4101 Schedule A - Community Transportation Pilot Grant Program Amending Agreement No. 1COMMUNITY TRANSPORTATION PILOT GRANT PROGRAM
TRANSFER PAYMENT AGREEMENT
AMENDING AGREEMENT No. 1
THIS AMENDING AGREEMENT No. 1 to the Community Transportation Pilot Grant Program
Transfer Payment Agreement (this "Amending Agreement No. 1") made in quadruplicate and
effective as of March 31, 2017.
BETWEEN:
Her Majesty the Queen in right of the Province of Ontario
as represented by the Minister of Transportation for the Province of Ontario
the "Province")
and -
Town of Tillsonburg
the "Recipient")
BACKGROUND:
The Parties entered into the Community Transportation Pilot Grant Program Transfer
Payment Agreement effective as of the 16th day of July, 2015 (the "Agreement").
The Parties wish to reinstate the Agreement, which expired on March 31, 2017, and
amend the Agreement, pursuant to section 34.1 (Modification of Agreement) of the
Agreement and in the manner set out in this Amending Agreement No. 1, to extend the
term of the Agreement, so that the Agreement is considered to have been in effect from its
Effective Date through March 31, 2018, and make changes to the Budget, including the
addition of certain operating costs, and other changes.
CONSIDERATION:
In consideration of the mutual covenants and agreements contained in this Amending
Agreement No. 1 and for other good and valuable consideration, the receipt and sufficiency of
which are expressly acknowledged, the Parties agree as follows:
Capitalized terms used but not defined in this Amending Agreement No. 1 have the
meanings ascribed to them in the Agreement.
2. The "BACKGROUND" of the Agreement is amended by deleting "to plan and implement"
in the first paragraph and replacing this wording with "to plan, implement and operate".
3. Section 1.2 (Definitions) of the Agreement is amended by adding the following definition
in alphabetical order:
Amending Agreement No. 1" means this Amending Agreement No. 1, entered into
between the Province and the Recipient, to the Agreement and includes all of the
appendices listed in section 21 of this Amending Agreement No. 1.
4. Section 1.2 (Definitions) of the Agreement is amended by deleting the definition of
Maximum Funds" and replacing it with the following:
Maximum Funds" means $150,000.00.
5. Section 3.1 (Term) of the Agreement is amended by deleting "2017" and replacing it with
2018" to reflect the new Expiration Date.
6. Paragraph 4.1(b) of the Agreement is deleted and replaced with:
b) provide the Funds to the Recipient in accordance with Schedule "D" (Payments); and
7. Paragraph 4.3(d) of the Agreement is deleted and replaced with:
d) not use the Funds to cover any specific cost that has or will be funded or reimbursed
under any other funding program or by any third party, including other ministries,
agencies and organizations of the Government of Ontario.
8. Section 4.5 (No Changes) of the Agreement is deleted and replaced with "Intentionally
Deleted".
9. Section 30.1 (Schedules) of the Agreement is amended by deleting clauses (i) and (ii) of
paragraph 30.1 (d).
10. Section 30.1 (Schedules) of the Agreement is amended by adding the following clauses
to paragraph 30.1 (e):
iv) Sub -schedule "E.4" - Interim Financial Report on Operating Expenses 2017-18; and
v) Sub -schedule "E.5" - Final Financial Report on Operating Expenses 2017-18.
11. Section 34.1 (Modification of Agreement) of the Agreement is deleted and replaced with:
Subject to, as applicable, the provision entitled "Amending Agreement for Minor Changes
to the Project Description and Timelines" in Schedule "A" (Project Description and
Timelines) and section B.2.2 (Amending Agreement for Minor Changes to the Project
Budget) in Schedule "B" (Budget), the Agreement may only be amended by a written
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agreement duly executed by the representatives of the Parties who executed the
Agreement or, if any, their respective authorized delegates.
12. Schedule "A" (Project Description and Timelines) of the Agreement is amended by
adding, after the table entitled "Table 1: Project Workplan", two new parts entitled,
respectively, "DESCRIPTION OF COMMUNITY TRANSPORTATION SERVICE APRIL 1,
2017 TO MARCH 31, 2018" and "CHANGES TO THE PROJECT DESCRIPTION AND
TIMELINES" and described in Appendix A to this Amending Agreement No. 1.
13. Schedule "B" (Budget) of the Agreement is deleted and replaced with Appendix B to this
Amending Agreement No. 1.
14. Schedule "C" (Eligible and Ineligible Costs) of the Agreement is deleted and replaced with
Appendix C to this Amending Agreement No. 1.
15. Schedule "D" (Payments), Sub -Schedule "D.1" (Payment Plan) and Sub -schedule "D.2"
Claim and Payment Procedures) of the Agreement are deleted and replaced with
Appendix D to this Amending Agreement No. 1.
16. Schedule "E" (Reporting") of the Agreement is deleted and replaced with Appendix E to
this Amending Agreement No. 1.
17. The Agreement is amended by adding Sub -schedule "E.4" (Interim Financial Report on
Operating Expenses 2017-18) and Sub -schedule "E.5" (Final Financial Report on
Operating Expenses 2017-18) both respectively attached to this Amending Agreement
No. 1 as Appendix F and Appendix G.
18. This Amending Agreement No. 1 is conditional upon, on or before the effective date of
this Amending Agreement No. 1 described at the top of this Amending Agreement No. 1,
the Recipient providing the Province with:
a) a certificate of insurance, or other proof as may be requested by the Province, that
confirms the insurance coverage as provided for in section 11.1 (Recipient's
Insurance), and
b) a copy of the by-law(s) and, if applicable, any council resolution(s) authorizing this
Amending Agreement No. 1 and naming the authorized representatives of the
Recipient for it.
19. Except for the amendments provided for in this Amending Agreement No. 1, all provisions
in the Agreement are reinstated and remain in full force and effect.
20. Section 24.1 (Governing Law) of the Agreement applies to this Amending Agreement No.
1 with any necessary modifications.
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21. This Amending Agreement No. 1 includes appendices A, B, C, D, E, F, and G to this
Amending Agreement No. 1.
IN WITNESS WHEREOF, the Parties have executed the Agreement on the dates set out
below.
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as
represented by the Minister of Transportation for the
Province of Ontario
by:
Date Name:
Title:
TOWN OF TILLSONBURG
by:
Date Na e:Ph— `' ---
Title:
I have authority to bind the Recipient
by:
Datrr `
Naem :: L l-&o-
Title: CA-er c_
I have authority to bind the Recipient.
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APPENDIX A
DESCRIPTION OF COMMUNITY TRANSPORTATION SERVICE APRIL 1, 2017 TO
MARCH 31, 2018
T:GO Call -N -Ride will provide low-cost rides to residents within Tillsonburg. The T:GO bus will
operate from 6:00 am to 5:00 pm, Monday to Friday, except holidays. The service is available
for all residents to access recreation, retail shopping, community services and social events.
The bus will operate as flex -route, with route deviation that enables door-to-door service for
riders with mobility limitations. The service is mainly in -town
Private taxi services will be integrated into the broader Community Transportation Service in
order to reduce wait times and to facilitate point to point service delivery not available via the
T:GO under its license, or due to lack of capacity. Taxicabs will also be used for service calls
in the evenings and weekends. The taxi companies' current arrangement with partner
organization, Community Advocates Tillsonburg, for service in the evenings and weekends will
continue, and taxicabs will also be utilized for some out of town rides."
CHANGES TO THE PROJECT DESCRIPTION AND TIMELINES
Minor Changes to the Project Description and Timelines. Subject to the provision below
Amending Agreement for Minor changes to the Project Description and Timelines), the Parties
agree that minor changes, as determined by the Province at its sole discretion, may be made
to the Project description and timelines.
Amending Agreement for Minor Changes to the Project Description and Timelines. Any
change made to the Project description and Timelines, pursuant to the above provision (Minor
Changes to the Project Description and Timelines), must be requested by the authorized
representative of the Recipient and consented to by the authorized representative of the
Province listed below. The request and consent are considered Notices and must be must be
made and provided in accordance with the Notice provisions in Article 18.0 (Notice) of the
Agreement.
For the Recipient:
Community Transportation
Project Coordinator
For the Province
Manager, Municipal Transit Policy Office
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APPENDIX B
SCHEDULE "B"
BUDGET
B.1.0 PROJECT BUDGET
B.1.1 Project Budget. The Recipient will carry out the Project within the Budget described in
Table B.1.1 (Community Transportation 2015-16 and 2016-17 Budget for the Project)
and Table B.1.2 (Community Transportation 2017-18 Operating Budget for the Project).
Table B.1.1: Community Transportation 2015-16 and 2016-17 Budget for the Project
Item and Description
Professional & Consulting
Services — Coordinator Wages
Equipment, Supplies &
Materials —Transportation
Coordinating Software
Public Outreach and
Communications Materials
and Activities—Advertising
and Marketing
Public Outreach and
Communications Materials
and Activities — Website
Purchase and Development
Event -Related Expenses —
Grand Opening / Launch Party
Cost
Province
73,500 $73,500
5,950
5,000
450
1,600
Other—Accessible Van $13,500
Total $100,000
2015-16 Funding Year Total
2016-17 Funding Year Total
5,950
5,000
450
1,600
13,500
100,000
90,000.00
10,000.00
Funding Breakdown
Amount by Source)
Recipient
N/A
M
Other Sources
Identify Funding
Source)
N/A
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Table B.1.2: Community Transportation 2017-18 Operating Budget for the Project
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Funding Breakdown
Amount by Source)
Item and Description Cost
Other Sources
Province Recipient Identify Funding
Source)
Driver/staff Salaries 93,256.00 31,500.00 37,500.00
Gas Tax)
11,586.00
Employment Ontario)
12,670.00
Gilvesy Foundation)
Benefits 11,132.00 5000.00 6,132.00
Fares)
Fuel 9,600.00 9,600.00
Fares)
Insurance 1,500.00 1,500.00
Taxi Fees 11,000.00 11,000.00
Other Fees 250.00 250.00
Donations)
Vehicle Maintenance 4,000.00 4,000.00
Vehicle Lease 13,500.00 13,500.00
Out-of-town Coverage 34,500.00 28,000.00
Marketing United Way)
6,500.00
Gilvesy Foundation)
Website 2,500.00 1,850.00
Fares)
650.00
Donations)
Fundraising Costs 700.00 700.00
Donations)
Coordination Software 5000.00 5,000.00
Other Expenses 1,000.00 1,000.00
Total 187,938.00 50,000.00 22,500.00 115,948.00
2017-18 Funding Year Total 50,000.00
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B.2.0 CHANGES TO THE PROJECT BUDGET
B.2.1 Minor Changes to the Project Budget. Subject to section B.2.2 (Amending Agreement
for Minor Changes to the Project Budget), the Parties agree that minor changes, as
determined by the Province at its sole discretion, may be made to the Budget for the
Project.
B.2.2 Amending Agreement for Minor Changes to the Project Budget. Any change made
to the Budget for the Project, pursuant to section B.2.1 (Minor Changes to the Project
Budget), must be requested by the authorized representative of the Recipient and
consented to by the authorized representative of the Province listed below. The request
and consent are considered Notices and must be must be made and provided in
accordance with the Notice provisions in Article 18.0 (Notice) of the Agreement.
For the Recipient:
Community Transportation
Project Coordinator
For the Province
Manager, Municipal Transit Policy Office
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APPENDIX C
SCHEDULE "C"
ELIGIBLE COSTS AND INELIGIBLE COSTS
C.1.0 ELIGIBLE COSTS
C.1.1 Eligible costs are the costs that are directly related to and necessary for the successful
completion of the Project and that are incurred and paid after the Effective date of the
Agreement and prior to the Expiration Date. No expenditures incurred outside of this
period will be eligible for payment under the Program.
C.1.2 Eligible costs must be documented through paid invoices or original receipts, or both.
C.1.3 Provided that the above -noted general eligibility criteria are met, Eligible Costs may
include:
a) Salary and benefits of a coordinator responsible for planning or operating
community transportation services;
b) Consultant services to assist the applicant municipality and community
organization(s) in implementing or operating coordinated services (e.g., to assist in
the implementation of information technology or the facilitation of cooperative
initiatives between the municipality and community organizations);
c) Purchase, implementation or operation of a contact number or website, or both;
d) Purchase and implementation/installation or licensing of software or hardware, or
both;
e) Acquisition of community transportation services (e.g., vehicles, drivers, booking
and dispatch services) that are part of the Project;
f) Legal services for the drafting of legal agreements;
g) Costs of holding and facilitating meetings/consultation events/workshops with
community transportation organizations for the Project,
h) Training costs related to the implementation and operation of the Project;
i) Ontario -only travel and accommodation costs directly related to the planning and
implementation of the Project. Expenses must align with the Government of
Ontario's Travel, Meal and Hosnitalitv Expenses Directive;
j) Facilities costs of centralizing functions;
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k) Public outreach, communications materials and activities to promote the Project and
service;
1) Equipment, supplies and materials associated with the implementation and
operation of the Project; and
m) Other costs not indicated in the Budget that are, in the opinion of the Province,
considered necessary for the completion of the Project, and have been approved in
writing prior to being incurred.
C.2.0 INELIGIBLE COSTS
The following costs are Ineligible Costs:
C.2.1 Cash prizes or direct subsidies to individuals, including multi -use transit passes for
services that are not related to the Project;
C.2.2 Food and beverages;
C.2.3 Refundable goods and services tax, pursuant to the Excise Tax Act, R.S.C. 1985, c. E.
15, as amended, or other refundable expenses;
C.2.4 Costs associated with obtaining necessary approvals, licences or permits where the
Recipient is the entity providing the approval, licence or permit;
C.2.5 Litigation costs incurred by the Recipient in any legal proceedings;
C.2.6 For costs under Table B.1.1 (Community Transportation 2015-16 and 2016-17 Budget
for the Project), the costs incurred before the Effective Date and after the Expiration
Date of the Agreement;
C.2.7 For costs under Table B.1.2 (Community Transportation 2017-18 Operating Budget for
the Project), the costs incurred before the April 1, 2017 and after the Expiration Date of
the Agreement.
C.2.8 Other costs which are not specifically listed as Eligible Costs under this Schedule "C"
Eligible Costs and Ineligible Costs) and which, in the opinion of the Ministry, are
considered to be ineligible.
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SCHEDULE "D" — PAYMENTS
D.1.0 CLAIMS
D.1.1 Claim. The submission of the documents listed for each milestone in Table D.2.2
Payment Plan for Milestones) constitutes a claim under that milestone.
D.2.0 SUBMISION OF CLAIMS AND PAYMENT PLAN
D.2.1 Timing for Claims and Payment Amounts. The milestones for the submission of and
the payment amount for each of the claim under the Agreement are set out in Table
D.2.2 (Payment Plan for Milestones).
D.2.2 Claim Payments. Subject to the terms and conditions set out in the Agreement,
including annual appropriations, the Province will use its reasonable efforts to make a
payment to the Recipient, if due and owing under the terms of the Agreement, within 30
days of receipt, to the Province's satisfaction, of a claim fully submitted in accordance
with this Schedule "D" (Payments), including Table D.2.2 (Payment Plan for Milestones),
and upon receipt of evidence that a Project milestone has been completed.
Table D.2.2 Payment Plan for Milestones
MILESTONES FOR GENERAL BUDGET FOR THE PROJECT
MILESTONE
MILESTONE DOCUMENTS TIMING PAYMENT
AMOUNT
Receipt of the following: Within 60 days of Up to $50,000.00
the Effective
Certificate of Date
insurance; and
1
By-law or resolution
designating signing
officer and authorizing
the Project.
Receipt, of the following Within 60 days of Up to $40,000.00
2 Reports from the completion of
Recipient: 75% of the
Project
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the Project Status
Report (see Sub -
schedule "E.1"); and
the Interim Financial
Report (see Sub -
schedule "E.2")
Receipt of the following
Reports from the
Recipient:
the Final Financial
Status Report (see
3 Sub -schedule "E.2");
and
the Report on
Coordinated
Community
Transportation
Services (see Sub -
schedule "E.3")
Within 60 days of Up to $10,000.00
May 31, 2017
MILESTONES FOR 2017-18 OPERATING BUDGET FOR THE PROJECT
MILESTONE
MILESTONE DOCUMENTS TIMING PAYMENT
AMOUNT
Receipt of any required Within 60 days of Up to $25,000.00
4 insurance certificate of the effective date
insurance, by-law(s) and of this Amending
resolution(s) Agreement No. 1
Receipt of the Interim Within 60 days of Up to $20,000.00
5 Financial Report on October 10,
Operating Expenses 2017
2017-18
Receipt of the Final Within 60 days of Up to $5,000.00
6 Financial Report on May 1, 2018
Operating Expenses
2017-18
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D.2.3 Time Limit for Submission of Claims. In addition to the requirements in section D.2.2
Claim Payments), the Recipient will submit all claims for payment within 180 days of
the Expiration Date. The Ministry will have no obligation to pay a claim after this date.
D.2.4 No liability. The Province will under no circumstance be liable for interest for failure to
make a payment within the timelines set out in section D.2.2 (Claim Payments).
D.3.0 ADDITIONAL INFORMATION
D.3.1 Additional Information upon Ministry's Request. The Ministry may request additional
information from the Recipient prior to processing a payment and the Recipient will
make every effort to provide the information within 30 days of the request.
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APPENDIX E
SCHEDULE "E"
REPORTING
The table below lists the reports the Recipient must submit to the Province and their respective
submission dates.
Name of Report
1. Project Status Report
2. Interim Financial Report
3. Final Financial Report
Due Date (within 60 days of)
Completion of 75% of the Project
Implementation
Completion of 75% of the Project
Implementation
May 31, 2017
4. Report on Coordinated Community May 31, 2017
Transportation Services
5. Interim Financial Report on October 10, 2017
Operating Expenses 2017-18
6. Final Financial Report on May 1, 2018
Operating Expenses 2017-18
7. Reports, including records and On a date or dates specified by the
documentation, specified from time Province
to time
8. Participation in program evaluation To be specified by the Province
Note: For greater clarity, the Province reserves the right to request additional financial
information on the Project as it may deem necessary.
E.1.0 PROJECT STATUS REPORT
The Recipient will prepare a report on the implementation of the Project that confirms
75% completion and indicates the relevant milestones completed. The report must
reflect the work plan in Schedule "A" (Project Description and Timelines).
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E.2.0 FINANCIAL REPORTS
E.2.1 Types of Financial Reports. The Recipient will prepare an Interim Financial Report
and a Final Financial Report containing a statement of Project expenditures incurred
and paid to date, the Funds received, interest earned, other funding sources, if any,
broken down by category. The financial reports will reflect actual Project expenditures
and will provide an explanation for any variances. See Schedule "E.2" (Interim and Final
Financial Status Report) for details.
E.2.2 Revised Forecast. The Interim Financial Report should, if there are variances or
changes in the Budget or the Project expenditures, include a revised forecast of the
Budget up to the Expiration Date. See Schedule "E.2" (Interim and Final Financial
Status Report) for details.
E.2.3 Additional Detailed Financial Reporting. Additional detailed financial reporting may
also be required from the Recipient to reflect the amount of Funds received for the
Project and the Project expenditures that occurred during the Funding Year.
E.3.0 REPORT ON COORDINATED COMMUNITY TRANSPORTATION SERVICES &
PARTICIPATION IN PROGRAM EVALUATION
E.3.1 Report on Coordinated Community Transportation Services. The Recipient will be
required to submit a report on the Project implementation and the resulting coordinated
community transportation services. See Sub -schedule "E.3" (Report on Coordinated
Community Transportation Services) for details.
E.3.2 Participation in Program Evaluation. The Recipient will, if requested by the Province,
participate in any program evaluation events or activities after March 31, 2017. This
may include:
Completing a survey on the Program, the Project and outcomes of the Project; and
Participating in information sessions on community transportation to report on the
Project, Recipient's experiences, and lessons.
E.4.0 FINANCIAL REPORTS ON OPERATING EXPENSES 2017-18
E.4.1 Types of Reports. For 2017-18, the Recipient will prepare an Interim Financial Report
on Operating Expenses 2017-18 and a Final Financial Report on Operating Expenses
2017-18. The financial reports will reflect actual Project operating expenses incurred
and paid to date broken down by category, the Funds received, and other funding
sources, if any, broken down by category. Financial reports will provide an explanation
for any variances from the operating Budget. If funding from other sources is received,
the financial reports will need to indicate that different funding sources are covering
different expenses, or portions of a total expense, and specify them. Both reports will
contain the actual capital and operating spending for 2015-17 as submitted in the Final
Financial Report that is required in the Agreement.
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E.4.2 Interim Financial Report on Operating Expenses 2017-18. The Interim Financial
Report on Operating Expenses for 2017-2018 will contain a statement of expenditures
for operating the community transportation service from April 1, 2017 to September 29,
2017. See Schedule "E.4" (Interim Financial Report on Operating Expenses 2017-18)
for details.
E.4.3 Final Financial Report on Operating Expenses 2017-18. The Final Financial Report
on Operating Expenses for 2017-2018 will contain a statement of expenditures for
operating the community transportation service from April 1, 2017 to March 31, 2018.
See Schedule "E.5" (Final Financial Report on Operating Expenses 2017-18) for details.
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APPENDIX F
SUB -SCHEDULE "E.4"
INTERIM FINANCIAL REPORT ON OPERATING EXPENSES 2017-18
Financial Report for All Costs from Start of Pilot to March 31, 2017
1) 2) 3) 4) 5) 6) 7 8)
Initial Recipient
Item and
Operating
Total Provincial and Other
Variance ExplanationDescriptionCostSpendingPortionFunding
Source
Sub -Total
Interim Financial Report for Operating Costs from April 1, 2017 to September 29, 2017
9) 10) 11) 12) 13) 14) 15) 16)
Initial
Recipient
RevisedItemandOperating
Total Provincial and Other Operating Variance ExplanationDescription
Cost Spending Portion Funding CostSource
Sub -Total
TOTAL'
2015 -
Sept 29,
2017
Columns 1 to 8
Complete Columns 1 to 8 using information submitted in your Final Financial Report
required in the Agrceineih. Include both capital and operating expenses. Do not complete
Column 6.
Column 12
In Column 12, indicate the amount of additional funding from the Community Transportation
Pilot Grant Program used to pay the operating cost in Column 10.
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Column 13
In Column 13, indicate both other amounts of funding, if any, and the funding sources used
to pay the operating cost in Column 10. Funding sources include other funding programs,
such the Dedicated Gas Tax Fund, and fare revenues. Add additional columns, as
necessary.
Column 14
If the forecasted initial operating cost in Column 10 is/are revised, indicate the revised
operating cost.
Column 15
The variance, if any, is the initial operating cost in Column 10 less the revised operating
cost in Column 14.
Column 16
Provide an explanation for the variance and how it will be resolved.
In the last row of the table, provide total sums from the start of the pilot to September 29,
2017.
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11 1a]PAI C
SUB -SCHEDULE "E.5"
FINAL FINANCIAL REPORT ON OPERATING EXPENSES 2017-18
Financial Report for All Costs from Start of Pilot to March 31, 2017
1) 2) 3) 4) 5) 6) 7)
Initial Recipient
Item and
Operating
Total Provincial and Other Variance ExplanationDescriptionCostSpendingPortionFunding
Source
Sub -Total
Final Financial Report for Operating Costs from April 1, 2017 to March 31, 2018
8) 9) 10) 11) 12) 13) 14)
Initial Recipient
Item and
Operating
Total Provincial and Other Variance ExplanationDescriptionCostSpendingPortionFunding
Source
Sub -Total
TOTAL`
2015 -
March 31,
2018
Columns 1 to 7
Complete Columns 1 to 7 using information submitted in your Final Financial Report
required in the Agreement. Include both capital and operating expenses.
Column 11
In Column 11, indicate the amount of additional funding from the Community Transportation
Pilot Grant Program used to pay the operating cost in Column 9.
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Column 12
In Column 12, indicate both other amounts of funding, if any, and the funding sources used
to pay the operating cost in Column 9. Funding sources include other funding programs,
such as the Dedicated Gas Tax Fund, and fare revenues. Add additional columns, as
necessary.
Column 13
The variance, if any, is the initial operating cost in Column 9 less the total spending in
Column 10.
Column 14
Provide an explanation for the variance and how it was resolved.
2 In the last row of the table, provide total sums from the start of the pilot to March 31, 2018.
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