to the Recipient, the Project, the Funds and this Agreement. Without limiting the generality of the foregoing, if the Recipient is subject to the BPSAA, the PSSDA or any other type of broader public sector accountability legislative provisions, the BPSAA, the PSSDA and those broader public sector accountability legislative provisions are deemed to be a Requirement of Law. “Substantial Completion” has the same meaning as “substantially performed”, as defined under section 2(1) of the Construction Lien Act. “Term” means the period of time beginning on the Effective Date of this Agreement and ending on the Expiration Date unless terminated earlier pursuant to Articles A14, A15 or A16 of this Agreement. Page 6 of 35 257 File Number: OCIF AC3-3236 A1.3 Conflict. Subject to section A10.1 of Schedule “A” of this Agreement, in the event of a conflict between the terms and conditions set out in this Schedule “A” of the Agreement and the terms or conditions set out in any other Schedule of this Agreement, the terms and conditions set out under this Schedule “A” of the Agreement will prevail. ARTICLE A2 EFFECTIVE DATE AND DURATION OF AGREEMENT A2.1 Effective Date Of Agreement. This Agreement will take effect on its Effective Date. A2.2 Expiration Date Of Agreement. This Agreement will expire on its Expiration Date. ARTICLE A3 REPRESENTATIONS, WARRANTIES AND COVENANTS A3.1 General. The Recipient represents, warrants and covenants that: (a) It is, and will continue to be for the Term of this Agreement, a validly existing legal entity with full power to fulfill its obligations under this Agreement; (b) It has, and will continue to have for the Term of this Agreement, the experience and expertise necessary to carry out the Project; (c) It has the financial resources necessary to carry out the Project and is not indebted to any person to the extent that that indebtedness would undermine the Recipient’s ability to complete the Project; (d) It is in compliance with all Requirements of Law and will remain in compliance with all Requirements of Law related to any aspect of the Project, the Funds or both for the Term of this Agreement; and (e) Unless otherwise provided for in this Agreement, any information the Recipient provided to the Province in support of its request for Funds, including any information relating to any eligibility requirements, was true and complete at the time the Recipient provided it. A3.2 Execution Of Agreement. The Recipient represents and warrants that it has: (a) The full power and authority to enter into this Agreement; and (b) Taken all necessary actions to authorize the execution of this Agreement. A3.3 Governance. The Recipient represents, warrants and covenants that it has, and will maintain, in writing for the Term of this Agreement: (a) A code of conduct and ethical responsibilities for all persons at all levels of the Recipient’s organization; (b) Procedures to ensure the ongoing effective functioning of the Recipient; (c) Decision-making mechanisms for the Recipient; (d) Procedures to enable the Recipient to manage the Funds prudently and effectively; (e) Procedures to enable the Recipient to successfully complete the Project; (f) Procedures to enable the Recipient to, in a timely manner, identify risks to the completion of the Project and develop strategies to address those risks; (g) Procedures to enable the preparation and delivery of all Reports required under this Agreement; and Page 7 of 35 258 File Number: OCIF AC3-3236 (h) Procedures to enable the Recipient to deal with such other matters as the Recipient considers necessary to ensure that the Recipient carries out its obligations under this Agreement. A3.4 Approvals, Licenses And Permits. The Recipient represents, warrants and covenants that it has or will apply for any approval, license, permit or similar authorization necessary to carry out the Project before carrying out the Project. For greater clarity, the Recipient acknowledges and agrees that the entering into this Agreement does not in any way obligate any regulatory authority established under an Act of the Ontario Legislature to issue any type of approval, license, permit or similar authorization that the Recipient may need or want in relation to undertaking the Project or to meet any other term or condition under this Agreement. A3.5 Supporting Documentation. Upon request, and within the time period indicated in the Notice, the Recipient will provide the Province with proof of the matters referred to in Article A3 of this Agreement. A3.6 Additional Covenants. The Recipient undertakes to advise the Province within five (5) Business Days of: (a) Any changes that affect its representations, warranties and covenants under sections A3.1 to A3.4 of Schedule “A” of this Agreement during the Term of the Agreement; and (b) Any actions, suits or other proceedings which could or would reasonably prevent the Recipient from complying with the terms and conditions of this Agreement. A3.7 Recipient’s Representations, Warranties And Covenants For The Benefit Of The Province. The Recipient acknowledges and agrees that the representations, warranties and covenants set out in this Article A3 of Schedule “A” of the Agreement are for the sole benefit of the Province. A3.8 Provincial Reliance On Recipient’s Representations, Warranties And Covenants. The Recipient acknowledges and agrees that the Province is relying on all of the representations, warranties and covenants set out in this Article A3 of Schedule “A” of this Agreement. ARTICLE A4 FUNDS AND CARRYING OUT THE PROJECT A4.1 Funds Provided. The Province will: (a) Provide the the Recipient up to the Maximum Funds for the sole purpose of carrying out the Project. (b) Provide the Funds to the Recipient in accordance with section F3 of Schedule “F” of this Agreement; (c) Deposit the Funds into an account designated by the Recipient, provided that account: (i) Resides at a Canadian financial institution, and (ii) Is in the name of the Recipient. A4.2 Limitation On Payment Of Funds. Despite section A4.1 of Schedule “A” of this Agreement: (a) The Province is not obligated to provide any Funds to the Recipient until the Recipient provides the insurance certificate or other proof as the Province may request pursuant to section A14.2 of Schedule “A” of this Agreement; Page 8 of 35 259 File Number: OCIF AC3-3236 (b) The Province is not obligated to provide any instalments of Funds until the Province is satisfied with the progress of the Project; (c) The Province may adjust the amount of Funds it provides to the Recipient without liability, penalty or costs based upon the Province’s assessment of the information provided by the Recipient pursuant to Article A8 of Schedule “A” of this Agreement; (d) The Province may withhold the Holdback from each payment made under this Agreement and is not obligated to pay the Holdback to the Recipient for thirty (30) days after the Expiration Date of this Agreement; and (e) If, in the opinion of the Minister of Agriculture, Food and Rural Affairs, the Province does not receive the necessary appropriation from the Ontario Legislature for any payment under this Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may: (i) Reduce the amount of Funds and, in consultation with the Recipient, change the Project without liability, penalty or costs; or (ii) Terminate the Agreement pursuant to section A15.1 of Schedule “A” of this Agreement. A4.3 Use Of Funds And Project. The Recipient will: (a) Only use the Funds being provided under this Agreement toward the Project; (b) Carry out and complete any Projects in accordance with the terms and conditions of this Agreement; (c) Use the Funds only for Eligible Costs that are necessary to carry out the Project; and (d) Not use the Funds for Ineligible Costs. A4.4 Interest Bearing Account. If the Province provides Funds to the Recipient before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest-bearing account in the name of the Recipient at a Canadian financial institution. The Recipient will hold the Funds in trust plus any Interest Earned thereon for the Province until the Recipient needs the Funds for the Project. A4.5 No Provincial Payment Of Interest. The Province is not required to pay interest on any Funds under this Agreement. For greater clarity, this includes interest on any Funds that the Province has withheld paying to the Recipient pursuant to a term or condition set out in this Agreement. A4.6 Rebates, Credits and Refunds. The Recipient acknowledges and agrees that the amount of Funds available to it pursuant to this Agreement is based on the actual costs to the Recipient, less any costs, including taxes, for which the Recipient has received, will receive or is eligible to receive, a rebate, credit or refund. A4.7 Maximum Funds. The Recipient acknowledges and agrees that the Funds available to it pursuant to this Agreement will not exceed the Maximum Funds. A4.8 Project Financing. The Recipient acknowledges and agrees that: (a) It is solely responsible for making any alternative arrangements that may be required to obtain additional financing for the Project in the event that its original financing situation changes; (b) It is solely responsible for covering any unapproved expenditures and cost overruns; and (c) It is solely responsible for securing any additional financing required to complete the Project. Page 9 of 35 260 File Number: OCIF AC3-3236 A4.9 No Changes To The Project. The Recipient will not make any changes to the Project without the prior written consent of the Province. A4.10 Project Completion. The Recipient will Substantially Complete the Project by the Project Completion Date. A4.11 Disposal Of Assets. The Recipient will not, without the Province’s prior written consent, sell, lease, encumber or otherwise dispose of any asset purchased, rehabilitated or built with the Funds or for which Funds were provided for a period of five (5) years after the date in which the Project was completed. A4.12 Funding, Not Procurement. For greater clarity, the Recipient acknowledges and agrees that: (a) It is receiving Funds from the Province for the Project and is not providing goods or services to the Province; and (b) The Funds the Province is providing under this Agreement is funding for the purposes of the PSSDA. ARTICLE A5 ABORIGINAL CONSULTATION A5.1 Provision Of Funds Dependent Upon The Province Meeting Its Duty To Consult Obligations. The Recipient acknowledges and agrees that the provision of any Funds under this Agreement is strictly conditional upon the Province satisfying any obligations it may have to consult with and, if appropriate, accommodate any Aboriginal Group with an interest in the Project for the Project to proceed. A5.2 Recipient Is The Province’s Delegate For Purposes Of Consultation With Aboriginal Groups. By entering into this Agreement, the Province delegates the procedural aspects of any consultation obligations the Province may have with any Aboriginal Group in relation to the Project to the Recipient as set out in Schedule “G” of this Agreement. The Recipient, by signing this Agreement acknowledges that the Province has delegated the procedural aspects of any consultation obligations that the Province may have with any Aboriginal Group in relation to the Project and accepts said delegation and agrees to act diligently as the Province’s delegate so as to preserve the Honour of the Crown in relation to any consultation obligations that the Province may have in relation to the Project. A5.3 Recipients Obligations In Relation To Consultations. The Recipient will: (a) Be responsible for consulting with any Aboriginal Group that has an interest in the Project on behalf of the Province in accordance with Schedule “G” of this Agreement; (b) Take directions from the Province in relation to consulting with any Aboriginal Group with an interest in the Project as well as any other directions that the Province may issue in relation to consultations, including suspending or terminating any Project in which Funds are directed; and (c) Provide a detailed description of any actions it took in relation to consultation with any Aboriginal Group with an interest in the Project in its Reports. A5.4 Recipient Will Not Start Construction On Project Until Recipient Provides Evidence To The Province That Notice Of Project Has Been Given To Identified Aboriginal Groups. Despite anything else in this Agreement, the Recipient will not commence or allow a third party to commence construction on any aspect of the Project for forty-five (45) Business Page 10 of 35 261 File Number: OCIF AC3-3236 Days, or such other longer or shorter time as the Province may direct, after it has provided the Province with written evidence that the Recipient has sent notice about the Project to the Aboriginal Groups the Province has identified in accordance with Schedule “G” of this Agreement. ARTICLE A6 RECIPIENT’S ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF ASSETS A6.1 Acquisition Of Goods And Services In Competitive Procurement Process. The Recipient will acquire any goods and services for the Project through a transparent, competitive process that ensures the best value for any Funds expended and at no greater value than fair market value, after deducting trade discounts and/or other discounts available to the Recipient. Without limiting the generality of the foregoing, where the Recipient is a municipal entity to which the MA applies, the Recipient will follow its procurement policies required under the MA. Where the Recipient is a Local Services Board, the Recipient will obtain a minimum of three (3) written quotes for any goods or services exceeding twenty-five thousand dollars ($25,000.00), unless the Province provides its prior written approval to obtain such goods or services in another manner. The Province may waive the requirements of this section A6.1 of Schedule “A” of the Agreement in writing if: (a) The goods or services the Recipient is purchasing are not readily available; or (b) The Recipient has researched the market for a similar purchase within the last two (2) years and knows prevailing market costs for those good or services being purchased. A6.2 BPSAA. For greater clarity, if the Recipient is subject to the BPSAA and there is a conflict between the BPSAA and a requirement under this Article A6 of the Agreement, the BPSAA will apply and prevail to the extent of that conflict. A6.3 Contracts. The Recipient will ensure that all Contracts: (a) Are consistent with this Agreement; (b) Do not conflict with this Agreement; (c) Incorporate the relevant provisions of this Agreement to the fullest extent possible; (d) Require that any parties to those Contracts comply with all Requirements of Law; and (e) Authorize the Province to perform audits of the parties to those Contracts in relation to the Project or any Funds provided to those parties. A6.4 Use Of Consultants. The Province recognizes and acknowledges that the Recipient may engage one or more Consultants for the purposes of carrying out the Project. The Recipient will have sole responsibility for hiring and terminating the employment of said Consultants. The Recipient further acknowledges and agrees that the Recipient will be responsible for all acts and actions of the Recipient’s Consultants and that all such acts and actions will be treated as acts and actions of the Recipient for the purposes of this Agreement. A6.5 Trade Agreements. If the Recipient is subject to any provincial or federal trade agreements to which the Province is a party, the Recipient will comply with the applicable requirements of such trade agreements. In particular, and without limitation, if the Recipient is subject to Annex 502.4 of the Agreement on Internal Trade, the Recipient will comply with all applicable requirements of Annex 502.4. In the event of any conflict between any requirement under Annex 502.4 and a requirement under this Article 6 of the Agreement, Annex 502.4 will apply and prevail to the extent of that conflict. Page 11 of 35 262 File Number: OCIF AC3-3236 A6.6 Costs Of Contracts Not Awarded In Compliance With This Article May Be Deemed Inelgible. If the Province determines that the Recipient has awarded a Contract in a manner that is not in compliance with any requirement set out under this Article 6 of Schedule “A” of the Agreement, the Province may without liability, penalty or costs deem the costs associated with the Contract as being ineligible and will have no obligation to pay those costs. ARTICLE A7 CONFLICT OF INTEREST A7.1 No Conflict Of Interest. The Recipient will ensure that any Person associated with the Project in whatever capacity carries out the administration of any Funds in all its aspects without an actual, potential or perceived Conflict of Interest. A7.2 Disclosure To The Province: The Recipient will: (a) Disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential or perceived Conflict Of Interest; and (b) Comply with any terms and conditions that the Province may impose as a result of the disclosure. ARTICLE A8 REPORTS, RECORDS, INSPECTION, AUDITS AND THE PROVISION OF INFORMATION A8.1 Preparation And Submission. The Recipient will: (a) Submit to the Province at the address referred to in section C6 of Schedule “C” of this Agreement all Reports in accordance with the timelines set out in Schedule “I” of this Agreement and in the form specified by the Province; (b) Ensure that all Reports are completed to the satisfaction of the Province; and (c) Ensure that any compliance attestation that must be submitted with any Reports is completed and signed by the Recipient’s Administrative Officers/Clerk or Treasurer. A8.2 Records Maintenance. The Recipient will keep and maintain: (a) All financial records, including invoices, relating to the Funds or otherwise to the Project in a manner consistent with generally acceptable accounting principles; and (b) All non-financial documents and records relating to the Funds or otherwise to the Project in a manner consistent with all Requirements of Law, for a period of seven (7) years after the Expiration Date of this Agreement. A8.3 Inspection. The Province, its authorized representatives or an independent auditor identified by the Province may, at its own expense, upon twenty-four (24) hours’ Notice to the Recipient during normal business hours, enter the Recipient’s premises or site of the Project to review the progress of the Project and the Recipient’s allocation and expenditure of the Funds and, for these purposes, the Province, its authorized representatives or an independent auditor identified by the Province may take one or more of the following actions: (a) Inspect and copy the records and documents referred to in section A8.2 of Schedule “A” of this Agreement; (b) Remove any copies made pursuant to section A8.3(a) of Schedule “A” of this Agreement from the Recipient’s premises; and (c) Conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds, the Project or both. Page 12 of 35 263 File Number: OCIF AC3-3236 A8.4 Disclosure. To assist in respect of the rights set out under section A8.3 of Schedule “A” of this Agreement, the Recipient will disclose any information requested by the Province, its authorized representatives or an independent auditor identified by the Province and will do so in the form requested by the Province, its authorized representatives or an independent auditor identified by the Province, as the case may be. A8.5 No Control Of Records. No provision of this Agreement will be construed so as to give the Province any control whatsoever over the Recipient’s records. A8.6 Auditor General. For greater certainty, the Province’s rights under this Article of the Agreement are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the AGA. A8.7 Provision Of Information. The Recipient will provide to the Province, within the time period set out in the Notice, such information in respect of this Agreement or the Project as the Province requests. ARTICLE A9 COMMUNICATIONS A9.1 Recipient To Follow Communications Protocol. The Recipient will follow the Communications Protocol. A9.2 Publication By The Province. The Recipient agrees the Province may, in addition to any obligations the Province may have under FIPPA, publicly release information under this Agreement, including the Agreement itself, in hard copy or in electronic form, on the internet or otherwise. ARTICLE A10 ADDITIONAL PROVISIONS A10.1 Additional Provisions. The Recipient will comply with any Additional Provisions set out under Schedule “B” of this Agreement. In the event of a conflict or inconsistency between any of the requirements of the Additional Provisions and any requirements of this Schedule “A” of this Agreement, the Additional Provisions will prevail. ARTICLE A11 DISCLOSURE OF INFORMATION PROVIDED TO THE PROVINCE A11.1 FIPPA. The Recipient acknowledges that the Province is bound by the FIPPA. A11.2 Disclosure Of Information. Any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with FIPPA and any other Requirements of Law. Page 13 of 35 264 File Number: OCIF AC3-3236 ARTICLE A12 INDEMNITY, LIMITATION OF LIABILITY AND DUTY TO DEFEND A12.1 Indemnification. The Recipient hereby agrees to indemnify and hold harmless the Indemnified Parties from and against any and all direct or indirect liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with this Agreement, unless solely caused by the gross negligence or wilful misconduct of the Province. A12.2 Exclusion Of Liability. The Recipient acknowledges and agrees that in no event will the Province be liable for any general, compensatory, incidental, special or consequential damages, or any loss of use, revenue or profit by the Recipient or the Recipient’s officers, servants, employees and agents arising out of or in any way related to this Agreement. A12.3 Recipient’s Participation. The Recipient will, at its expense, to the extent requested by the Province, participate in or conduct the defence of any proceeding against any Indemnified Parties and any negotiations for their settlement. A12.4 Province’s Election. The Province may elect to participate in or conduct the defence of any proceeding by providing Notice to the Recipient of such election without prejudice to any other rights or remedies of the Province under this Agreement, at law or in equity. Each Party participating in the defence will do so by actively participating with the other’s counsel. A12.5 Settlement Authority. The Recipient will not enter into a settlement of any proceeding against any Indemnified Parties unless the Recipient has obtained the prior written approval of the Province. If the Recipient is requested by the Province to participate in or conduct the defence of any proceeding, the Province will co-operate with and assist the Recipient to the fullest extent possible in the proceeding and any related settlement negotiations. A12.6 Recipient’s Co-operation. If the Province conducts the defence of any proceedings, the Recipient will co-operate with and assist the Province to the fullest extent possible in the proceedings and any related settlement negotiations. ARTICLE A13 INSURANCE A13.1 Recipient’s Insurance. The Recipient represents and warrants that it has, and will maintain for the for a period of ninety (90) days after the Province has approved the Recipient’s Final Report attesting that the Project is complete, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than the amount set out under section C5 of Schedule “C” of this Agreement per occurrence. The policy will include the following: (a) The Indemnified Parties as additional insureds with respect to liability arising in the course or performance of the Recipient’s obligations under, or otherwise in connection with, the Project or under this Agreement; Page 14 of 35 265 File Number: OCIF AC3-3236 (b) A cross-liability clause; (c) Contractual liability coverage; (d) Products and completed operations liability coverage; (e) Employer’s liability coverage; (f) Tenant’s legal liability coverage (for premises/building leases only); and (g) Non-owned automobile coverage with blanket contractual and physical damage coverage for hired automobiles; and (h) A thirty (30) day written notice of cancellation provision. A13.2 Proof Of Insurance. The Recipient will provide the Province with certificates of insurance, or other proof as the Province may request within the time limit set out in that request, that confirms the insurance coverage as required under section A13.1 of Schedule “A” of this Agreement. For greater clarity, the Province may also request that the Recipient provide the Province with a copy of its insurance policy or insurance policies that relate to the Project. A13.3 Right Of “First Call” On Insurance Proceeds. The Recipient will provide the Indemnified Parties with a right of “first call” or priority over any other person, including the Recipient, to use or enjoy the benefits of the proceeds from the insurance policy required under section A13.1 of Schedule “A” of this Agreement to pay any suits, judgments, claims, demands, expenses, actions, causes of action and losses (including without limitation, reasonable legal expenses and any claim for a lien made pursuant to the Construction Lien Act and for any and all liability, damages to property and injury to persons (including death)) that may be brought against the Indemnified Parties as a result of this Agreement. ARTICLE A14 TERMINATION ON NOTICE A14.1 Termination On Notice. The Province may terminate this Agreement at any time without liability, penalty or costs upon giving at least thirty (30) days’ Notice to the Recipient. A14.2 Consequences Of Termination On Notice By The Province. If the Province terminates this Agreement pursuant to section A14.1 of Schedule “A” of this Agreement, the Province may take one or more of the following actions: (a) Direct that the Recipient does not incur any costs for the Project that are Eligible Costs under this Agreement without the Province’s prior written consent during the notice period set out under section A14.1 of Schedule “A” of this Agreement; (b) Cancel any further installments of the Funds; (c) Demand the repayment of any Funds, plus any Interest Earned thereon, remaining in the possession or under the control of the Recipient; and (d) Determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i) Permit the Recipient to offset such costs against any amount owing to the Recipient; and/or (ii) Subject to section A4.2(e) of Schedule “A” of this Agreement, provide Funds to the Recipient to cover such costs. Page 15 of 35 266 File Number: OCIF AC3-3236 ARTICLE A15 TERMINATION WHERE NO APPROPRIATION A15.1 Termination Where No Appropriation. If, as provided for in section A4.2(e) of Schedule “A” of this Agreement, the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to this Agreement, the Province may terminate the Agreement immediately without liability, penalty or costs by giving Notice to the Recipient. A15.2 Consequences Of Termination Where No Appropriation. If the Province terminates this Agreement pursuant to section A15.1 of Schedule “A” of this Agreement, the Province may take one or more of the following actions: (a) Cancel any further installments of the Funds; (b) Demand the repayment of any Funds, plus any Interest Earned thereon, remaining in the possession or under the control of the Recipient; and (c) Determine the reasonable costs for the Recipient to wind down the Project and permit the Recipient to offset such costs against the amount owing pursuant to section A15.2(b) of Schedule “A” of this Agreement. A15.3 No Additional Funds. For greater clarity, if the costs determined pursuant to section A15.2(c) of Schedule “A” of this Agreement exceed the Funds remaining in the possession or under the control of the Recipient, the Province will not provide additional Funds to the Recipient. ARTICLE A16 EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR DEFAULT A16.1 Events Of Default. Each of the following events will constitute an Event of Default: (a) In the opinion of the Province, the Recipient breaches any representation, warranty, covenant or other term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of this Agreement: (i) Carry out the Project, (ii) Use or spend the Funds, (iii) Provide any Reports required under this Agreement, or (iv) The Recipient fails to follow any directions that the Province provides under this Agreement; (b) The Recipient has provided false or misleading information to the Province; (c) The Recipient is unable to continue the Project or the Recipient is likely to discontinue the Project; (d) The Recipient’s operations, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements of the program under which the Province provides the Funds; (e) The Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application or an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; or (f) The Recipient ceases to operate. A16.2 Consequences Of Events Of Default And Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: Page 16 of 35 267 File Number: OCIF AC3-3236 (a) Initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) Provide the Recipient with an opportunity to remedy the Event of Default; (c) Suspend the payment of Funds for such a period as the Province determines appropriate; (d) Reduce the amount of Funds; (e) Cancel any further installments of the Funds; (f) Demand the repayment of any Funds plus any Interest Earned thereon remaining in the possession or under the control of the Recipient; (g) Demand the repayment of an amount equal to any Funds the Recipient used plus any Interest Earned thereon, but did not use in accordance with the terms and conditions of this Agreement; (h) Demand the repayment of an amount equal to any Funds the Province provided to the Recipient plus any Interest Earned thereon, even though the Project is partially completed; and (i) Terminate this Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. A16.3 Opportunity To Remedy. If, in accordance with section A16.2(b) of Schedule “A” of this Agreement, the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will provide Notice to the Recipient of: (a) The particulars of the Event of Default; and (b) The Notice Period. A16.4 Recipient Not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to section A16.2(b) of Schedule “A” of this Agreement, and; (a) The Recipient does not remedy the Event of Default within the Notice Period; (b) It becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) The Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections A16.2(a), (c), (d), (e), (f), (g), (h) and (i) of Schedule “A” of this Agreement. A16.5 When Termination Effective. Termination under this Article A16 of Schedule “A” of this Agreement will take effect as set out in the Notice. ARTICLE A17 LOBBYISTS AND AGENT FEES A17.1 Lobbyists And Agent Fees. The Recipient represents and warrants: (a) Any person hired by the Recipient to speak or correspond with any employee or other person representing the Province concerning any matter relating to any Funds under this Agreement or any benefit hereunder is registered, if required to register, pursuant to the Lobbyists Registration Act, 1998; (b) It has not and will not make a payment or other compensation to any other legal entity that is contingent upon or is calculated upon the provision of any Funds hereunder or negotiating the whole or any part of the terms or conditions of this Agreement; and (c) No money from the Province was used or will be used to lobby or otherwise secure the provision of any Funds in relation to this Agreement. Page 17 of 35 268 File Number: OCIF AC3-3236 ARTICLE A18 FUNDS UPON EXPIRY A18.1 Funds Upon Expiry. The Recipient will, upon the expiry of the Agreement, return to the Province any unspent Funds plus any Interest Earned thereon remaining in its possession or under its control. ARTICLE A19 REPAYMENT A19.1 Repayment Of Overpayment. If at any time during the Term of this Agreement the Province provides Funds in excess of the amount to which the Recipient is eligible to receive under this Agreement, the Province may: (a) Deduct an amount equal to the excess Funds plus any Interest Earned thereon from any further installments of the Funds; or (b) Demand that the Recipient pay an amount equal to the excess Funds plus any Interest Earned thereon to the Province. A19.2 Debt Due. If, pursuant to this Agreement: (a) The Province demands the payment of any Funds plus Interest Earned or an amount equal to any Funds plus Interest Earned from the Recipient; or (b) The Recipient owes any Funds plus Interest Earned or an amount equal to any Funds plus Interest Earned to the Province, whether or not their return or repayment has been demanded by the Province, such Funds plus Interest Earned or other amount will be deemed to be a debt due and owing to the Province by the Recipient and the Recipient will pay or return the amount to the Province immediately, unless the Province directs otherwise. For greater clarity, in the event that the Recipient makes an assignment, proposal, compromise or arrangement for the benefit of creditors or a creditor makes an application for an order adjudging the Recipient bankrupt or applies for the appointment of a receiver, this section A19.2 of Schedule “A” of this Agreement will not affect any Funds that the Recipient is holding in trust for the Province under section A4.4 of Schedule “A” of this Agreement. A19.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. A19.4 Payment Of Money To Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province at the address referred to in section C6 of Schedule “C” of this Agreement. A19.5 Repayment. Without limiting the application of section 43 of the FAA, if the Recipient does not repay any amount owing under this Agreement, Her Majesty the Queen in Right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in Right of Ontario. A19.6 Funds Are Part Of A Social Or Economic Program. The Recipient acknowledges and agrees that any Funds provided under this Agreement are for the administration of social or economic programs or the provision of direct or indirect support to members of the public in connection with social or economic policy. Page 18 of 35 269 File Number: OCIF AC3-3236 ARTICLE A20 NOTICE A20.1 Notice In Writing And Addressed. Notice will be in writing and will be delivered by email, postage-paid mail, personal delivery or fax and will be addressed to the Province and the Recipient respectively as set out in section C6 of Schedule “C” of this Agreement or as either Party later designates to the other by written Notice. A20.2 Notice Given. Notice will be deemed to have been given: (a) In the case of postage-paid mail, five (5) Business Days after the Notice is mailed; or (b) In the case of email, personal delivery or fax, one (1) Business Day after the Notice is delivered. A20.3 Postal Disruption. Despite section A20.2(a) of Schedule “A” of this Agreement, in the event of a postal disruption, (a) Notice by postage-paid mail will not be deemed to be received; and (b) The Party giving Notice will provide Notice by email, personal delivery or fax. ARTICLE A21 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A21.1 Consent. When the Province provides its consent pursuant to this Agreement, that consent will not be considered valid unless that consent is in writing and the person providing the consent indicates in the consent that that person has the specific authority to provide that consent. The Province may also impose any terms and conditions on the consent and the Recipient will comply with such terms and conditions. ARTICLE A22 SEVERABILITY OF PROVISIONS A22.1 Invalidity Or Unenforceability Of Any Provision. The invalidity or unenforceability of any provision in this Agreement will not affect the validity or enforceability of any other provision of this Agreement. Any invalid or unenforceable provision will be deemed to be severed. ARTICLE A23 WAIVER A23.1 Waivers In Writing. If a Party fails to comply with any term or condition of this Agreement that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the Notice provisions in Article A20 of Schedule “A” of this Agreement. Any waiver must refer to a specific failure to comply and will not have the effect of waiving any subsequent failures to comply. For greater clarity, where the Province chooses to waive a term or condition of this Agreement, such waiver will only be binding if provided by a person who indicates in writing that he or she has the specific authority to provide the waiver. Page 19 of 35 270 File Number: OCIF AC3-3236 ARTICLE A24 INDEPENDENT PARTIES A24.1 Parties Independent. The Recipient acknowledges and agrees that it is not an agent, joint venturer, partner or employee of the Province and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is or take any actions that could establish or imply such a relationship. ARTICLE A25 ASSIGNMENT OF AGREEMENT OR FUNDS A25.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under this Agreement. A25.2 Agreement Binding. All rights and obligations contained in this Agreement will extend to and be binding on the Parties’ respective heirs, executors, administrators, successors and permitted assigns. ARTICLE A26 GOVERNING LAW A26.1 Governing Law. This Agreement and the rights, obligations and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with this Agreement will be conducted in the Courts of Ontario, which will have exclusive jurisdiction over such proceedings. ARTICLE A27 FURTHER ASSURANCES A27.1 Agreement Into Effect. The Recipient will provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains and will otherwise do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of this Agreement to their full extent. ARTICLE A28 JOINT AND SEVERAL LIABILITY A28.1 Joint And Several Liability. Where the Recipient is comprised of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under this Agreement. Page 20 of 35 271 File Number: OCIF AC3-3236 ARTICLE A29 RIGHTS AND REMEDIES CUMULATIVE A29.1 Rights And Remedies Cumulative. The rights and remedies of the Province under this Agreement are cumulative and are in addition to, and not in substitution of, any of its rights and remedies provided by law or in equity. ARTICLE A30 JOINT AUTHORSHIP A30.1 Joint Authorship Of Agreement. The Parties will be considered joint authors of this Agreement and no provision herein will be interpreted against one Party by the other Party because of authorship. No Party will seek to avoid a provision herein because of its authorship through recourse to a third party, court, tribunal or arbitrator. ARTICLE A31 FAILURE TO COMPLY WITH OTHER AGREEMENT A31.1 Other Agreements. If the Recipient: (a) Has committed a Failure; (b) Has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) Has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) Such Failure is continuing, the Province may suspend the payment of Funds under this Agreement without liability, penalty or costs for such period as the Province determines appropriate. ARTICLE A32 SURVIVAL A32.1 Survival. The provisions of this Agreement that by their nature survive the expiration or early termination of this Agreement will so survive for a period of seven (7) years from the Expiry Date expiry or date of termination. Without limiting the generality of the foregoing, the following Articles and sections, and all applicable cross-referenced sections and schedules will continue in full force and effect for a period of seven (7) years from the Expiry Date or the date of termination: Article A1 and any other applicable definitions, section A4.2(e), A4.7, section A5.2, Article A7, section A8.1 (to the extent that the Recipient has not provided the Reports to the satisfaction of the Province), sections A8.2, A8.3, A8.4, A8.5, A8.6, Article A12, section A14.2, sections A15.2 and A15.3, sections A16.1, A16.2(d), (e), (f), (g) and (h), Article A18, Article A19, Article A20, Article A22, section A25.2, Article A26, Article A28, Article A29, Article A30, Article A31 and Article A32. A32.2 Survival After Creation. Despite section A32.1 of this Agreement, section A8.2 of this Agreement, including all cross-referenced provisions and Schedules, will continue in full force and effect for a period of seven (7) years from the date in which that document or record referred to in section A8.2 of this Agreement was created. [REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “B” FOLLOWS] Page 21 of 35 272 File Number: OCIF AC3-3236 SCHEDULE “B” ADDITIONAL TERMS AND CONDITIONS B1.1 The Province May Impose Additional Conditions On The Recipient. The Province may impose, at any time, such additional terms or conditions on the Recipient in terms of the Recipient’s operations, behaviour or responsibilities that relate to the use of any Funds which the Province considers, acting reasonably, appropriate for the proper expenditure and management of the Funds. For greater certainty, any additional terms or conditions the Province may impose shall be supplements to the existing terms and conditions of this Agreement as opposed to amendments to the terms and conditions of this Agreement. B1.2 Behaviour Of Recipient. The Recipient will carry out any Project to which Funds are directed in an economical and business-like manner, in accordance with the terms and conditions of this Agreement, subject to any additional conditions the Province may impose under section B1.1 of Schedule “B” of this Agreement or any reasonable amendments the Province may agree to or require from time to time in writing. B1.3 New Information. In the event of new information, errors, omissions or other circumstances affecting the determination of the amount of any Funds being provided under this Agreement, the Province may, in its sole and absolute discretion, adjust the Funds being provided under this Agreement. [REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “C” FOLLOWS] Page 22 of 35 273 File Number: OCIF AC3-3236 SCHEDULE “C” OPERATIONAL REQUIREMENTS UNDER THE AGREEMENT C1 Effective Date. The Effective Date of this Agreement is the date in which the Province signs the Agreement. C2 Expiration Date. Unless this Agreement is terminated earlier, this Agreement shall expire on March 31, 2020. C3 Project Completion Date. The Project will be completed no later than December 31, 2018. For clarity this means Substantial Completion must have occurred. C4 Submission Of Reports. All Reports under this Agreement will be submitted to the Province using the address supplied under section C6 of Schedule “C”or any other person identified by the Province in writing. C5 Insurance Amount. The amount of insurance the Recipient will have for the purposes of section A13.1 of Schedule “A” of this Agreement no less than two million dollars ($2,000,000.00). C6 Providing Notice. All Notices under this Agreement will be provided to: TO THE PROVINCE TO THE RECIPIENT Ministry of Agriculture, Food and Rural Affairs Rural Programs Branch 1 Stone Road West, 4NW Guelph, Ontario N1G 4Y2 Attention: Manager, Infrastructure Renewal Programs Fax: 519-826-3398 Email: OCIFApps@ontario.ca The Corporation of the Town of Tillsonburg 200 Broadway, 2nd Floor Tillsonburg,ON N4G 5A7 Attention:Kevin De Leebeeck, Director of Operations Fax: (519) 842-9431 Email: kdeleebeeck@tillsonburg.ca or any other person identified by the Parties in writing. [REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “D” FOLLOWS] Page 23 of 35 274 File Number: OCIF AC3-3236 SCHEDULE “D” PROJECT DESCRIPTION The project is for the reconstruction of Concession Street East, and includes the complete reconstruction of the pavement structure including new barrier curb and gutter with parking stalls, sidewalks, and storm drainage improvements. Output: Asset has been renewed and meets any relevant conditions and regulatory approvals. Outcomes: Increased traffic safety and flow; Improved road drainage. [REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “E” FOLLOWS] Page 24 of 35 275 File Number: OCIF AC3-3236 SCHEDULE “E” ELIGIBLE AND INELIGIBLE COSTS E1 Eligible Costs. Subject to the terms and conditions of this Agreement and section E2 of this Schedule “E” of the Agreement, Eligible Costs shall only include all direct and incremental costs that are attributable to the development and implementation of the Project and are in the Province’s sole and absolute discretion, properly and reasonably incurred as well as necessary for the Project. Eligible Costs must also be actual, verifiable cash outlays to third party vendors that are documented through invoices, receipts or other records that are acceptable to the Province. Without limiting the generality of the foregoing, Eligible Costs will only include the following: (a) The capital costs of constructing, rehabilitating, replacing or improving, in whole or in part, the tangible core infrastructure asset noted in the Project Description in Schedule “D” of the Agreement; (b) All planning and assessment costs, such as the costs of environmental planning, surveying, engineering, architectural supervision, testing and management consulting services; (c) The costs for permits, approvals, licences and other authorizing documents, as well as inspections and other fees directly attributable to obtaining a permit, approval, license or other authorizing document, provided those costs are directly attributable to the construction and implementation of Project, (d) The costs for consulting with an Aboriginal Group, including the Recipient’s legal fees, provided they are reasonable, on matters pertaining to the Project, including the translation of documents into languages spoken by the affected Aboriginal Group, but does not include any capacity-building funding unless specifically approved by Ontario in writing prior to being incurred; (e) The costs of Project-related signage, lighting, Project markings and utility adjustments; (f) The costs of joint communication activities, such as press releases, press conferences, translation and road signage recognition, as described in Schedule “G” of this Agreement; and (g) Other costs that are, in Ontario’s sole and absolute discretion, direct, incremental and necessary for the successful implementation of the Project, provided those costs have been approved by Ontario in writing prior to being incurred. E2 Ineligible Costs. The following costs are Ineligible Costs and are therefore ineligible to be paid from the Funds being provided under this Agreement: (a) Costs incurred not in accordance with section A6.1 of Schedule “A” of this Agreement; (b) Costs incurred prior to July 4, 2016 or after the Project Completion Date; (c) Costs associated with the acquisition or leasing of: (i) Land, (ii) Buildings, (iii) Equipment, (iv) Other facilities,and (v) Obtaining easements, including the costs or expenses for surveys, and includes real estate fees and other related costs; Page 25 of 35 276 File Number: OCIF AC3-3236 (d) Costs associated with moveable/transitory assets (e.g. portable generators, etc.) or rolling stock (e.g. trucks, graders, etc.) (e) Costs related to recreational trails. (f) Legal fees, other than those associated with consultation with Aboriginal Groups (provided such legal fees are reasonable; (g) Taxes, regardless of any rebate eligibility; (h) The value of any goods and services which are received through donations or in kind; (i) Employee wages and benefits, overhead costs as well as other direct or indirect operating, maintenance and administrative costs incurred by the Recipient for the Project, and more specifically, but without limiting the generality of the foregoing, costs relating to services delivered directly by permanent employees of the Recipient; (j) Unreasonable meal, hospitality or incidental costs or expenses of Consultants; (k) Costs associated with completing applications for the Ontario Community Infrastructure Fund; (l) Costs of accommodation for any Aboriginal Group; and (m) Costs incurred contrary to section A17.1 of Schedule “A” of this Agreement. E3 Costs Of Non-Arm’s Length Parties. The costs or expenses of goods or services acquired from parties that are not Arm’s Length from the Recipient must be valued at the cost of the supplying entity and shall not include any mark up for profit, return on investment or overhead costs and shall not exceed fair market value. The Province may not consider the eligibility of any of these costs unless access is provided to the relevant records of the supplying entity. [REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “F” FOLLOWS] Page 26 of 35 277 File Number: OCIF AC3-3236 SCHEDULE “F” FINANCIAL INFORMATION F1 Maximum Funds. Subject to the terms and conditions of this Agreement, Ontario will provide the Recipient with an amount up to Eight Hundred Thousand Nine Hundred and Seventeen Dollars ($800,917) in Funds for Eligible Costs for the Project. Project’s Estimated Total Net Eligible Costs: $889,908 (Original budget from application) Percentage of Provincial Support The Percentage of Provincial Support is fixed at Ninety (90%) for the Term of the Agreement. The percentage noted above is rounded to a whole number. Note that for payment purposes the percentage is calculated to 10 decimal places and is based on the Maximum Funds against the Project’s Estimated Total Net Eligible Costs as provided above. “Total Net Eligible Costs” means all direct costs that are, in Ontario’s sole and absolute discretion, properly and reasonably incurred as per Schedule “E” of this Agreement by the Recipient under a contract for goods or services necessary for the implementation of the Project, less any HST rebate or any other rebates the Recipient has received, will receive or is eligible to receive from any government source. F2 Holdback. The Province may withhold up to ten (10) percent from each payment of Funds the Province makes to the Recipient under this Agreement as a Holdback. F3 Provision Of Funds. The Province will provide the Funds to the Recipient, subject to the terms and conditions of the Agreement, in accordance with the following: MILESTONE PAYMENT SCHEDULE Project Milestone Payment Recipient Expected Date Milestone 1: Agreement Execution March 15, 2017 Milestone 2: Submission and Acceptance of Revised Budget Report (Submitted after 70% of the Project costs are awarded) March 30, 2018 Milestone 3: Submission and Acceptance of Final Report December 13, 2018 Page 27 of 35 278 File Number: OCIF AC3-3236 MILESTONE PAYMENT AMOUNT REQUIRED DOCUMENTATION Subject to the terms and conditions of the Agreement: - - Milestone 1: Execution of the Agreement by both Parties. An amount up to fifty-five percent (55%) of the Maximum Funds An executed Agreement and a Council by-law / Board resolution authorizing the Recipient’s entry into the Agreement. Milestone 2: Upon receipt and acceptance by Ontario of required reports. If there is a variance between the date noted in Recipient Expected Date for Milestone 2 (noted above) and the actual date Milestone 2 will be submitted by the Recipient, notification must be provided as soon as possible to Ontario. Provided it is not a negative figure, an amount up to seventy-five percent (75%) of either (i) The Maximum Funds, less the amount paid at Milestone 1; or (i) An amount calculated by multiplying the percentage of Maximum Funds against the Recipient’s Revised Total Net Eligible Costs, less the amount paid at Milestone 1. Construction Contract Award Report as described in Schedule “I” of this Agreement Revised Budget Report Progress Report Page 28 of 35 279 File Number: OCIF AC3-3236 Milestone 3: Upon receipt and acceptance by Ontario of the Final Report. The Final Report shall be submitted within sixty (60) Business Days of the completion of the Project and no later than February 15, 2019 whichever is earliest. If there is a variance between the date noted in Recipient Expected Date for Milestone 3 (noted above) and the actual date Milestone 3 will be submitted by the Recipient, notification must be provided as soon as possible to Ontario. Using the same method of calculation as in Milestone 2, (i) The balance of the Funds, if any, to the limit of the Maximum Funds or (ii) The balance, if any, of the Funds calculated by multiplying the Percentage of Provincial Support against the Recipient’s Total Net Eligible Costs as certified in the Final Report, whichever aggregate amount is smaller. Final Report [REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “G” FOLLOWS] Page 29 of 35 280 File Number: OCIF AC3-3236 SCHEDULE “G” ABORIGINAL CONSULTATION REQUIREMENTS G1.1 Purpose. This Schedule sets out the responsibilities of the Province and the Recipient in relation to consultation with Aboriginal Groups on the Project, and to delegate procedural aspects of consultation from the Province to the Recipient. G1.2 Definitions. For the purposes of this Schedule: “Section 35 Duty” means any duty the Province may have to consult and, if required, accommodate Aboriginal Groups in relation to the Project flowing from section 35 of the Constitution Act, 1982. G2.1 The Province’s Responsibilities. The Province is responsible for: (a) Determining the Aboriginal Groups to be consulted in relation to the Project, if any, and advising the Recipient of same; (b) The preliminary and ongoing assessment of the depth of consultation required with the Aboriginal Groups; (c) Delegating, at its discretion, procedural aspects of consultation to the Recipient pursuant to this Schedule; (d) Directing the Recipient to take such actions, including without limitation suspension as well as termination of the Project, as the Province may require; (e) Satisfying itself, where it is necessary to do so, that the consultation process in relation to the Project has been adequate and the Recipient is in compliance with this Schedule; and (f) Satisfying itself, where any Aboriginal or treaty rights and asserted rights of Aboriginal Groups require accommodation, that Aboriginal Groups are appropriately accommodated in relation to the Project. G3.1 Recipient’s Responsibilities. The Recipient is responsible for: (a) Giving notice to the Aboriginal Groups regarding the Project as directed by the Province, if such notice has not already been given by the Recipient or the Province; (b) Immediately notifying the Province of contact by any Aboriginal Groups regarding the Project and advising of the details of the same; (c) Informing the Aboriginal Groups about the Project and providing to the Aboriginal Groups a full description of the Project unless such description has been previously provided to them; (d) Following up with the Aboriginal Groups in an appropriate manner to ensure that Aboriginal Groups are aware of the opportunity to express comments and concerns about the Project, including any concerns regarding adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to the Aboriginal Groups, and immediately advising the Province of the details of the same; (e) Informing the Aboriginal Groups of the regulatory and approval processes that apply to the Project of which the Recipient is aware after reasonable inquiry; (f) Maintaining the Aboriginal Groups on the Recipient’s mailing lists of interested parties for environmental assessment and other purposes and providing to the Aboriginal Groups all notices and communications that the Recipient provides to interested parties and any notice of completion; (g) Making all reasonable efforts to build a positive relationship with the Aboriginal Groups in relation to the Project; Page 30 of 35 281 File Number: OCIF AC3-3236 (h) Providing the Aboriginal Groups with reasonable opportunities to meet with appropriate representatives of the Recipient and meeting with the Aboriginal Groups to discuss the Project, if requested; (i) If appropriate, providing reasonable financial assistance to Aboriginal Groups to permit effective participation in consultation processes for the Project, but only after consulting with the Province; (j) Considering comments provided by the Aboriginal Groups regarding the potential impacts of the Project on Aboriginal or treaty rights or asserted rights, including adverse impacts on hunting, trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to an Aboriginal Group, or on other interests, or any other concerns or issues regarding the Project; (k) Answering any reasonable questions to the extent of the Recipient’s ability and receiving comments from the Aboriginal Groups, notifying the Province of the nature of the questions or comments received and maintaining a chart showing the issues raised by the Aboriginal Groups and any responses the Recipient has provided; (l) Where an Aboriginal Group asks questions regarding the Project directly of the Province, providing the Province with the information reasonably necessary to answer the inquiry, upon the Province’s request; (m) Subject to section G3.1(o) of this Schedule “G” of the Agreement, where appropriate, discussing with the Aboriginal Groups potential accommodation, including mitigation of potential impacts on Aboriginal or treaty rights, asserted rights or associated interests regarding the Project and reporting to the Province any comments or questions from the Aboriginal Groups that relate to potential accommodation or mitigation of potential impacts; (n) Consulting regularly with the Province during all discussions with Aboriginal Groups regarding accommodation measures, if applicable, and presenting to the Province the results of such discussions prior to implementing any applicable accommodation measures; (o) Complying with the Province’s direction to take any actions, including without limitation, suspension or termination of the Project, as the Province may require; and (p) Providing in any contracts with Third Parties for the Recipient’s right and ability to respond to direction from the Province as the Province may provide. G3.2 Acknowledgement By Recipient. The Recipient hereby acknowledges that, notwithstanding section A5.2 of the Agreement, the Province, any provincial ministry having an approval role in relation to the Project, or any responsible regulatory body, official, or provincial decision-maker, may participate in the matters and processes enumerated therein as they deem necessary. G3.3 Recipient Shall Keep Records And Share Information. The Recipient shall carry out the following functions in relation to record keeping, information sharing and reporting to the Province: (a) Provide to the Province, upon request, complete and accurate copies of all documents provided to the Aboriginal Groups in relation to the Project; (b) Keep reasonable business records of all its activities in relation to consultation and provide the Province with complete and accurate copies of such records upon request; (c) Provide the Province with timely notice of any Recipient mailings to, or Recipient meetings with, the representatives of any Aboriginal Group in relation to the Project; (d) Immediately notify the Province of any contact by any Aboriginal Groups regarding the Project and provide copies to the Province of any documentation received from Aboriginal Groups; Page 31 of 35 282 File Number: OCIF AC3-3236 (e) Advise the Province immediately of any potential adverse impact of the Project on Aboriginal or treaty rights or asserted rights of which it becomes aware; (f) Immediately notify the Province if any Aboriginal archaeological resources are discovered in the course of the Project; (g) Provide the Province with summary reports or briefings on all of its activities in relation to consultation with Aboriginal Groups, as may be requested by the Province; and (h) If applicable, advise the Province if the Recipient and an Aboriginal Group propose to enter into an agreement directed at mitigating or compensating for any impacts of the Project on Aboriginal or treaty rights or asserted rights. G3.4 Recipient Shall Assist The Province. The Recipient shall, upon request lend assistance to the Province by filing records and other appropriate evidence of the activities undertaken both by the Province and by the Recipient in consulting with Aboriginal Groups in relation to the Project, attending any regulatory or other hearings, and making both written and oral submissions, as appropriate, regarding the fulfillment of Aboriginal consultation responsibilities by the Province and by the Recipient, to the relevant regulatory or judicial decision-makers. G4.1 No Acknowledgment Of Duty To Consult Obligations. Nothing in this Schedule shall be construed as an admission, acknowledgment, agreement or concession by the Province or the Recipient, that a Section 35 Duty applies in relation to the Project, nor that any responsibility set out herein is, under the Constitution of Canada, necessarily a mandatory aspect or requirement of any Section 35 Duty, nor that a particular aspect of consultation referred to in section G3.1of this Schedule “G” of the Agreement is an aspect of the Section 35 Duty that could not have lawfully been delegated to the Recipient had the Parties so agreed. G5.1 No Substitution. This Schedule shall be construed consistently with but does not substitute for any requirements or procedures in relation to Aboriginal consultation or the Section 35 Duty that may be imposed by a ministry, board, agency or other regulatory decision-maker acting pursuant to laws and regulations. Such decision-makers may have additional obligations or requirements. Nonetheless, the intent of the Province is to promote coordination among provincial ministries, boards and agencies with roles in consulting with Aboriginal Groups so that the responsibilities outlined in this Agreement may be fulfilled efficiently and in a manner that avoids, to the extent possible, duplication of effort by Aboriginal Groups, the Recipient, the Province, and provincial ministries, boards, agencies and other regulatory decision-makers. G6.1 Notices In Relation To Schedule. All notices to the Province pertaining to this Schedule shall be in writing and shall be given sent to the person identified under section C6 of Schedule “C” of this Agreement. [REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “H” FOLLOWS] Page 32 of 35 283 File Number: OCIF AC3-3236 SCHEDULE “H” COMMUNICATIONS PROTOCOL H1 Application Of Protocol. This Protocol applies to all communications activities related to any funding the Recipient receives under this Agreement. Communications activities may include, but are not limited to: (a) Project signage (b) Media events and announcements, including news conferences, public announcements, official events or ceremonies, news releases (c) Printed materials (d) Websites (e) Photo compilations (f) Award programs (g) Awareness campaigns H2 Project Signage. The Province may require that a sign be installed at the site of the Project. If the Recipient installs a sign at the site of a Project, the Recipient will, at the Province’s request, provide acknowledgement of the provincial contribution to the Project. Sign design, content and installation guidelines will be provided by the Province. Where the Recipient decides to install a permanent plaque or other suitable marker with respect to a Project, it must recognize the provincial contribution to the Project and be approved by the Province prior to installation. The Recipient is responsible for the production and installation of Project signage, unless otherwise agreed upon in writing prior to the installation of the signage. H3 Media Events. The Province or the Recipient may request a media event, announcement or recognition of key milestones related to Project. In requesting a media event or an announcement, the Party requesting the event will provide at least twenty-one (21) Business Days’ notice to the other Party of its intention to undertake such an event. The event will take place at a date and location that is mutually agreed to by the Parties. The Parties will have the opportunity to participate in such events through a designed representative. Each participant will choose its designated representative. All joint communications material related to media events and announcements must be approved by the Province and recognize the funding provided by the Province. Media events and announcements include but are not limited to: (a) News conferences (b) Public announcements (c) Official events or ceremonies (d) News releases H4 Awareness Of Project. The Recipient may include messaging in its own communications products and activities with regards to the Project. When undertaking such activities, the Recipient will provide the opportunity for the Province to participate and will recognize the funding provided by the Province. Page 33 of 35 284 File Number: OCIF AC3-3236 H5 Issues Management. The Recipient will share information immediately with the Province should significant emerging media, Project or stakeholder issues relating to a Project arise. The Province will advise the Recipient, when appropriate, about media inquiries concerning the Project. H6 Communicating Success Stories. The Recipient agrees to communicate with the Province for the purposes of collaborating on communications activities and products including but not limited to success stories and features relating to the Project. The Recipient acknowledges and agrees that the Province may publicize information about the Project. The Province agrees it will use reasonable efforts to consult with the Recipient about the Province’s publication about the Project prior to making it. H7 Disclaimer. If the Recipient publishes any material of any kind relating to the Project or the Ontario Community Infrastructure Fund, the Recipient will indicate in the material that the views expressed in the material are the views of the Recipient and do not necessarily reflect the Province’s views. [REST OF PAGE INTENTIONALLY LEFT BLANK – SCHEDULE “I” FOLLOWS] Page 34 of 35 285 File Number: OCIF AC3-3236 SCHEDULE “I” REPORTS I1 Reports. The Recipient will submit the following Reports in accordance with the reasonable directions provided by the Province by the date indicated in the chart immediately below and with such content as is satisfactory to the Province. The Province will provide the contents of the Report at a later date. Name of Report and Details Required Due Date 1. Construction Contract Award Report - a Report from council including a resolution or other municipal document recognizing the awarding of the Project tender(s) Within fifteen (15) Business Days of a council resolution and no later than June 29, 2018. 2. Revised Budget Report must be based on tenders awarded to complete the Project. The Recipient shall use the form provided by the Province. Within fifteen (15) Business Days of a council resolution awarding the tender(s) and no later than June 29, 2018. 3. Progress Report - The Recipient shall use the form provided by the Province. Twice a year by May 15 and October 15 for the Term of the Agreement or until sixty (60) Business Days after the Project Completion Date. A Progress Report is also required as part of the submission for Milestone Two (2). 4. Final Report - including statement of final incurred eligible expenses validated by invoices and/or payment certificates. The Recipient shall use the form provided by the Province. Within sixty (60) Business Days of the Project Completion or no later than February 15, 2019 whichever is earliest. 5. Other Reports or information as may be directed by Ontario from time to time, if any On or before a date directed by Ontario. Page 35 of 35 286 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4089 A By-Law to amend Zoning By-Law Number 3295, as amended. WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby amended by changing to ‘R1A-18 (H)’, ‘R1A-19(H)’, ‘R1A-20(H)’, ‘R2-13(H)’, R2-14(H)’, R2- 15(H)’ & R3-13(H)’ the zone symbol of the lands so designated ‘R1A-18 (H)’, ‘R1A-19(H)’, ‘R1A-20(H)’, ‘R2-13(H)’, R2-14(H)’, R2-15(H)’ & R3-13(H)’ on Schedule “A” attached hereto. 2. That Section 6.5 to By-Law Number 3295, as amended, is hereby further amended by adding the following at the end thereof: “6.5.18 LOCATION: WEST SIDE OF WILSON AVENUE, EAST OF QUARTER TOWN LINE – ANDREWS CROSSING (PARTS 1-4 OF 41R-9418, PART OF BLOCK A, PLAN 1082, PART LOT 7 CONCESSION 12 (DEREHAM) R1A-18 (KEY MAP 22) 6.5.18.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R1A-18 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: all uses permitted in Table 6.1. 6.5.18.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R1A-18 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 6.5.18.2.1 LOT COVERAGE Maximum 40 % 6.5.18.3 That all of the provisions of the R1A Zone in Section 6.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 3. That Section 6.5 to By-Law Number 3295, as amended, is hereby further amended by adding the following at the end thereof: “6.5.19 LOCATION: WEST SIDE OF LOWRIE CRESCENT, NORTH OF DEREHAM DRIVE– ANDREWS CROSSING (PARTS 1-4 OF 41R-9418, PART OF BLOCK A, PLAN 1082, PART LOT 7 CONCESSION 12 (DEREHAM) R1A-19 (KEY MAP 22) 287 The Corporation of the Town of Tillsonburg By-law Number 4089 Page 2 6.5.19.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R1A-19 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: all uses permitted in Table 6.1. 6.5.19.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R1A-19 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 6.5.19.2.1 LOT COVERAGE Maximum 40 % 6.5.19.2.2 REAR YARD DEPTH Minimum 7.0 m (22.97 ft) 6.5.19.2.2 PERMITTED PROJECTIONS & ENCROACHMENTS FOR COVERED DECKS, PATIOS & PORCHES Notwithstanding Table 5.37.1- Permitted Projections into Required Yards, covered decks, patios and porches within any R1A-19 Zone may project 4.0 m (13.12 ft) into any required rear yard. In no circumstance shall the minimum setback between the projection and rear lot line be less than 3.0 m (9.8 ft). 6.5.19.3 That all of the provisions of the R1A Zone in Section 6.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 4. That Section 6.5 to By-Law Number 3295, as amended, is hereby further amended by adding the following at the end thereof: “6.5.20 LOCATION: SOUTH AND NORTH SIDE OF WILSON AVENUE, SOUTH OF CONCESSION STREET, ANDREWS CROSSING (PARTS 1-4 OF 41R-9418, PART OF BLOCK A, PLAN 1082, PART LOT 7 CONCESSION 12 (DEREHAM) R1A-20 (KEY MAP 22) 6.5.20.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R1A-20 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: all uses permitted in Table 6.1. 6.5.20.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R1A-20 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 6.5.20.2.1 EXTERIOR SIDE YARD WIDTH 288 The Corporation of the Town of Tillsonburg By-law Number 4089 Page 3 Minimum 4.5 m (14.76 ft) 6.5.20.3 That all of the provisions of the R1A Zone in Section 6.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 5. That Section 7.5 to By-Law Number 3295, as amended, is hereby further amended by adding the following at the end thereof: “7.5.13 LOCATION: DEREHAM DRIVE, WEST OF DENRICH AVENUE– ANDREWS CROSSING (PARTS 1-4 OF 41R-9418, PART OF BLOCK A, PLAN 1082, PART LOT 7 CONCESSION 12 (DEREHAM) R2-13 (KEY MAP 22) 7.5.13.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-13 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: all uses permitted in Table 7.1. 7.5.13.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-13 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 7.5.13.2.1 LOT COVERAGE Maximum 45 % 7.5.13.2.2 FRONT YARD DEPTH Minimum 5.0 m (16.4 ft) 7.5.13.2.3 REAR YARD DEPTH Minimum 6.0 m (19.69 ft) 7.5.13.2.4 EXTERIOR SIDE YARD WIDTH Minimum 4.5 m (14.76 ft) 7.5.13.2.5 PERMITTED PROJECTIONS & ENCROACHMENTS FOR COVERED DECKS, PATIOS & PORCHES Notwithstanding Table 5.37.1- Permitted Projections into Required Yards, covered decks, patios and porches within any R2-13 Zone may project 3.0 m (9.8 ft) into any required rear yard. In no circumstance shall the minimum setback between the projection and rear lot line be less than 3.0 m (9.8 ft). 7.5.13.3 That all of the provisions of the R2 Zone in Section 7.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 289 The Corporation of the Town of Tillsonburg By-law Number 4089 Page 4 6. That Section 7.5 to By-Law Number 3295, as amended, is hereby further amended by adding the following at the end thereof: “7.5.14 LOCATION: DEREHAM DRIVE, EAST OF QUARTER TOWN LINE & DENRICH AVENUE– ANDREWS CROSSING (PARTS 1-4 OF 41R-9418, PART OF BLOCK A, PLAN 1082, PART LOT 7 CONCESSION 12 (DEREHAM) R2-14 (KEY MAP 22) 7.5.14.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-14 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: all uses permitted in Table 7.1. 7.5.14.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-14 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 7.5.14.2.1 REAR YARD DEPTH Minimum 6.0 m (19.69 ft) 7.5.14.2.2 EXTERIOR SIDE YARD WIDTH Minimum 4.5 m (14.76 ft) 7.5.14.2.3 PERMITTED PROJECTIONS & ENCROACHMENTS FOR COVERED DECKS, PATIOS & PORCHES Notwithstanding Table 5.37.1- Permitted Projections into Required Yards, covered decks, patios and porches within any R2-14 Zone may project 3.0 m (9.8 ft) into any required rear yard. In no circumstance shall the minimum setback between the projection and rear lot line be less than 3.0 m (9.8 ft). 7.5.14.3 That all of the provisions of the R2 Zone in Section 7.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 7. That Section 7.5 to By-Law Number 3295, as amended, is hereby further amended by adding the following at the end thereof: “7.5.15 LOCATION: ANDREWS CROSSING (PARTS 1-4 OF 41R-9418, PART OF BLOCK A, PLAN 1082, PART LOT 7 CONCESSION 12 (DEREHAM) R2-15 (KEY MAP 22) 7.5.15.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-15 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: all uses permitted in Table 7.1. 7.5.15.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-15 Zone use any lot, or erect, alter, or use any 290 The Corporation of the Town of Tillsonburg By-law Number 4089 Page 5 building or structure for any purpose except in accordance with the following provisions: 7.5.15.2.1 LOT COVERAGE Maximum 45 % 7.5.15.2.2 REAR YARD DEPTH Minimum 6.0 m (19.69 ft) 7.5.15.2.3 EXTERIOR SIDE YARD WIDTH Minimum 4.5 m (14.76 ft) 7.5.15.2.4 PERMITTED PROJECTIONS & ENCROACHMENTS FOR COVERED DECKS, PATIOS & PORCHES Notwithstanding Table 5.37.1- Permitted Projections into Required Yards, covered decks, patios and porches within any R2-15 Zone may project 3.0 m (9.8 ft) into any required rear yard. In no circumstance shall the minimum setback between the projection and rear lot line be less than 3.0 m (9.8 ft). 7.5.15.3 That all of the provisions of the R2 Zone in Section 7.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 8. That Section 8.6 to By-Law Number 3295, as amended, is hereby further amended by adding the following at the end thereof: “8.6.13 LOCATION: EAST SIDE OF DENRICH AVENUE, NORTH OF DEREHAM DRIVE– ANDREWS CROSSING (PARTS 1-4 OF 41R-9418, PART OF BLOCK A, PLAN 1082, PART LOT 7 CONCESSION 12 (DEREHAM) R3-13 (KEY MAP 22) 8.6.13.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-13 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: all uses permitted in Table 8.1. 8.6.13.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-13 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 8.6.13.2.1 LOT COVERAGE Maximum 50 % 8.6.13.2.2 REAR YARD DEPTH Minimum 6.0 m (19.69 ft) 291 The Corporation of the Town of Tillsonburg By-law Number 4089 Page 6 8.6.13.2.3 PERMITTED PROJECTIONS & ENCROACHMENTS FOR COVERED DECKS, PATIOS & PORCHES Notwithstanding Table 5.37.1- Permitted Projections into Required Yards, covered decks, patios and porches within any R3-13 Zone may project 3.0 m (9.8 ft) into any required rear yard. In no circumstance shall the minimum setback between the projection and rear lot line be less than 3.0 m (9.8 ft). 8.6.13.3 That all of the provisions of the R3 Zone in Section 8.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 9. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. READ a first and second time this 13th day of March, 2017. READ a third time and finally passed this 13th day of March, 2017. Mayor Stephen Molnar Town Clerk - Donna Wilson 292 DENRICHAVER2-14(H)R3-13(H)R2-15(H) R2-15(H) R2-13(H) R2-15(H)R1A-19(H)R2-14(H)R1A-18(H)R1A-20(H) R1A-20(H) DEREHAM DR JANE ST QUARTER TOWN LINES A N D ER SCR ESLOWRI E C R E S C O N C E S S I O N 1 2L O T 7 L O T 8 SCHEDULE "A" PT OF BLOCK A, PLAN 1082, AND PT OF LOT 7, CONCESSION 12 (DEREHAM), PARTS 2 AND 3 AND PT OF PARTS 1 AND 4,REFERENCE PLAN 41R9418 TOWN OF TILLSONBURG AREA OF ZONE CHANGETO R1A-18(H) NOTE: ALL DIMENSIONS IN METRES THIS BY-LAW IS INTENDED TO ENCOMPASS ALL OF THE REMAINING DEVELOPABLE LANDS OF PHASES 1 AND 2 OF THE DRAFT PLAN OF SUBDIVISION 32T-06005, NORTH OF REGISTERED PLAN 41M-241 THIS IS SCHEDULE "A" MAYOR CLERK TO BY-LAW No. ________________, PASSED THE __________ DAY OF ____________, 2017 TO BY-LAW No.© 30 0 30 60 9015 METRES AREA OF ZONE CHANGETO R1A-19(H)AREA OF ZONE CHANGETO R1A-20(H)AREA OF ZONE CHANGETO R2-13(H)AREA OF ZONE CHANGETO R2-14(H)AREA OF ZONE CHANGETO R2-15(H)AREA OF ZONE CHANGETO R3-13(H) R1A-20(H) R1A-18(H) R1A-19(H) R2-15(H) R3-13(H) R2-13(H) R2-14(H) 4089 4089 13th February 293 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4090 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 13th day of March, 2017. WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on March 13, 2017, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and the Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 13th DAY of March, 2017. READ A THIRD AND FINAL TIME AND PASSED THIS 13th DAY of March, 2017. ________________________________ MAYOR – Stephen Molnar ________________________________ TOWN CLERK – Donna Wilson 294