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190812 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg COUNCIL MEETING AGENDA Monday, August 12, 2019 4:30 PM Council Chambers 200 Broadway, 2nd Floor 1.Call to Order 2.Closed Session Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT Council move into Closed Session to consider: - personal matters about an identifiable individual, including Town employees (Recruitment); - a proposed or pending acquisition or disposition of land by the Town (Earle Street). 3.Adoption of Agenda Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council meeting of Monday, August 12, 2019 be adopted. 4.Moment of Silence 5.Disclosures of Pecuniary Interest and the General Nature Thereof 6.Adoption of Council Minutes of Previous Meeting Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT the Minutes of the Council Meeting of July 8, 2019 and the Special Council Meeting of July 24, 2019 be approved. 7.Presentations 7.1 Century Plaque Presentation to Maurice Verhoeve, 262 Broadway Presented by: Mayor Molnar 7.2 2018 Municipal Financial Audit Presented by: Christene Scrimgeour Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT Council approves the 2018 Draft Financial Statements as presented; AND THAT the 2018 Management Letter be received; AND THAT Staff prepare a report to Council regarding the Management Letter. 8.Public Meetings Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at _________pm. 8.1 Application for Minor Variance A-09/19 - 14 Victoria Way (Frances Tong) Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT the Committee of Adjustment approves Application File A-09/19, submitted by Frances Tong, for lands described as Lot 35, Plan 41M-241, Town of Tillsonburg, as it relates to: Relief from Section 6.2, – Zone Provisions (R1A) - Rear Yard Minimum Depth, to reduce the required rear yard depth from 10.5 m (34.5 ft) to 7.18 m (23.5 ft) to facilitate the construction of a sunroom addition; 1. Relief from Section 6.2, – Zone Provisions (R1A) - Maximum Permitted Lot Coverage, to increase the maximum permitted lot coverage from 35% to 2. Page 2 of 611 37% of lot area, to facilitate the construction of a sunroom addition. Subject to the following conditions: A building permit for the proposed sunroom addition shall be issued within one year of the date of the Committee's decision; i. The relief granted by this application shall only apply to the proposed sunroom addition as illustrated on Plate 3 of Planning Report CP 2019-241. ii. Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT Council move out of the Committee of Adjustment and move back into regular Council session at ____________pm. 9.Planning Applications 10.Delegations 10.1 Exemption from Zoning By-Law Presented by: Robert Shaw Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT the Delegation of Robert Shaw requesting exemption from the Zoning By-Law be received, as information. 10.2 Multi-Use Recreational Trail Update Presented by: Tim Tompson Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT the Delegation of Tim Thomson in regards to a proposed new multi-use recreational trail between Norwich and Tillsonburg be received, as information. 10.3 Tillsonburg Tri County Agricultural Fair Board Presented by: Rosemary Dean Proposed Resolution #10 Moved By: ________________ Seconded By: ________________ Page 3 of 611 THAT the Delegation of Rosemary Dean regarding the upcoming Tillsonburg Tri County Agrilcultural Fair be received, as information. 11.Deputation(s) on Committee Reports 11.1 DCS 19-20 Town Hall Project Committee - Status Update and Public Consultation Presented by: John Veldman, Chair Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT Council receives Report DCS 19-20 Town Hall Project Committee – Status Update and Public Consultation, as information. 12.Information Items 13.Quarterly Reports 13.1 FIN 19-15 2019 Second Quarter Town Consolidated Results Proposed Resolution #12 Moved By: ________________ Seconded By: ________________ THAT Council receives Report FIN 19-15 2019 Second Quarter Town Consolidated Results, as information. 13.2 FIN 19-14 2019 Second Quarter Corporate Services Results 13.3 DCS 19-24 2019 Second Quarter Economic Development and Marketing Results 13.4 DCS 19-21 2019 Second Quarter Building, Planning & By-Law Services Results 13.5 FRS 19-07 2019 Second Quarter Fire Services Results 13.6 OPS 19-34 2019 Second Quarter Operations Services Results 13.7 RCP 19-35 2019 Second Quarter Recreation Culture and Parks Results Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ THAT Council receive the 2019 Second Quarter Department Results, as information. Page 4 of 611 14.Staff Reports 14.1 Chief Administrative Officer 14.1.1 HR 19-07 CAO Recruitment Proposed Resolution #14 Moved By: ________________ Seconded By: ________________ THAT Council receives Report HR 19-07 CAO Recruitment; AND THAT Council select option ______ for the interim CAO appointment; AND THAT Council select option_______ for the full time CAO Recruitment; AND THAT Council approve the Terms of Reference and appoint the Mayor and __________and __________ to the CAO Recruitment Committee. 14.2 Clerk's Office 14.2.1 CLK 19-20 Flag Policy Update Proposed Resolution #15 Moved By: ________________ Seconded By: ________________ THAT Council receive Report CLK 19-20 Flag Policy Update; AND THAT By-Law 4327 to adopt a Flag Policy and to repeal By-Law 3769, be brought forward for Council’s consideration. 14.2.2 CLK 19-21 BIA Board of Management Additional Appointments Proposed Resolution #16 Moved By: ________________ Seconded By: ________________ THAT Council receives Report CLK 19-21 BIA Board of Management Additional Appointments; AND THAT By-Law 4334, to amend By-Law 4260, be brought forward for Council consideration. 14.3 Development and Communication Services 14.3.1 DCS 19-23 Funding Agreement for 95 Spruce Street Community Page 5 of 611 Improvement Plan Application Proposed Resolution #17 Moved By: ________________ Seconded By: ________________ THAT Council receive Report DCS 19-23 Funding Agreement for 95 Spruce St Community Improvement Plan Application; AND THAT a by-law to enter into a Community Improvement Plan funding agreement with Otter Valley Foods Inc be brought forward for Council’s consideration. 14.4 Finance 14.5 Fire and Emergency Services 14.6 Operations 14.6.1 OPS 19-35 TGO Fare Rate Structure and Launch Update Proposed Resolution #18 Moved By: ________________ Seconded By: ________________ THAT Council receives Report OPS 19-35 T:GO Fare Rate Structure and Launch Update; AND THAT a By-Law to amend By-Law 4251, 2019 Rates and Fees, to include the Fare Rate Structure for the T:GO in-town service be brought forward for Council consideration. 14.6.2 OPS 19-36 Inter-Community Transportation Grant Program Transfer Payment Agreement Proposed Resolution #19 Moved By: ________________ Seconded By: ________________ THAT Council receives Report OPS 19-36 Inter-Community Transportation Grant Program Transfer Payment Agreement; AND THAT the Town of Tillsonburg supports the Inter-Community Transportation Project and is committed to its implementation by January 2020; AND FURTHER THAT the Town of Tillsonburg agrees to receiving and being responsible for the Community Transportation Grant Program funds Page 6 of 611 from the Province of Ontario; AND FURTHER THAT a By-law to execute the Transfer Payment Agreement with the Province of Ontario be brought forward for Council consideration. 14.6.3 OPS 19-37 Connecting Link Program Contribution Agreement Proposed Resolution #20 Moved By: ________________ Seconded By: ________________ THAT Council receives Report OPS 19-37 Connecting Link Program Contribution Agreement; AND THAT a By-Law to execute the Connecting Link Contribution Agreement with the Province of Ontario be brought forward for Council consideration. AND FURTHER THAT Council authorizes the use of Asset Management Reserves to fund the Town's portion of project costs in 2019. 14.6.4 OPS 19-38 Rogers Utility Lease Amending and Extension Agreement Renewal Proposed Resolution #21 Moved By: ________________ Seconded By: ________________ THAT Council receives Report OPS 19-38 Rogers Utility Lease Amending and Extension Agreement Renewal; AND FURTHER THAT a By-Law to execute the Lease Amending and Extension Agreement with Rogers Communications Inc. be brought forward for Council consideration. 14.6.5 OPS 19-39 Airport Hanger Land Lease Taxiway G3 Lot 1 and 2 Proposed Resolution #22 Moved By: ________________ Seconded By: ________________ THAT Council receives Report OPS 19-39 Airport Hanger Land Lease Agreement Taxiway G3 Lot 3; AND THAT a By-Law to execute the Airport Hanger Land Lease Agreement with Dan Springer be brought forward for Council consideration. 14.6.6 OPS 19-40 Airport Hanger Land Lease Amendment Taxiway G3 Lot 3 Page 7 of 611 Proposed Resolution #23 Moved By: ________________ Seconded By: ________________ THAT Council receives Report OPS 19-40 Airport Hangar Land Lease Amendment Taxiway G3 Lot 3; AND THAT Council authorizes the Airport Hangar Land Lease Amendment with #1474528 Ontario Inc. / Dave Hewitt. 14.7 Recreation, Culture & Park Services 14.7.1 RCP 19-29 Awarding RFT 2019-005 – Auditory Upgrades Proposed Resolution #24 Moved By: ________________ Seconded By: ________________ THAT Council receives Report RCP 19-29 – Awarding RFT 2019-005 - Auditory Upgrades; AND THAT Council award RFT 2019-005 to Dynamix London Inc. at a cost not to exceed their adjusted bid price of $48,692 before taxes. 14.7.2 RCP 19-30 Terms of Reference for Tillsonburg Dog Park Advisory Committee Proposed Resolution #25 Moved By: ________________ Seconded By: ________________ THAT Council receives Report RCP 19-30 Terms of Reference for Tillsonburg Dog Park Advisory Committee; AND THAT Council establishes the Tillsonburg Dog Park Advisory Committee and directs staff to initiate the advertising and appointment process. 14.7.3 RCP 19-31 RFT Award - Station Arts Life and Fire Safety Upgrades Proposed Resolution #26 Moved By: ________________ Seconded By: ________________ THAT Council receives Report RCP 19-31 Awarding RFT 2019-014 – Station Arts Life and Fire Safety Upgrades; AND THAT Council awards RFT 2019-014 to PK Construction Inc. for $164,103.03 before taxes; Page 8 of 611 AND THAT Council approves bringing forward the roof shingle replacement for the Station Arts Centre from a 2020 project to a 2019 project. 14.7.4 RCP 19-34 Summer Place Alternative Service Agreement Proposed Resolution #27 Moved By: ________________ Seconded By: ________________ THAT Council receives Report RCP 19-34 Alternative Service Agreement; AND THAT a By-Law to authorize the 10-year Lease Agreement with E & E McLaughlin Ltd. for Summer Place be brought forward for Council consideration. 15.New Business 16.Consideration of Committee Minutes 16.1 Committee Minutes Proposed Resolution #28 Moved By: ________________ Seconded By: ________________ THAT Council receives the Tillsonburg Airport Advisory Committee Minutes dated June 20, 2019, the Town Hall Project Steering Committee Minutes dated June 24, 2019 and July 8, 2019, the Parks, Beautification and Cemetery Advisory Committee Minutes dated July 4, 2019 and August 1, 2019, the Economic Development Advisory Committee Minutes dated July 9, 2019, and the Tillsonburg Transit Advisory Committee Minutes dated July 16, 2019. 16.2 Business Improvement Area Board of Management Proposed Resolution #29 Moved By: ________________ Seconded By: ________________ THAT Council receives the Business Improvement Area Board of Management Minutes dated April 25, 2019, May 9, 2019, May 14, 2019 and June 20, 2019, as information. 17.Motions/Notice of Motions 17.1 Lions Auditorium Kitchen Update Proposed Resolution #30 Moved By: ________________ Page 9 of 611 Seconded By: ________________ THAT Staff provide an update report on the Lions Auditorium Kitchen upgrade at the September 9, 2019 Council Meeting. 17.2 Town Merchandise Sales - One-Year Report Proposed Resolution #31 Moved By: ________________ Seconded By: ________________ THAT Staff provide a report on the Town Merchandise Sales from year one to 2019 at the September 23, 2019 Council Meeting. 17.3 Material Stored at Community Centre Grounds Proposed Resolution #32 Moved By: ________________ Seconded By: ________________ THAT all materials such as wood chips, gravel, dirt, etc. that are stored behind the cedar trees, located next to the Cattle Barn and Dog Park be relocated to a secure location at the Works Department; AND THAT in the future no materials to be used by the Parks and Recreation Department be stored in the area of the Community Centre. 18.Resolutions/Resolutions Resulting from Closed Session 19.By-Laws 19.1 By-Law 4326, To Authorize a Community Transportation Grant Program Agreement 19.2 By-Law 4327, To Adopt a Flag Policy and to Repeal By-Law 3769 19.3 By-Law 4328, To Amend By-Law 4251, Rates & Fees 19.4 By-Law 4331, To Authorize Airport Hangar Land Lease Agreement (Springer) 19.5 By-Law 4332, To Execute the Connecting Link Contribution Agreement with Her Majesty The Queen In Right of Ontario 19.6 By-Law 4333, To Execute a Lease Amending and Extension Agreement with Rogers Communications Inc. 19.7 By-Law 4334, To Amend By-Law 4260 To Appoint Directors to the BIA Board of Management Page 10 of 611 19.8 By-Law 4335, to Execute a Lease Agreement with E&E McLaughlin Ltd. 19.9 By-Law 4336, to Authorize a Community Improvement Plan Funding Agreement with Otter Valley Foods Inc. Proposed Resolution #33 Moved By: ________________ Seconded By: ________________ THAT By-Law 4326, To Authorize a Community Transportation Grant Program Agreement; and By-Law 4327, To Adopt a Flag Policy and to Repeal By-Law 3769; and By-Law 4328, To Amend By-Law 4251, Rates & Fees; and By-Law 4331, To Authorize Airport Hangar Land Lease Agreement (Springer); and By-Law 4332, To Execute the Connecting Link Contribution Agreement with Her Majesty The Queen In Right of Ontario; and By-Law 4333, To Execute a Lease Amending and Extension Agreement with Rogers Communications Inc.; and By-Law 4334, To Amend By-Law 4260 To Appoint Directors to the BIA Board of Management; and By-Law 4335, to Execute a Lease Agreement with E&E McLaughlin Ltd.; and By-Law 4336, to Authorize a Community Improvement Plan Funding Agreement with Otter Valley Foods Inc. be read for a first, second, 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.Confirm Proceedings By-law Proposed Resolution #34 Moved By: ________________ Seconded By: ________________ THAT By-Law 4330 to Confirm the Proceedings of the Council Meeting held on Monday, August 12, 2019 be read for a first, second, 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. 21.Items of Public Interest 22.Adjournment Page 11 of 611 Proposed Resolution #35 Moved By: ________________ Seconded By: ________________ THAT the Council Meeting of Monday, August 12, 2019 be adjourned at ______ p.m. Page 12 of 611 1 MINUTES Monday, July 8, 2019 6:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: David Calder, CAO Donna Wilson, Town Clerk Kevin De Leebeeck, Director of Operations Rick Cox, Director of Recreation, Culture and Parks Amelia Jaggard, Legislative Services Coordinator Sheena Pawliwec, Deputy Treasurer _____________________________________________________________________ 1. Call to Order The meeting was called to order at 6:00 p.m. 2. Closed Session 3. Adoption of Agenda Resolution # 1 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Agenda as prepared for the Council Meeting of Monday, July 8, 2019, be adopted. Carried Page 13 of 611 2 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 6. Adoption of Council Minutes of Previous Meeting Resolution # 2 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Minutes of the Council Meetings of June 24, 2019 and June 25, 2019, be approved. Carried 7. Presentations 8. Public Meetings 8.1 Zone Change Application ZN 7-19-09, 25 Spruce Street (Madlen and Lena Isaacs) Eric Gilbert, Senior Planner, County of Oxford, appeared before Council to provide an overview of the application. Opportunity was provided for comments and questions from Council. The applicant, Lena Isaacs, appeared before Council in support of the application. No members of the public appeared before Council either in support of or opposition to the application. Resolution # 3 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council approve the zone change application submitted by Madlen Isaacs, whereby the lands described as Part Lot 1617, 1638, Plan 500, Part 1 of Plan 41R-1662, & 41R-1932 in the Town of Tillsonburg, known municipally as 25 Spruce Street, are to be rezoned from ‘General Industrial Zone (MG)’ to ‘Special General Industrial Zone (MG-sp)’ to allow for the development of additional service commercial-oriented uses within an existing industrial mall. Page 14 of 611 3 Carried Resolution # 4 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 6:10 p.m. Carried 8.2 Application for Minor Variance A08-19, 80 Brock Street East (Arend Tenhove) Eric Gilbert, Senior Planner, County of Oxford, appeared before Council to provide an overview of the application. Council received correspondence from the applicant on July 8, 2019 which indicated the applicant/owner is not in favour of the cash-in-lieu of parking recommendation. Opportunity was provided for comments and questions from Council. Staff noted that the cash-in-lieu of parking is a one time fee based on land value and the cost to construct the space. The applicant, Adrian Ten Hove, appeared before Council in support of the application but requested that the cash-in-lieu of parking fee be reduced. No members of the public appeared before Council either in support of or opposition to the application. Resolution # 5 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres That the Town of Tillsonburg Committee of Adjustment approve Application File A-08/19, submitted by 952666 Ontario Limited, for lands described as Lot 1263, Plan 500, Town of Tillsonburg, as it relates to: 1. Relief from Table 5.24.2.1 – Parking Standards, to decrease the minimum required parking spaces for a professional office from 7 spaces (1 per 20 m2 of gross floor area) to nil spaces to facilitate an expansion to an existing office building; Page 15 of 611 4 Subject to the following condition: i. The applicant enter into a cash-in-lieu of parking agreement with the Town of Tillsonburg. Carried 9. Planning Applications 9.1 CLK 19-19 Memorandum (A05-19) Resolution # 7 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receive CLK 19-19 Memorandum, as information. Carried 9.2 Application for Minor Variance A05-19, 26 Thomas Avenue (Roy and Nancy Gardner) Eric Gilbert, Senior Planner, County of Oxford, appeared before Council to answer questions. Motion Moved by: Councillor Esseltine Seconded by: Councillor Luciani THAT the following conditions be amended from the original motion: i. The driveway be paved with a solid surface, to the satisfaction of the Town Building Services Department. ii. The building be located as close to the existing dwelling as possible. Carried. Resolution # 8 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT the Committee of Adjustment approves Application File A05-19, submitted by Roy and Nancy Gardner, for lands described as Lot 88, Plan M-59, municipally known as 26 Thomas Avenue, Town of Tillsonburg, as it relates to: 1. Relief from Table 5.1.1.4 – Regulations for Accessory Buildings and Page 16 of 611 5 Structures, to permit an increase to the maximum lot coverage allowance for residential accessory buildings from 50 m2 (538.2 ft2) to 50.1 m2 (539.27 ft2), and; 2. Relief from Table 5.1.1.4 – Regulations for Accessory Buildings and Structures, to permit an increase to the maximum height allowance for a residential accessory building from 3.7 m (12.1 ft) to 4.19 m (13.75 ft), Subject to the conditions that the driveway be paved with a solid surface, to the satisfaction of the Town Building Services Department and that the building be located as closely to the existing building as possible. Carried Resolution # 6 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council move out of the Committee of Adjustment and move back into regular Council session at 6:42 p.m. Carried 10. Delegations 10.1 Business Improvement Area Board of Management Update Mark Renaud, Executive Director, and Karlee Slattery, Events and Marketing Coordinator for the Tillsonburg BIA, appeared before Council to present an update from the BIA Board of Management. Opportunity was provided for comments and questions from Council. The BIA has ordered additional garbage and recycling bins for the downtown streets. The County of Oxford IT Department is currently working with the BIA to bring back the WIFI. The BIA is currently creating new branding which will be rolled out with a new website in the future. Resolution # 9 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy Page 17 of 611 6 THAT Council receive the Business Improvement Area Board of Management Update, as information. Carried 10.2 Heritage Permit Application (83 Rolph Street) Andrew Teeple, Athon Construction and Development Corporation, appeared before Council and provided an overview of proposed alterations to the building at 83 Rolph Street (Rolph Street Public School). Opportunity was provided for comments and questions from Council. Mr. Teeple noted the target completion date is in Spring or Summer of 2020. Resolution # 10 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receive the delegation regarding the Heritage Permit Application for 83 Rolph Street, as information; AND THAT this information be referred to item 13.2.1 CLK 19-18, for consideration. Carried 10.3 Tillsonburg Cemetery (Plant Holder) Les Lonsbary was not in attendance. 10.4 Turtlefest Committee Request for Funds Suzanne Fleet, Festival Director, Turtlefest, appeared before Council to request an emergency loan in the amount of $7,000.00 to cover unpaid expenses (event suppliers). Ms. Fleet noted that their insurance company confirmed an insurance claim is not possible. This is the first time in nine years that the committee has needed to request more funding from the Town. Ms. Fleet noted that due to weather conditions attendance was down $8,000.00 at the 2019 event compared to the 2018 event. In addition, the event's expenses were up $21,000.00 due to EMS services, security Page 18 of 611 7 services, the use of additional inflatables and increased marketing and promotions efforts. Ms. Fleet noted that a comprehensive financial statement will be brought forward to Council in the next month. Resolution # 12 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receive the delegation regarding Turtlefest, as information; AND THAT Council provide the $7,000 in the form of a loan; AND THAT Staff report back to Council with regards to the conditions of the loan. Carried 11. Deputation(s) on Committee Reports 11.1 RCP 19-33 Cemetery By-Law 3640 Violation Paul DeCloet, Chair of Parks, Beautification and Cemetery Advisory Committee, appeared before Council to answer questions. Opportunity was provided for comments and questions from Council. Resolution # 13 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Report RCP 19-33 Cemetery By-Law 3640 Violation be received; AND THAT Council support the recommendation from the Parks, Beautification & Cemetery Advisory Committee to adhere to the Cemetery By-Law #3640 and direct the removal of a wooden pergola which was installed over a monument within the Cemetery without prior authorization from the Town. Carried 12. Information Items 12.1 Correspondence - Ministry of the Solicitor General Page 19 of 611 8 Resolution # 14 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council receive the correspondence from the Ministry of the Solicitor General regarding the Town of Tillsonburg's Emergency Management and Civil Protection Act (EMCPA) results for 2018, as information. Carried 12.2 Oxford County - Notice of Passing of Development Charges By-Law Resolution # 15 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receive the correspondence from the County of Oxford, as information. Carried 13. Staff Reports 13.1 Chief Administrative Officer 13.2 Clerk's Office 13.2.1 CLK 19-18 Application for Alteration of Property (83 Rolph Street) Resolution # 16 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT Council receive report CLK 19-18 Application for Alteration of Property (83 Rolph Street), as information; AND THAT Council consents to the application under Section 33 of the Ontario Heritage Act to alter the original five dormers and subsequent window openings and sills of the building located at 83 Rolph Street (Rolph Street Public School). Carried Page 20 of 611 9 13.3 Development and Communication Services 13.3.1 DCS 19-17 Community Improvement Plan Application - 95 Spruce St Cephas Panschow, Development Commissioner, appeared before Council to answer questions. Staff to bring back the agreement and specify how the Town's investment would be protected. Resolution # 17 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receive Report DCS 19-17 Community Improvement Plan Application – 95 Spruce St; AND THAT the 95 Spruce Street property be approved for $100,000 in funding through the Town’s Community Improvement Plan to encourage redevelopment of the property subject to a funding agreement being brought back to Council for consideration; AND THAT funding be provided through the Tax Rate Stabilization Reserve. Carried 13.3.2 DCS 19-18 Downtown Retail Gap Analysis Resolution # 18 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council receive Report DCS 19-18 Downtown Retail Gap Analysis; AND THAT the Retail Gap Analysis for the Downtown be approved in principle to guide future downtown marketing and business attraction initiatives in partnership with the Business Improvement Association. Carried Page 21 of 611 10 13.3.3 DCS 19-19 Municipal Access Agreement between the Town and North Frontenac Telephone Elgin Corp Staff to review item 4.10. for compliance with the Town's Graffiti By- Law. Resolution # 19 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receive Report DCS 19-19 Municipal Access Agreement between the Town and North Frontenac Telephone Elgin Corp; AND THAT By-Law 4325 to enter into a Municipal Access Agreement with North Frontenac Telephone Elgin Corp to enable them to expand their network services in the Town of Tillsonburg be brought forward for Council consideration. Carried 13.4 Finance 13.5 Fire and Emergency Services 13.6 Operations 13.6.1 OPS 19-33 Results for Tender RFT 2019-012 Concession Street West Reconstruction Staff noted that the anticipated completion time is Fall 2019. The Province has recommended the Town's application for funding for Concession St. W. to the Federal government. There have been no further updates at this time. Resolution # 20 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receive Report OPS 19-33 Results for Tender RFT 2019-012 Concession Street West Reconstruction; AND THAT Council award Tender RFT 2019-012 to Euro Ex Construction of Woodstock, ON at a cost of $1,780,948.06 (net Page 22 of 611 11 HST included), the lowest bid received satisfying all Tender requirements; AND THAT Council approves an additional use of DC Reserves in the amount of $39,276 towards this project; AND FURTHER THAT Council authorize the use of Gas Tax Reserves to fund the remaining $6,288 in project costs. Carried 13.7 Recreation, Culture & Park Services 13.7.1 RCP 19-32 February F.A.R.E. Fundraiser Featuring Toronto Maple Leafs Alumni Staff noted that the next steps would be to execute the agreement and begin planning for the event. Staff confirmed that an expense and revenue report would be provided to Council following the event. Staff to provide an update regarding the event planning and funding source in September 2019. Resolution # 21 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives Report RCP 19-32 – February F.A.R.E. Fundraiser Featuring Toronto Maple Leafs Alumni; AND THAT Council approves a February 15, 2020 F.A.R.E. Fundraiser featuring the Toronto Maple Leafs Alumni. Carried 14. New Business 15. Consideration of Committee Minutes 15.1 Committee Minutes Staff to bring forward a report regarding the Rzone policy at the Council meeting on August 12, 2019. Page 23 of 611 12 Resolution # 22 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives the Museum Advisory Committee Minutes dated May 30, 2019, Parks, Beautification and Cemetery Advisory Committee Minutes dated June 6, 2019, the Cultural, Heritage and Special Awards Advisory Committee Minutes dated June 20, 2019, and the Recreation and Sports Advisory Committee Minutes Date June 26, 2019, as information. Carried 15.2 Long Point Region Conservation Authority Board of Directors Minutes Resolution # 23 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT Council receive the Long Point Region Conservation Authority Board of Directors Minutes dated June 5, 2019, as information. Carried 16. Motions/Notice of Motions 16.1 Notice of Motion for which Previous Notice was Given Resolution # 24 Moved By: Councillor Gilvesy Seconded By: Councillor Rosehart THAT staff investigate and report back to council as part of the aquatics report information on the renovation of the Ingersoll and Port Hope indoor pools which would include cost and scope of project, architect and any other information that may be deemed appropriate as to provide council with a comparative project based in a similar sized municipality Carried 17. Resolutions/Resolutions Resulting from Closed Session 18. By-Laws Page 24 of 611 13 18.1 By-Law 4323, Being a By-Law to Amend Zoning By-Law 3295 (ZN 7- 19-09) 18.2 By-Law 4325, Municipal Access Agreement Resolution # 25 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT By-Law 4323, Being a By-Law to Amend Zoning By-Law 3295 (ZN 7-19-09), and By-Law 4325, Municipal Access Agreement, be read for a first, second, 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. Confirm Proceedings By-law Resolution # 26 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT By-Law 4324 to Confirm the Proceedings of the Council Meeting held on Monday, July 8, 2019 be read for a first, second, 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. Items of Public Interest The Annandale National Historic Site will be hosting an event called "Putting on the Ritz" on Saturday, October 19, 2019. 21. Adjournment Resolution # 27 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT the Council Meeting of Monday, July 8, 2019 be adjourned at 8:56 p.m. Carried Page 25 of 611 1 MINUTES Wednesday, July 24, 2019 5:00 PM Council Chambers 200 Broadway, 2nd Floor ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: David Calder, CAO Donna Wilson, Town Clerk Ashley Andrews, HR Manager _____________________________________________________________________ 1. Call to Order The meeting was called to order at 5:00 p.m. 2. Adoption of Agenda Resolution # 1 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Agenda as prepared for the Special Council Meeting of Wednesday, July 24, 2019 be adopted. Carried 3. Closed Session Page 26 of 611 2 Resolution # 2 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council move into Closed Session to consider:  personal matters about an identifiable individual, including Town employees (Recruitment) Carried 4. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 5. Motions/Notice of Motions 5.1 Resolutions Resulting from Closed Session Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT Council receives Report HR 19-05 – Chief Administrative Officer Resignation; AND THAT Council directs the Manager of Human Resources to provide recruitment options at the August 12, 2019 Council Meeting. Carried 6. Confirm Proceedings By-law Resolution # 3 Moved By: Councillor Esseltine Seconded By: Councillor Parker THAT By-Law 4329, to Confirm the Proceedings of the Council Meeting held on July 24, 2019, be read for a first, second, 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 7. Adjournment Page 27 of 611 3 Resolution # 4 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT the Special Council Meeting of Wednesday, July 24, 2019 be adjourned at 5:30 p.m. Carried Page 28 of 611 Page 29 of 611 Page 30 of 611 Page 31 of 611 Page 32 of 611 Page 33 of 611 Page 34 of 611 Page 35 of 611 Page 36 of 611 Page 37 of 611 Page 38 of 611 Page 39 of 611 Page 40 of 611 Page 41 of 611 Page 42 of 611 Page 43 of 611 Page 44 of 611 Page 45 of 611 Page 46 of 611 Page 47 of 611 Page 48 of 611 Page 49 of 611 Page 50 of 611 Page 51 of 611 Page 52 of 611 Page 53 of 611 Page 54 of 611 Page 55 of 611 Page 56 of 611 Page 57 of 611 Page 58 of 611 Page 59 of 611 Page 60 of 611 Page 61 of 611 Page 62 of 611 Page 63 of 611 Page 64 of 611 Page 65 of 611 Page 66 of 611 Page 67 of 611 Page 68 of 611 Page 69 of 611 Page 70 of 611 Page 71 of 611 Page 72 of 611 Page 73 of 611 Page 74 of 611 Page 75 of 611 Page 76 of 611 Page 77 of 611 Page 78 of 611 Page 79 of 611 Page 80 of 611 Community Planning P. O. Box 1614, 21 Reeve Street Woodstock Ontario N4S 7Y3 Phone: 519-539-9800  Fax: 519-421-4712 Web site: www.oxfordcounty.ca Our File: A 09-19 APPLICATION FOR MINOR VARIANCE TO: Town of Tillsonburg Committee of Adjustment MEETING: August 12, 2019 REPORT NUMBER: 2019-241 OWNER: Frances Tong 14 Victoria Way, Tillsonburg ON, N4G 0G6 APPLICANT: Richard Smith 14 Victoria Way, Tillsonburg ON, N4G 0G6 REQUESTED VARIANCES: 1. Relief from Section 6.2, – Zone Provisions (R1A) - Rear Yard Minimum Depth, to reduce the required rear yard depth from 10.5 m (34.5 ft) to 7.18 m (23.5 ft) to facilitate the construction of a sunroom addition;. 2. Relief from Section 6.2, – Zone Provisions (R1A) - Maximum Permitted Lot Coverage, to increase the maximum permitted lot coverage from 35% to 37% of lot area, to facilitate the construction of a sunroom addition. LOCATION: The subject property is described as Lot 35, Plan 41M-241, in the Town of Tillsonburg. The property is located on the east side of Victoria Way, south of Sanders Crescent and is municipally known as 14 Victoria Way, Tillsonburg. BACKGROUND INFORMATION: COUNTY OF OXFORD OFFICIAL PLAN: Schedule ‘T-1’ Town of Tillsonburg Land Use Plan Residential Schedule ‘T-2’ Town of Tillsonburg Residential Density Plan Low Density Residential Page 81 of 611 File Number: A-09-19 Report Number 2019-241 Page 2 TOWN OF TILLSONBURG ZONING BY-LAW: Low Density Residential Type 1A Zone (R1A) SURROUNDING USES: Low density residential uses consisting of single detached dwellings and townhouse dwellings are present to the north, east and north-west on Trailview Drive. Lands to the south and west are currently vacant but are part of the draft approved Victoria Woods residential plan of subdivision, and are planned for single detached dwellings and street fronting townhouse dwellings. COMMENTS: (a) Purpose of the Application: The owner/applicant are requesting relief from the above noted sections of the Town Zoning By- law to facilitate the construction of a sunroom addition at the rear of the existing single detached dwelling on the property. The subject property comprises approximately 558 m2 (6,015 ft2) and is currently occupied by an existing single detached dwelling (circ. 2017). The sunroom addition is proposed to the rear of the existing dwelling, and will have an approximate area of 11.3 m2 (121 ft2). The dimensions of the proposed sunroom are 3.5 m x 3.5 m (11.6’ x 11.6’). Plate 1, Existing Zoning & Location Map, shows the location of the subject property and the zoning in the immediate vicinity. Plate 2, Close-up of Subject Lands (2015 Air Photo) shows existing structures in the vicinity. The single detached dwelling present on the property was constructed after the aerial photography was taken. Plate 3, Proposed Sun Room Addition, shows the location, size and setbacks of the existing dwelling and proposed sunroom addition. (b) Agency Comments: The application was circulated to a number of public agencies and the following comments were received: Tillsonburg Building and By-Law Services Department, Town of Tillsonburg Engineering Services Department, and Tillsonburg Fire Services indicated they had no objection to the application. Public Notice was mailed to surrounding property owners on August 1, 2019 in accordance with the requirements of the Planning Act. As of the writing of this report, no comments or concerns had been received from the public. (c) Intent and Purpose of the Official Plan: The subject lands are designated Low Density Residential according to the County of Oxford Official Plan. Within the Low Density Residential designation, permitted land uses primarily consist of low density housing forms including single detached dwellings, duplexes and street Page 82 of 611 File Number: A-09-19 Report Number 2019-241 Page 3 fronting town houses as well as accessory uses thereto. The use of the lands for a single detached dwelling with a garage conforms to the Low Density Residential policies of the Official Plan. (d) Intent and Purpose of the Zoning By-law: The subject property is zoned ‘Low Density Residential Type 1A Zone (R1A)’, which permits a single detached dwelling and establishes setback requirements to lot lines, including a minimum rear yard depth of 10.5 m (34.5 ft), and a maximum lot coverage of 35%. The intent of the rear yard depth provision is to ensure that single detached dwellings maintain adequate setback to provide a buffer between neighbouring properties, and to maintain sufficient space for recreation and amenity areas. Rear yard space is also required to be maintained for drainage purposes. The intent of the lot coverage provision is to limit the extent of buildings/structures on a lot to ensure sufficient area is maintained for parking and private amenity area as well as ensuring the general lot grading for the overall subdivision and the individual lot are not negatively impacted. The lot coverage provision is also intended to ensure that the general scale of development is consistent and appropriate for the size of the lot. In this case, it is not anticipated that the reduced rear yard depth or increased lot coverage will have a negative impact on available amenity areas or lot grading and drainage swales. The proposed sunroom addition will remain 7.18 m (23.6’) from the rear lot line, providing sufficient outdoor amenity space. A lot grading plan will be reviewed as part of the building permit process to ensure the proposal will have no adverse drainage impacts and that required drainage swales can be accommodated. (e) Desirable Development/Use: It is the opinion of this Office that the applicant’s request can be considered minor and desirable for the development of the subject property. As the proposed relief is not anticipated to impact the ability of the property to provide adequate parking and amenity space, or negatively impact drainage, the requested relief can be considered minor. Sufficient separation will also be provided from property lines to allow for normal building maintenance and access. In light of the foregoing, it is the opinion of this Office that the requested relief is in keeping with the general intent and purpose of the Official Plan and Town Zoning By-law and should be given favourable consideration. Page 83 of 611 File Number: A-09-19 Report Number 2019-241 Page 4 RECOMMENDATION: That the Town of Tillsonburg Committee of Adjustment approve Application File A-09/19, submitted by Frances Tong, for lands described as Lot 35, Plan 41M-241, Town of Tillsonburg, as it relates to: 1. Relief from Section 6.2, – Zone Provisions (R1A) - Rear Yard Minimum Depth, to reduce the required rear yard depth from 10.5 m (34.5 ft) to 7.18 m (23.5 ft) to facilitate the construction of a sunroom addition;. 2. Relief from Section 6.2, – Zone Provisions (R1A) - Maximum Permitted Lot Coverage, to increase the maximum permitted lot coverage from 35% to 37% of lot area, to facilitate the construction of a sunroom addition. Subject to the following conditions: i. A building permit for the proposed sunroom addition shall be issued within one year of the date of the Committee's decision; ii. The relief granted by this application shall only apply to the proposed sunroom addition as illustrated on Plate 3 of Planning Report CP 2019-241. As the proposed variances are: (i) deemed to be minor variances from the Town of Tillsonburg Zoning By-law No. 3295; (ii) desirable for the appropriate development or use of the land; (iii) in-keeping with the general intent and purpose of the Town of Tillsonburg Zoning By- law No. 3295; and (iv) in-keeping with the general intent and purpose of the Official Plan. Authored by: original signed by Eric Gilbert, MCIP, RPP, Senior Planner Approved for submission by: original signed by Gordon K. Hough, RPP, Director Page 84 of 611 File Number: A-09-19 Report Number 2019-241 Page 5 Report Approval Details Document Title: A09-19_rpt.docx Attachments: - A-09-19 Report Attachments.pdf - a09-19t_appl-20190711.pdf Final Approval Date: Aug 1, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Aug 1, 2019 - 2:41 PM Page 85 of 611 July 24, 2019 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 510 Notes NAD_1983_UTM_Zone_17N 26 Meters Environmental Protection Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Plate 1: Location Map with Existing Zoning File No: A 09-19: Frances Tong Lot 35, Plan 41M-241, 14 Victoria Way, Tillsonburg Subject Lands Victoria Way Trailview Drive Sanders Crescent Denrich Avenue Kamps Crescent Page 86 of 611 July 24, 2019 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. This is not a plan of survey Legend 260 Notes NAD_1983_UTM_Zone_17N 13 Meters Environmental Protection Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Land Use Zoning (Displays 1:16000 to 1:500) Victoria Way Subject Lands Plate 2: Close-up of Subject Lands (2015 Air Photo) File No: A 09-19: Frances Tong Lot 35, Plan 41M-241, 14 Victoria Way, Tillsonburg Trailview Drive Page 87 of 611 Plate 3: Proposed Sun Room Addition File No: A 09-19: Frances Tong Lot 35, Plan 41M-241, 14 Victoria Way, Tillsonburg Page 88 of 611 000300895 A09-19 Page 89 of 611 Page 90 of 611 Page 91 of 611 Page 92 of 611 Council Delegation Request Members of the public or citizen group may submit a Delegation Request to speak at an open meeting of Council. Page 93 of 611 First Name * Robert Last Name * Shaw Street Address * 17 Nancy Court Town/City * Tillsonburg Postal Code * N4G 0G3 Phone Number * 905-846-6755 E-mail * irsshaw1@gmail.com Website Do you or any members of your party require accessibility accommodations? * Yes No Council Meeting Date * August 12, 2019 Subject of Delegation * Exemption from Zoning By-Law Name(s) of Delegates and Position(s) * Robert Shaw Ilda Shaw Name of Group or Person(s) being represented (if applicable) I acknowledge Delegations are limited to fifteen (15) minutes each. * I accept Page 94 of 611 Brief Summary of Issue or Purpose of Delegation * Request exemption from Section 5.1.3 of the Zoning By-Law to allow us to hold a garage sale on saturday's when weather permits from May to September. Will there be a Power Point presentation? * Yes No Have you been in contact with a Staff member regarding the Delegation topic? * Yes No If yes, please list the Staff member(s) you have been working with. * Mayor Stephen Molnar, Donna Wilson, Town Clerk 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 Page 95 of 611 Thank You Personal information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and mainted for the purpose of creating records that are available to the general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200 Broadway Street, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone 519-688-3009 Ext. 3224. Page 96 of 611 Council Delegation Request Members of the public or citizen group may submit a Delegation Request to speak at an open meeting of Council. Page 97 of 611 First Name * Tim Last Name * Thompson Street Address * 22A Centre Street Town/City * Norwich Postal Code * N0J1P0 Phone Number * 519-983-4526 E-mail * timthompson@mrrca.com Website Do you or any members of your party require accessibility accommodations? * Yes No Council Meeting Date * August 12, 2019 Subject of Delegation * Proposed new Multi-Use Recreational Trail between Norwich and Tillsonburg Name(s) of Delegates and Position(s) * Tim Thompson, chair of Norwich Community Group Name of Group or Person(s) being represented (if applicable) Norwich Springford Tillsonburg Recreational Trail Community Group I acknowledge Delegations are limited to fifteen (15) minutes each. * I accept Page 98 of 611 Brief Summary of Issue or Purpose of Delegation * To update Town of Tillsonburg council that there is a proposal to open a new recreational trail in 2020 that will connect to existing trails in Tillsonburg. The trail would connect at Cranberry Line at the North end of Tillsonburg. The trail is a previous rail corridor owned by the County of Oxford from Tillsonburg through Springford to Norwich. It is proposed that the trail would be leased from the county of Oxford to The Oxford County Trails Council and the Township of Norwich. Will there be a Power Point presentation? * Yes No Please attach a copy of your presentation. File Name Dr_f_ Pr__________ __ _________r_ C______.pdf 536.2 KB Have you been in contact with a Staff member regarding the Delegation topic? * Yes No If yes, please list the Staff member(s) you have been working with. * Rick Cox 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 Page 99 of 611 Thank You Personal information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and mainted for the purpose of creating records that are available to the general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200 Broadway Street, 2nd Floor, Tillsonburg, Ontario, N4G 5A7, Telephone 519-688-3009 Ext. 3224. Page 100 of 611 Norwich to Tillsonburg Multi-use Recreational Trail Town of Tillsonburg Council Meeting August 12, 2019 Tim Thompson, Norwich Community Group Page 101 of 611 Page 102 of 611 Norwich to Tillsonburg Multi-use Recreational Trail •County owned former railway corridor •Proposed land lease to Oxford County Trails Council (OCTC) & Norwich TWP •Norwich Community Group -OCTC sub-committee •Trail construction and O&M financed through fund raising Page 103 of 611 Norwich to Tillsonburg Multi-use Recreational Trail •Project has received support from Norwich TWP Council and County Council •Support is conditional on Public consultation and trail partnership agreement Page 104 of 611 Norwich to Tillsonburg Multi-use Recreational Trail NEXT STEPS: •Develop work plan and cost estimate •Fund raising •Develop draft trail partnership agreement •Public Consultation •Mail-out to adjacent landowners •Public meeting in November 2019 •Report back to Norwich TWP Council and County Council in Jan 2020 Page 105 of 611 Norwich to Tillsonburg Multi-use Recreational Trail •Connectivity to Tillsonburg trail network at Cranberry Line •Tillsonburg staff is invited to participate with Norwich Community Group •Further project details in County Council Report PW 2019-34 Page 106 of 611 Thank You Page 107 of 611 Page 108 of 611 The primary mission of the Tillsonburg Tri-County Agricultural Society is to promote and educate the community in the science of agriculture, horticulture, household arts, and family living. We encourage youth by providing competitions and exhibits during the annual county fair and educate the non-farm community of the importance of agriculture in their daily lives. Providing an attractive and functional facility is instrumental in promoting tourism in Tillsonburg and the year round use of the fairgrounds by H-4, and the general public. Page 109 of 611 Volunteers put in more than 6000 hours each year with events, meetings, and preparation Board of Directors, Committee and Volunteers includes over 45 members Office Hours: Monday to Friday open 7:00 pm –9:00 pm until the Fair Page 110 of 611 President Rosemary Dean 1st Vice President Tracy Green 2nd Vice President Tiffany Swick 3rd Vice President Glen Dunn Treasurer Bonnie Sitts Secretary Wendy Lamb Secretary Judith Becker Past President Mike Dean Home Craft President Beth Boughner Page 111 of 611 Opening Ceremonies Starting at 6:00pm Followed By Sr. Ambassador Crowning Jr. Ambassador Crowning Mini King & Mini Queen Crowning Mini Tractor Pulls Starting at 6:00pm Location: Track / Derby Area Page 112 of 611 Jr. Ambassador –Ashlynne Page 113 of 611 Comic-Con & Cosplay Contest Pop Culture 200 Prizes $500 in Vendors dollars Attending Storm Troopers, Spider-Man, Supergirl Baby Show Registration at 9:00am Location: Lions Den Pet Show Starting at 11:00am Location: Bandshell Rabbit Show Location: Poultry Barn Ice Cream Contest Starting at 2:00pm Location: Shows Wet & Wild Kid Zone Location: Shows Amazing Race Completion Attendance 6-8 Contestants They will be coming through the fair for one of there challenges Free limited quantity Comic Books giving away Saturday and Sunday Page 114 of 611 Dog Show Ice Cream Eating Contest Rabbit Club H4 Show Pet Show Page 115 of 611 Derby is at 2:00pm Thrillshow Products is doing the event New Derby Area Batman & Batmobile Sunday Only Page 116 of 611 Page 117 of 611 Pony Rides Friday and Sunday Only Petting Zoo Friday, Saturday and Sunday Educational Egg Display Friday, Saturday and Sunday Magical Midway Friday, Saturday and Sunday Page 118 of 611 You can view the following in the building Quilts Crafts Baking Goods Contest Winners Etc. Page 119 of 611 50 Vendors attending the event Homemade Crafters Direct Sales Health & Wellness 4 Food Vendors attending the event Tricity Kono Pizza Plunk Truck -Quesadilla, Nachos, Chilli Dogs Hawian Dairy –Ice Cream Eating Clouds –Bakery on Wheels Plus our Fair Food Booth Page 120 of 611 GENERAL ADMISSION: $8:00 CHILDREN 5 AND UNDER ARE FREE FRIDAY AUGUST 16 4:00PM TO 9:00PM SATURDAY AUGUST 17 9:00AM TO 9:00PM SUNDAY AUGUST 18 10:00AM TO 6:00PM $20 PRE SALE RIDE ALL DAY PASSES ON SALE UNTIL Aug 15th Available at Advanced Automotive, Fair Board Office Chrissy’s Corner Store, Go Glass Trinkets, Sammy Krenshan Page 121 of 611 Tri-County Agricultural Society P.O. Box 43 Tillsonburg, ON N4G 4H3 Phone: 519.842.5964 Fax: 519.842.2624 Website: www.mytillsonburgfair.com Email:ttriags@bellnet.net Rosemary Dean Fair President 519-688-0729 Email: advanceauto1@bellnet.ca Page 122 of 611 Page 123 of 611 Page 124 of 611 Report Title Town Hall Project Committee - Status Update and Public Consultation Report No. DCS 19-20 Author Cephas Panschow on Behalf of the Town Hall Project Committee Meeting Type Council Meeting Council Date AUGUST 12, 2019 Attachments Page 1 / 4 RECOMMENDATION THAT Council receive Report DCS 19-20 Town Hall Project Committee – Status Update and Public Consultation as information. EXECUTIVE SUMMARY The purpose of this report is to provide an update on the Town Hall Project to Council. This report is being provided on behalf of the Town Hall Project Committee. BACKGROUND Council approved the following resolution at their December 10, 2018 meeting: THAT Council receive the Town Hall Project Steering Committee Recommendation - Release of Request for Proposals as information; AND THAT staff be directed to move forward with the release of the Request for Proposal at this time. Subsequent to this, a Request for Proposal was released on January 18, 2019 to the three companies shortlisted earlier in the process. The original submission deadline was April 30, 2019, but due to delays in the process and requests from the bidding companies, the deadline was extended to June 6. Three proposal submissions were received by the deadline and the Town Hall Project Committee and staff have been meeting to review the proposals. At their June 24, 2019 meeting, the Town Hall Project Committee passed the following resolution: THAT the Town Hall Steering Committee accepts the staff recommendation that the three proposals have been deemed compliant, and the Committee accepts the proposals for consideration. Page 125 of 611 Page 2 / 4 CONSULTATION/COMMUNICATION At their July 8, 2019 meeting, the Committee reviewed the project schedule (see below) and determined that the Public Consultation should take place in early September in order to allow for a possible recommendation to Council by the end of September. Project Schedule Item Target Date Municipal Approvals Complete July - September Preferred Proponent Notified (target) September 30 Transaction Close To be negotiated The Committee also made a number of suggestions to consider for the Public Consultation sessions:  Provide a variety of Open House dates and times;  Consider starting the consultation with a social event;  Provide feedback sheets for residents to submit;  Provide summary financial information; and,  Ensure open house information is shared widely and to Town Advisory Committees, the Chamber of Commerce, BIA, etc. FINANCIAL IMPACT/FUNDING SOURCE There is no financial impact associated with this report. It should be noted that proceeding with a Design/Build Leaseback would likely result in an increase in annual lease costs to the Town. These costs will be brought forward for Council’s consideration as part of a future recommendation by the Committee. There is no commitment for the Town to proceed with any proposals received. COMMUNITY STRATEGIC PLAN 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core Page 126 of 611 Page 3 / 4 ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☒ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living Page 127 of 611 Page 4 / 4 Report Approval Details Document Title: Report DCS 19-20 Town Hall Project Committee - Status Update and Public Consultation.docx Attachments: Final Approval Date: Aug 6, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Aug 6, 2019 - 10:35 AM Page 128 of 611 Report Title 2019 Second Quarter Town Consolidated Results Report No. FIN 19 - 15 Author SHEENA PAWLIWEC, CPA, CGA Meeting Type Council Meeting Council Date August 12, 2019 Attachments 2019 Q2 Consolidated Results Page 1 / 3 2019 Second Quarter Town Consolidated Results RECOMMENDATION THAT Council receives report FIN 19-15 2019 Second Quarter Town Consolidated results as information. EXECUTIVE SUMMARY To provide Council with the January 1, 2019 to June 30, 2019 Town wide actual financial results. SUMMARY OF OPERATIONAL RESULTS The attached spreadsheet summarizes by department the variances between 2019 actual results for the second quarter (Q2) ended June 30, 2019 and the 2019 YTD budget. The Q2 results show an overall Town wide consolidated 2019 surplus of $908,792, however, most departments are anticipating meeting budget. The differences are due to timing of when revenues and expenditures are budgeted and posted to the Town’s general ledger. Questions or comments relative to the departmental 2019 Q2 revenues and expenditures should be referred to the other members of the Senior Leadership Team for commentary. COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability Page 129 of 611 Page 2 / 3 CAO Page 130 of 611 Page 3 / 3 CAO Report Approval Details Document Title: FIN 19-15 2019 Second Quarter Town Consolidated Results.docx Attachments: - FIN 19-15 2019 Q2 Consolidated Results.pdf Final Approval Date: Jul 31, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Jul 31, 2019 - 4:38 PM Page 131 of 611 2019 2019 Actual % YTD Budget YTD Actuals Variance Variance Revenues Levy, PILS (69,850) (69,335) 515 1% Grants (347,606) (1,082,346) (734,740) 211% User Charges (2,554,822) (2,688,815) (133,993) 5% Other Revenue (45,325) (86,187) (40,862) 90% Specified Revenue (4,895) (4,895) Contribution from Reserves (22,418) (22,418) Total Revenues (3,017,603) (3,953,996) (936,393)31% Expenditures Labour 4,606,144 4,539,016 (67,128) 1% Purchases 2,060,314 2,142,249 81,935 4% Contracted Services 2,521,485 2,427,863 (93,622) 4% Contribution to Reserves 38,000 157,327 119,327 314% Interfunctional Adjustments 269,578 272,877 3,299 1% Debt Principal & Interest 858,555 841,907 (16,648) 2% Total Expenditures 10,354,076 10,381,239 27,163 0% Total Net Levy 7,336,473 6,427,243 (909,230)12% Development Charges DC Revenue Collected (429,921) DC Contribution to Reserves 429,921 Page 132 of 611 INDEX 100 Council (2,601) 110 Finance (623,544) 120 CSC (8,711) 180 Protection 78 190 Building (179,150) 500 DCS 1,262 505 EcDev 3,160 150 Fire 42,595 160 Police 16,612 130 Fleet (35,430) 200 Op Admin (1,691) 210 Engineering (57,298) 220 Roads 33,461 230 Parking (3,437) 240 Airport 25,598 280 Solid Waste & Recycling (20,368) 480 Transit Services (5,707) 300 Cem (19,494) 450 Parks (29,909) 455 Community Events 3,789 460 Rec - Programs (33,470) 465 Rec - Bldg Mtce 13,375 467 EFC 4,814 475 Museum (22,734) 145 Hyd (9,992) 2019 Q2 surplus (908,792) Page 133 of 611 Report Title 2019 Second Quarter Corporate Services Results Report No. FIN 19-14 Author SHEENA PAWLIWEC, CPA, CGA Meeting Type Council Meeting Council Date AUGUST 12, 2019 Attachments 2019 Q2 Corporate Services Results Page 1 / 3 10274963253,,,FIN 19-14 2019 Second Quarter Corporate Services Results RECOMMENDATION THAT Council receives report FIN 19-14 2019 Second Quarter Corporate Services results as information. SUMMARY To provide Council with the actual January 1, 2019 to March 31, 2019 Corporate Services financial results. Table 1: 2018 Operations Business Plan Objective Target Date Status RFP for Audit Services Q3 Q2 Completed Development Charges Q2 Completed Paperless Billing Tree Program Q1 – Q4 In progress Implement County Amanda Software Building Permit Corporate Services Licenses and Citizens Requests Q1 Q3 Q4 County wide implementation delayed Cash Management – New Investment Policy Q3 Review & Revise Purchasing Policy Q2 Q3 Town Hall Q2 Q3 In progress Strategic Plan Q2 Q3 Local Government Week Q4 Central Records Repository Project Q4 Physician Recruitment Q4 In progress IT – Cyber Security Plan for THI and Town Q2 Q1 to Q4 New spam software installed Monthly reporting to Management Q1 Q4 In progress for Q4 Page 134 of 611 Page 2 / 3 2019 Second Quarter Corporate Services Results Table 2: 2019 Capital Summary Table 3: 2019 Additional Information Objective Target Date Status Audited 2018 Financial Statements Q2 Completed County Water Billing Contract Q3 In Progress FINANCIAL IMPACT/FUNDING SOURCE The 2019 first quarter Corporate Services is $626,845 under budget due to one-time funding from the Province of $623,000. This is broken down as follows: Department 100 – Council $ (2,601) Department 110 - Finance (623,711) Department 120 - Customer Service (533) $ 626,845 Details on major variances can be found in the attached Q2 results spreadsheet. Objective Target Date Status Ergonomic Changes at CSC Q2 Completed New Conference Room AV Equip Q4 Q3 Telephone Replacements Q2 Q3 Work Order Management Q4 In progress Computer Replacements Q4 In progress Page 135 of 611 Page 3 / 3 2019 Second Quarter Corporate Services Results Report Approval Details Document Title: FIN 19-14 2019 Second Quarter Corporate Services Results.docx Attachments: - FIN 19-14 2019 Q2 Corporate Services Results.pdf Final Approval Date: Jul 29, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Jul 29, 2019 - 10:47 AM Page 136 of 611 2019 2019 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants (179,600) (917,772) (738,172) 411% 1 User Charges (19,252) (19,959) (707) 4% Other Revenue (11,498) (44,812) (33,314) 290% 2 Contribution from Reserves (6,118) (6,118) Total Revenues (210,350) (988,661) (778,311) Expenditures Labour 688,114 693,599 5,485 1% Purchases 259,965 301,493 41,528 16% 3 Contracted Services 254,034 255,012 978 0% Contribution to Reserves 107,910 107,910 100% 4 ,2 Debt Principal & Interest 51,165 49,864 (1,301) 3% Total Expenditures 1,253,278 1,407,878 154,600 12% 0 Total Net Levy 1,042,928 419,217 (623,711)60% 0 Development Charges DC Revenue Collected (10,915) DC Contribution to Reserves 10,915 Notes 2 Bank interest earned relating to Reserve account - $33,500 4 OCIF formula funding contributed to reserves - $74,100; Bank interest earned relating to Reserve account $33,500 1 Provincial Grant over $738,200 - $623,000 - Onetime funding from MMAH for efficiencies, 1/3 of OCIF Formula funding - $74,100; Additional OMPF grant $31,700, Cannabis Grant $9,500 3 Interest & Finance Charges - over $19,700; Memberships Expense over $9,100; HLW expense over $7,000; supplies Expense over $7,000; Rent Expense under $11,100 Page 137 of 611 2019 2019 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (129,390) (137,568) (8,178) 6% 1 Total Revenues (129,390) (137,568) (8,178)6% 0 Expenditures Labour 223,888 225,720 1,832 1% Purchases 47,100 40,532 (6,568) 14% 2 Contracted Services 15,573 19,815 4,242 27% Interfunctional Adjustments (123,600) (123,632) (32) 0% Debt Principal & Interest 1,400 1,393 (7) 1% Total Expenditures 164,361 163,828 (533)0% 0 Notes 1 Rent revenue over $8,600 2 Equipment Supplies & Repairs Expenses under $4,500 Page 138 of 611 2019 2019 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Total Revenues 0 Expenditures Labour 93,816 86,885 (6,931) Purchases 130,618 134,944 4,326 3% Interfunctional Adjustments 12,398 12,402 4 0% Total Expenditures 236,832 234,231 (2,601)1% 0 Total Net Levy 236,832 234,231 (2,601)1% 0 Notes Page 139 of 611 Report Title 2019 Second Quarter Economic Development & Marketing Results Report No. DCS 19-24 Author Cephas Panschow Meeting Type Council Meeting Council Date August 12, 2019 Attachments Page 1 / 6 8204243266,,,DCS 19-24 2019 Second Quarter Economic Development and Marketing Results RECOMMENDATION THAT Council receives report DCS 19-24 2019 Second Quarter Economic Development & Marketing Results as information. EXECUTIVE SUMMARY The purpose of this report is to provide Council with an overview of second quarter activity, business plan objectives, and financial results. BACKGROUND Economic Development Activity In general, 2019 metrics year to date are all above 2018 metrics with client visits being significantly above both 2018 actuals and 2019 targets. In addition to this, staff has participated in a number of outbound investment attraction initiatives and also hosted a trade mission delegation from India. Q1 2018 (ACTUAL) Q2 2019 (TARGET) Q2 2019 (ACTUAL) Lead Files Opened 29 50 33 Lead Files Closed 26 60 31 Corporate Visits 14 12 13 Client Visits 12 10 18 New Businesses Opened 12 7 15 Businesses Closed 5 N/A 2 Website Activity (Main Business Page) 1,048 1,700 909 Page 140 of 611 Page 2 / 6 CAO Website Activity (Business Directory) 2,058 3,200 2,340 The below tables summarize the status of the 2019 Business Plan Operating and Capital Budget objectives. Table 1: 2019 Business Plan Objectives – Operating Budget Objective Budget Value Target Date Status Residential Marketing Campaign $26,000 Q Q1-Q41- Q4 New website launched. New marketing program developed. Partnership re-invigorated. Downtown Community Improvement Plan (Façade) $25,000 Q1-Q4 Funding in partnership with Downtown Business Improvement Association Community Improvement Plan $20,000 Q1-Q4 In process. Three applications received/processed. Mission to Asia (SOMA) $10,600 (SOMA Reserve) Q4 Planning/feasibility underway Economic Development Strategy Review $10,000 (ED Reserve) Q4 Not initiated Downtown Revitalization $2,000 Q2 Q3 Retail Gap Analysis report approved in principal by Council at their July 8, 2019 meeting. Implementation in process. Enhanced External Communications – Review of existing and future $0 Q2 Q3 Not initiated due to other objectives added to business plan Branding – Wayfinding Signage & Ongoing $30,000 Q1 – Q4 Report to Council with signage plan in process Chamber Sponsorship (Grant for Gala) $4,000 Q2 Completed in Q2 Chamber Sponsorship (Awards) $3,800 Q2 Completed in Q2 Youth Robotics Challenge $1,000 Q4 Not initiated Page 141 of 611 Page 3 / 6 CAO Bridges to Better Business $1,000 Q4 Not initiated Service Delivery Review $0 Q4 Not initiated Vacant 5 year rebates (Commercial/Retail) $0 Q2 Q3 Not initiated Consultations for Mall Parking Lot Reconfiguration $0 Q1to Q2 Q3 Initial plans prepared. Consultation being planned in conjunction with Building Bylaw and Planning Manufacturing Acceleration Program – Review/extend MOU with Isah Software $0 Q1 to-Q2 Q3 Review initiated. New MOU terms to be developed Western Region Ringette Association – Regional Event $0 Q1-Q2 Completed. First ever Tillsonburg Event Guide produced and distributed in advance of event. Table 2: 2019 Business Plan Objectives – Capital Budget Objective Budget Value Target Date Status Hwy 3 Business Park - Determine start of Clearview Dr Construction 2018 Budget Q1-Q4 Awaiting Detailed Design, Servicing Report and Tender from consultant. Table 3: Additional Business Plan Objectives The below is a summary of activities, in addition to those in the Business Plan, that were added to the workplan for the Second Quarter. Objective Details Town Hall Project Committee Extensive work to review and evaluate proposals received along with support for the Committee’s evaluation. Municipal Access Agreement Update of 2015 template to current standards including merging of town requirements into a new version and entering into a second agreement. Turtlefest Supported volunteer committee prior to and during event. Page 142 of 611 Page 4 / 6 CAO Goals For Next Quarter (Q3 2019) Objective Details Downtown Revitalization Action the implementation plan from the Retail Gap Analysis report Enhanced External Communications Review of existing and future needs Branding – Wayfinding Signage Complete signage enhancement plan and bring forward to Council Vacant 5 year rebates (Commercial/Retail) Develop enhanced plan and bring forward to Council Manufacturing Acceleration Program Review/extend MOU with Isah Software and GWA Business Solutions Turtlefest 2019 Support Committee in their 2019 review, incorporation and reporting to Council CONSULTATION/COMMUNICATION The reporting of quarterly results helps demonstrate accountability to Senior Leadership, Town Council, and the public. In addition to this, the Economic Development Advisory 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 first quarter of 2019 are as follows: Department Variance Explanation Economic Development $3,160 No significant variances from budget. Agricultural Land Rent under by $5,500 Development & Communications $1,262 No significant variances from budget Page 143 of 611 Page 5 / 6 CAO COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living Page 144 of 611 Page 6 / 6 CAO Report Approval Details Document Title: DCS 19-24 2019 Second Quarter Economic Development and Marketing Results.docx Attachments: Final Approval Date: Aug 7, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Aug 7, 2019 - 3:04 PM David Calder - Aug 7, 2019 - 3:26 PM Donna Wilson - Aug 7, 2019 - 4:00 PM Page 145 of 611 2019 2019 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (5,748) (5,748) 100% 1 Total Revenues (5,748) (5,748)#DIV/0! #DIV/0! Expenditures Purchases 25,500 32,530 7,030 28% 2 Interfunctional Adjustments 2,002 1,998 (4) 0% Debt Principal & Interest 32,500 32,484 (16) 0% Total Expenditures 60,002 67,012 7,010 12% 0 Total Net Levy 60,002 61,264 1,262 2% 0 Notes 1 Discover Tillsonburg Advertising Rev over $5,700 2 Discover Tillsonburg Advertising Expense over $5,000 Page 146 of 611 2019 2019 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants (2,500) (4,500) (2,000) 80% User Charges (52,340) (46,813) 5,527 11% 1 Other Revenue (1,000) (1,000) 100% Total Revenues (54,840) (52,313) 2,527 0 Expenditures Labour 143,464 140,154 (3,310) 2% Purchases 91,096 90,658 (438) 0% Contracted Services 4,396 4,396 100% Contribution to Reserves 38,000 38,000 0% Interfunctional Adjustments (7,004) (7,008) (4) 0% Debt Principal & Interest 15,010 14,999 (11) 0% Total Expenditures 280,566 281,199 633 0% 0 Total Net Levy 225,726 228,886 3,160 1% 0 Notes 1 Rent Revenue under $5,500 -Agricultural Land Rental Page 147 of 611 Report Title 2019 Second Quarter Report Building, Planning & By- Law Services Report No. DCS 19-21 Author Geno Vanhaelewyn, Chief Building Official Meeting Type Council Meeting Council Date AUGUST 12, 2019 Attachments Q2 Financial Summaries RECOMMENDATION THAT Council receives Report DCS 19-21 - 2019 Second Quarter Report Building, Planning & By-Law Services as information. EXECUTIVE SUMMARY This report contains information on activity volumes, trends over time, financials and updates on major initiatives. The statistics provided are inclusive from January 1, 2019 to June 30, 2019. BUILDING SERVICES Tillsonburg has continued to witness strong activity in construction in terms of total value of construction although the total number of permits issued has decreased slightly. The residential housing market has continued to be the main contributor of these statistics. The commercial sector leveled back off while the industrial and institutional sectors remained fairly consistent compared to previous years. These activities are noted in the tables below. 2019 – Building Permit Activity Overview – (Jan 1/19 – June 30/19 inclusive) Total Permits Issued 204 Total Construction Value $33,076,609 Total Permit Revenue $355,178 Page 148 of 611 2 CAO VALUE OF CONSTRUCTION COMPARISON Value of Construction Comparisons – Jan 1, 2019 – June 30, 2019 TYPE 2013 2014 2015 2016 2017 2018 2019 Residential (Value) 6,169,114 7,854,086 7,614,660 10,673,174 12,416,246 17,441,481 27,871,544 Commercial (Value) 565,057 693,799 154,300 1,615,705 1,205,305 6,245,180 1,467,125 Industrial (Value) 2,146,100 1,052,500 92,600 92,000 488,254 708,702 205,900 Institutional (Value) 791,175 4,393,400 1,362,173 13,114 4,000 2,336,665 3,532,040 TOTAL 9,671,446 13,993,785 9,223,733 12,393,993 14,113,805 26,732,028 33,076,609 RESIDENTIAL $27,871,544 COMMERCIAL 1,467,125 INDUSTRIAL $205,900 INSTITUTIONAL $3,532,040 Page 149 of 611 3 CAO Number of Permits Issued - Jan 1, 2019 – June 30, 2019 TYPE 2013 2014 2015 2016 2017 2018 2019 Single Detached Dwellings 26 38 27 50 48 50 30 Total Dwelling Units 29 41 50 50 52 78 110 Total All Permits 162 185 155 202 239 239 204 Residential Development - Jan 1, 2019 – June 30, 2019 DEVELOPER NUMBER OF SINGLE DETACHED DWELLINGS Hayhoe Homes 12 Wagler Homes 1 Bamford Homes – South Ridge Heights 1 Oxford Builders – Annandale Phase 7 2 Trevalli Homes Ltd – William Street 1 Gentrac Homes 0 Riviera Homes 8 Dalm Construction 2 Misc. 1 Private 2 Inspection Activity Comparisons - Jan 1, 2019 – June 30, 2019 Output Measures/Activity 2014 2015 2016 2017 2018 2019 Building Inspections Completed 703 741 871 1022 988 843 Major Construction/Development Projects:  360 Quarter Town Line – new townhouse condo complex  253 Broadway – new commercial/residential apartments  136 Concession St E- new 5 story/49 unit apartment building  3 John Pound- new 4 story/33 unit apartment building  83 Rolph Street - Public School conversion to apartments  Andrews Crossing Subdivision- Phase 1 & 2  Sandy Court Subdivision Page 150 of 611 4 CAO Building Financial Impact Financial records indicate that the Building sector has a surplus of $179,150 ending Q2. The ongoing permit activity is a direct result of the increased revenue found in the attached financial summary to this report. The forecast at this time for year end is to be under budget. PLANNING SERVICES 2019 – Planning Activity - Jan 1, 2019 – June 30, 2019 Output Measures/Activity 2014 2015 2016 2017 2018 2019 Minor Variance Applications 1 5 7 6 13 7 Zone Change Application 2 4 4 8 4 7 Site Plan Formal Consultations 2 2 2 3 0 2 Site Plan Approvals 4 3 2 2 5 6 Site Plan Applications (in progress) 3 6 7 3 9 4 Subdivision Agreements 0 2 2 2 0 2 Pre-Servicing Agreements 0 0 0 0 3 1 Site Plan Applications (in progress)  17 Wren Court – Town House Apartments  183 Tillson Avenue – Existing Site  671 Broadway- Glassford’s  540 Broadway- Burger King  18 Harvest Ave- First Baptist Church BY-LAW SERVICES All records were not available for analysis and the records that were available are provided in the table below. Parking tickets issued are up slightly from previous years and overall animal tags issued are down slightly. Page 151 of 611 5 CAO 2019 – By-Law Activity - Jan 1, 2019 – June 30, 2019 Output Measures– Quantity 2014 2015 2016 2017 2018 2019 Parking Tickets Issued 240 337 573 394 366 382 Animal Tags Issued Cats 886 845 1121 948 848 1129 Dogs 1686 1815 1842 1973 2254 1909 Enforcement – Complaints and Occurrences Parking, Noise, Garbage, Taxi 96 103 62 86 90 - Property Stds, Zoning, Clean Yard, Sign, Fence, etc. 116 113 143 152 137 - Animal Control 196 184 179 160 139 - By-Law Services has a vacant By-Law/Property Standards Officer position and is currently in the recruiting process. Due to the 50% reduction in By-Law staffing it is expected that a response for by-law service will be delayed until the position has been filled and the new recruit has completed orientation and training. By-Law Financial Impact Financial records indicate that the Protection/By-Law sector is slightly over budget $78 ending Q2. The forecast at this time for year end is to be on budget. A copy of the financial summary has been attached to this report. DEPARTMENTAL TASKS/BUSINESS OBJECTIVES Objective Target Project Status Implement Amanda Building Permitting Software Solution Q2 Q3 Completed Communicate Building Code Amendments Ongoing In Progress Develop Post-Disaster Event Protocol/Procedures Q4 Not Started By-Law Reviews - Noise Q4 Completed By-Law Reviews – Animal Control, Traffic Q4 Not Started Camera Installation at Library Lane – Monitor Alley Dumping Q2 Q3 In Progress Central Area Design Study – Vehicular/Pedestrian Movement Reconfiguration – Town Centre Mall Rear Entrance Proposal Q3 In Progress Central Area Design Study – Public Objectives – Alley Connecting Walkways Proposal Q3 In Progress Page 152 of 611 6 CAO Central Area Design Study – Façade Improvement Program Q4 In Progress Review Planning Process & Procedures Q1 Completed Zoning By-Law Review & Housekeeping Amendments Q1 Q4 In Progress Review Site Plan Approval By-Law & Process Q1 Completed Page 153 of 611 7 CAO Report Approval Details Document Title: DCS 19-21 2019 Second Quarter Building, Planning and By-Law Services.docx Attachments: - 2019 Q2 - Dept 190 Building Quarterly Report Budget vs Actuals.pdf - 2019 Q2 - Dept 180 Protection Quarterly Report Budget vs Actuals.pdf Final Approval Date: Aug 6, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Aug 6, 2019 - 4:00 PM Page 154 of 611 2019 2019 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (185,337)(372,532)(187,195)101%1 Total Revenues (185,337)(372,532)(187,195)101%0 Expenditures Labour 195,391 202,780 7,389 4% Purchases 20,031 20,661 630 3% Interfunctional Adjustments 16,702 16,728 26 0% Total Expenditures 232,124 240,169 8,045 3%0 Total Net Levy 46,787 (132,363)(179,150)383%0 Notes 1 Permit revenue over $181,100 - Any surplus will be contributed to the Building Department Reserve at Year End; Misc Revenue over $11,100 - Zone Changes, Minor Variances Page 155 of 611 2019 2019 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (64,749)(50,147)14,602 23%1 Total Revenues (64,749)(50,147)14,602 23%0 Expenditures Labour 116,270 110,478 (5,792)5%2 Purchases 15,039 6,403 (8,636)57%3 Contracted Services 6,273 6,173 (100)2% Interfunctional Adjustments 14,348 14,352 4 0% Total Expenditures 151,930 137,406 (14,524)10%0 Total Net Levy 87,181 87,259 78 0%0 Notes 1 Licence Fees under $14,200 - Animal control $6,300 & General under $7,900 2 PT labour under $8,400 - School crossing guards 3 Special Projects under $6,400 - Docupet Page 156 of 611 Report Title Second Quarter Report 2019 Department Results Report No. FRS 19-07 Author Terry Saelens Meeting Type Council Meeting Council Date August 12, 2019 Attachments Q2 Financial Information Fire Service Q2 Financial Information Police Service Page 1 / 4 10294714421,,,FRS 19-07 Second Quarter Report Fire Services RECOMMENDATION THAT Report FRS 19-07 Second Quarter 2019 Department Results be received for information. EXECUTIVE SUMMARY To provide Council with the April 1, 2019 to June 30, 2019 Fire & Rescue Services performance results. SUMMARY OF OPERATIONAL RESULTS 2019 Business Objectives Objective Target Date Status Continued Training and Implementation of Cad Upgrade at Fire Comm. (continuation of 2018) Ongoing Ongoing Tired Medical Agreement to EMS Q3 Complete Low Angle Rescue Equipment Purchase Q2 Complete Multi- Year Firefighter Training ( 3 Year) Q3 Complete Traffic Signal Priority Control System Q3 Incomplete Training and commissioning of New Aerial Platform Q2 Complete Firefighter Reserve Program 2018 / 2019 Q2 Complete Fire Commutations Customer Development Ongoing Ongoing Fire Ground Equipment Purchase Q3 In Progress Reserve Firefighter Program 2020 Q4 In Progress Succession Management Ongoing Officer Development Training File Conversion Training and Management Q3 Incomplete Driver Training Accreditation Program Q3 Ongoing CEMP Update Ongoing Incomplete Horizon Set up and Tablets for Fire Trucks and Hall Q3 Incomplete Page 157 of 611 Page 2 / 4 CAO Key Indicators 26 Firefighters on average attended training exercises with an average participation rate of 84%. The year to date average is 24 Firefighters attending an average of 77% of training exercises. The Average firefighter, year to date, has attended 84% of “Platoon” calls and 51% of “All Calls”. 2019 Alarm Data (Year to Date) OFM Response Type Total Incidents Total Staff Hours Property Fires/Explosions 5 82 Burning Controlled 6 64 Pre Fire Conditions/ No Fire 5 58 False Fire Calls 46 259 Carbon Monoxide False Calls 18 95 Public Hazard 10 45 Rescue 17 52 Medical/Resuscitator Call 5 15 Other Response 5 13 YTD 117 683 2019 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 0 Q2 3 30,000 62,200 Q3 Q4 Year to Date Total Fire Loss (structure & contents): $92,000 Fire Prevention Inspections 2nd Quarter 2019 Year to Date Assigned 1 11 In Progress 3 3 Follow Up 0 3 Legal Action 0 0 Rescinded 0 0 Closed 1 14 Page 158 of 611 Page 3 / 4 CAO Apparatus Utilization Apparatus 2019 2nd Quarter 2019 Year to Date 2018 2nd Quarter 2018 Year End Car 1 3 4 14 36 Car 2 7 7 19 48 Pumper 1 42 81 50 169 Pumper 2 12 24 20 52 Rescue 3 10 20 20 38 Aerial 4 24 45 40 69 Public Education Types 2019 2nd Quarter 2019 Year to Date 2018 2nd Quarter 2018 Year End Station Tours 6 7 4 12 Presentations 3 5 5 21 Newspaper/Media 1 1 0 1 Charity Event 5 8 4 5 Age Groups Served – 2019 YTD Under 5 156 Ages 5 10 207 Ages 11-15 340 Ages 16 -25 110 Ages 26 -54 324 Ages 55 Plus 194 All Ages 235 2019 YTD 1341 Fire Communication Report Town of Tillsonburg Calls 2019 2nd Quarter On Call Called Out 2019 YTD On Call Called Out YTD Town Administration 429 N/A 559 N/A OPP 28 N/A 57 N/A Roads 39 17 84 26 Hydro 102 16 181 32 Water/Waste 46 7 105 19 By-Law Enforcement/Parking 6 0 20 0 Animal Control 66 7 125 10 Garbage Collection/Transfer Station 41 5 88 6 Fleet 2 1 3 1 Community Centre/Parks 53 0 114 4 Facilities 60 1 106 1 ++++ Page 159 of 611 Page 4 / 4 CAO Tillsonburg Fire 2019 2nd Quarter 2019 YTD Administration Lines 38 88 Emergency Calls 170 330 Non Emergent Calls 410 636 Side Door 59 125 Fire Incidents 117 171 Fire Comm 2019 2nd Quarter 2019 YTD Emergency Calls 391 2517 Non Emergent Calls 1719 4724 Fire Incidents 716 1475 FINANCIAL IMPACT/FUNDING SOURCE Fire & Rescue Service is currently $42,595 over budget. Police Services are $16,612 over budget. The financial forecast for Fire & Rescue Services through to December 31, 2019 is to be $20,000 over budget. Page 160 of 611 2019 2019 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (103,851) (112,639) (8,788) 8% Total Revenues (103,851) (112,639) (8,788)8% 0 Expenditures Labour 527,211 574,179 46,968 9% 1 Purchases 130,557 130,676 119 0% Contracted Services 46,442 48,989 2,547 5% Interfunctional Adjustments 133,096 134,925 1,829 1% Debt Principal & Interest 20,930 20,850 (80) 0% Total Expenditures 858,236 909,619 51,383 6% 0 Total Net Levy 754,385 796,980 42,595 6% 0 Development Charges DC Revenue Collected (49,604) DC Contribution to Reserves 49,604 Notes 1 Labour- HR contract payouts & Fire Comm Overtime Page 161 of 611 2019 2019 Actual % Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants (70,654) (69,731) 923 1% User Charges (158,766) (157,869) 897 1% Total Revenues (229,420) (227,600) 1,820 1% 0 Expenditures Labour 52,611 50,394 (2,217) 4% Purchases 31,846 38,057 6,211 20% 1 Contracted Services 1,636,598 1,647,400 10,802 1% Interfunctional Adjustments 3,802 3,798 (4) 0% Total Expenditures 1,724,857 1,739,649 14,792 1% 0 Total Net Levy 1,495,437 1,512,049 16,612 1% 0 Development Charges DC Revenue Collected (895) DC Contribution to Reserves 895 Notes 1 Building Repairs & Maintenance Expense over $9,100 - Heating & cooling break downs Page 162 of 611 Report Title 2019 Second Quarter Operations Services Report No. OPS 19-34 Author Kevin De Leebeeck, P.Eng. Director of Operations Meeting Type Council Meeting Council Date August 12, 2019 Attachments  Operating Summaries Page 1 / 6 RECOMMENDATION: THAT Council receive Report OPS 19-34, 2019 Second Quarter Operations Services as information. SUMMARY To provide Council with the January 1, 2019 to June 30, 2019 Operations Services financial results. Table 1: 2019 Operating Business Plan Objective Target Project Status Continue implementation of records management within Public Works, Engineering and Water/Wastewater Q1 – Q4 In Progress Revitalization and Implementation of In-Town Transit Service Q1 – Q4 In Progress Development and Implementation of Inter-Community Transit Service Q1 – Q4 In Progress Continue implementation of Corporate service request and work order management system Q2 Q4 In Progress Continue Corporate Fleet CVOR Compliance Initiative Q1 – Q4 In Progress Downtown Sidewalk By-law 2189 Update Q2 Q3 Not Started Downtown Municipal Parking Lot accessible parking stall location improvements Q2 In Progress Negotiations of West Town Line Boundary Road Agreement Q2/Q3 Not Started Renegotiations of Solid Waste and Recycling Collection Agreement with Oxford County Q2/Q3 On Hold Renegotiations of Urban Road Maintenance Agreement with Oxford County Q4 On Hold Renegotiations of Water Distribution and Wastewater Collection Agreement with Oxford County Q3/Q4 On Hold Page 163 of 611 Page 2 / 6 Develop & Implement Phase 1 of the Leak Detection Program Q2 Not Started Continue Implementation of Manhole Assessment Program Q1 – Q4 In Progress Develop a Comprehensive Wastewater Inspection and Maintenance Program Q4 Not Started Update Engineering Design Criteria to current industry standards & practices Q2/Q3 In Progress Review and Revise Engineering Rates & Fees structure Q4 Not Started Asset Management  Develop and Approve AMP Policy Q2 Completed  Continue AMP Implementation Project Q3 Q4 In Progress  Commence Level of Service performance measures Q2/Q3 In Progress  Improve Capital Plan based on detailed AMP analysis Q4 Not Started Table 2: 2019 Capital Business Plan Objective Target Project Status Airport Feasibility Analysis Q2 Q3 Bid Awarded Airport Taxiway G3 Northerly Extension (25ft x 250ft) Q3 Not Started Public Works Yard Environmental Assessment Q3/Q4 Not Started Railway Crossing Safety Improvements (various locations) Q2/Q3 In Progress Sidewalk Connectivity Program Implementation Q3 In Progress Replacement of Survey Equipment Q1 Completed 2018 CFWD - Big Otter Creek / Old Vienna Rd Slope Stability Design Study Q3 In Progress Broadway & Ridout Intersection Audible and Accessibility Upgrades Q3 Bid Awarded Broadway mid-block angled accessible parking stalls Q2/Q3 Bid Awarded Broadway & Trans Canada Trail PXO Q3 Bid Awarded OSIM Bridge, Culvert & Retaining Wall Inspections Q2/Q3 In Progress Kinsmen Pedestrian Bridge Enhanced OSIM Inspection Q3 In Progress Gibson Pedestrian Bridge Removal Q3/Q4 Not Started Page 164 of 611 Page 3 / 6 Hawkins Pedestrian Bridge Shoreline Protection Q3 Not Started Asphalt Resurfacing Program Q2/Q3 In Progress North Park Phase 1 Rehabilitation (Langrell Ave.) Q2/Q3 In Progress The Links Subdivision Rehabilitation (Fairway, Green Eagle, Birdeway) Q2/Q3 In Progress Bradburn Reconstruction – Stage 2 of 2 (James Hilldrop, Fairview) Q3 Q2 In Progress Reconstruction of Lowrie, Reid & Jane St. Q2 In Progress Concession St. W. Urbanization (QTL to West Town Limit) Q2/Q3 Bid Issued Oak Park Estates Subdivision Servicing (3 Lots) Q2 In Progress Potters Road Streetlight Extension (Lorraine to Harvest) Q1 Completed Young Street Storm Outlet Class Environmental Assessment (reserve contribution) Q2 Completed Light Duty Vehicle Replacements  Roads Unit #21 – Lightly Used Pickup Truck Q2 Completed  Engineering Unit #19 – Reassigned Pickup Truck Q2 Q4 Not Started  Hydro Unit #26 – Lightly Used Pickup Truck Q2 Completed Medium Duty Vehicle Replacements  Roads Unit #47 – New Service Truck Q2 Q3 Not Started Heavy Duty Vehicle Replacements  2017 CFWD – Hydro Unit #74 – Utility Truck Q3 Q2 Bid Awarded  Roads Unit #61 – New Cab & Chassis Q1-Q3 In Progress Off Road Equipment Replacements  Roads Unit #81 – New Front End Loader Q3 Bid Awarded  Facilities Unit #116 – New Ice Resurfacer Q3 Q2 Bid Awarded Page 165 of 611 Page 4 / 6 Table 3: Items Added to 2019 Business Plan Objective Target Project Status Airport Taxiway G1 & G3 Development Plans Q2 Completed Airport Development Manual Q3 In Progress Airport Commercial Taxiway Rehabilitation Q3 Not Started Airport Risk Assessment of Public Access Q3 Bid Awarded Airport Hydro Load Capacity Testing Q3 Not Started ICIP Grant Application - Concession St. W. Reconstruction Q2 Completed NRC Grant Application - Level 3 EV Charging Station Q2 Completed KHCL Grant Application - Oxford/Simcoe St. Rehabilitation Q2 Completed Key indicators measure growth in terms of infrastructure i.e. Roads, Sewers, Watermain, Sidewalk, etc. and the associated maintenance level of service. The Towns ability to mitigate the associated incremental costs to maintain the additional infrastructures demonstrates the efficiencies of continuous internal improvement. Key Indicators 2018 2017 2016 2015 2014 2013 Roads (Lane km) 235.1 233.6 229.4 226.8 226.1 225.5 Sidewalks (km) 97.4 96.6 94.2 91.6 89.5 89.1 GOALS FOR NEXT QUARTER  Issue remaining infrastructure capital projects and commence construction  Complete accessible parking and traffic management capital initiatives  Continue records management and work order management implementation  Issue RFP for Public Works Yard EA  Continue summer maintenance operations Page 166 of 611 Page 5 / 6 FINANCIAL IMPACT/FUNDING SOURCE The consolidated 2019 Q2 Operations Services overall variance is summarized in Table 4. Table 4: Second Quarter Budget vs. Actual Variance Summary Department (Surplus) / Deficit Operations Administration (1,691) Engineering Services (57,298) Public Works 30,024 Airport Operations 25,598 Waste Management (20,368) Fleet Services (35,430) Transit Services (5,707) Total Variance (64,872) Projection of variances to December 31, 2019 is summarized in Table 3. Table 3: 2019 Annual Projection Summary Department (Surplus) / Deficit Operations Administration - Engineering Services (10,000) Public Works 30,000 Airport Operations - Waste Management - Fleet Services - Transit Services - Total Variance 20,000 Page 167 of 611 Page 6 / 6 Report Approval Details Document Title: OPS 19-34 2019 Second Quarter Operations Services.docx Attachments: - OPS 19-34 Attachment 1 - Operating Summaries.pdf Final Approval Date: Aug 6, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Aug 1, 2019 - 12:17 PM David Calder - Aug 1, 2019 - 1:02 PM Donna Wilson - Aug 6, 2019 - 9:27 AM Page 168 of 611 2019 2019 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (713,424)(739,321)(25,897)4% Total Revenues (713,424)(739,321)(25,897)4%0 Expenditures Labour 158,645 156,103 (2,542)2% Purchases 264,384 256,057 (8,327)3% Contracted Services 5,500 6,751 1,251 23% Interfunctional Adjustments 3,848 3,852 4 0% Debt Principal & Interest 162,760 162,841 81 0% Total Expenditures 595,137 585,604 (9,533)2%0 Total Net Levy (118,287)(153,717)(35,430)30%0 Development Charges DC Revenue Collected (67,180) DC Contribution to Reserves 67,180 Page 169 of 611 2019 2019 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Total Revenues #DIV/0!#DIV/0! Expenditures Labour 118,185 118,685 500 Purchases 5,502 3,315 (2,187)40% Interfunctional Adjustments (2,648)(2,652)(4)0% Total Expenditures 121,039 119,348 (1,691)1%0 Total Net Levy 121,039 119,348 (1,691)1%0 Page 170 of 611 2019 2019 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (200)(4,012)(3,812)1,906% Total Revenues (200)(4,012)(3,812)1,906%0 Expenditures Labour 268,342 246,265 (22,077)8%1 Purchases 16,760 9,515 (7,245)43%2 Contracted Services 25,330 (25,330)100%3 Interfunctional Adjustments (64,454)(63,288)1,166 2% Total Expenditures 245,978 192,492 (53,486)22%0 Total Net Levy 245,778 188,480 (57,298)23%0 Notes 2 Training Expense under $5,700 3 Subcontractor for GIS services under $25,300 - timing of invoices received from the County 1 Labour under $19,000 Labour Vacancy; OT under $3,000 Page 171 of 611 2019 2019 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Total Revenues #DIV/0!#DIV/0! Expenditures Labour 504,248 506,478 2,230 Purchases 297,184 346,645 49,461 17%1 Contracted Services 67,900 64,712 (3,188)5% Interfunctional Adjustments 278,088 278,100 12 0% Debt Principal & Interest 187,030 171,976 (15,054)8%2 Total Expenditures 1,334,450 1,367,911 33,461 3%0 Total Net Levy 1,334,450 1,367,911 33,461 3%0 Development Charges DC Revenue Collected (252,521) DC Contribution to Reserves 252,521 Notes 2 LED streetlight conversion project construction financing interest under $15,000 1 Salt Supplies over $30,800; Line Marking supplies over $8,200 - timing; Storm Sewer supplies over $4,200 Page 172 of 611 2019 2019 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Levy, PILS (69,850)(69,335)515 1% Total Revenues (69,850)(69,335)515 1%0 Expenditures Labour 14,995 10,627 (4,368)29% Purchases 7,500 7,919 419 6% Contracted Services 28,000 27,952 (48)0% Interfunctional Adjustments 21,196 21,204 8 0% Debt Principal & Interest 6,900 6,937 37 1% Total Expenditures 78,591 74,639 (3,952)5%0 Total Net Levy 8,741 5,304 (3,437)39%0 Development Charges DC Revenue Collected (34) DC Contribution to Reserves 34 Page 173 of 611 2019 2019 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants (5,000)(5,000) 0% User Charges (249,297)(220,186)29,111 12%1 Total Revenues (254,297)(225,186)29,111 11%0 Expenditures Labour 56,343 54,384 (1,959)3% Purchases 113,323 109,662 (3,661)3% Contracted Services 17,010 19,157 2,147 13% Interfunctional Adjustments 9,202 9,198 (4)0% Debt Principal & Interest 17,980 17,944 (36)0% Total Expenditures 213,858 210,345 (3,513)2%0 Total Net Levy (40,439)(14,841)25,598 63%0 Notes 1 Fuel sales under $36,200; Misc Revenue over $5,100 Page 174 of 611 2019 2019 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (63,590)(63,065)525 1% Total Revenues (63,590)(63,065)525 1%0 Expenditures Labour 19,877 16,415 (3,462)17% Purchases 44,700 46,885 2,185 5% Contracted Services 50,500 30,846 (19,654)39%1 Interfunctional Adjustments 67,852 67,890 38 0% Total Expenditures 182,929 162,036 (20,893)11%0 Total Net Levy 119,339 98,971 (20,368)17%0 Notes 1 Large Items (Bins) under $17,400 - timing of invoices received from bin hauling subcontractor Page 175 of 611 2019 2019 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants (52,800)(52,793)7 0% User Charges (12,900)(9,885)3,015 23% Total Revenues (65,700)(62,678)3,022 5%0 Expenditures Labour 6,550 (6,550)100%1 Purchases 731 731 100% Contracted Services 68,450 65,540 (2,910)4% Total Expenditures 75,000 66,271 (8,729)12%0 Total Net Levy 9,300 3,593 (5,707)61%0 Notes 1 Labour under - $6,500 - Labour Vacancy Page 176 of 611 Report Title Recreation Culture and Parks 2019 Q2 Results Report No. RCP 19-35 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date August 12, 2019 Attachments 2019 Q2 RCP Operating Results Page 1 / 6 Recreation Culture and Parks 2019 Q2 Results RECOMMENDATION THAT Report RCP 19-25 - Recreation Culture and Parks 2019 Q2 Results be received for information. EXECUTIVE SUMMARY This report provides Council with the January 1, 2019 to June 30, 2019 Department year to date operational and financial results for Recreation, Culture & Parks. BACKGROUND 2019 Business Objectives and Capital Projects Division Item Target Date Q2 Status RCP Department Recreation Program and Business Service Review Q 2 - 3 Delayed: Q 4 completion Continue implementation of Memorial Park & Lake Lisgar Master Plan Q 1 - 4 On schedule Aquatics Facility Design Study Q 1 – 4 Deferred by Council Capital Fundraising Program for Heritage Buildings - Q 1 – 4 Not started Asset Management Plan legislative compliance Q 1 – 4 On schedule Support community splash pad initiative Q 1 – 4 On schedule Tillsonburg Concert Series Q 1 - 4 On schedule Programs & Services Division Mini-pad and Summer Ice revenue development Q 1 - 4 On schedule Implement Personal Training Studio, additional adult classes and grow the Corporate Membership business Q 1 - 4 On schedule Grow Aquacycle and home-school lessons revenue Q 1 - 4 On schedule Page 177 of 611 Page 2 / 6 Recreation Culture and Parks 2019 Q2 Results Culture & Heritage Division Produce a series of presentations that highlight the museum’s collection and the unique history of the town Q 1 - 4 On schedule Develop and implement new family event on museum lawn (Dolly & Teddy Bear Family Picnic) Q 2 - 3 On schedule Quarterly workshops with historical themes Q 1 - 4 On schedule Initiate pre-planning for town-wide 150 Anniversary of Incorporation celebrations in 2022 Q 4 On schedule Parks & Facilities Division Review of contracted cleaning services model Q 1 Completed Complete development of the 2019-2024 Town Energy Conservation & Demand Management Plan Q 1 - 2 Completed Host Trails event in June in collaboration with the Oxford Trails Council Q 1 – 2 Completed Continue implementation of the Asset Management Action Plan Q 1 - 4 On schedule Continue implementation of Cemetery Master Plan Q 1 - 4 On schedule Develop and implement a recycling and waste reduction strategy Q 1 – 4 On schedule Capital Projects Cemetery works yard drive shed Q 1 – 3 On schedule New Columbaria unit Q 2 – 4 On schedule Annandale diamond lighting enhancement Q 1 – 2 Delayed: Q4 completion Urban Forest Plan Grant Application Q 3 - 4 On schedule Trails Master Plan Implementation Deferred by Council Memorial Park Parking Expansion Q 1 – 2 Delayed: Q4 completion Hardball Diamond #1 backstop Q 2 Completed Infocaster Replacement Q 2 – 3 Delayed: Q4 completion CPR Mannequin fleet replacement Q 1 Completed Aquatic Facility Design Study Deferred by Council CNG ice resurfacer filling station replacement Q 1 Completed TCC hot water boiler replacement Q 1 – 2 Delayed: Q4 completion Design Engineering Study - eligible for 50% incentive (OPP/Fire/EMS district energy) Q 1 – 3 On schedule Parking/Site plan design for OPP/Fire/EMS Q 3 - 4 On schedule Station Arts Gallery building/fire code compliance & roof replacement Q 1 - 3 Delayed: Q4 Completion Division Item Target Date Q2 Status Page 178 of 611 Page 3 / 6 Recreation Culture and Parks 2019 Q2 Results FCA scheduled building maintenance (Public Works, Museum) Q 1 - 4 On schedule LLWP Shower fixtures & controls replacement Q 2 Completed Auditory Accessibility Enhancements Q 1 -2 Delayed: Q3 completion Station Arts Roof Repair Q 3 - 4 Deferred by Council Fire Hall dehumidification Q 3 On schedule CSC bay lighting conversion to LED – eligible for rebates Q 2 – 3 Delayed: Q4 Completion Items Added Summer Place/Boathouse Demolition Q 2 - 4 On hold Cemetery By-law Review Q 3 - 4 On schedule Respect in Recreation Policy Q 2 - 3 On schedule OPP Visitor Parking Q 3 - 4 On schedule Fire Hall Shower installation Q 3 On schedule Fire Hall overhead door repairs & safety upgrades Q 3 On schedule Indoor Pool maintenance shutdown Q 3 On schedule Key Indicators Key Indicators 2019 2018 % change Comment Museum: attendance - headcount 4,192 3,855 9% Programs: Advanced/Leadership - headcount 60 76 -21% Cancelled several courses due to lack of registrations Programs: Aquatic registrations - headcount 2,272 2,786 -18% No Monday sessions in Q2. Bringing them back for Q3 Programs: Public Swim attendance - headcount 9,591 8,992 7% Programs: Memberships sold 1,075 894 20% Programs: Health Club attendance - headcount 9,921 10,618 -7%much improved over Q1 Programs: Water Fitness attendance - headcount 5,762 7,295 -21% Actual activity is higher, and counting process is more robust. 2018 number is suspect. Programs: Land Fitness attendance - headcount 1,759 1,503 17%increased # and variety of classes Programs: Public Skating attendance - headcount 1,163 1,482 -22%Outdoor pad picked up a lot of skaters Programs: Roller Skating attendance - headcount 126 164 -23% Programs: Squash Courts - headcount 548 379 45% Programs: Waterpark attendance - headcount 786 - n/a Programs: Youth registrations - headcount 389 849 -54% Several courses cancelled due to low registrations. A plan is in place to address this trend Programs: Advertising revenue (guide,boards,fences)22,679 28,962 -22%Change in advertising billing cycle. Programs: Rink bookings (ice) -hours 2,217 2,377 -7% 2018 reflects Q2 loading due to rink shutdown for June 15-August 31 Programs: Rink bookings (floor) - hours 79 230 -66%Fair rescheduled to Q3 Programs: Tournaments (ice/pool/field)9 8 13% Programs: Room rentals (non-admin)371 455 -18%Change in level of use by Church Programs: Aquatic user fees collected 3,718 3,827 n/a Programs: Rental insurance program 1,328 1,200 n/a Cemetery: Niche & Plot sales (count)38 22 73% Cemetery: Interments (count)58 58 0% Data for Q1-Q2 Division Item Target Date Q2 Status Page 179 of 611 Page 4 / 6 Recreation Culture and Parks 2019 Q2 Results FINANCIAL IMPACT/FUNDING SOURCE The RCP Department’s 2019 Q2 operational financial variance summary is as follows: The RCP Department is in an overall in-year surplus position at the end of Q2. While underperformance with respect to revenue in the Recreation Program Division remains a concern in Q3 and Q4, savings across the Department from labour vacancies and new hires should assist to mitigate that pressure, and achieve an on-budget year-end position. COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living Division 2019 Budget 2019 Q2 Budget 2019 Q2 Actuals Q2 Variance (surplus)/deficit Cemetery 113,900 58,272 38,778 (19,494) Parks 684,700 283,420 253,511 (29,909) Community Events 23,400 25,400 29,189 3,789 Recreation Programs 393,100 201,501 168,031 (33,470) Facilities 2,374,700 1,151,946 1,165,321 13,375 EFC (32,300)(30,570)(25,756)4,814 Museum 336,200 194,773 172,039 (22,734) Operational Totals 3,893,700 1,884,742 1,801,113 (83,629) Page 180 of 611 Page 5 / 6 Recreation Culture and Parks 2019 Q2 Results Page 181 of 611 Page 6 / 6 Recreation Culture and Parks 2019 Q2 Results Report Approval Details Document Title: RCP 19-35 - Recreation Culture and Parks 2019 Q2 Results.docx Attachments: - RCP 19-35 - ATT 01 - 2019 Q2 RCP Operating Results.pdf Final Approval Date: Aug 6, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Aug 6, 2019 - 4:27 PM Page 182 of 611 2019 2019 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants (2,500)(1,200)1,300 52% User Charges (19,289)(16,466)2,823 15% Other Revenue (13,996)(9,350)4,646 33% Total Revenues (35,785)(27,016)8,769 0 Expenditures Labour 138,543 129,458 (9,085)7%1 Purchases 73,361 52,084 (21,277)29%2 Contracted Services 8,102 6,965 (1,137)14% Interfunctional Adjustments 10,552 10,548 (4)0% Total Expenditures 230,558 199,055 (31,503)14%0 Total Net Levy 194,773 172,039 (22,734)12%0 Notes 2 Special events under - Cultural Expense under $8,300; Building Repairs & Maintenance under $4,500; Advertising Expense under $2,900 1 Net labour under budget $9,100 - FT under $3,900 & PT under 4,900 Page 183 of 611 2019 2019 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (69,300)(62,662)6,638 10%1 Other Revenue (3,250)(7,785)(4,535)140% Total Revenues (72,550)(70,447)2,103 3%0 Expenditures Labour 54,756 48,274 (6,482)12%2 Purchases 20,438 18,039 (2,399)12% Contracted Services 15,982 3,258 (12,724)80%3 Interfunctional Adjustments 39,646 39,654 8 0% Total Expenditures 130,822 109,225 (21,597)17%0 Total Net Levy 58,272 38,778 (19,494)33%0 Notes 2 Net labour under $6,500 - FT over $6,900 & PT under $13,500 3 Subcontractor Expense under $ 10,200 1 Services Revenue under $8,400 Page 184 of 611 2019 2019 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (2,790)(693)2,097 75% Other Revenue (2,781)(9,080)(6,299)227%1 Contribution from Reserves (16,300)(16,300)100%2 Total Revenues (5,571)(26,073)(20,502)0 Expenditures Labour 94,544 93,993 (551)1% Purchases 51,946 47,395 (4,551)9% Contracted Services 57,903 53,336 (4,567)8% Contribution to Reserves 265 265 100% Interfunctional Adjustments 43,898 43,934 36 0% Debt Principal & Interest 40,700 40,661 (39)0% Total Expenditures 288,991 279,584 (9,407)3%0 Total Net Levy 283,420 253,511 (29,909)11%0 Notes 1 Donation revenue over $5,600 2 Contributions from Reserve - To fund write off relating to Soccer Park Fence Page 185 of 611 2019 2019 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants (13,200)(10,000)3,200 24% User Charges (700) 700 100% Total Revenues (13,900)(10,000)3,900 28%0 Expenditures Labour 7,800 6,481 (1,319)17% Purchases 31,500 32,708 1,208 4% Total Expenditures 39,300 39,189 (111)0%0 Total Net Levy 25,400 29,189 3,789 15%0 Page 186 of 611 2019 2019 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues Grants (21,352)(21,350)2 0% User Charges (643,861)(625,564)18,297 3%1 Other Revenue (13,800)(14,149)(349)3% Total Revenues (679,013)(661,063)17,950 0 Expenditures Labour 698,893 634,118 (64,775)9%2 Purchases 140,791 154,177 13,386 10%3 Interfunctional Adjustments 33,450 33,462 12 0% Debt Principal & Interest 7,380 7,337 (43)1% Total Expenditures 880,514 829,094 (51,420)6%0 Total Net Levy 201,501 168,031 (33,470)17%0 Notes 3 Materials/Inventory Expense over $4,500; Equipment Supplies & Repairs over $3,200; Training over $2,600 1 Seasonal Revenue over $11,400; Youth Program Revenue under $8,500; Adult Program Revenue under $16,400; Summer Programs Revenue under $27,400 Minor Hockey Revenue over $21,800; Figure Skating Revenue over $20,000; Programs Revenue over $5,000; Rent Revenue under $27,600 2 Full Time Labour under $39,900 - vacant Manager position plus new hires are lower on the grid or different department; Part Time labour under $27,200 Page 187 of 611 2019 2019 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (3,431)(7,357)(3,926)114% Specified Revenue (4,937)(4,937)100% Total Revenues (3,431)(12,294)(8,863)258%0 Expenditures Labour 423,658 432,209 8,551 2% Purchases 254,254 247,302 (6,952)3% Contracted Services 153,815 163,437 9,622 6%1 Contribution to Reserves 11,152 11,152 100%2 Interfunctional Adjustments 25,500 25,500 0% Debt Principal & Interest 298,150 298,015 (135)0% Total Expenditures 1,155,377 1,177,615 22,238 2%0 Total Net Levy 1,151,946 1,165,321 13,375 1%0 Development Charges DC Revenue Collected (48,320) DC Contribution to Reserves 48,320 Notes 1 Subcontractor Expense over $12,000 - Building Maint 2 User pay Debt $4,900 -aquatics; Natural Gas Rebate $6,250 Page 188 of 611 2019 2019 Actual %Note YTD Budget YTD Actuals Variance Variance Reference Revenues User Charges (50,002)(49,988)14 0% Total Revenues (50,002)(49,988)14 0% Expenditures Purchases 2,782 7,088 4,306 155% Contracted Services 538 538 100% Debt Principal & Interest 16,650 16,606 (44)0% Total Expenditures 19,432 24,232 4,800 25%0 Total Net Levy (30,570)(25,756)4,814 16%0 Page 189 of 611 Report Title Chief Administrative Officer Recruitment Report No. HR 19-07 Author Ashley Andrews, Manager of Human Resources Meeting Type Council Meeting Council Date August 12, 2019 Attachments Committee Terms of Reference Page 1 / 2 RECOMMENDATION THAT Council receives Report HR 19-07 CAO Recruitment; AND THAT Council select option ______ for the interim CAO appointment; AND THAT Council select option_______ for the full time CAO Recruitment; AND THAT Council approve the Terms of Reference and appoint the Mayor and __________and __________ to the CAO Recruitment Committee. EXECUTIVE SUMMARY The purpose of this report is to provide Council with options regarding the vacant position of Chief Administrative Officer; both on an interim and long term basis. BACKGROUND At the In Camera meeting of July 24, 2019, Council received report HR – 19-05 Chief Administrative Officer Resignation. Council provided direction for the Manager of Human Resources to bring forward options for consideration. DISCUSSION Interim CAO Options Option 1 Internal Interim CAO – member of SLT to be appointed CAO a. Application process – submissions by interested employees, follow recruitment process b. Recommendation – CAO appointed through recommendation by Council Option 2 External Interim CAO – appoint a non-employee a. Application process – position to be posted and recruitment process followed b. Review a list of interested external individuals with previous CAO or senior level positions at other municipalities; interview the most qualified individuals; select and appoint Interim CAO. Page 190 of 611 Page 2 / 2 CAO Staff is recommending option 2(b), that an external interim CAO be appointed through the process of interviewing interested individuals based on a list of interested applicants to be provided to the CAO Recruitment Committee. This allows for expertise in a similar role, as well as the chance for interested current employees to apply to the full time position if they wish to do so. Full Time CAO Options Option 1 Do not fill position until after the regional review has completed. Option 2 Internal recruitment process – a recruitment committee compiled of Council members and the process to be led by the Manager of Human Resources. Option 3 External recruitment process – a recruitment committee compiled of Council members and the process to be led by a search firm/consultant. Staff is recommending option 3 to have a recruitment committee compiled of Council members, led by a search firm/consultant. Although this option does have a cost associated with it, a variety of search firms have been recommended by other municipalities who have recent experience recruiting for a CAO/City Manager position. The RFP process would not apply here as consultants are noted as an exception to the Purchasing Policy. This option would expedite the recruitment process as a recommended search firm would have a pool of applicants from previous CAO recruitments to pull from, along with any individuals applying directly to this vacancy. A search firm was used in the hiring of the current CAO and filled within a three (3) month time frame. It would be very difficult to achieve this timeline through an internal recruitment process. Staff is also recommending that a CAO recruitment committee be established to include the Manager of Human Resources and three (3) members of Council. FINANCIAL IMPACT/FUNDING SOURCE Should the option to move forward with a search firm/consultant for the full time recruitment, the estimated cost falls within the range of $20,000 to $40,000. COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Demonstrate accountability Page 191 of 611 CAO Recruitment Committee TERMS OF REFERENCE I. MANDATE: To recruit and select the most qualified applicant for the position of Chief Administrative Officer for the Town of Tillsonburg. II. ROLE OF THE RECRUITMENT COMMITTEE:  To review applicant resumes provided by the consultant and to determine which applicants to interview.  Committee to participate in the interview process with the consultant and the Manager of Human Resource.  Make recommendation to the Council for consideration with regard to the hiring decision. III. ORGANIZATION OF THE COMMITTEE The Committee should be composed of the Mayor and two Councillors, and to include the consultant (if hired) and the Manager of Human Resources. IV. ROLE OF COUNCIL The Council of the Town of Tillsonburg are responsible for the final hiring decision. V. ROLE OF A CONSULTANT The Consultant is responsible for ensuring the recruitment and selection process is followed, including:  Preparation and posting of position in consultation with the Manager of Human Resources.  Collection of all applicants and circulation to committee members of those applicants that meet the set qualifications.  Designated contact person for all applicants.  Participation on the interview panel, including providing recommendation to the committee and Council as a whole. Page 192 of 611 2  Contacting references of the applicant(s) chosen to move forward with.  Any other hiring criteria such as social media check, police check, etc. VI. ROLE OF THE MANAGER OF HUMAN RESOURCES The Manager of Human Resources is responsible for ensuring the recruitment and selection process is followed, including:  Preparation of posting of position in consultation with the consultant.  Participation on the interview panel.  Preparation and offering of employment contract to successful applicant. VII. ROLE OF MEMBERS: Membership on the Committee is a position of responsibility and requires a strong commitment to the Terms of Reference. Committee members are required to:  Review the collection of applicants who meet the said qualifications.  Participate on the interview panel.  Make hiring recommendations to the Council as a whole. Page 193 of 611 Report Title Flag Policy Update Report No. CLK 19-20 Author Amelia Jaggard, Legislative Services Coordinator Meeting Type Council Meeting Council Date August 12, 2019 Attachments Attachment A: Flag Policy – Red Line Version Page 1 / 4 Flag Policy Update RECOMMENDATION THAT Council receive report CLK 19-20 Flag Policy Update; AND THAT By-Law 4327 to adopt a Flag Policy and to repeal By-Law 3769, be brought forward for Council’s consideration. BACKGROUND At the Regular Council Meeting held on June 13, 2019 Council passed the following resolution to amend the Flag Policy. Moved By: Councillor Parker Seconded By: Councillor Gilvesy That the Town of Tillsonburg’s Flag Policy be amended. To read the following: 3.3 The charitable, community, or ethnic group flag will be flown in place of the Town of Tillsonburg Flag at the Broadway and Oxford South End Parkette. The National Flag of Canada will be flown at all times. AND THAT the Pride Flag which is scheduled to fly from June 14, 2019 to June 24, 2019, be flown at the Broadway and Oxford South End Parkette. Carried. DISCUSSION Proposed amendments to the Flag Policy resulting from the policy review process can be seen in the red line version attached to this report. As there are numerous amendments proposed staff are recommending that the current policy be repealed and the attached policy be adopted. The following special dates have been included for flags flown at municipal buildings and facilities to be lowered to a half-mast:  April 28, Day of Mourning for Persons Killed or Injured in the Workplace (Workers' Mourning Day);  Last Sunday in September, Police and Peace Officers' National Memorial Day, unless Half-masting occurs near the place where a memorial is being observed, then Half- masting can occur according to the prescribed order of service, until sunset; Page 194 of 611 Page 2 / 4 CAO  December 6, National Day of Remembrance and Action on Violence Against Women. The above special dates are included in flag policies of other municipalities reviewed by staff, as well as included under “Rules for half-masting the National Flag of Canada” as found on Canada.ca. An additional section was included to specify that any and all flags to be flown at the Town of Tillsonburg Cenotaph will have a direct association to the Allied War efforts during World War I, World War II and the Korean War. Additional details have been included on the process for flag raising requests from charitable, community and ethnic groups including an appeal process for disputes as to the eligibility of a request. CONSULTATION Staff reviewed similar policies from a number of municipalities including the City of London, Township of Huron-Kinloss, Town of Lasalle, Town of New Market, Centre Hastings, City of Owen Sound and the City of Windsor. FINANCIAL IMPACT/FUNDING SOURCE N/A COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☒ Streamline communication and effectively collaborate within local government ☐ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living Page 195 of 611 Page 3 / 4 CAO Page 196 of 611 Page 4 / 4 CAO Report Approval Details Document Title: CLK 19-20 Flag Policy Update.docx Attachments: - Attachment A Flag Policy - Red Line Version.pdf Final Approval Date: Jul 29, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Jul 29, 2019 - 10:32 AM Page 197 of 611 Policy 8-005 Page 1 of 5 MEDIA AND PUBLIC RELATIONS Policy 8-005: Flag Policy Approval Date: August 12, 2019 Approval Authority: Council, By-Law 4327 Effective Date: August 12, 2019 Next Scheduled Review Year: 2023 Department: Clerk’s Office Last reviewed: August 12, 2019 Revision Date/s: October 28, 2013 (By-Law 3769) Schedules: POLICY STATEMENT There is a need to provide the Town of Tillsonburg with a clear set of guidelines on the procedures of flying and half-masting flags. PURPOSE This policy will establish clear guidelines to govern the raising, displaying, and half- masting of flags at the Town of Tillsonburg properties and buildings to ensure the Town's practices are exercised in a consistent and appropriate manner. SCOPE This policy applies to all flags flown by the Town of Tillsonburg. GENERAL This policy shall be administered by the Clerk's Office. This policy shall be referred to as the "Tillsonburg Flag Policy". This policy comes into force and effect on the date adopted. AUTHORITY The authority for the Tillsonburg Flag Policy shall be by the approval of the Council of the Town of Tillsonburg. POLICY 1. General Flag Protocol 1.1. The National Flag of Canada should be treated with dignity and respect and should always be displayed in the position of priority and not displayed in a position inferior to any other flag. Page 198 of 611 Policy 8-005 Page 2 of 5 1.2. When two or more flags are flown together, the Canadian Flag should be on the left as seen by spectators in front of the flags; if a number of countries are represented; the Canadian Flag may be flown at each end of the line of flags. 1.3. When three flags are flown together, the Canadian Flag should occupy the central position, with the next ranking flag to the left and third ranking to the right, as seen by the spectators in front of the flags. 1.4. Where more than one flag is flown and it is impossible to hoist or lower at the same time; the Canadian Flag should be hoisted first and lowered last. 1.5. When flags are displayed on an angle such that the centre flag is higher than the other flags, the Canadian flag is flown in the centre. 1.6. No more than one flag shall be flown on any mast at one time. 1.7. The National Flag of Canada must never touch the ground when being raised or lowered. 1.8. Flags shall be maintained in good condition and repaired or replaced at any sign of damage or major discolouration. 1.9. When a flag is no longer in a suitable condition for use, it should be destroyed in a dignified way. 2. Flags at Half-mast 2.1. All flags maintained by the Town of Tillsonburg, capable of being lowered, will be flown at half-mast as a sign of official mourning or commemoration. Section 4 Schedule A, attached, lists all flags maintained by the Town. 2.2. On occasions requiring a flag be flown at half-mast, all flags flown together should also be flown at half-mast. 2.3. Flags flown at municipal buildings and facilities will be flown at half-mast when the Town has been notified upon the death of:  The Sovereign, or a member of the Royal Family;  The Governor General, or a former governor general;  The Prime Minister, or a former prime minister;  The Lieutenant Governor of Ontario or the Premier of Ontario;  A local Member of Federal or Provincial Parliament;  The Mayor, or a former Mayor of Tillsonburg;  A Member of Town Council or a former member of Town Council;  A member of Canadian Forces from the Town of Tillsonburg (born in the Town of Tillsonburg, or has made the Town of Tillsonburg a home);  An Emergency Medical Services (EMS) worker in the Province of Ontario, fallen in the line of duty 2.4. Upon notice of the death of any Firefighter in the Province of Ontario, fallen in the line of duty, the flags at the Fire Hall shall be flown at half-mast. 2.5. Flags flown at municipal buildings and facilities shall be lowered to a half-mast position from sunrise to sunset to observe the following days:  April 28, Day of Mourning for Persons Killed or Injured in the Workplace (Workers' Mourning Day);  Last Sunday in September, Police and Peace Officers' National Memorial Day, unless Half-masting occurs near the place where a memorial is being Page 199 of 611 Policy 8-005 Page 3 of 5 observed, then Half-masting can occur according to the prescribed order of service, until sunset;  December 6, National Day of Remembrance and Action on Violence Against Women. 2.4.2.6. Each Remembrance Day, November 11th, the flags at the Cenotaph will be half-mast at 11:00 a.m., or according to the prescribed order of service. 2.5.2.7. Flags may also be flown at half-mast as a result of a significant event or circumstance. Should such an occasion arise, the Town Clerk (or designate) will consult with the Mayor and the CAO. A joint decision will be made by the CAO and the Mayor as to whether any flags at Town facilities should be flown at half-mast, and if so, the extent and duration. 2.6.2.8. Upon notice of the death of an individual noted in above Section 2.3 or 2.4, flags shall be flown at half-mast from the time of death notification until the morning after the memorial service, or a week, whichever comes first. 2.7.2.9. During periods of half-mast, flags are still raised to full mast on Victoria Day and Canada Day. 2.8.2.10. Each flag is brought to the half-mast position by raising it to the top of the mast and immediately lowering it slowly to half-mast. 2.9.2.11. In the event of multiple flags being flown together, all will be flown at half- mast. The half-mast position will depend on the height of the flagpole itself; however, the flag should be lowered to the approximated centre position of the flagstaff not to be confused as a flag that has accidentally fallen. 2.10.2.12. When half-masting has been deemed appropriate based on section 2.3, 2.4, or 2.8 above, the Town Clerk or designate will be notified and in turn will notify the following:  The Senior Leadership Management Team;  Parks and Facilities Manager;  Town Council, and;  Media by way of the Town website 3. Flags Raising For Awareness 3.1. Requests for raising flags to increase Public awareness will be considered, upon request, by the Mayor and CAO for charitable, community, and ethnic groups. Those groups wishing to fly their flag shall submit a letter of request to the Town Clerk for approval a minimum of four weeks prior to the request date. 3.2. Requests shall not be approved;  For political parties or political organizations;  For religious organizations or the celebration of religious events;  For celebrations, campaigns or events with no direct relationship to the Town of Tillsonburg;  If the intent is contrary to Municipal policies or by-laws;  If the intent is to defame the integrity of Council;  If the intent is to support discrimination, hatred, violence or prejudice. 3.3. All requests for flag flying must be made to the Clerk’s Office four (4) weeks prior to the requested date, in writing, and include the following information: Page 200 of 611 Policy 8-005 Page 4 of 5 3.3.1. Name of the requesting organization or individual; 3.3.2. Contact information; 3.3.3. Details of requested event or occasion including date(s); 3.3.4. Explanation of the purpose of the event or occasion; 3.3.5. Picture of the flag to be flown; and 3.3.6. Description of the applicant organization or individual including a brief history, and any other relevant information. 3.3.3.4. A charitable, community, or ethnic group flag will be flown for an appropriate period determined by the Mayor and CAO, but not exceeding one week. 3.5. An organization’s flag shall be flown no more than once per calendar year. Organizations shall be required to submit flag flying requests on an annual basis. 3.6. Approvals shall be based on a first come first served basis, based on the date the request is received by the Clerk’s Office. 3.7. The Town reserves the right to schedule a flag raising based on the availability of flag poles. 3.8. Flags shall only be raised and lowered on those business days that Town Hall is open. 3.4.3.9. Individuals and organizations requesting flag flying are required to provide the flag to be raised. Flags may be no larger than 1.83 meters (6ft) in width and 0.91 meters (3ft) in height. 3.5.3.10. The charitable, community, or ethnic group flag will be flown in place of the Town of Tillsonburg Flag at the South Broadway Park. The National Flag of Canada will be flown at all times. 3.11. Notification to the media and advertising related to flag flying is the responsibility of the requesting party. 3.12. The Town is not responsible for damaged or lost flags. 3.13. In the event there is a dispute between an organization and the Town as to the eligibility of a request, the appeal process shall be through the Municipal Council having full and final say as to whether or not the request to fly a flag will be granted. 3.14. Council shall be informed of all requests and approvals for flag flying. There will be no presentations or delegations at Town Council with respect to flag flying requests. Page 201 of 611 Policy 8-005 Page 5 of 5 4. Town of Tillsonburg Flag Locations LOCATION FLAG RESPONSIBILITY CHANGE METHOD South Broadway Park Canada PRSRCP Key or rope Union Jack PRSRCP Key or rope Ontario PRSRCP Key or rope Tillsonburg PRSRCP Key or rope Cenotaph Canada PRSRCP Key or rope Union Jack PRSRCP Key or rope Ontario PRSRCP Key or rope Tillsonburg PRSRCP Key or rope Veteran's Walkway Canada PRSRCP Key or rope Union Jack PRSRCP Key or rope Ontario PRSRCP Key or rope Annandale NHS Canada PRSRCP Key or rope Community Centre S Canada PRSRCP Key or rope Community Centre N Canada PRSRCP Key or rope Fire Hall Canada Fire Key or rope Tillsonburg Fire Key or rope Airport Canada Airport Key or rope Tillsonburg Airport Key or rope Ontario Airport Key or rope Customer Service Canada Public WorksRCP Hydro truckKey or rope Tillsonburg RCP Key or rope Operations Canada Public Works Ladder Library Canada PRS Hydro truck Cemetery Canada PRSRCP Hydro truckKey or rope Canada PRSRCP Hydro truckKey or rope Page 202 of 611 Report Title BIA Board of Management Additional Appointments Report No. CLK 19-21 Author Amelia Jaggard, Legislative Services Coordinator Meeting Type Council Meeting Council Date August 12, 2019 Attachments BIA Memo Page 1 / 2 10202832119,,,CLK 19-21 BIA Board of Management Additional Appointments RECOMMENDATION THAT Council receives Report CLK 19-21 BIA Board of Management Additional Appointments; AND THAT By-Law 4334 to amend By-Law 4260, be brought forward for Council consideration. BACKGROUND Council will recall that at the January 28, 2019 Council meeting Council passed By-Law 4260, to appoint Directors to the Board of Management of the Tillsonburg Business Improvement Area (BIA) established by the Corporation of the Town of Tillsonburg. DISCUSSION The Town has received a request to add additional members to the Tillsonburg BIA. Jane Tilson of Knock-out Fashions located at 200 Broadway, Ann Hicks of The Lady’s Champ located at 200 Broadway and Maryanne VanGertrude of IOOF Otter Lodge #50 located at 97 Broadway, all qualify to join the Board of Management. The Memo from the BIA is attached for your reference. A by-law to appoint the additional members will be brought before Council for consideration. FINANCIAL IMPACT/FUNDING SOURCE N/A COMMUNITY STRATEGIC PLAN (CSP) IMPACT Section 1 – Excellence in Local Government – providing for citizen engagement for municipal initiatives. Page 203 of 611 Page 2 / 2 CAO Report Approval Details Document Title: CLK 19-21 BIA Board of Management Additional Appointments.docx Attachments: - BIA Memo.docx Final Approval Date: Aug 1, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Aug 1, 2019 - 4:09 PM Page 204 of 611 Memorandum To: Donna Wilson Clerk – Town of Tillsonburg From: Mark Renaud, Executive Director Tillsonburg BIA Date: July 31st, 2019 Subject: Additional appointments to the BIA Board of Management The following individuals have expressed an interest to join the BIA Board of Management. I have met with all three and have confirmed their intent to sit as a board member effective with their appointment by Town Council: Jane Tilson – Knock-out Fashions – (tenant representative) 200 Broadway, Unit A1036, Tillsonburg Ann Hicks – The Lady’s a Champ – (tenant representative) 200 Broadway, Unit A1058, Tillsonburg MaryAnne Van Gertrude – IOOF Lodge #50 – (landlord representative) 97 Broadway, Tillsonburg Could you please add this as an agenda item for the August 12th, 2019 council meeting? Page 205 of 611 Thank you for your attention to this important matter. Sincerely. TILLSONBURG BUSINESS IMPROVEMENT AREA Mark Renaud Mark A. Renaud Executive Director c.c. Board of Directors Page 206 of 611 Report Title Funding Agreement for 95 Spruce St Community Improvement Plan Application Report No. DCS 19-23 Author Cephas Panschow Meeting Type Council Meeting Council Date AUGUST 12 2019 Attachments Funding Agreement Page 1 / 2 RECOMMENDATION THAT Council receive Report DCS 19-23 Funding Agreement for 95 Spruce St Community Improvement Plan Application; AND THAT a by-law to enter into a Community Improvement Plan funding agreement with Otter Valley Foods Inc be brought forward for Council’s consideration. EXECUTIVE SUMMARY The purpose of this report is to seek Council approval to enter into a funding agreement with Otter Valley Foods Inc for enhancements to the 95 Spruce St property further to the direction provided by Council at their July 9, 2019 meeting. Otter Valley Foods Inc is the company that owns the 95 Spruce St property. Completing this agreement will enable enhancements to their wastewater management system, thereby reducing impacts to the Tillsonburg Waste Water Treatment Plant while retaining existing jobs in the community and supporting the ongoing growth and diversification of a local food processing company. BACKGROUND At their July 8, 2019 meeting, Council passed the following resolution: THAT Council receive Report DCS 19-17 Community Improvement Plan Application – 95 Spruce St; AND THAT the 95 Spruce Street property be approved for $100,000 in funding through the Town’s Community Improvement Plan to encourage redevelopment of the property subject to a funding agreement being brought back to Council for consideration; AND THAT funding be provided through the Tax Rate Stabilization Reserve. Subsequent to this, staff has worked with the Town’s solicitor, Duncan, Linton LLP, to develop a funding agreement that serves the interests of the Town while enabling the funding to be provided. Duncan, Linton has confirmed that, while the company is operated as Inovata Foods Corp, the property is owned by Otter Valley Foods Inc and the agreement will be between the Town and that company. Page 207 of 611 Page 2 / 2 CONSULTATION/COMMUNICATION The Town’s solicitor, Duncan, Linton LLP, was retained to develop the attached funding agreement. FINANCIAL IMPACT/FUNDING SOURCE Council approved $100,000 in funding from the Tax Rate Stablization Reserve to support this Community Improvement Plan application. COMMUNITY STRATEGIC PLAN 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☐ Demonstrate accountability 2. Economic Sustainability ☒ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☐ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living Page 208 of 611 Page 209 of 611 Page 210 of 611 Page 211 of 611 Page 212 of 611 Page 213 of 611 Page 214 of 611 Page 215 of 611 Page 216 of 611 Page 217 of 611 Page 218 of 611 Page 219 of 611 Page 220 of 611 Page 221 of 611 Page 222 of 611 Page 223 of 611 Wastewater Management Design Concept Page 224 of 611 Report Title T:GO Fare Rate Structure and Launch Update Report No. OPS 19-35 Author Kevin De Leebeeck, P.Eng., Director of Operations Meeting Type Council Meeting Council Date August 12, 2019 Attachments  TGO Brochure  TGO Bus Stop Sign  Draft TGO In-Town Communications & Marketing Plan Page 1 / 4 RECOMMENDATION THAT Council receive Report OPS 19-35, T:GO Fare Rate Structure and Launch Update; AND THAT a By-law to amend By-law 4251-2019 Rates and Fees to include the Fare Rate Structure for the T:GO in-town service be brought forward for Council consideration. SUMMARY On June 18th 2019 the Tillsonburg Transit Advisory Committee (TTAC) discussed the need for a more structured fare rate system for T:GO that would consider discounted passes and special fare rates for youth/students, seniors, support persons and veterans. Staff subsequently reviewed transit fare rate structures of neighbouring transit agencies such as Woodstock, Stratford, Norfolk and Brantford and presented the following fare rate structure to the Committee at their July 16th 2019 meeting. In-Town Service Single Ride 10 Ride Pass Day Pass Monthly Pass Adults $2.50 $20.00 $8.00 $60.00 Seniors (60+) $2.00 $16.00 $6.00 $48.00 Students $2.00 $16.00 $6.00 $48.00 Child (5 and under) Free Free Free Free Support Person Free Free Free Free Veteran Free Free Free Free The Committee discussed the proposed fare rate structure and subsequently passed the following resolution: “THAT the committee endorse the proposed fare rare structure for the in-Town T:GO service, as presented.” It should be noted that there is a nominal increase in the Adult single ride transit fare from $2.00 to $2.50 however there are also incentives for all users to purchase multiple rides or monthly passes that lower the overall cost per ride. Page 225 of 611 Page 2 / 4 It was also suggested by the TTAC that the sale of T:GO tickets and passes be expanded beyond the Customer Service Centre. At the time of preparing this report staff have secured the following vendor locations for the sale of in-town T:GO tickets and passes and will continue to silicate other potential vendors. Vendor Location Vendor Location  Customer Service Centre 10 Lisgar Ave.  Tillsonburg Community Centre 45 Hardy Ave.  CNIB Lotto Centre Town Centre Mall  Oxford Mini Mart 67 Oxford St.  Corner Convenience 150 North St. E.  Sobeys 678 Broadway  Chrissy’s Corner Store 170 Tillson Ave.  Coward Pharmacy 165 Broadway  R & P Convenience 86 Simcoe St.  DNT Convenience 510 Broadway  Maple View Variety 126 Concession St. E  Q-Mart 230 Lisgar Ave. CONSULTATION/COMMUNICATION Further to the Report OPS 19-12 regarding the draft T:GO routes and schedules staff have completed several iterations of the routes and schedule incorporating the various comments received from the committee, Council and the public since re-launching the new T:GO webpage (www.tillsonburg.ca/TGO) on May 1st 2019. In addition a new local phone number of 519-842- 4TGO (4846) has been secured for the exclusive use of T:GO. The finalized routes, schedules, new phone number and fare rate structure have all been incorporated into the updated T:GO brochure (attached) that will be used to help promote the new fixed route system which is planned to launch on August 20th 2019. New transit bus stop signage (attached) is also currently being installed. Brochures will be distributed to all municipal offices, current users, retirement communities, apartment complexes, and will also be distributed to each student body during the ‘Back to School’ week this upcoming September. In addition T:GO will be present at the Tillsonburg Fair on August 17th 2019 to provide information and promote the launch of the fixed route system through the distribution of brochures and free marked single ride tickets for data tracking purposes. The attached draft T:GO In-Town Communications and Marketing Plan provides more detailed information on the various means that will be used to help inform and promote T:GO leading up to and following the implementation of the new in-town fixed route system. It should be noted that the draft T:GO In- Town Communications and Marketing Plan has only recently been circulated to the TTAC for comment and will be discussed further at their August 20th 2019 meeting. Page 226 of 611 Page 3 / 4 FINANCIAL IMPACT/FUNDING SOURCE There continues to be a strong consensus among TTAC members that providing a consistent reliable service will help build ridership and increase revenue from fares. In addition the incentives offered for multiple rides or monthly passes provides more value to the public which is anticipated to lead to increased overall sales and ridership. Furthermore a good communications and marketing campaign will also assist in building ridership and increase revenue from fares. The estimated cost associated with installing new bus stop signage ($2,500) and the selected proposed strategies within the draft T:GO In-Town Communications and Marketing plan ($2,500) totals approximately $5,000. COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☐ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☒ Make Tillsonburg an attractive place to live for youth and young professionals ☒ Provide opportunities for families to thrive ☒ Support the aging population and an active senior citizenship 4. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☐ Provide a variety of leisure and cultural opportunities to suit all interests ☒ Improve mobility and promote environmentally sustainable living Page 227 of 611 Page 4 / 4 Report Approval Details Document Title: OPS 19-35 TGO Fare Rate Structure and Launch Update.docx Attachments: - OPS 19-35 Attachment 1 - TGO Brochure.pdf - OPS 19-35 Attachment 2 - Bus Stop Sign.pdf - OPS 19-35 Attachment 3 - Draft TGO Intown Communications and Marketing Plan.pdf Final Approval Date: Aug 6, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Aug 1, 2019 - 4:30 PM David Calder - Aug 6, 2019 - 11:02 AM Donna Wilson - Aug 6, 2019 - 2:37 PM Page 228 of 611 GO T:GO Transit In-Town Rider Guide MAPS & SCHEDULES EFFECTIVE August 20, 2019 Stop Location Time* 1 Town Centre Mall :00 2 Tillson Ave. & Livingston Centre :03 3 Bridge St. & Queen St.:04 4 Maple Lane & Concession St. E.:06 5 Joseph St. & Maple Lane :07 6 Lisgar Ave. & Van Norman Dr.:10 7 Tillsonburg Community Centre :12 8 Devonshire Ave. & Broadway :14 9 Broadway & North St.:16 10 Broadway & Sobey’s :17 11 South Ridge Public School :19 12 Glendale Dr. & Quarter Town Line :21 13 Glendale High School :23 14 Glendale Dr. & Victoria St.:24 15 Bear St. & Rolph St. (Tillsonburg Hospital):26 16 Bridge St. W. & Station Arts Centre :27 17 Bidwell St. & Brock St. W.:29 18 Baldwin St. & Trottier Dr.:31 19A Baldwin Place Recreation Centre :33 20A Westfield Public School :35 21A Hickory Hills Recreation Centre :37 22A Wilson Ave & Seres Dr.:38 23 Baldwin St. & Broadway :40 24 Simcoe St. & Tillson St.:43 25 Norfolk Mall :46 26 Simcoe St. & Mall Rd.:48 27 Harvest Crossing Retirement Centre :50 28 Simcoe St. & Tillsonburg Cemetery :52 29 Oxford St. & Cat Alley :55 RED LINE Hours of Operation: 8:00 AM to 2:00 PM 4:00 PM to 6:00 PM Stop Location Time* 1 Town Centre Mall :00 2 Tillson Ave. & Livingston Centre :03 3 Bridge St. & Queen St.:04 4 Maple Lane & Concession St. E.:06 5 Joseph St. & Maple Lane :07 6 Lisgar Ave. & Van Norman Dr.:10 7 Tillsonburg Community Centre :12 8 Devonshire Ave. & Broadway :14 9 Broadway & North St.:16 10 Broadway & Sobey’s :17 11 South Ridge Public School :19 12 Glendale Dr. & Quarter Town Line :21 13 Glendale High School :23 14 Glendale Dr. & Victoria St.:24 15 Bear St. & Rolph St. (Tillsonburg Hospital):26 16 Bridge St. W. & Station Arts Centre :27 17 Bidwell St. & Brock St. W.:29 18 Baldwin St. & Trottier Dr.:31 19B Clearview Drive :36 20B Lincoln St. & Elm St.:39 21B Cedar St. & Spruce St.:40 22B Townline Rd. & Tillson St.:42 23 No Stop -- 24 Simcoe St. & Tillson St.:43 25 Norfolk Mall :46 26 Simcoe St. & Mall Rd.:48 27 Harvest Crossing Retirement Centre :50 28 Simcoe St. & Tillsonburg Cemetery :52 29 Oxford St. & Cat Alley :55 BLUE LINE Hours of Operation: 6:00 AM to 8:00 AM 2:00 PM to 4:00 PM 519.842.4TGO (4846) www.tillsonburg.ca/TGO* Please have your payment ready and arrive at the bus stop 5 minutes prior as actual stop times may fluctuate. Page 229 of 611 BigOtterCreek BURWELL ROADLA PLAN T EROAD HAWLEY ROADB igOtterCreekLakeLisgar N O R F O L K C O U N T Y M U N I C I P A L I T Y O F B A Y H A M NORTH ST E CONCESSION ST W GOSHENSTB A L DW IN S T CONCESSION ST E NORTH ST W OXFORD ST SIM C O E S T VIENNA RDCRANBERRY RDPO TTERSR D VIENNA RDJOHN P O U N D RDNEWELL RD TILLSON AVEQUARTER TOWN LINEQUARTER TOWN LINEAL L EN S T .VICTORIA ST.GLENDALEDR BROA DWAY SOUTHRIDGE RD TRILLIUM DR D EVO NSHIRE A VE L ISGAR AVE MAPLE LANEHARDY AVEBARKER STWOODCOCK DRFOURTH ST B E A R S T B I DWE LL STDEMEYERE A VEPARK WOOD DRBEECH BLVD CHARLOTTE AVEWILSON AVEDEREHAM DR SPRUCE STTILLSON STRIDGE BLVDTROTTIER D RBRIDGE STLISGAR AVEQUEEN STGOSHEN R O A D 2ND CONC NTR ROADREGIONALROAD1BELL MI LL SI DEROADREGI ONAL ROAD 30BELL M ILL ROADROKEBY ROADTALBOT LI N E BAYHAM DRIVEMALL RD KESWICK RD LOWRIE LINE51 20 37 20 19 3 3 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 18 19A 19B 20B 20A 21B 22B 21A 22A 23 24 26 25 28 27 29 GO SCHEDULE AND ROUTES The T:GO In-Town Transit System operates from Monday to Friday from 6:00 AM to 6:00 PM. Each route takes approximately one hour to complete. Blue Route runs during the hours of 6:00 AM to 8:00 AM and from 2:00 PM to 4:00 PM. Red Route runs during the hours of 8:00 AM to 2:00 PM and from 4:00 PM to 6:00 PM. IN TOWN FARES Adults: One Way Fare: $2.50 10-Ride Pass: $20.00 Day Pass: $8.00 Monthly Pass: $60.00 Seniors/ Students: One Way Fare: $2.00 10-Ride Pass: $16.00 Day Pass: $6.00 Monthly Pass: $48.00 Veterans, Support Persons and Children 5 and under: Free Exact cash fare is required. Drivers do not carry cash. For ticket and pass vendor locations and for alternative transportation options, please visit www.tillsonburg.ca/TGO Page 230 of 611 Page 231 of 611 Page 1 / 5 T:GO Intown Communications and Marketing Plan With the T:GO system converting from a on demand service to a fixed route, fixed schedule system on August 20th a communications and marketing plan needs to be implemented to ensure key messages about the system are communicated to potential users. Key messages needs to reach all residents within Tillsonburg using a variety of media sources and be geared towards different demographics such as seniors, students and adults. Key messages need to include information on the new routes, where and when they can get on the bus, fare media and where it can be purchased, plus where to find additional information about T:GO. All marketing material will include the T:GO logo as brand recognition for the transit service in Tillsonburg. The communications and marketing plan will utilize the following resources and techniques:  Posters and brochures at Community Boards and Retail Locations: Posters will be created to promote the change to a fixed route system and include information on the fares, where to get a map/brochure, where to obtain a bus pass and basic information such as the hours of operation. There are public information boards throughout the Town at Seniors Centres, Community Centres, Library, retailers, etc where posters can be posted for people to read. In addition to this, we will be asking retailers to make available brochures so people can pickup them up and distribute them further to potential customers. Posters need to draw the attention of interested people and are good for providing consistent information to people for a couple of months. Posters are a good and inexpensive way to get information out to the public for a longer period of time. o Est. Cost: The estimated cost for this is $550 for 2,500 brochures and posters.  Town’s Facebook Page: The Towns Facebook page is a good media source to interact directly with residents. The Facebook page will be used to provide information on the date of the change to the fixed route system, the fares and where residents can purchase the fares plus promotion of the T:GO webpage to get more information. When the bus stop signs start going up, questions will start to come in about the changes and Facebook is an excellent tool to explain what changes are coming. Facebook posts need to be simple and short messages to effectively utilize it as a promotion tool. Facebook is good to get information out fast, however is short term advertising and is good for promoting a change or updating information. This advertising method is an inexpensive and effective method for targeted different demographics such as students. o Est. Cost: There is no additional cost for this advertising. Page 232 of 611 Page 2 / 5  Town’s website: The Town’s website has a news page that can be used to keep residents informed of the changes to the T:GO system. A simple news release can include when the changes are starting, where to purchases passes and the types of passes available, where to get brochures, etc. Plus the link to the T:GO website can be promoted for residents to find more specific and detailed information on the service. This method is an inexpensive method of providing a lot of information to everyone interested. o Est. Cost: There is no additional cost for this advertising.  Town’s Newsletter: The Town uses the local paper to include information on what is happening in Tillsonburg. The changes to the system can be promoted in this publication and provide links to the T:GO website for additional information. The Town has an ongoing publication contract with the local paper, making it an inexpensive method of promoting T:GO to residents in Tillsonburg. o Est. Cost: This costs approximately $200 for a quarter of the ad space.  Local Newspapers: Newspapers are good for delivering a consistent message over a longer period of time. Papers such as Snapd promote that readers keep the paper in their homes for 1 to 4 weeks and that readers will read the paper several times a month. Circulation of papers varies based on free delivers to households such as the Lakeshore Shopper and free papers that are picked up at a variety store such as Snapd. The cost of advertising in newspapers is increasing. Papers are increasing their circulation areas making them effective for regional advertising. o Est. Cost: It costs approximately $800.00 for a half page ad for one publication.  Community Events: Participation at Community Events such as the Tillsonburg Fall Fair, Home Show, Ribfest and Turtlefest are excellent opportunities to talk one on one with potential customers, answer any specific questions people have about the service, hand out brochures, promote the system by offering a free bus pass for people interested in trying the transit system, plus have the bus at the event for people to actually get on the bus, walk around it and see firsthand the features on the bus. This will assist with any uncertainty of how to ride the transit system in Tillsonburg. This method costs more to provide the bus and staff time, however is very effective in directly answering questions and providing information on a one on one basis. o Est. Cost: It costs approximately $500 a day for this promotion and plan to attend two events this fall for a total cost of $1,000 Page 233 of 611 Page 3 / 5  Promotional Passes: Promotional Passes or Free bus passes is a good way for interested residents to ride the bus with no cost commitment, just their time. It provides them a chance to explore the Town and the Transit service and hopefully get a good impression of the transit service and tell others about their experience. Promotional passes can be handed out at Community Events such as Turtlefest, and handed at other community interactions such a visit to a school to talk to a class about Transit. There is minimal cost for this and is a good promotional tool to get people on the bus that may not consider the bus as a transportation option. o Est. Cost: Each pass has a retail value of $2.50 and can cost $250 if we had out 100 passes at events.  Google Advertising: This is a simple and effective way to promote T:GO within Tillsonburg. Websites such as the Weather Network utilize Google Ads from recent searches plus the location of the device from its IP address to direct the ad to the individual device. The ads can promote the system plus direct people to the T:GO website to get more specific information. This kind of advertising is good for reaching out to tech savvy adults and students at a relativity inexpensive cost. This is good for promoting changes or refreshing interesting in the system as it is short term advertising. o Est. Cost: The payments are based on traffic to the website. A budget of $300 will be used over a 3 month period.  Rogers TV: Rogers TV is always looking for community news and things that are happening within Oxford County. Staff can work with Rogers TV to produce a documentary series on the transit system explaining the routes, the bus, hours of service, etc. There is minimal cost for this promotion as Rogers TV is a community service that is often seeking information in the community. Reruns make this a good low cost promotional tool. o Est. Cost: There is no additional cost for this advertising.  Visit Senior Centres and Homes: Seniors Centres typically have social and information events where they invite people to come in and talk about a variety of topics. Seeking out these opportunities to attend a coffee socials, lunch, etc gives the opportunity to give a presentation and to talk to people about the service. This kind of interaction gives the opportunity to talk one on one with potential clients about their specific needs, concerns and perceptions of the system and discuss how the transit system can meet their needs. There can be minimal costs associated with this kind of community engagement for small items such as coffee and cookies for the social meeting and staff time. o Est. Cost: Approximately $50 per visit for items such as coffee and promotional passes. The intent is to do 4 visits for a cost of $200.00 Page 234 of 611 Page 4 / 5  School Information Packages: Working with the local school boards, information can be provided in school packages, whether its newsletters, pamphlets, posters, etc to provide information to students about the transit system in Tillsonburg. This is a good method to focus material specifically at students at little cost. o Est. Cost: There is no additional cost for this advertising as brochures are already printed.  Radio Advertising: Radio is a good method to get a message out to a certain audience over a short period of time. Radio stations have information on their listener demographics and times of peak listeners to target advertising. Radio advertising can be expensive in comparison to other forms of media, however reaches an audience in a wide area in a short period of time. o Est. Cost: Costs vary, but can be up to $5,000 for a two week campaign on two radio local radio stations.  Billboards: Billboards are good at getting messages out to motorists as they are often found along roadsides. The message is a static display poster that is often displayed for a period of three months or longer depending on the budget available. This method is expensive in comparison with other forms of media but is targeted to motorists travelling by the billboard. This kind of advertising is good for regional wide advertising campaigns. o Est. Cost: The minimum package is 3 different billboards for $3,125 a month.  Rinkboards: Rinkboards are similar to billboards and are targeted to people at arenas. The Town has access to two hockey rinks and one outdoor rink that advertising can be placed on. This is good for long term advertising campaigns to a focused audience, typically adults and students and is relatively cost effective in comparison to other advertising. o Est. Cost: The cost ranges from $430 to $710 per year depending on the rink.  Media Releases: Media releases are good to give information to the public about news happening and are often used to kick off an advertising campaign. Media releases are released by the Town to provide information; however it is up to the individual media service (radio, TV, newspaper) to pickup the information and decide if they are news worthy. This often depends on current events happening that day and whether these media services wish to inform people in their news broadcasts. This is an inexpensive method to get information out, however relies on the media to choose to share this information or not and involves staff time responding to media information requests. o Est. Cost: There is no additional cost for this advertising. Page 235 of 611 Page 5 / 5 The communications and marketing plan will need to continue to promote the transit system after the launch date of the fixed route within the assigned advertising and promotions budget. Advertising campaigns need to continue throughout the year using a variety of techniques listed above to remind people of the benefits of the T:GO system offers to increase ridership. Campaigns need to align with events throughout the year such as back to school, Christmas, and seasonal changes such as spring, and summer to promote the benefits of using public transit. For the changes starting on August 20th, the plan is to utilize Posters and brochures at Community Boards and Retail Locations, Town’s Facebook Page, Town’s website, Town’s Newsletter, Community Events such as the Tillsonburg Fall Fair, Google Advertising, Promotional Passes and a Media Releases to create a buzz about the changes. We will start to visit Senior Centres and Homes and provide information in School Information Packages when they become available. Promotional passes will be handed out at community events such as the Tillsonburg Fall Fair and visits to senior centres to interested individuals to let them try the service at no cost. With the fixed route service starting on August 20th, the Town can allow people who purchase a September monthly bus pass to ride for free for the remainder of the month of August. This will encourage the sale of monthly passes and extend the value of the pass. The total cost of this campaign is anticipated to be $2,500. To continue the advertising campaign within the service area of T:GO, campaigns will consider the use of Rinkboards when they become available, continue with Posters and brochures at Community Boards and Retail Locations while continuing to visit Senior Centres and Homes and advertising in local Newspapers. Should the opportunity arise for Rogers TV or local radio interviews, this will be included in the campaigns. A good communications and marketing campaign will also assist in building ridership and increasing revenue from fares. Ridership trends will be monitored to show the effectiveness of the advertising and marketing campaign. As the system continues to grow, the advertising and marketing campaign needs to increase to meet the demands of the changing community and make the system a success. Page 236 of 611 Report Title Inter-Community Transportation Grant Program Transfer Payment Agreement Report No. OPS 19-36 Author Kevin De Leebeeck, P.Eng. Director of Operations Meeting Type Council Meeting Council Date August 12, 2019 Attachments  Tillsonburg CTGP Transfer Payment Agreement Page 1 / 3 RECOMMENDATION THAT Council receive Report OPS 19-36 Inter-Community Transportation Grant Program Transfer Payment Agreement; AND THAT the Town of Tillsonburg supports the Inter-Community Transportation Project and is committed to its implementation by January 2020; AND FURTHER THAT the Town of Tillsonburg agrees to receiving and being responsible for the Community Transportation Grant Program funds from the Province of Ontario; AND FURTHER THAT a By-law to execute the Transfer Payment Agreement with the Province of Ontario be brought forward for Council consideration. SUMMARY In February 2018 the Town of Tillsonburg applied to the Ministry of Transportation (MTO) Community Transportation Grant Program (CTGP) for an Inter-Community Transit project. In April 2018 the Town received correspondence from the MTO that the Town was eligible to implement the inter-community transit project with funding approved up to $1,457,732 over 5 years (i.e. March 31, 2023). Due to the Provincial Election in June 2018 and subsequent change in political party leadership, public announcement of Community Transportation Grant recipients did not occur until January 2019. In late February 2019 MTO staff reached out and requested the inter-community transit project be implemented within one year of signing the Transfer Payment Agreement rather than the phased-in approach as contained within the original project application and indicated that the routes, scheduling and overall scope of the inter-community transit service was to remain unchanged. Town and MTO staff have since worked together to revise and finalized the inter-community project work plan with a copy of the Transfer Payment Agreement received on July 4, 2019. In order to receive the funding allocation the Town must now execute the attached Transfer Payment Agreement with the Province of Ontario. The Agreement must be signed and sealed with two copies returned to the MTO. The Town must also pass a by-law to execute the Agreement and provide a certified true copy along with a certificate of insurance to the MTO. Page 237 of 611 Page 2 / 3 CONSULTATION/COMMUNICATION The Director of Operations is in continuous direct contact with the Ministry’s Project Analyst assigned to the project file. FUNDING IMPACT/ FUNDING SOURCE The amount of Provincial grant funding to implement and operate the inter-community transit project totals $1,457,732 over the life of the CTGP program (i.e. March 2023), however a Service Sustainability Plan is required to be submitted to the MTO that describes a strategy to maintain the service after the expiry of the grant funding, or describes how other community organizations and service providers can provide an alternative service, or describes a plan for phasing out the service that mitigates impacts on riders after the CTGP program expires. COMMUNITY STRATEGIC PLAN (CSP) This initiative supports Objective 3 – Demographic Balance by supporting the aging population and active senior citizenship and Objective 4 – Culture and Community of the Community Strategic Plan by improving mobility and promoting environmentally sustainable living. Page 238 of 611 Page 3 / 3 Report Approval Details Document Title: OPS 19-36 Inter-Community Transportation Grant Program Transfer Payment Agreement.docx Attachments: - OPS 19-36 Attachment 1 - Tillsonburg CTGP Transfer Payment Agreement.pdf Final Approval Date: Aug 6, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Aug 1, 2019 - 2:05 PM David Calder - Aug 1, 2019 - 2:32 PM Donna Wilson - Aug 6, 2019 - 9:30 AM Page 239 of 611 Town of Tillsonburg and Ontario CTGP TPA THIS TRANSFER PAYMENT AGREEMENT for the Community Transportation Grant Program (the “Agreement”) is effective as of the Effective Date (both “Agreement” and “Effective Date” as defined in section A1.2 (Definitions)). B E T W E E N: Her Majesty the Queen in right of Ontario as represented by the Minister of Transportation for the Province of Ontario (the “Province”) - and - The Corporation of the Town of Tillsonburg (the “Recipient”) BACKGROUND: The Province has established the Community Transportation Grant Program (the “Program”) to fund municipalities to plan, implement and operate intercommunity and local transportation projects. The Recipient has applied to the Province for funds to assist the Recipient in carrying out the intercommunity or local transportation project(s), or both, as described in the Agreement and the Province wishes to provide such funds. The Agreement sets out the terms and conditions upon which the Province has agreed to provide funds, up to the Maximum Funds (as defined in section A1.2 (Definitions)), to the Recipient for the purpose of carrying out the Project (as defined in section A1.2 (Definitions)) and upon which the Recipient has agreed to carry out the Project. CONSIDERATION: In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: COMMUNITY TRANSPORTATION GRANT PROGRAM TRANSFER PAYMENT AGREEMENT Page 240 of 611 Town of Tillsonburg and Ontario CTGP TPA 1.0 ENTIRE AGREEMENT 1.1 Entire Agreement. The Agreement, including: Schedule “A” - General Terms and Conditions Schedule “B” - Project Specific Information Schedule “C” - Project Description, Budget and Timelines Sub-schedule “C.1” - Project Description Sub-schedule “C.2” - Project Budget Sub-schedule “C.3” - Project Timelines Schedule “D” - Eligible Expenditures and Ineligible Expenditures Schedule “E” - Claim and Payment Procedures Sub-schedule “E.1” - Payment Plan for Milestones and Reporting Schedule Schedule “F” - Reporting and Compliance Audit Sub-schedule “F.1” - Project Status Report Sub-schedule “F.2” - Interim and Final Financial Reports Sub-schedule “F.3” - Project Performance Reports Sub-schedule “F.4” - Service Sustainability Plan Schedule “G” - Communications Protocol Schedule “H” - Disposal of Vehicles Acquired with Funds, and any amending agreement entered into as provided for in section 4.1 (Amendments), constitutes the entire agreement between the Parties (as defined in section A1.2 (Definitions)) with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. 2.0 CONFLICT OR INCONSISTENCY 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between any of the requirements of: (a) Schedule “A” (General Terms and Conditions) and any of the requirements of another schedule or a sub-schedule, Schedule “A” (General Terms and Conditions) will prevail to the extent of the inconsistency; or (b) a schedule and any of the requirements of a sub-schedule, the schedule will prevail to the extent of the inconsistency. Page 241 of 611 Town of Tillsonburg and Ontario CTGP TPA 3.0 COUNTERPARTS 3.1 Counterparts. The 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. 4.0 AMENDING THE AGREEMENT 4.1 Amendments. The Agreement may only be amended by a written agreement. 4.2 Execution of Amending Agreements. An amending agreement under section 4.1 (Amendments) must be executed by the respective representatives of the Parties listed on the signature page below. 4.3 Execution of Amending Agreements - Exceptions. Despite section 4.2 (Execution of Amending Agreements), an amending agreement under section 4.1 (Amendments) for amendments to one or more of the following: (a) the definitions for the following terms in Schedule “A” (General Terms and Conditions): (i) “Completion Date”; and (ii) “Expiry Date”; and (b) Schedules “C” (Project Description, Budget and Timelines) to “F” (Reporting and Compliance Audit), each respectively, and any of their respective sub-schedules; may be executed by the respective authorized representatives of the Parties listed in Schedule “B” (Project Specific Information) for the purpose of such amendments. 5.0 ACKNOWLEDGEMENT 5.1 Acknowledgement. The Recipient acknowledges that: (a) by receiving Funds (as defined in section A1.2 (Definitions)), it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the Broader Public Sector Accountability Act, 2010 (Ontario), the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor General Act (Ontario); Page 242 of 611 Town of Tillsonburg and Ontario CTGP TPA (b) Her Majesty the Queen in right of Ontario has issued expenses, perquisites, and procurement directives and guidelines pursuant to the Broader Public Sector Accountability Act, 2010 (Ontario); (c) the Funds are: (i) to assist the Recipient to carry out the Project and not to provide goods or services to the Province; (ii) funding for the purposes of the Public Sector Salary Disclosure Act, 1996 (Ontario); (d) the Province is not responsible for carrying out the Project; and (e) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that 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 that Act. 5.2 MFIPPA. The Province acknowledges that the Recipient is bound by the Municipal Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Recipient in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. - SIGNATURE PAGE FOLLOWS - Page 243 of 611 Town of Tillsonburg and Ontario CTGP TPA 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 _________________ ______________________________ Date Name: Caroline Mulroney Title: Minister THE CORPORATION OF THE TOWN OF TILLSONBURG _________________ ______________________________ Date Name: Stephen Molnar Title: Mayor I have authority to bind the Recipient. _________________ ______________________________ Date Name: Donna Wilson Title: Clerk I have authority to bind the Recipient. Page 244 of 611 Town of Tillsonburg and Ontario CTGP TPA SCHEDULE “A” GENERAL TERMS AND CONDITIONS A1.0 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the background and the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; and (e) all accounting terms not otherwise defined in the Agreement have their ordinary meanings. A1.2 Definitions. In the Agreement, the following terms will have the following meanings: “Agreement” means this Agreement, entered into between the Province and the Recipient, all of the schedules and sub-schedules listed in section 1.1 (Entire Agreement), and any amending agreement entered into pursuant to section 4.1 (Amendments). “Authorities” means any government authority, agency, body or department, whether federal, provincial or municipal, having or claiming jurisdiction over the Agreement or the Project, or both. “Budget” means the budget set out in Sub-schedule “C.2” (Project Budget). “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 has elected to be closed for business. “Completion Date” means March 31, 2023. “Contract” means a contract between the Recipient and a Third Party whereby the Third Party agrees to supply goods or services, or both, for the Project in return for financial consideration. Page 245 of 611 Town of Tillsonburg and Ontario CTGP TPA “Effective Date” means the date of signature by the last signing Party to the Agreement. “Eligible Expenditures” means the costs of the Project that are eligible for funding by the Province under the Agreement, and that are further described in Schedule “D” (Eligible Expenditures and Ineligible Expenditures). “Event of Default” has the meaning ascribed to it in section A13.1 (Events of Default). “Expiry Date” means September 30, 2023. “Funding Year” means: (a) in the case of the first Funding Year, the period commencing on April 30, 2018 and ending on the following March 31; and (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Indemnified Parties” means Her Majesty the Queen in right of Ontario, Her ministers, agents, appointees and employees. “Intercommunity Project” means an intercommunity project as described in paragraph C.1.1.2 (a). “Local Project” means a local project as described in paragraph C.1.1.2 (b). “Material Adverse Effect” means a material adverse effect on one or more of the following: (a) the Project; and (b) the business, assets, operations or financial condition of the Recipient. “Maximum Funds” means the maximum Funds set out in Schedule “B” (Project Specific Information). “Notice” means any communication given or required to be given pursuant to the Agreement. Page 246 of 611 Town of Tillsonburg and Ontario CTGP TPA “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default, pursuant to paragraph A13.3(b), and includes any such period or periods of time by which the Province extends that time in accordance with section A13.4 (Recipient not Remedying). “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Program” means the Community Transportation Grant Program the Province has established to provide municipalities with the Funds. “Project” means the undertaking described in Schedule “C” (Project Description, Budget and Timelines). “Reports” means the reports described in Schedule “F” (Reporting and Compliance Audit). “Requirements of Law” means all applicable requirements, laws, statutes, codes, acts, ordinances, approvals, orders, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licences, authorizations, directions, and agreements with all Authorities. “Term” means the period of time described in section A3.1 (Term). “Third Party” means any legal entity, other than a Party, who supplies goods or services, or both, to the Recipient for the Project. “Timelines” means the Project timelines set out in Sub-schedule “C.3” (Project Timelines). A2.0 REPRESENTATIONS, WARRANTIES AND COVENANTS A2.1 General. The Recipient represents, warrants and covenants that: (a) it is, and will continue to be, a validly existing legal entity with full power to fulfill its obligations under the Agreement; (b) it has, and will continue to have, the experience and expertise necessary to carry out the Project; (c) it is in compliance with, and will continue to comply with, all Requirements of Law related to any aspect of the Project, the Funds, or both; Page 247 of 611 Town of Tillsonburg and Ontario CTGP TPA (d) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds including, without limitation, information relating to any eligibility requirements, the Project, Budget and Timelines was true and complete at the time the Recipient provided it and will continue to be true and complete; (e) there are no actions, suits or proceedings pending or, to the knowledge of the Recipient, threatened, which would reasonably be expected to have a Material Adverse Effect; and (f) each of the material agreements to which the Recipient is a party (including leases) is in good standing in all material respects and in full force and effect, and no breach of such agreements has occurred by the Recipient or, to the Recipient’s knowledge, any of the other parties to such agreements which could reasonably be expected to have a Material Adverse Effect. A2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement. A2.3 Governance. The Recipient represents, warrants and covenants that it has, will maintain, in writing, and will follow: (a) a code of conduct and ethical responsibilities for all persons at all levels of the Recipient’s organization; (b) procedures to enable the Recipient’s ongoing effective functioning; (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 complete the Project successfully; (f) procedures to enable the Recipient to identify risks to the completion of the Project, and strategies to address the identified risks, all in a timely manner; (g) procedures to enable the preparation and submission of all Reports required pursuant to Article A7.0 (Reporting, Accounting and Review); and Page 248 of 611 Town of Tillsonburg and Ontario CTGP TPA (h) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to carry out its obligations under the Agreement. A2.4 Supporting Proof. Upon request of the Province and within the timelines set out in the request, the Recipient will provide the Province with proof of the matters referred to in this Article A2.0 (Representations, Warranties and Covenants). A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0 (Termination on Notice), Article A12.0 (Termination Where No Appropriation or Reduced Ministerial Funding Levels), or Article A13.0 (Event of Default, Corrective Action, and Termination for Default). A4.0 FUNDS AND CARRYING OUT THE PROJECT A4.1 Funds Provided. The Province will: (a) provide the Recipient up to the Maximum Funds for the purpose of carrying out the Project; (b) provide the Funds to the Recipient in accordance with the payment procedures provided for in Schedule “E” (Claim and Payment Procedures); and (c) deposit the Funds into an account designated by the Recipient provided that the 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 (Funds Provided): (a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof as the Province may request pursuant to section A10.2 (Proof of Insurance); (b) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project; Page 249 of 611 Town of Tillsonburg and Ontario CTGP TPA (c) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A7.1 (Preparation and Submission); (d) if, pursuant to the Financial Administration Act (Ontario), the Province does not receive the necessary appropriation from the Ontario Legislature for payment under the Agreement, or ministerial funding levels in respect of transfer payments are reduced, 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 or Budget, or both; or (ii) terminate the Agreement pursuant to section A12.1 (Termination Where No Appropriation or Reduced Ministerial Funding Levels); and (e) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the Province with a copy of the Recipient’s by- law(s) and, if applicable, resolution(s), authorizing it to enter into the Agreement and designating the Recipient’s signing officer for the Agreement. A4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the following: (a) carry out or ensure the Project is carried out in accordance with the Agreement; (b) use the Funds only for the purpose of carrying out the Project; (c) spend the Funds only for Eligible Expenditures and in accordance with the Budget; and (d) not use the Funds to cover any Eligible Expenditure that has or will be funded or reimbursed by one or more of any third party, including any level of government, or ministry, agency, or organization of the Government of Ontario, other than the Province pursuant to the Agreement. A4.4 Interest Bearing Account. If the Province provides Funds 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. Page 250 of 611 Town of Tillsonburg and Ontario CTGP TPA A4.5 Interest. If the Recipient earns any interest on the Funds, the Province may: (a) deduct an amount equal to the interest from any further instalments of Funds; or (b) demand from the Recipient the repayment of an amount equal to the interest. A4.6 Rebates, Credits and Refunds. The Province will calculate Funds based on the actual Eligible Expenditures to the Recipient to carry out the Project, 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 Recipient’s Acknowledgement of Responsibility for Project. The Recipient will assume full responsibility for the Project including, without limitation: (a) complete, diligent and timely project implementation within the costs and timelines specified in the Agreement and in accordance with all other terms and conditions of the Agreement; (b) the entire costs of the Project including, without limitation, overruns if any; (c) subsequent operation, maintenance, repair, rehabilitation, demolition or reconstruction, as required and as per appropriate standards, and any related costs for the full lifecycle of the Project; and (d) undertaking, or causing to be undertaken, any engineering and construction work in accordance with industry standards. A4.8 Disclosure of Other Financial Assistance and Adjustments. The Recipient will inform the Province promptly of any financial assistance received for the Project from sources other than the Province pursuant to the Agreement. Upon receipt of such information, the Province may take one or more of the following actions: (a) reduce the Funds in; or (b) demand from the Recipient the payment of an amount no greater than the aggregate amount of the financial assistance received from the other sources, up to the Funds. A4.9 Inability to Complete the Project. If, at any time during the Term, the Recipient determines that it will not be possible for it to complete the Project for any reason, including, without limitation, lack of funding available for the Project (the “Issue”), the Recipient will immediately notify the Province of that determination Page 251 of 611 Town of Tillsonburg and Ontario CTGP TPA and provide the Province with a summary of the measures the Recipient proposes to remedy the Issue. If the Province is not satisfied that the measures proposed will be adequate to remedy the Issue, then the Province may initiate any one or more of the actions provided for in section A13.2 (Consequences of Events of Default and Corrective Action). A5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF VEHICLES ACQUIRED WITH FUNDS A5.1 Acquisition. If the Recipient acquires goods or services, or both, with the Funds, it will: (a) do so through a process that promotes the best value for money; and (b) comply with the Broader Public Sector Accountability Act, 2010 (Ontario), including any procurement directive issued thereunder, to the extent applicable. A5.2 Disposal. The Recipient will not, without the Province’s prior written consent, sell, lease or otherwise dispose of any vehicle acquired with Funds other than in accordance with the terms and conditions set out in Schedule “H” (Disposal of Vehicles Acquired with Funds). A5.3 Contract Provisions. The Recipient will ensure that all Contracts are consistent with and incorporate the relevant provisions of the Agreement. More specifically but without limiting the generality of the foregoing, the Recipient agrees to include provisions in all Contracts to: (a) ensure that proper and accurate accounts and records are kept and maintained as required under the Agreement; (b) ensure compliance with all applicable Requirements of Law including, without limitation, labour and human rights legislation; and (c) secure the rights of the Province described in section A7.7 (Inspection and Audit of Contracts). A6.0 CONFLICT OF INTEREST AND RELATED PARTIES A6.1 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential or perceived conflict of interest. Page 252 of 611 Town of Tillsonburg and Ontario CTGP TPA A6.2 Conflict of Interest Includes. For the purposes of this Article A6.0 (Conflict of Interest and Related Parties), a 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. A6.3 Disclosure to 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 prescribe as a result of the disclosure. A7.0 REPORTING, ACCOUNTING AND REVIEW A7.1 Preparation and Submission. The Recipient will: (a) submit to the Province at the address provided in section A17.1 (Notice in Writing and Addresses), all Reports in accordance with the timelines and content requirements set out in Schedule “F” (Reporting and Compliance Audit), or in a form as specified by the Province from time to time; (b) submit to the Province at the address provided in section A17.1 (Notice in Writing and Addresses), any other reports as may be requested by the Province in accordance with the timelines and content requirements specified by the Province; (c) ensure that all Reports and other reports are completed to the satisfaction of the Province; and (d) ensure that all Reports and other reports are signed on behalf of the Recipient by an authorized signing officer. A7.2 Record Maintenance. The Recipient will keep and maintain: (a) all financial records including, without limitation, invoices, statements, receipts, and vouchers relating to the Funds or otherwise to the Project in Page 253 of 611 Town of Tillsonburg and Ontario CTGP TPA a manner consistent with generally accepted accounting principles; (b) all non-financial documents and records relating to the Funds or otherwise to the Project, including, without limitation, all Contracts; and (c) the accounts, records and other documents described in paragraphs A7.2(a) and (b) for at least seven years after the expiry or termination of the Agreement. A7.3 Inspection. The Province, any authorized representative, or any independent auditor identified by the Province may, at the Province’s expense, upon twenty- four hours’ Notice to the Recipient and during normal business hours, enter upon the Recipient’s premises to review the progress of the Project and the Recipient’s allocation and expenditure of the Funds and, for these purposes, the Province, any authorized representative, or any 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 A7.2 (Record Maintenance); (b) remove any copies made pursuant to paragraph A7.3(a) 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. A7.4 Disclosure. To assist in respect of the rights provided for in section A7.3 (Inspection), the Recipient will disclose any information requested by the Province, any authorized representatives, or any independent auditor identified by the Province, and will do so in the form requested by the Province, any authorized representative, or any independent auditor identified by the Province, as the case may be. A7.5 No Control of Records. No provision of the Agreement will be construed so as to give the Province any control whatsoever over the Recipient’s records. A7.6 Auditor General. The Province’s rights under this Article A7.0 (Reporting, Accounting and Review) are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Auditor General Act (Ontario). A7.7 Inspection and Audit of Contracts. The Recipient will ensure all Contracts include the right of the Province, its authorized representatives and independent auditors identified by the Province and the Auditor General to carry out the inspections and audits contemplated pursuant to the Agreement, including any compliance audit under Schedule “F” (Reporting and Compliance Audit) and will coordinate access with any Third Party for the purpose of such inspections and audits. Page 254 of 611 Town of Tillsonburg and Ontario CTGP TPA A7.8 Due Diligence. The Recipient confirms the Recipient’s consent to the Province releasing any of the Recipient’s information, however obtained, with any government authority, agency, body or department, whether federal, provincial or municipal, for the purpose of conducting any financial, legal and technical due diligence review of the Recipient and the Project, including the Recipient’s compliance with any of the Recipient’s obligations under the Agreement, any Requirements of Law or Contract. A7.9 Recipient’s Audits. The Recipient will carry out any audit the Province may request pursuant to Schedule “F” (Reporting and Compliance Audit). A8.0 COMMUNICATIONS REQUIREMENTS AND INFORMATION SHARING A8.1 Acknowledge Support. Unless otherwise directed by the Province, the Recipient will acknowledge the support of the Province for the Project as set out in Schedule “G” (Communications Protocol). A8.2 Publication. The Recipient will indicate, in any of its Project-related publications, whether written, oral, or visual, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. A9.0 INDEMNITY A9.1 Indemnification. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any and all 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 the Agreement, unless solely caused by the negligence or wilful misconduct of the Indemnified Parties. A10.0 INSURANCE A10.1 Recipient’s Insurance. The Recipient represents, warrants and covenants that it has, and will maintain, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the 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 $2,000,000.00 per occurrence. The insurance policy will include the following: Page 255 of 611 Town of Tillsonburg and Ontario CTGP TPA (a) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient’s obligations under, or otherwise in connection with, the Agreement; (b) a cross-liability clause; (c) contractual liability coverage; and (d) a 30-day written notice of cancellation. A10.2 Proof of Insurance. The Recipient will: (a) provide to the Province, either: (i) certificates of insurance that confirm the insurance coverage as provided for in section A10.1 (Recipient’s Insurance); or (ii) other proof that confirms the insurance coverage as provided for in section A10.1 (Recipient’s Insurance); and (b) upon the request of the Province, provide to the Province a copy of any insurance policy. A10.3 Reference to Program. The insurance policy referred to in section A10.1 (Recipient’s Insurance) will include, in addition to the provisions listed in that section, a reference to the Program. A11.0 TERMINATION ON NOTICE A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving at least 30 days’ Notice to the Recipient. A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1 (Termination on Notice), the Province may take one or more of the following actions: (a) cancel all further instalments of Funds; (b) demand from the Recipient the payment of any Funds 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 do either or both of the following: Page 256 of 611 Town of Tillsonburg and Ontario CTGP TPA (i) permit the Recipient to offset the costs against the amount the Recipient owes pursuant to paragraph A11.2(b); and (ii) subject to paragraph A4.1(a), provide Funds to the Recipient to cover such costs. A12.0 TERMINATION WHERE NO APPROPRIATION OR REDUCED MINISTERIAL FUNDING LEVELS A12.1 Termination Where No Appropriation or Reduced Ministerial Funding Levels. If, as provided for in paragraph A4.2(d), the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to the Agreement, or ministerial funding levels in respect of transfer payments are reduced, the Province may terminate the Agreement immediately without liability, penalty or costs by giving Notice to the Recipient. A12.2 Consequences of Termination Where No Appropriation or Reduced Ministerial Funding Levels. If the Province terminates the Agreement pursuant to section A12.1 (Termination Where No Appropriation or Reduced Ministerial Funding Levels), the Province may take one or more of the following actions: (a) cancel all further instalments of Funds; (b) demand from the Recipient the payment of any Funds 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 paragraph A12.2(b). A12.3 No Additional Funds. If, pursuant to paragraph A12.2(c), the Province determines that the costs to wind down the Project exceed the Funds remaining in the possession or under the control of the Recipient, the Province will not provide additional Funds to the Recipient. A13.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A13.1 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 material term of the Agreement including, Page 257 of 611 Town of Tillsonburg and Ontario CTGP TPA without limitation, failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; (ii) use or spend Funds; (iii) provide, in accordance with section A7.1 (Preparation and Submission), Reports or such other reports as may have been requested pursuant to paragraph A7.1(b); or (b) the Recipient’s operations, its financial condition, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements under the Agreement. A13.2 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: (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 period as the Province determines appropriate; (d) reduce the amount of the Funds; (e) cancel all further instalments of Funds; (f) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (g) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; and (i) terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. Page 258 of 611 Town of Tillsonburg and Ontario CTGP TPA A13.3 Opportunity to Remedy. If, in accordance with paragraph A13.2(b), 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. A13.4 Recipient not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to paragraph A13.2(b), 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 paragraphs A13.2(a), (c), (d), (e), (f), (g), (h) and (i). A13.5 When Termination Effective. Termination under this Article A13.0 (Event of Default, Corrective Action, and Termination for Default) will take effect as provided for in the Notice. A14.0 FUNDS AT THE END OF A FUNDING YEAR A14.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article A13.0 (Event of Default, Corrective Action, and Termination for Default), if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a) demand from the Recipient the payment of the unspent Funds; and (b) adjust the amount of any further instalments of Funds accordingly. A15.0 FUNDS UPON EXPIRY OF AGREEMENT A15.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds and interest remaining in its possession or under its control. Page 259 of 611 Town of Tillsonburg and Ontario CTGP TPA A16.0 DEBT DUE AND PAYMENT A16.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay an amount equal to the excess Funds to the Province. A16.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds or an amount equal to any Funds; or (b) the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not the Province has demanded their payment, such Funds or other amount will be deemed to be a debt due and owing to the Province by the Recipient, and the Recipient will pay the amount to the Province immediately, unless the Province directs otherwise. A16.3 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. A16.4 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 as provided for in Schedule “B” (Project Specific Information). A16.5 Fails to Pay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the 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. A17.0 NOTICE A17.1 Notice in Writing and Addresses. Notice will be in writing and will be delivered by email, postage-prepaid mail, personal delivery or fax, and addressed to the Province and the Recipient respectively as provided for in Schedule “B” (Project Specific Information), or as either Party later designates to the other by Notice. Page 260 of 611 Town of Tillsonburg and Ontario CTGP TPA A17.2 Notice Given. Notice will be deemed to have been given: (a) in the case of postage-prepaid mail, five Business Days after the Notice is mailed; or (b) in the case of email, personal delivery or fax, one Business Day after the Notice is delivered. A17.3 Postal Disruption. Despite paragraph A17.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be given; and (b) the Party giving Notice will provide Notice by email, personal delivery or by fax. A18.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A18.1 Consent. When the Province provides its consent pursuant to the Agreement, it may impose any terms and conditions on such consent and the Recipient will comply with such terms and conditions. A19.0 SEVERABILITY OF PROVISIONS A19.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. Any invalid or unenforceable provision will be deemed to be severed. A20.0 WAIVER A20.1 Waiver in Writing. Either Party may, in accordance with the Notice provision set out in Article A17.0 (Notice), ask the other Party to waive an obligation under the Agreement. A20.2 Waiver Applies. Any waiver a Party grants in response to a request made pursuant to section A20.1 (Waiver in Writing) will: (a) be valid only if the Party granting the waiver provides it in writing; and (b) apply only to the specific obligation referred to in the waiver. Page 261 of 611 Town of Tillsonburg and Ontario CTGP TPA A21.0 INDEPENDENT PARTIES A21.1 Parties Independent. The Recipient 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. A22.0 ASSIGNMENT OF AGREEMENT OR FUNDS A22.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A22.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on the Parties’ respective heirs, executors, administrators, successors, and permitted assigns. A23.0 GOVERNING LAW A23.1 Governing Law. The 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 the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A24.0 FURTHER ASSURANCES A24.1 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 the Agreement to their full extent. A25.0 JOINT AND SEVERAL LIABILITY A25.1 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 the Agreement. Page 262 of 611 Town of Tillsonburg and Ontario CTGP TPA A26.0 RIGHTS AND REMEDIES CUMULATIVE A26.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the 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. A27.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A27.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (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 for such period as the Province determines appropriate. A28.0 SURVIVAL A28.1 Survival. The following Articles, sections and paragraphs, and all applicable cross-referenced Articles, sections, paragraphs, schedules and sub-schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Articles 1.0 (Entire Agreement), 2.0 (Conflict or Inconsistency), 3.0 (Counterparts), and A1.0 (Interpretation and Definitions) and any other applicable definitions, paragraphs A2.1(a) and A4.2(d), sections A4.5 (Interest), A4.6 (Rebates, Credits and Refunds), A4.7 (Recipient’s Acknowledgement of Responsibility for Project), A4.8 (Disclosure of Other Financial Assistance and Adjustments), A5.2 (Disposal), A5.3 (Contract Provisions), A7.1 (Preparation and Submission) to the extent that the Recipient has not provided the Reports or other reports as may have been requested to the satisfaction of the Province, A7.2 (Record Maintenance), A7.3 (Inspection), A7.4 (Disclosure), A7.5 (No Control of Records), A7.6 (Auditor General), A7.7 (Inspection and Audit of Contracts), A7.8 (Due Diligence), A7.9 (Recipient’s Audits), Articles A8.0 (Communications Requirements and Information Sharing) and A9.0 (Indemnity), sections A11.2 (Consequences of Termination on Notice by the Province), A12.2 (Consequences of Termination Where No Appropriation Page 263 of 611 Town of Tillsonburg and Ontario CTGP TPA or Reduced Ministerial Funding Levels), A12.3 (No Additional Funds), and A13.1 (Events of Default), paragraphs A13.2(d), (e), (f), (g) and (h), Articles A15.0 (Funds Upon Expiry of Agreement), A16.0 (Debt Due and Payment), A17.0 (Notice), and A19.0 (Severability of Provisions), section A22.2 (Agreement Binding), Articles A23.0 (Governing Law), A25.0 (Joint and Several Liability), A26.0 (Rights and Remedies Cumulative), and A27.0 (Failure to Comply with Other Agreements), and this Article A28.0 (Survival). Page 264 of 611 Town of Tillsonburg and Ontario CTGP TPA SCHEDULE “B” PROJECT SPECIFIC INFORMATION Maximum Funds $1,457,732.00 Contact information for the purposes of Notice to the Province Position: Manager, Strategic Transit Investments Office Address: Strategic Investments and Programs Branch Ontario Ministry of Transportation 777 Bay Street, 30th Floor Toronto ON M7A 2J8 Phone: 416-710-5616 Fax: 416-585-7343 Email: CTProgram@ontario.ca Contact information for the purposes of Notice to the Recipient Position: Director of Operations Address: 200 Broadway, Suite 204, Tillsonburg, Ontario, N4G 5A7 Phone: 519-688-3009 ext. 2232 Fax: 519-842-9431 Email: kdeleebeeck@tillsonburg.ca Authorized representative of the Province for the purpose of Section 4.3 (Execution of Amending Agreements - Exceptions) Position: Director, Strategic Investments and Programs Address: Strategic Investments and Programs Branch Ontario Ministry of Transportation 777 Bay Street, 30th Floor Toronto ON M7A 2J8 Phone: 416-585-7637 Fax: 416-585-7343 Email: CTProgram@ontario.ca Authorized representative of the Recipient for the purpose of Section 4.3 (Execution of Amending Agreements - Exceptions) Position: Chief Administrative Officer Address: 200 Broadway, Suite 204, Tillsonburg, Ontario, N4G 5A7 Phone: 519-688-3009 ext. 3227 Fax: 519-842-9431 Email: dcalder@tillsonburg.ca Page 265 of 611 Town of Tillsonburg and Ontario CTGP TPA SCHEDULE “C” PROJECT DESCRIPTION, BUDGET AND TIMELINES C1.0 PROJECT DESCRIPTION, BUDGET AND TIMELINES C1.1 Project Description. The Recipient will carry out the Project as described in Sub-schedule “C.1” (Project Description). C1.2 Budget. The Recipient will carry out the Project in accordance with the Budget in Sub-schedule “C.2” (Project Budget). C1.3 Timelines. The Recipient will carry out the Project within the Timelines in Sub- schedule “C.3” (Project Timelines). Page 266 of 611 Town of Tillsonburg and Ontario CTGP TPA SUB-SCHEDULE “C.1” PROJECT DESCRIPTION C.1.1.0 PROJECT DESCRIPTION C.1.1.1 Project Description. The Project includes a Local Project or an Intercommunity Project, or both. C.1.1.2 Description and Scope of Service of Intercommunity Project or Local Project (a) If the Project includes an Intercommunity Project, the Intercommunity Project will be as described in Table C.1.1.2 (a) (Intercommunity Project Summary) and, at a minimum, will meet the following service requirements: (i) offer a fixed route service with regular scheduled stops in municipalities in addition to the Recipient municipality; (ii) operate five days per week, where feasible; (iii) offer two return trips per day, where feasible, or a minimum of one return trip per day; (iv) use a vehicle or vehicles with 10 or more passenger seats; and (v) charge fares, as determined by the Recipient, to cover a portion of the costs of the services provided, up until the Completion Date. Table C.1.1.2 (a): Intercommunity Project Summary Intercommunity Project Expected Date of Service January 2020 Description The Town of Tillsonburg will implement an Intercommunity Project comprised of four intercommunity bus routes as follows: Page 267 of 611 Town of Tillsonburg and Ontario CTGP TPA Route 1: Tillsonburg to Woodstock and Ingersoll Loop This inter-city service will operate using two buses to provide the core service between Tillsonburg and Woodstock, with connections in South West Oxford, Norwich, and Ingersoll. The service will run on several loops throughout the day, with schedules aligned when possible, to other services such as Woodstock Transit, VIA Rail and Greyhound. There are two planned phases for this service: • Phase 1: will be to run the Tillsonburg to Woodstock service on three return runs per day, five days per week. This phase will be implemented in January 2020. • Phase 2: will be implemented in January 2022, increasing service as needed to provide four runs per day, five days a week. This will support various connection schedules within Oxford and Norfolk Counties. The route will begin at Tillsonburg Centre moving along Broadway Street (Highway 19) to Tillsonburg Hospital. The route will then continue as follows: • Broadway Street (Northbound) to Highway 19 and Ostrander Road (Stop) • Ostrander Road (County Road 19) through Springford (Stop) and Otterville (Stop) • Highway 59 to Norwich (Stop) • Continue north and then west on Highway 59 through Burgessville (Stop) into Woodstock • Highway 59 to Juliana Drive to Woodstock Hospital (Stop) • North on Finkle Street to Henry Street (Via Rail Station) • East on Henry Street to Wilson Street to Dundas Street and Woodstock Transit Terminal (Stop) • County Road 9 to Beachville (Stop) and Centreville (Stop) • Thames Street North to Via Rail Station (Stop) • Thames Street South to Nixon to Ingersoll Hospital (Stop) The bus will continue on to Tillsonburg through South West Oxford, while the second bus makes the same trip in the opposite direction. • Highway 19 to Mt. Elgin (Stop) • County Roads 18 and 10 to Brownsville (Stop) • County Road 20 to Delmer (Stop) • Delmer and Hawkins Road to Tillsonburg • Tillsonburg Hospital and Town Centre (Stop) The total one-way distance of this route is approximately 115 kilometres. The municipalities served by this route include Tillsonburg, Norwich, South West Oxford, Woodstock and Ingersoll. The service will provide connections to Woodstock Transit, VIA Rail and Greyhound Bus Lines. Page 268 of 611 Town of Tillsonburg and Ontario CTGP TPA The service will use a 10-seat wheelchair accessible bus. Phase 1 of this service will provide three runs per day, five days per week. Phase 2 of this service will provide 4 runs per day five days per week. Fares ($5-$10) will be available on-board, at the Livingston Centre in Tillsonburg as well as other locations that will be finalized prior to the launch of the service. Route 2: Connection to Ride Norfolk A second route will be implemented in January 2020, which connects Tillsonburg with Norfolk County residents who have indicated a transportation need to go into Tillsonburg, a service not currently provided by Ride Norfolk. This route will also connect with Ride Norfolk two days a week in Courtland and Delhi. Depending on demand, it may be deemed necessary to add service on another day. Based on current demand by Tillsonburg residents, this is likely to include Friday service to Delhi. Monday Service: Tillsonburg to Langton and Courtland Wednesday Service: Tillsonburg to Delhi, Langton and Courtland The route will begin at Tillsonburg Centre, moving along Broadway (Highway 19) to Tillsonburg Hospital. The route will then continue as follows: • Highway 3 to Delhi (Stop) • Highway 3 to Highway 59 to Langton (Stop) • Highway 59 to Courtland (Stop) • Highway 3 to Tillsonburg Centre and Tillsonburg Hospital The total one-way distance of this route is approximately 48 km for Monday service and 68 km for Wednesday service, depending on integration with Ride Norfolk system. Municipalities served by this service will include Tillsonburg and Norfolk County, and connections will be provided to the Ride Norfolk service. The service will utilize a 10-seat wheelchair accessible bus. Service will be provided three times a day on Mondays and Wednesdays and likely include Friday service based on current demand. Fares ($5-$10) will be available on-board, at the Livingston Centre in Tillsonburg as well as other locations that will be finalized prior to the launch of the service. Page 269 of 611 Town of Tillsonburg and Ontario CTGP TPA Route 3: Tillsonburg to the Municipality of Bayham This route will connect Tillsonburg with Straffordville, Vienna, and Port Burwell in the Municipality of Bayham. The intent of this run is to provide general service to Bayham residents into Tillsonburg for accessing community and social services. Additional runs and stops may be added depending on demand for employment access. This route works for residents of both municipalities in accessing employment. Employment opportunities for Tillsonburg residents are just outside of T:GO’s service area, but are important for residents in accessing and maintaining gainful employment. The schedule will relate with the Route 2 connection with Ride Norfolk, as it is the goal to use the same bus to perform both routes. The route will begin at Tillsonburg Centre and run as follows: • Highway 19 to Straffordville • Continue along Highway 19 to Vienna • Continue along Highway 19 to Port Burwell The return trip will take the same route back. Municipalities served will include Tillsonburg and Bayham (includes the communities of Straffordville, Vienna, and Port Burwell). Service will be provided with three return trips per day, two days per week, with possible extension to three days per week, or daily depending upon demand for employment transit. Fares ($5-$10) will be available on-board or at the Bayham Municipal Offices. Route 4: Woodstock Hospital to Victoria Hospital, London Ontario Transportation to London, via Woodstock Hospital, will be phased in by January 2020. The identified need for Oxford County residents is to connect to London hospitals for specialist appointments, as well as visiting friends and families who have been transferred to London. Implementation of this particular service will depend on the availability and convenience of existing services that connect Oxford County to London, such as Greyhound and VIA Rail. Furthermore, some community agencies provide volunteer, medical transportation to London. As the inter-city connections build in the first two years of the Pilot Program, on-going surveys and review of requests will determine the type, and level of service available to Oxford residents. Connections will be provided to and from Woodstock Hospital via Route 1 as follows: • The route will begin at Woodstock Hospital • Highway 2 to County Road 7 Page 270 of 611 Town of Tillsonburg and Ontario CTGP TPA • Thames St. South to Noxon St. to Ingersoll Hospital (Stop) • County Road 119 to Highway 401 to Highbury North • Commissioners Road to Victoria Hospital The total one-way distance of this route is approximately 65 kilometres. Municipalities to be served by this service include Tillsonburg, Norwich, South West Oxford, Woodstock, and Ingersoll. Connections will be provided to Tillsonburg, South West Oxford, Norwich via Route 1; London Transit, and Victoria Hospital. The service will be provided with two return trips per day twice a week, increasing to three trips per day and potentially three times a week depending on demand. Fares ($10-$15) will be available on-board, at the Livingston Centre in Tillsonburg as well as other locations that will be finalized prior to the launch of the service. (b) If the Project includes a Local Project, the Local Project will be as described in Table C.1.1.2 (b) (Local Project Summary) and each community organization the Recipient identified in its application for funding under the Program: (i) is, and will continue to be for the term of the Agreement, incorporated; (ii) has been in operation for at least one year prior to February 28, 2018; and (iii) will participate in the Project as described in the Recipient’s application for funding up until the Completion Date. Table C.1.1.2 (b): Local Project Summary Local Project Expected Date of Service N/A Description N/A Page 271 of 611 Town of Tillsonburg and Ontario CTGP TPA SUB-SCHEDULE “C.2” PROJECT BUDGET Page 272 of 611 Town of Tillsonburg and Ontario CTGP TPA SUB-SCHEDULE “C.3” PROJECT TIMELINES C.3.0 TIMELINES C.3.1 Timelines for Services. The Recipient will provide the community transportation services under the Project starting no later than one year after the Effective Date and, at a minimum, up until the Completion Date. C.3.2 Work Plan(s). The Recipient will carry out the Project in accordance with the following work plan(s): Table C.3.2 (a): Intercommunity Project Work Plan Project Work Plan Order Key Milestone Project Tasks Start Date End Date Responsibility 1. Engage Transit Coordinator Hire/contract transit coordinator 2019/05 2023/03 The Recipient 2. Retain transit consulting services • Assist with route review & consultation process • Assist with schedule development • Assist with request for proposals (RFP) development and award evaluation • Assist with marketing strategy and communications plan • Assist with establishing performance measures and monitoring program 2019/06 2021/03 Recipient staff, Transit Coordinator Page 273 of 611 Town of Tillsonburg and Ontario CTGP TPA Project Work Plan Order Key Milestone Project Tasks Start Date End Date Responsibility 3. Route review & consultation • Consult with municipal planning & public works departments and confirm bus stop locations • Confirm route schedule and connections timing 2019/07 2019/08 Recipient Staff, Transit Coordinator, Consultant 4. RFP – bus contractor • Prepare RFP for operation of transit system • RFP issued for bid • Award RFP 2019/08 2019/09 2019/11 2019/09 2019/10 2019/11 Recipient Staff, Transit Coordinator, Consultant 5. Marketing & communications • Finalize fare structure, brochures, website, contact number, etc. • Promotion of new service, public information centres, etc. 2019/09 2019/11 2019/10 2019/12 Recipient Staff, Transit Coordinator, Consultant 6. Project launch • Route 1 – Oxford South - Phase 1 - Phase 2 • Route 2 & 3 Norfolk/Bayham • Route 4 – London 2020/01 2022/01 2020/01 2020/01 2023/03 2023/03 2023/03 2023/03 Recipient Staff, Transit Coordinator, Consultant 7. Project monitoring & reporting • Track key performance measures • Monitor/analyze statistics • Reporting as required under the Agreement 2020/01 2023/03 Recipient Staff, Transit Coordinator, Consultant Page 274 of 611 Town of Tillsonburg and Ontario CTGP TPA Table C.3.2 (b): Local Project Work Plan [N/A] Page 275 of 611 Town of Tillsonburg and Ontario CTGP TPA SCHEDULE “D” ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES D1.0 DEFINITION D1.1 Definition. In this Schedule “D” (Eligible Expenditures and Ineligible Expenditures): “Ineligible Expenditures” means the costs of the Project that are ineligible for funding by the Province under the Agreement, and that are further described in Article D3.0 (Ineligible Expenditures). D2.0 ELIGIBLE EXPENDITURES D2.1 Scope of Eligible Expenditures (a) Eligible Expenditures are the expenditures that are directly related to and necessary for the successful implementation and operation of the Project. (b) Non-capital Eligible Expenditures can accrue as of April 30, 2018 and up until the Completion Date, or up until another date agreed upon by the Province in writing and at its sole discretion. Non-capital Eligible Expenditures include items (a) to (m), (o), and (p) under section D.2.3 (Eligible Expenditures), and may include, at the Province’s sole discretion, item (q) under that section. (c) Capital Eligible Expenditures can accrue as of the Effective Date and up until the Completion Date, or up until another date agreed upon by the Province in writing and at its sole discretion. Capital Eligible Expenditures include item (n) under section D.2.3 (Eligible Expenditures), and may include, at the Province’s sole discretion, item (q) under that section. (d) No expenditures, including an expenditure that would have otherwise been eligible for funding under the Agreement, incurred outside of any of the periods set out in paragraphs D2.1 (b) or (c) will be eligible for payment under the Agreement. D2.2 Required Documentation. Eligible Expenditures must be documented through paid invoices or original receipts, or both, satisfactory to the Province. D2.3 Eligible Expenditures. Provided that the requirements under section D2.1 (Scope of Eligible Expenditures) and D2.2 (Required Documentation) are met, Eligible Expenditures may, at the Province’s sole discretion, include: Page 276 of 611 Town of Tillsonburg and Ontario CTGP TPA (a) Salary and benefits of staff/consultants hired/retained for the planning, implementation and operation of the Local Project(s) or Intercommunity Project(s), or both, and for no other purpose; (b) Costs of consultant services retained for the sole purpose of assisting the Recipient and community organization(s) in the implementation of the Local Project(s) or Intercommunity Project(s) bus routes, or both (e.g., to assist in the implementation of information technology or the facilitation of cooperative initiatives between the Recipient and the community organizations or the design of intercommunity routes, service frequencies and locations of bus stops); (c) Costs of consultant/facilitation services retained for the sole purpose of assisting the Recipient in developing and building partnerships with community organizations or other municipalities that are part of the Project; (d) Administrative costs directly related to the planning, implementation or operation of the Project, not exceeding 10% of the Maximum Funds; (e) Purchase, implementation and operation costs of a contact number or website, or both; (f) Purchase, implementation/installation and licensing costs for software or hardware, or both; (g) Procurement of community transportation services or intercommunity transportation services from a service provider (e.g., vehicles, drivers, booking and dispatch services) that are part of the Project; (h) Legal services for the drafting of legal agreements related to the Project; (i) Costs of holding, facilitating or attending meetings/consultation, events/workshops with community transportation organizations or partner municipalities, or both, for the Project or for the purpose of learning, networking and information exchange that is related to the Project; (j) Training costs related to the implementation or operation of the Project; (k) Ontario-only travel and accommodation costs directly related to the Project. Those costs must align with the Government of Ontario’s Travel, Meal and Hospitality Expenses Directive; (l) Facilities costs of centralizing functions or operations of the Project, including the costs of securing locations for pick-up and drop-off of passengers; Page 277 of 611 Town of Tillsonburg and Ontario CTGP TPA (m) Public outreach, communications materials and activities to promote the Project and service; (n) Vehicle leases or purchases (accessible vehicles must comply with Reg. 629 – Accessible Vehicles, R.R.O. 1990, under the Highway Traffic Act, R.S.O. 1990, c. H.8.); (o) Permits and fees required for vehicles used for the community transportation or any long-distance service components of the Project; (p) Equipment, supplies, materials, and services associated with the implementation and operation of the Project; and (q) Any other costs which, in the opinion and at the sole discretion of the Province, are considered necessary for the completion of the Project and for which the Province has provided its prior written consent prior having been incurred. D3.0 INELIGIBLE EXPENDITURES D3.1 Scope of Ineligible Expenditures. Unless a cost is considered an Eligible Expenditure pursuant to Article D2.0 (Eligible Expenditures), in the opinion and at the sole discretion of the Province, such cost will be considered an Ineligible Expenditure. Without limitation, the following costs will be considered Ineligible Expenditures: (a) Cash prizes or direct subsidies to individuals that are not related to community transportation services; (b) Food and beverages; (c) Refundable goods and services tax, pursuant to the Excise Tax Act, R.S.C. 1985, c. E. 15, or other refundable expenses; (d) Deficit reduction; (e) Costs funded or reimbursed by an entity other than the Province under the Agreement; (f) Costs for which the Recipient has received, will receive, or is eligible to receive a rebate, credit or refund; (g) Amortization or depreciation expenses associated with capital assets acquired with Funds; Page 278 of 611 Town of Tillsonburg and Ontario CTGP TPA (h) Salary, benefits, and costs of staff/consultants hired/retained by the Recipient who, in addition to work/services for the Project, carry out work/services for the Recipient other than for the Project; and (i) Any other costs, as determined by the Province from time to time and at its sole discretion. Page 279 of 611 Town of Tillsonburg and Ontario CTGP TPA SCHEDULE “E” CLAIM AND PAYMENT PROCEDURES E1.0 CLAIMS E1.1 Claim. The submission of the documents listed under the “Documents Required for Payments” column for each payment in Sub-schedule “E.1” (Payment Plan for Milestones and Reporting Schedule) constitutes a claim for that payment. E2.0 SUBMISSION OF CLAIMS AND PAYMENT PLAN E2.1 Timing for Submission of Claims and Payment Amounts. The timing for the submission of and the payment amount for each claim under the Agreement are set out in Sub-schedule “E.1” (Payment Plan for Milestones and Reporting Schedule). E2.2 Conditions for Milestone Payments. The payment of Funds will be conditional upon the Province having first received: (a) for each payment, the documents specified for that payment under the “Documents Required for Payment” column in Sub-schedule “E.1” (Payment Plan for Milestones and Reporting Schedule); and (b) for the payment 3A, and any subsequent payment, evidence that the community transportation service(s) under the Project is/are 100% implemented. For the payments 3A to 3D, the Province, at its sole discretion, may pay the amount for the Local Project separately from the Intercommunity Project. E2.3 Claim Payments. Subject to the terms and conditions set out in the Agreement including, without limitation, any necessary appropriation from the Ontario Legislature and ministerial funding levels in respect of transfer payments, 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 the timelines set out in Sub-schedule “E.1” (Payment Plan for Milestones and Reporting Schedule). For greater clarity, the Recipient agrees that the timelines set out in Sub-schedule “E.1” (Payment Plan for Milestones and Reporting Schedule) are estimates only and, despite the Province using reasonable efforts, there may be delays in payments. E2.4 No Interest. The Province will under no circumstances be liable for interest for failure to make a payment within the estimated timelines set out in Sub-schedule “E.1” (Payment Plan for Milestones and Reporting Schedule). Page 280 of 611 Town of Tillsonburg and Ontario CTGP TPA E3.0 SUBMISSION OF CLAIMS E3.1 Time Limit for Submission of Claims. In addition to meeting the requirements in section E2.2 (Conditions for Milestone Payments), the Recipient is required to submit all claims for payment within 180 days of the Completion Date. The Province will have no obligation to pay a claim after this date. E4.0 ADDITIONAL INFORMATION E4.1 Additional Information upon the Province’s Request. The Province may, at its sole discretion, request additional information from the Recipient prior to processing any payment. E4.2 Timing for the Submission of Additional Information. The Recipient will, unless the Province otherwise agrees upon in writing and at its sole discretion, provide any information the Province requests under section E.4.1 (Additional Information upon the Province’s Request) within 30 days of the request. Page 281 of 611 Town of Tillsonburg and Ontario CTGP TPA SUB-SCHEDULE “E.1” PAYMENT PLAN FOR MILESTONES AND REPORTING SCHEDULE Documents Required for Payment (in addition to the certificate of insurance and copy of the by- law(s) and, if applicable, resolution(s)) Timelines for the Submission of the Documents Required for Payment Payment No. and Maximum Payment Amount Estimated Timelines for Payment (subject to all necessary approvals having been received) Funding Year 1: April 30, 2018 to March 31, 2019 Non-capital Costs Project status report (PSR), if applicable, as described in Sub- schedule “F.1” (Project Status Report); Interim financial report (IFR), if applicable, as described in Sub- schedule “F.2” (Interim and Final Financial Reports); and Project performance report (PPR), if the service is 100% implemented on or before October 1, 2018, as described in Sub- schedule “F.3” (Project Performance Reports) Within 60 days after the Effective Date 1A. $0.00 Within 60 days of the receipt of the documents required for Funding Year 1 (listed in the 1st column of this row) Page 282 of 611 Town of Tillsonburg and Ontario CTGP TPA Documents Required for Payment (in addition to the certificate of insurance and copy of the by- law(s) and, if applicable, resolution(s)) Timelines for the Submission of the Documents Required for Payment Payment No. and Maximum Payment Amount Estimated Timelines for Payment (subject to all necessary approvals having been received) Funding Year 2: April 1, 2019 to March 31, 2020 Non-capital Costs Project status report (PSR), if applicable, as described in Sub- schedule “F.1” (Project Status Report); Interim financial report (IFR), if applicable, as described in Sub- schedule “F.2” (Interim and Final Financial Reports); and Project performance report (PPR), if the service is 100% implemented on or before October 1, 2018, as described in Sub- schedule “F.3” (Project Performance Reports) Within 60 days after the Effective Date 2A. $55,839.50 Within 60 days of the receipt of the documents required for Funding Year 2 (listed in the 1st column of this row) 2B. $55,839.50 Within 150 days of the receipt of the documents required for Funding Year 2 (listed in the 1st column of this row) 2C. $55,839.50 Within 240 days of the receipt of the documents required for Funding Year 2 (listed in the 1st column of this row) 2D. $55,839.50 Within 330 days of the receipt of the documents required for Funding Year 2 (listed in the 1st column of this row) Mid-year Project report using a form provided by the Province On or before October 31, 2019 Page 283 of 611 Town of Tillsonburg and Ontario CTGP TPA Documents Required for Payment (in addition to the certificate of insurance and copy of the by- law(s) and, if applicable, resolution(s)) Timelines for the Submission of the Documents Required for Payment Payment No. and Maximum Payment Amount Estimated Timelines for Payment (subject to all necessary approvals having been received) Capital Costs Copy(ies) of the paid invoice(s) for capital purchases, including vehicles; and Request for payment form for capital costs using a form provided by the Province Within 30 days of the issuance of the paid invoice(s) 2X. $0.00 Within 60 days of the receipt of a copy of the documents required for the payment 2X (listed in the 1st column of this row) Funding Year 3: April 1, 2020 to March 31, 2021 Non-capital Costs Project status report (PSR) as described in Sub-schedule “F.1” (Project Status Report); Interim financial report (IFR) as described in Sub-schedule “F.2” (Interim and Final Financial Reports); and Project performance report (PPR), if the service is 100% implemented on or before October 1, 2019, as described in Sub- schedule “F.3” (Project Performance Reports) On or before the later of April 30, 2020 or within one year from the Effective Date 3A. $99,702.00 Within 60 days of the receipt of the documents required for Funding Year 3 (listed in the 1st column of this row) 3B. $99,702.00 Within 150 days of the receipt of the documents required for Funding Year 3 (listed in the 1st column of this row) 3C. $99,702.00 Within 240 days of the receipt of the documents required for Funding Year 3 (listed in the 1st column of this row) 3D. $99,702.00 Within 330 days of the receipt of the documents required for Funding Year 3 (listed in the 1st column of this row) Page 284 of 611 Town of Tillsonburg and Ontario CTGP TPA Documents Required for Payment (in addition to the certificate of insurance and copy of the by- law(s) and, if applicable, resolution(s)) Timelines for the Submission of the Documents Required for Payment Payment No. and Maximum Payment Amount Estimated Timelines for Payment (subject to all necessary approvals having been received) Mid-year Project report using a form provided by the Province On or before October 31, 2020 Capital Costs Copy(ies) of the paid invoice(s) for capital purchases, including vehicles; and Request for payment form for capital costs using a form provided by the Province Within 30 days of the issuance of the paid invoice(s) 3X. $0.00 Within 60 days of the receipt of a copy of the documents required for the payment 3X (listed in the 1st column of this row) Funding Year 4: April 1, 2021 to March 31, 2022 Non-capital Costs Interim financial report (IFR) as described in Sub-schedule “F.2” (Interim and Final Financial Reports); Project performance report (PPR) as described in Sub- schedule “F.3” (Project Performance Reports); and Service sustainability plan (SSP) as described in Sub-schedule “F.4” On or before April 30, 2021 4A. $99,263.00 Within 60 days of the receipt of the documents required for Funding Year 4 (listed in the 1st column of this row) 4B. $99,263.00 Within 150 days of the receipt of the documents required for Funding Year 4 (listed in the 1st column of this row) 4C. $99,263.00 Within 240 days of the receipt of the documents required for Funding Year 4 (listed in the 1st column of this row) Page 285 of 611 Town of Tillsonburg and Ontario CTGP TPA Documents Required for Payment (in addition to the certificate of insurance and copy of the by- law(s) and, if applicable, resolution(s)) Timelines for the Submission of the Documents Required for Payment Payment No. and Maximum Payment Amount Estimated Timelines for Payment (subject to all necessary approvals having been received) (Service Sustainability Plan) 4D. $99,263.00 Within 330 days of the receipt of the documents required for Funding Year 4 (listed in the 1st column of this row) Mid-year Project report using a form provided by the Province On or before October 31, 2021 Capital Costs Copy(ies) of the paid invoice(s) for capital purchases, including vehicles; and Request for payment form for capital costs using a form provided by the Province Within 30 days of the issuance of the paid invoice(s) 4X. $0.00 Within 60 days of the receipt of a copy of the documents required for the payment 4X (listed in the 1st column of this row) Funding Year 5: April 1, 2022 to March 31, 2023 Non-capital Costs Interim financial report (IFR) as described in Sub-schedule “F.2” (Interim and Final Financial Reports); and Project performance report (PPR) as described in Sub- schedule “F.3” (Project Performance Reports) On or before April 30, 2022 5A. $219,257.00 Within 60 days of the receipt of the documents required for Funding Year 5 (listed in the 1st column of this row) Page 286 of 611 Town of Tillsonburg and Ontario CTGP TPA Documents Required for Payment (in addition to the certificate of insurance and copy of the by- law(s) and, if applicable, resolution(s)) Timelines for the Submission of the Documents Required for Payment Payment No. and Maximum Payment Amount Estimated Timelines for Payment (subject to all necessary approvals having been received) Capital Costs Copy(ies) of the paid invoice(s) for capital purchases, including vehicles; and Request for payment form for capital costs using a form provided by the Province Within 30 days of the issuance of the paid invoice(s) 5X. $0.00 Within 60 days of the receipt of a copy of the documents required for the payment 5X (listed in the 1st column of this row) Program Wrap-up: April 1-April 30, 2023 Non-capital Costs Final financial report as described in Sub- schedule “F.2” (Interim and Final Financial Reports); and Final Project performance report as described in Sub- schedule “F.3” (Project Performance Reports) On or before April 30, 2023 6A. $219,257.00 Within 60 days of the receipt of the documents required for program wrap-up (listed in the 1st column of this row) Page 287 of 611 Town of Tillsonburg and Ontario CTGP TPA SCHEDULE “F” REPORTING AND COMPLIANCE AUDIT F1.0 DEFINITION F1.1 Definition. In this Schedule “F” (Reporting and Compliance Audit): “Generally Accepted Auditing Standards” means Canadian Generally Accepted Auditing Standards as adopted by the Canadian Institute of Chartered Accountants applicable as of the date on which such record is kept or required to be kept in accordance with such standards. F2.0 REPORTS, DOCUMENTS AND SUBMISSION DATES F2.1 Description and Submission Dates. The Recipient will submit to the Province the reports and other documents described in Sub-schedule “E.1” (Payment Plan for Milestones and Reporting Schedule): (a) at the address provided in Schedule “B” (Project Specific Information) for the “Contact information for the purposes of Notice to the Recipient”; and (b) by their respective submission dates. F3.0 COMPLIANCE AUDIT F3.1 Compliance Audit. The Province may, at its sole discretion and within timelines set out by the Province, request that the Recipient carries out a Program compliance audit in accordance with Generally Accepted Auditing Standards and delivers the corresponding compliance audit report(s) within the timelines set out by the Province. F3.2 Compliance Audit Requirements. If the Province requests a Program compliance audit pursuant to section F3.1 (Compliance Audit), the Recipient will retain, at the Recipient’s expense and within the timelines set out by the Province, an accredited external independent auditor(s) to carry out the audit and will deliver any compliance audit report(s) from such audit to the Province within 7 Business Days of the Recipient’s receipt of the report. F3.3 Compliance Audit Objectives. The key objectives of the compliance audit(s) are to: (a) determine whether Funds were expended for the purposes intended and with due regard to economy, efficiency and effectiveness; Page 288 of 611 Town of Tillsonburg and Ontario CTGP TPA (b) determine compliance with the Agreement; (c) ensure that the Project, Reports and other reports, and financial information are complete, accurate and timely, in accordance with the terms and conditions of the Agreement; (d) ensure that information and monitoring processes and systems are sufficient for the identification, capture, validation and monitoring of the service performance measures; (e) assess the overall management and administration of the Project; (f) provide recommendations for improvement or redress; and (g) ensure that prompt and timely corrective action is taken on audit findings. F4.0 PARTICIPATION IN POST-PROGRAM EVALUATION F4.1 Post-program Evaluation Participation. The Recipient will, at the Province’s request and Recipient’s cost, participate in any post-program evaluation events or activities after the Completion Date. F4.2 Post-program Evaluation Description. The post-program evaluation includes: (a) the completion of a survey on the Program and Project outcomes; (b) the participation in information sessions on community transportation to report on the Recipient’s experiences and lessons learnt from the Project, and to provide suggestions for potential changes to the Program administration; and (c) any other items the Province may request be included at the Province’s sole discretion. Page 289 of 611 Town of Tillsonburg and Ontario CTGP TPA SUB-SCHEDULE “F.1” PROJECT STATUS REPORT F.1.1.0 DESCRIPTION OF PROJECT STATUS REPORT F.1.1.1 Timing of Project Status Report. The Recipient will prepare a project status report, as described in this Sub-schedule “F.1” (Project Status Report) and as set out in Sub-schedule “E.1” (Payment Plan for Milestones and Reporting Schedule), for each Local Project and Intercommunity Project once the service(s) for the Local Project or Intercommunity Project is 100% implemented and the service(s) for it is/are made available to the community. F.1.1.2 Content of Project Status Report. The Project status report for each Intercommunity Project and Local Project will: (a) provide confirmation that the service(s) is/are complete; and (b) confirm the actual dates of completion of the tasks described in the work plan(s) submitted. F.1.1.3 Form of the Project Status Reports. Below is an example of the form the Recipient will be required to complete for its Project Status Reports. The Province may, at its sole discretion and at any time, make changes to this form. FORM OF PROJECT STATUS REPORT Name of Recipient: [insert] Report submitted by: [insert] Telephone: [insert] Email: [insert] Submission date: [insert] Page 290 of 611 Town of Tillsonburg and Ontario CTGP TPA Intercommunity Project Status Report [Provide a summary of the service(s) for each Intercommunity Project that is 100% implemented. Include any issues, concerns or challenges with the implementation of community transportation service(s), and the actions taken or to be taken to address them. Also insert information from the Timelines in Sub- schedule “C.3” (Project Timelines). Indicate the Project tasks completed to confirm 100% implementation, the projected dates of completion from the work plan, the actual date of completion, and any comments. If there is no Intercommunity Project involved, then insert N/A.] Milestone No. Key Milestone Project Task Projected Date of Completion Actual Date of Completion Comments Local Project Status Report [Provide a summary of the service(s) for each Local Project that is 100% implemented. Include any issues, concerns or challenges with the implementation of the community transportation service(s), and the actions taken or to be taken to address them. Also insert information from the Timelines in Sub- schedule “C.3” (Project Timelines). Indicate the Project tasks completed to confirm 100% implementation, the projected dates of completion from the work plan, the actual date of completion, and any comments. If there is no Local Project involved, then insert N/A.] Milestone No. Key Milestone Project Task Projected Date of Completion Actual Date of Completion Comments Page 291 of 611 Town of Tillsonburg and Ontario CTGP TPA SUB-SCHEDULE “F.2” INTERIM AND FINAL FINANCIAL REPORTS F.2.1.0 INTERIM FINANCIAL REPORTS F.2.1.1 Content of Interim Financial Reports. The Recipient will prepare interim financial reports, as described in this Sub-schedule “F.2” (Interim and Final Financial Reports) and as set out in Sub-schedule “E.1” (Payment Plan for Milestones and Reporting Schedule). Each report will include a statement of Eligible Expenditures incurred and paid to date, broken down by items. The statement will indicate: (a) the Funding Year; (b) the Funds received; (c) any other funding received, if any, including fare revenues; and (d) an explanation for any unspent Funds. F.2.1.2 Form of the Interim Financial Reports. Below is an example of the form the Recipient will be required to complete for its interim financial reports. The Province may, at its sole discretion and at any time, make changes to this form. FORM OF INTERIM FINANCIAL REPORT Name of Recipient: [insert] Report submitted by: [insert] Telephone: [insert] Email: [insert] Submission date: [insert] Page 292 of 611 Town of Tillsonburg and Ontario CTGP TPA INTERIM FINANCIAL REPORT for Eligible Expenditures from April XX1, XXXX to March 31, XXXX Eligible Expenditures Initial Projected Costs Actual Costs Variance between the Initial Projected Costs and Actual Costs Explanation of Variance TOTAL CONTRIBUTION Source Initial Projected Contribution Actual Contribution Variance Between Initial Projected Contribution and Actual Contribution Explanation of Variance Province Recipient Fares Other TOTAL Difference (Total Actual Contribution minus Total Actual Costs 1. For the first interim financial report, the period will begin on April 30, 2018. For all subsequent interim financial reporting, the period will begin on April 1. Page 293 of 611 Town of Tillsonburg and Ontario CTGP TPA F.2.1.3 Local Project and Intercommunity Project. If Funds are provided for both Local Project(s) and Intercommunity Project(s), the Recipient will provide an interim financial report and a revised budget forecast for each of those. For an Intercommunity Project, fare revenues must be reported against Eligible Expenditures. For a Local Project, should the Recipient choose to collect fares, fare revenues must be reported against Eligible Expenditures. F.2.1.4 Variances. If there are variances or changes in the Budget or the Eligible Expenditures, the interim financial report and revised budget forecast must, in the form provided in section F.2.1.5 (Form of Revised Budget Forecasts), include a revised fiscal forecast of the Budget for each Funding Year with a breakdown of the Eligible Expenditures up to the Completion Date. F.2.1.5 Form of Revised Budget Forecasts. Below is an example of the form the Recipient will be required to complete for its revised budget forecasts. The Province may, at its sole discretion and at any time, make changes to this form. FORM OF REVISED BUDGET FORECASTS REVISED BUDGET FORECAST from April 30, 2018 to March 31, 2023 Eligible Expenditures Initial Projected Costs Revised Projected Costs for Funding Year 1 April 30, 2018 to March 31, 2019 Revised Projected Costs for Funding Year 2 April 1, 2019 to March 31, 2020 Revised Projected Costs for Funding Year 3 April 1, 2020 to March 31, 2021 Revised Projected Costs for Funding Year 4 April 1, 2021 to March 31, 2022 Revised Projected Costs for Funding Year 5 April 1, 2022 to March 31, 2023 TOTAL CONTRIBUTION Province Recipient Fares Other TOTAL CONTRIBUTION Page 294 of 611 Town of Tillsonburg and Ontario CTGP TPA F.2.1.6 Additional Financial Information. The Province may, at its sole discretion, request additional financial information on the Project. F.2.1.7 Actual Costs for Eligible Expenditures. Each interim financial report and revised budget forecast will reflect the actual costs for the Eligible Expenditures incurred and paid and provide an explanation for any variances between the initial projected costs as set out in Sub-schedule “C.2” (Project Budget) and the actual costs of the Eligible Expenditures incurred and paid. F.2.2.0 FINAL FINANCIAL REPORT F.2.2.1 Content of Final Financial Report. The Recipient will prepare a final financial report for each Local Project and Intercommunity Project, in a form provided by the Province. Each final report will include a statement of Eligible Expenditures incurred and paid to date, broken down by items, for each Funding Year. The statement will indicate: (a) the Funds received; (b) any other funding received, if any, including fare revenues; and (c) an explanation for any unspent Funds. F.2.2.2 Form of the Final Financial Report. Below is an example of the form the Recipient will be required to complete for the final financial report. The Province may, at its sole discretion and at any time, make changes to this form. FORM OF FINAL FINANCIAL REPORT Name of Recipient: [insert] Report submitted by: [insert] Telephone: [insert] Email: [insert] Submission date: [insert] Page 295 of 611 Town of Tillsonburg and Ontario CTGP TPA FINAL FINANCIAL REPORT for Eligible Expenditures from April 30, 2018 to March 31, 2023 Eligible Expenditure Initial Projected Costs Actual Costs Variance between the Initial Projected Costs and Actual Costs Explanation of Variance TOTAL CONTRIBUTION Source Initial Projected Contribution Actual Contribution Variance Between Initial Projected Contribution and Actual Contribution Explanation of Variance Province Recipient Fares Other TOTAL Difference (Total Actual Contribution minus Total Actual Costs F.2.2.3 Projected Costs and Actual Costs for Eligible Expenditures. The final financial report will include the initial projected costs as set out in Sub-schedule “C.2” (Project Budget) and the actual costs of the Eligible Expenditures incurred and paid. Page 296 of 611 Town of Tillsonburg and Ontario CTGP TPA F.2.2.4 Variances. The final financial report will include a summary explanation for the variance(s), if any, between the initial projected costs as set out in Sub- schedule “C.2” (Project Budget) and the actual Eligible Expenditures incurred and paid. Page 297 of 611 Town of Tillsonburg and Ontario CTGP TPA SUB-SCHEDULE “F.3” PROJECT PERFORMANCE REPORTS F.3.1.0 CONTENT OF PROJECT PERFORMANCE REPORTS F.3.1.1 The Recipient will, in a form provided by the Province, prepare Project performance reports, as described in this Sub-schedule “F.3” (Project Performance Reports) and as set out in Sub-schedule “E.1” (Payment Plan for Milestones and Reporting Schedule). Each report will include: (a) the service performance in the previous 12-month period; (b) the progress on achieving any performance targets, and the service performance of the previous reporting period, unless reporting on the first year of service for the Project. If Funds are provided for both Local Project(s) and Intercommunity Project(s), the Recipient will report on both the Local Project(s) and Intercommunity Project(s); and (c) in the final performance report, the Recipient will include: a brief description of the community transportation services provided with the Funds, and a summary of benefits and impacts to the community. F.3.1.2 Performance Indicators. The Recipient will report on the performance indicators, in a form provided by the Province and any other performance indicators included in the Recipient’s application to the Program. F.3.1.3 Phases of Service Implementation. If the Project has phases of service implementation, the Recipient will provide the status on the phase of service implementation. F.3.1.4 Form of the Project Performance Reports. Below is an example of the form the Recipient will be required to complete for the Project performance reports. The Province may, at its sole discretion and at any time, make changes to this form. Page 298 of 611 Town of Tillsonburg and Ontario CTGP TPA FORM OF PROJECT PERFORMANCE REPORT Name of Recipient: [insert] Report submitted by: [insert] Telephone: [insert] Email: [insert] Submission date: [insert] Status of later service implementation (as applicable): [insert] Risk factors: [insert] Risk mitigation: [insert] LOCAL PROJECT PERFORMANCE REPORT Performance Indicators (as applicable) Baseline Service Target (as applicable) Service Performance Year 1 2018-19 (as applicable) Service Performance Year 2 2019-20 (as applicable) Service Performance Year 3 2020-21 Service Performance Year 4 2021-22 Service Performance Year 5 2022-23 Total number of passenger trips provided (or boardings) over a 12- month period Total number of clients/ passengers served over a 12-month period Average service hours over a 12- month period Days of the week service is provided Page 299 of 611 Town of Tillsonburg and Ontario CTGP TPA Municipalities the service connects Connections to other transportation services or transportation hubs, or both Target demographic groups served (e.g., seniors, persons with disabilities, youth, etc. [Other performance indicators] INTERCOMMUNITY PROJECT PERFORMANCE REPORT Project Performance Indicators (as applicable) Service Target (as applicable) Service Performance Year 1 2018-19 (as applicable) Service Performance Year 2 2019-20 Service Performance Year 3 2020-21 Service Performance Year 4 2021-22 Service Performance Year 5 2022-23 Total number of passenger trips provided (or boardings) over a 12- month period Total number of clients/ passengers served over a 12-month period Days of the week service is provided Page 300 of 611 Town of Tillsonburg and Ontario CTGP TPA Schedule of service (hours of service and frequency) Municipalities served by the route Connections to other transportation services or transportation hubs, or both Major destinations served (such as hospitals, employment centres, colleges, universities, major retail) Target demographic groups served (e.g., seniors, persons with disabilities, youth, etc.) [Other performance indicators] A. DESCRIPTION OF THE COMMUNITY TRANSPORTATION PROJECT [To be completed at the end of the Project – insert] B. IMPACT AND BENEFITS TO THE COMMUNITY [To be completed at the end of the Project – insert] Page 301 of 611 Town of Tillsonburg and Ontario CTGP TPA SUB-SCHEDULE “F.4” SERVICE SUSTAINABILITY PLAN F.4.1.0 SERVICE SUSTAINABILITY PLAN F.4.1.1 Content of Service Sustainability Plan. The Recipient will prepare and provide to the Province a service sustainability plan, in a form provided by the Province, that describes the strategy to maintain the community transportation service(s) implemented as part of the Project after the Completion Date. The plan will include: (a) funding from other sources to fund the service(s); (b) strategy for fundraising, including from fare revenues to fund the service(s); (c) strategy to work with community organizations to deliver service(s); and (d) service modifications for sustainability. F.4.1.2 Discontinuation of Community Transportation Service(s). In the event the Recipient is unable to maintain the community transportation service(s) implemented as part of the Project after the Completion Date to a level that is the same or above that provided under the Project, the Recipient will provide to the Province, in a form provided by the Province, a description of the strategy it will implement to mitigate the impacts of this change in service on the clients/passengers. F.4.1.3 Local Project and Intercommunity Project. If Funds are provided for both Local Project(s) and Intercommunity Project(s), the plan must address both the Local Project and the Intercommunity Project services. F.4.1.4 Form of Service Sustainability Plan or Mitigation Strategy. Below is an example of the form the Recipient will be required to complete for the service sustainability plan or mitigation strategy. The Province may, at its sole discretion and at any time, make changes to this form. Page 302 of 611 Town of Tillsonburg and Ontario CTGP TPA FORM SERVICE SUSTAINABILITY PLAN Name of Recipient: [insert] Report submitted by: [insert] Telephone: [insert] Email: [insert] Submission date: [insert] Service sustainability plan/Mitigation strategy: [insert] Page 303 of 611 Town of Tillsonburg and Ontario CTGP TPA SCHEDULE “G” COMMUNICATIONS PROTOCOL G1.0 PURPOSE G1.1 Purpose. This Schedule “G” (Communications Protocol) describes the Recipient’s responsibilities and financial obligations involved in communications activities and products to recognize the contributions of the Government of Ontario and the Recipient. G2.0 GENERAL PRINCIPLES G2.1 Joint Communications. The Recipient agrees to undertake joint communications activities and collaborate on products to ensure open, effective, and proactive communications. G2.2 Recognition and Prominence. Unless the Province specifies otherwise, the financial contribution of the Province will receive equal recognition and prominence in Project related communications, including when logos, symbols, flags, and other types of identification are incorporated into events signs. G2.3 Announcements and Ceremonies. All announcements and ceremonies will be organized jointly with equal participation from the Recipient and the Province. G2.4 Electronic Media. All communications through electronic media such as web sites, social media, or management information systems are subject to the terms and conditions of this Schedule “G” (Communications Protocol). G2.5 Communications Protocol and Other Requirements. All events and signage will follow the communications protocols set out in this Schedule “G” (Communications Protocol) and any other requirements that may be specified by the Province from time to time. G2.6 Approval of Province. All communications referencing the Government of Ontario must be submitted a minimum of 15 days in advance and approved by the Province prior to release. G3.0 PROJECT COMMUNICATIONS G3.1 General. All written communications concerning the Agreement and the Project will be prepared in a manner that supports the communications objectives and branding of each Party to the Agreement. Page 304 of 611 Town of Tillsonburg and Ontario CTGP TPA G3.2 Provincial Funding Statement. All public information material made by the Recipient concerning the Agreement and Project will clearly indicate that the Project is funded by the Government of Ontario. G3.3 Project Promotion. (a) The Recipient is responsible for the promotion of its activities and objectives. The Recipient may provide at the Recipient’s discretion, project communications such as: a project web site, print, audiovisual and other communications about the Project as it proceeds. The Recipient will inform the Province of any such promotional communication a minimum of 15 days before it takes place. The Recipient will also ensure appropriate recognition of the Province’s contribution in annual reports, speeches or other opportunities, as appropriate. (b) The Recipient is solely responsible for operational communications including emergency and public safety notices. (c) The Recipient will share information promptly with the Province on significant emerging media and stakeholder issues concerning the Agreement and the Project. The Province will advise the Recipient, where appropriate, about media inquiries. (d) The Recipient and the Province reserve the right to refer to the Funds in their own separate, and non-Project specific communications. Each Party commits to acknowledging the other’s involvement in the Project. (e) The Recipient may provide professional quality audio-visual material about the Project to the Province to support wider communications about the Funds. G4.0 COMMUNICATING WITH THE PUBLIC G4.1 General. (a) The Recipient will provide Notice to and consult with the Province, a minimum of 15 days in advance, about all proposed news releases, social and digital media communications activities, or public announcements relating to the Project. This is to provide the Province with sufficient notice of key communications and, if the Province so desires, the time that is necessary to determine a course of action, line up principals and prepare joint material. Notwithstanding the advance Notice requirement, the Province will not unreasonably withhold its consent if the Recipient must issue a news release or public announcement in less than 15 days due to unforeseeable circumstances, including matters of public safety or the need for emergency response. Page 305 of 611 Town of Tillsonburg and Ontario CTGP TPA (b) The Recipient will advise the Province regularly of upcoming public events or community relations activities relating to the Agreement. The Recipient commits to acknowledging the Province’s involvement. (c) In the event of an election call that affects a riding that the Project is located in, whether federal, provincial or municipal, no public announcements will be permitted. For clarification, this does not include announcements and communications made under paragraph G3.3(b). G4.2 Signing of the Agreement. The Recipient and the Province may issue a joint news release when the Agreement is signed. The Recipient and the Province agree to hold, where appropriate, an official ceremony on this occasion. G4.3 Public Information Kits. The Recipient and the Province may develop joint information kits, brochures, public reports, social and digital content, and web site material to inform the public about the Project. Such material will be prepared in a manner consistent with this Schedule “G” (Communications Protocol) and any core messages developed by the Recipient or the Province. The choice of colour will be neutral in nature and not identified with any political party. G4.4 News Releases. The Recipient and the Province may issue joint news releases at relevant times in the life of the Project. In all such news releases, the Recipient and the Province will receive equal prominence and will mutually agree on the use of quotes from the designated representatives of the Province or the Recipient in the news releases. G4.5 News Conferences, Public Announcements, Official Events or Ceremonies. (a) The Recipient and the Province agree to hold news conferences, public announcements, official events or ceremonies at the request of the other. The designated representative of each of the Recipient and the Province will be provided the opportunity to participate in such news conferences. (b) No public announcement relating to the Project, with the exception of those Notices described in paragraph G3.3(b), will be made by the Recipient without the prior consent of the Province. (c) The Recipient and the Province will cooperate in the organization of announcements or ceremonies. Messages and public statements for such events are to be mutually agreed upon. The Province may recommend special events and ceremonies be held where and when appropriate. Page 306 of 611 Town of Tillsonburg and Ontario CTGP TPA G4.6 Visual Identity Signage for Vehicles Acquired with Funds. The Recipient will install and maintain the exterior and interior visual identity signage, to be provided by the Province, on vehicles for which 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 must be placed on an interior wall in a location and height that will be convenient for passengers to read. G4.7 Advertising. Recognizing that advertising can be an effective means of communicating with the public, subject to the terms of the Agreement, the Recipient or the Province may, at their own costs and upon 90-days Notice carry out Project-related advertising or public information campaign. G4.8 Monitoring and Compliance. The Province will monitor the Recipient’s compliance with this Schedule “G” (Communications Protocol), and may, at its discretion, advise the Recipient of issues and required adjustments. Page 307 of 611 Town of Tillsonburg and Ontario CTGP TPA SCHEDULE “H” DISPOSAL OF VEHICLES ACQUIRED WITH FUNDS H1.1 Notification and Payment if Disposal. The Recipient undertakes to notify the Province in writing, 180 days in advance, if, at any time within 12 years for a conventional transit vehicle or 5 years for a specialized transit vehicle acquired with Funds or for which Funds were provided, the Recipient proposes to sell, lease, or otherwise dispose of the vehicle in a manner other than as described in the Agreement. Upon disposal of the vehicle and unless the Province otherwise consents in writing and at its sole discretion, the Recipient will return the funds arising from the sale, lease or otherwise disposal to the Province. H1.2 Disposal to the Province, Local Government or Crown Agency. Despite section H1.1 (Notification and Payment if Disposal), the payment obligations set out in section H1.1 (Notification and Payment if Disposal) do not apply if a vehicle is disposed of to the Province, a Local Government or a Crown agency of the Government of Ontario. H1.3 Vehicle Replacement. Notwithstanding the foregoing, if any vehicle described in section H1.1 (Notification and Payment if Disposal) is sold, leased or otherwise disposed of during the 12-year period for conventional vehicles or a 5-year period for a specialized vehicle, and replaced to meet technical or operational requirements of the Recipient with a vehicle of equal or greater value, the Recipient may, in lieu of the repayment set out in section H1.1 (Notification and Payment if Disposal) and with the Province’s prior written consent, reinvest the proceeds from the disposal into the replacement vehicle. Page 308 of 611 Report Title Connecting Link Program Contribution Agreement Report No. OPS 19-37 Author Kevin De Leebeeck, P. Eng., Director of Operations Meeting Type Council Meeting Council Date August 12, 2019 Attachments  MTO Letter Correspondence  Connecting Link Contribution Agreement Page 1 / 5 RECOMMENDATION: THAT Council receive Report OPS 19-37, Connecting Link Program Contribution Agreement; AND THAT a By-law to execute the Connecting Link Contribution Agreement with the Province of Ontario be brought forward for Council consideration; AND FURTHER THAT Council authorize the use of Asset Management Reserves to fund the Towns portion of project costs in 2019. SUMMARY On July 15th 2018 the Town received the attached correspondence from the Ministry of Transportation (MTO) that the Oxford/Simcoe St. Rehabilitation project (Broadway to Vienna Rd.), as shown in Figure 1 had been approved for funding through the 2019-20 Connecting Link Program. Further to staff Report OPS 19-23, and in order to receive the funding allocation, the Town must now execute the attached Connecting Link Contribution Agreement. The Agreement must be signed and sealed with three copies returned to the MTO along with a copy of the Council endorsed by-law to execute the project-level Agreement with the Province. CONSULTATION/COMMUNICATION The Director of Operations is in continuous direct contact with the Ministry’s Regional Operations Officer assigned to the project file. As a program requirement the Town will need to issue and award an RFP for the bridge engineering design aspect of the project by September 30th 2019 and will work towards finalizing the entire project design and tendering the contract for construction in 2020. FINANCIAL IMPACT/FUNDING SOURCE The total project cost estimate, less rebatable taxes, for the Oxford/Simcoe St. rehabilitation is $1,753,845. Under the Connecting Link Program, the Province will contribute 90% up to a maximum of $1,578,461. The remaining $175,384 of the project constitutes the Town’s 10% portion. Town would need to provide 2019 funding in the amount of 10% ($6,500) for the bridge engineering design work and 10% ($168,900) in 2020 for the road and bridge rehabilitation construction works, which would be brought forward as part of the 2020 budget deliberations. Page 309 of 611 Page 2 / 5 COMMUNITY STRATEGIC PLAN (CSP) This project supports Objective 2 – Economic Sustainability of the Community Strategic Plan through the renewal of infrastructure. Page 310 of 611 Page 3 / 5 Page 311 of 611 Page 4 / 5 Page 312 of 611 Page 5 / 5 Report Approval Details Document Title: OPS 19-37 Connecting Link Program Contribution Agreement.docx Attachments: - OPS 19-37 Attachment 1 - MTO Letter Correspondence.pdf - OPS 19-37 Attachment 2 - Connecting Link Contribution Agreement.pdf Final Approval Date: Aug 6, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Aug 1, 2019 - 2:08 PM David Calder - Aug 1, 2019 - 2:39 PM Donna Wilson - Aug 6, 2019 - 9:31 AM Page 313 of 611 Page 314 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 1 of 44 CONNECTING LINKS PROGRAM CONTRIBUTION AGREEMENT BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Transportation (“Ontario”) – and – THE CORPORATION OF THE TOWN OF TILLSONBURG (the “Recipient”) WHEREAS the Government of Ontario has created the Connecting Links Program to provide funding to help municipalities construct and repair roads and bridges on designated Connecting Links; AND WHEREAS subsection 21(1) of the Public Transportation and Highway Improvement Act, R.S.O. 1990, c. P.50, as amended from time to time, (hereinafter referred to as, the “Act”) states that the Minister of Transportation may designate a highway or part of a highway as a Connecting Link between parts of the King’s Highway or as an extension of the King’s Highway, to be constructed and maintained by the Recipient road authority having jurisdiction over the highway; AND WHEREAS subsection 21(2) of the Act states that every such highway remains under the jurisdiction and control of the road authority; AND WHEREAS subsection 44(1) of the Municipal Act, 2001 S.O. 2001, c. 25, s. 485(1) as amended from time to time, states that a municipality that has jurisdiction over the highway or bridge shall keep it in a state of repair that is reasonable in the circumstances, including the character and location of the highway or bridge; AND WHEREAS the highway named in Schedule “A” to this Agreement is a highway under the jurisdiction and control of the Recipient and has been designated as a Connecting Link or as an extension to the Connecting Link by the Minister of Transportation in accordance with the subsection 21(1) of the Act; AND WHEREAS subsection 116(1)(a) of the Act states that the Minister of Transportation may enter into agreements for the purpose of the Act, including agreements related to among other things the design and construction of any highway or bridge; Page 315 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 2 of 44 AND WHEREAS subsection 116(2) of the Act states that any such agreement may provide that a proportion of the costs arising from the agreement be paid out of the monies appropriated therefor by the Legislature; AND WHEREAS the Recipient has applied to the Connecting Links Program for funding to assist the Recipient in carrying out the Project and Ontario wishes to provide funding for the Project; AND WHEREAS the Recipient is eligible to receive funding under the Connecting Links Program to undertake a Project; NOW THEREFORE, in accordance with the principles set out above, the mutual covenants and agreements herein and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledges, the Parties hereby agree as follows: SECTION 1 INTERPRETATION 1.1 Definitions. For the purposes of this Agreement, the following terms shall have the following meanings described below. “Act” means the Public Transportation and Highway Improvement Act, R.S.O. 1990, c.P.50, as amended from time to time. “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. “Adjust the Funds” means Ontario’s right to adjust, without limitation, liability, costs or penalty any Funds provided to the Recipient in respect of the Project under this Agreement. “Agreement” means this agreement between Ontario and the Recipient, including all Schedules attached hereto. “Arm’s Length” has the meaning given to it under the Income Tax Act (Canada) as in effect on the Effective Date of this Agreement. “Auditor General” means the Auditor General of Ontario. “BPSAA” means the Broader Public Sector Accountability Act, 2010 (Ontario). “Bridge” means a public bridge, and includes a bridge forming part of a highway or on, over, under or across which a highway passes. “Business Day” means any day on which the Government of Ontario offices are generally open for business in the Province of Ontario. “Communications Protocol” means the protocol set out under Schedule “F” of this Agreement. “Conflict of Interest” includes any and all circumstances where the Recipient or any Person who has the capacity to influence the Recipient’s decisions has outside commitments, relationships or Page 316 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 3 of 44 financial interests that could, or could be seen, to interfere with the Recipient’s objective, unbiased and impartial judgment relating to the Project or this Agreement. “Connecting Link” means the highway named in Schedule “A” to this Agreement that is a highway under the jurisdiction of the Recipient and has been designated as a connecting link or as an extension of a King’s Highway by the Minister pursuant to subsection 21(1) of the Act. “Connecting Links Program” means the program administrated by the Ministry of Transportation to provide funding for the costs of the Connecting Link in accordance with the Act and the Connecting Links Program Guide. “Connecting Links Program Guide” means the Ministry’s document, entitled “Ministry of Transportation Connecting Links Program Guide,” as amended from time to time by the Ministry, that describes the Ministry’s Connecting Link Program. “Contractor” means any third-party contractor that the Recipient retains to undertake any part of the work related to the construction of the Project. “Consultant” means any third-party consultant, engineer, Project manager, architect or other service provider, as the case may be, the Recipient retains to undertake any part of the work related to the Project. “Contract” means a contract between the Recipient and a third party at Arm’s Length whereby the latter agrees to provide a good or service for the Project in return for financial consideration that may be claimed as an Eligible Cost. “Crown Agency” means a Crown Agency as defined in the Crown Agency Act (Ontario). “Effective Date” means the date set out at Part B.1 of Schedule “B” of this Agreement. “Eligible Costs” means the costs described in Part D.1 of Schedule “D” of this Agreement. “End of Funds Date” means the date set out in Part C.3 of Schedule “C” of this Agreement. “Event of Default” has the meaning given to it in section 15 of this Agreement. “Expiration Date” means the date set out in Part B.4 of Schedule “B” of this Agreement. “FIPPA” means the Freedom of Information and Protection of Privacy Act (Ontario). “First Nation” means a band, as defined under section 2(1) of the Indian Act (Canada). “Fiscal Year” means the period beginning April 1st in any year and ending on March 31st of the following year. “Funds” means the total amount of funding Ontario is providing in Canadian currency to the Recipient under this Agreement, subject to the terms and conditions of this Agreement. “Highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, trestle or any other structure incidental thereto, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. Page 317 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 4 of 44 “Indemnified Party” means Her Majesty the Queen in Right of Ontario, Her Ministers, directors, officers, agents, appointees, servants and employees. “Ineligible Costs” means the costs described under Part D.2 of Schedule “D” of this Agreement. “King’s Highway” means a highway designated as a King’s Highway by the Lieutenant Governor in Council pursuant to the Act. “Maximum Funds” means the amount set out under Part C.1 of Schedule “C” of this Agreement. “Minister” means the Minister of Transportation. “Ministry” means the Ministry of Transportation and any employees employed therewith. “Ontario” means Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation or any other Minister who may have authority to administer this Agreement, unless the context indicates otherwise. “Parties” means Ontario and the Recipient. “Party” means either Ontario or the Recipient, as the case may be. “Project” means the Work to be performed for the project described in Schedule “A” of this Agreement. “Project Completion Date” means the date set out in Part B.3 of Schedule “B” of this Agreement. “PSSDA” means the Public Sector Salary Disclosure Act, 1996 (Ontario). “Reports” means the reports set out in section 13 of this Agreement and set out in Schedule “G” of this Agreement. “Requirements of Law” means all applicable statutes, codes, acts, ordinances, orders, approvals, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licenses, authorizations, directions and agreements with all authorities that now or at any time hereafter may relate to the Recipient, the Project 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 statutes, the BPSAA, the PSSDA and other type of broader public sector accountability statutes are deemed to be Requirements of Law. “Substantial Completion” has the same meaning as “substantially performed”, as defined under section 2(1) of the Construction Lien Act (Ontario). “Term” means the period of time beginning on the Effective Date of this Agreement and ending on the Expiration Date or the termination of this Agreement, whichever is shorter. “Work” includes the goods and services to be performed to design, construct and reconstruct the Connecting Link and such other work described in the Connecting Links Program Guide consistent and necessary for the Project. 1.2 Reference To Statute Or Regulation. Any reference to a statute is to such statute and to the regulations made pursuant to such statute as such statute and regulations may at any Page 318 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 5 of 44 time be amended or modified and in effect and to any statute or regulations that may be passed that have the effect of supplanting or superseding such statute or regulations. 1.3 Singular/Plural And Gender Terms. Each definition in this Agreement using a singular capitalized term or other word or phrase shall also apply to the plural form and such term, word or phrase and vice versa. All references to the masculine gender shall include reference to the feminine or neuter gender and vice versa in each case as the context may permit or require. 1.4 Pronouns. Each use in this Agreement of a neuter pronoun shall be deemed to include the masculine and feminine variations thereof and vice versa and a singular pronoun shall be deemed to include a reference to the plural pronoun and vice versa in each case as the context may permit or require. 1.5 Sections And Other Headings. The section and other headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. 1.6 Recitals. The recitals to this Agreement do not form a part of the Agreement. 1.7 Accounting Terms, Calculations And Submission Of Financial Data. All accounting terms not defined in this Agreement shall have the meanings usually ascribed to them. All calculations will be made and all financial data to be submitted will be prepared in accordance with the applicable accepted accounting principles in effect in Ontario. SECTION 2 THE AGREEMENT 2.1 The Agreement. The Agreement includes this document and the following Schedules attached to this document, as such Schedules may be amended from time to time in accordance with this Agreement. Schedule “A” Project Description “B” Operational Requirements Under The Agreement “C” Financial Information For The Project “D” Eligible And Ineligible Costs “E” Aboriginal Consultation Requirements “F” Communications Protocol “G” Reporting Requirements 2.2 Conflict. In the event of a conflict between any of the documents that form part of this Agreement, the conflict shall be resolved in the following descending order: (a) This document; and (b) The Schedules attached to this document. 2.3 Expiration Date Of Agreement. This Agreement shall expire on the Expiration Date, unless amended or terminated prior to this date in accordance with this Agreement. Page 319 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 6 of 44 SECTION 3 GENERAL ROLES AND RESPONSIBILITIES OF THE PARTIES UNDER THE AGREEMENT 3.1 Provision Of Funds. Ontario agrees, subject to the terms and conditions of this Agreement to provide up to the Maximum Funds to the Recipient in accordance with Schedule “C” of this Agreement. The Recipient is solely responsible for securing any additional funding, if needed, to complete the Project. The Recipient must have such funding or have secured access to the funding prior to commencing the Project. Ontario may require proof that funding has been secured for the Project before providing any Funds under this Agreement. 3.2 Ontario’s Role Under Agreement Strictly Limited To Providing Funds. The Recipient acknowledges and agrees that Ontario’s role is strictly limited to providing Funds and that Ontario will have no other involvement in the Project or its subsequent maintenance and operation. Ontario is not a manager, decision-maker nor an advisor to the Recipient in relation to the Project. Notwithstanding the generality of the foregoing and without limitation, the fact that Ontario may conduct performance reviews and/or audits as provided for hereinafter or issues directions under the terms and conditions of this Agreement shall not be construed by the Recipient as Ontario having a management, decision-making or advisory role. The Recipient further agrees that the Recipient will not seek to include Ontario as a decision-maker, advisor or manager of the Project through recourse to a third party, court, tribunal or arbitrator. 3.4 Funds Limited To Specific Project. The Recipient shall only use the Funds being provided under this Agreement towards Project, as described in Schedule “A” of this Agreement. The Recipient further agrees that it will not make any changes to the Project, as described in Schedule “A” of this Agreement, without first obtaining Ontario’s prior written consent. 3.5 Responsibility For Project. The Recipient acknowledges and agrees that the Recipient, as opposed to Ontario, is solely responsible for the undertaking, implementation, completion, operation and/or maintenance of the Project. The Recipient further agrees that the Recipient will not seek to hold Ontario responsible for the undertaking, implementation, completion, operation and/or maintenance of the Project through recourse to a third party, court, tribunal or arbitrator. 3.6 Project Completion. The Project shall be Substantially Completed by the Project Completion Date. 3.7 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; (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. 3.8 Asset Retention. The Recipient shall comply with Part B.6 of Schedule “B” of this Agreement as it relates to the retention of any assets purchased, rehabilitated or built with Funds being provided under this Agreement. Page 320 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 7 of 44 3.9 Behavior Of Recipient. The Recipient shall carry out any Project in an economical and business-like manner, in accordance with the terms and conditions of this Agreement, subject to any reasonable amendments Ontario may agree to or require from time to time in writing. 3.10 Ontario Not Responsible For Recipient Obtaining Permits Or Approvals. For greater certainty, the Parties acknowledge and agree 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 the Project or to meet any terms or conditions under this Agreement 3.11 Ontario May Impose Additional Conditions On The Recipient. Ontario may impose, at any time, such additional terms or conditions on the Recipient in terms of the Recipient’s operations that relate to the use of any Funds which Ontario, acting reasonably, considers appropriate for the proper expenditure and management of the Funds. For greater certainty, any additional terms or conditions Ontario 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. SECTION 4 FUNDS 4.1 Use Of Funds. Any Funds being provided under this Agreement shall only be used for the payment of Eligible Costs for the Project. 4.2 Deposit Of Funds In Interest-Bearing Account At Canadian Financial Institution. The Recipient shall deposit and retain any Funds being provided under this Agreement in an interest-bearing account in the name of the Recipient at a Canadian financial institution in Canada. 4.3 Interest Earned By Recipient. The Recipient shall report to Ontario the amount of any interest earned on any Funds provided to the Recipient under this Agreement in accordance with Reports set out under Schedule “G” of this Agreement. The Recipient shall, unless otherwise directed by Ontario, only use any interest earned on the Funds for Eligible Costs for the Project. 4.4 Cost Must Be An Eligible Cost. For a cost to be considered an Eligible Cost and therefore eligible to be paid from the Funds being provided under this Agreement, the cost must be specifically set out under Part D.1 of Schedule “D” of this Agreement. 4.5 Ineligible Costs Shall Not Be Covered Under Agreement. Any costs set out in Part D.2 of Schedule “D” of this Agreement are Ineligible Costs and shall not be eligible to be paid from the Funds being provided under this Agreement. 4.6 Ontario May Declare Costs To Be Eligible. Despite section 4.4 of this Agreement, but subject to section 4.5 of this Agreement, costs not specifically set out in Part D.1 of Schedule “D” of this Agreement may be deemed in writing to be an Eligible Cost by Ontario, in its sole and absolute discretion on a case-by-case basis. 4.7 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, Page 321 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 8 of 44 Ontario may, in its sole and absolute discretion, Adjust the Funds being provided under this Agreement. 4.8 Repayment Of Funds. The Recipient shall repay Funds to Ontario where: (a) The Recipient has used the Funds for a purpose not agreed to by Ontario; (b) The Recipient still has Funds under its charge, management or control upon the expiry or termination of this Agreement; and (c) The Recipient receives an overpayment by Ontario and is notified by Ontario of said overpayment, within twenty (20) Business Days of receiving a written demand from Ontario, after which the outstanding amount may be subject to interest charges in accordance with section 16.17 of this Agreement. Where the Recipient receives an overpayment and has not received a notice from Ontario in regards to that overpayment, the Recipient shall notify Ontario of the overpayment within twenty (20) Business Days of becoming aware of the overpayment. 4.9 Insufficient Funds Provided By Legislature. If, in the opinion of the Minister, the Ontario Legislature does not provide sufficient funds to continue the Funds for any Fiscal Year which this Agreement is in effect, Ontario may immediately, without any liability, cost or penalty and without any prejudice to any other rights or remedies Ontario has under this Agreement or at law or equity, terminate this Agreement. 4.10 Ontario May Adjust The Funds. Despite any other provision in this Agreement, Ontario may Adjust the Funds being provided under this Agreement without liability, cost or penalty. 4.11 Funds Are Part Of Social Or Economic Program. The Recipient acknowledges and agrees that any Funds provided under this Agreement is 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. SECTION 5 PAYMENT UNDER AGREEMENT 5.1 Eligibility Of Costs Or Expenses. In order for a cost or expense to be eligible to be paid from the Funds being provided under this Agreement, the cost or expense: (a) Must be reasonable; (b) Must be directly related to the Project; (c) Must be an Eligible Cost; (d) Must not be an Ineligible Cost; and (e) Must, subject to sections 4.4 and 4.5 of this Agreement, have been incurred on or after July 15, 2019 and prior to the Project Completion Date. 5.2 Payment Of Funds. Subject to all terms and conditions of this Agreement, Ontario shall pay any Funds to the Recipient in accordance with Part C.4 of Schedule “C” of this Agreement. 5.3 Conditions Precedent For Payment Of Funds. Despite section 5.2 and Part C.4 of Schedule “C” of this Agreement, Ontario may withhold the payment of any Funds to the Recipient without liability, costs or penalty until the Recipient has met the following conditions precedent: Page 322 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 9 of 44 (a) The Recipient has provided evidence that the insurance required by section 8.1 of this Agreement has been obtained within ten (10) Business Days of Ontario’s request; (b) The Recipient has provided Ontario with any requested information within ten (10) Business Days of Ontario’s request; and (c) The Recipient has not or is not meeting any duty to consult with Aboriginal Groups requirements set out under this Agreement. 5.4 Withholding Payment Of Funds. Ontario may, in its sole and absolute discretion, withhold the payment of any Funds to the Recipient under this Agreement without liability, costs or penalty where: (a) Ontario is of the opinion that the Project is not progressing in accordance with how other Projects of a similar size and scope would progress under similar circumstances; and (b) Ontario is of the opinion that the Recipient is, without limitation, not in compliance with any other agreements that the Recipient has entered into with Her Majesty the Queen in Right of Ontario where Ontario may be providing financial assistance to the Recipient, directly or indirectly, under that agreement. Where Ontario withholds the payment of any Funds to the Recipient, the following shall apply: (i) Ontario has complete and absolute discretion to determine whether the Recipient is in compliance with the terms or conditions of any other funding agreements, such as the Ontario Community Infrastructure Fund, whereby the Recipient is receiving, directly or indirectly, funding from Ontario; (ii) Ontario shall continue to withhold any payments of any Funds to the Recipient under this Agreement until the Recipient has come into compliance with the terms and conditions of any other agreement whereby the Recipient receives, directly or indirectly, funding from Ontario; and (iii) Ontario agrees that it will act reasonably when applying this section 5.4 of the Agreement and shall promptly notify the Recipient of any determinations made by Ontario with respect to the application of this section 5.4 of the Agreement. SECTION 6 RECIPIENT’S REPRESENTATIONS, WARRANTIES, COVENANTS, ACKNOWLEDGEMENTS AND AGREEMENTS 6.1 Recipient’s Representations, Warranties And Covenants. The Recipient represents, warrants and covenants that: (a) It validly exists as a legal entity, and will continue to exist for the Term of the Agreement, with full power to perform and observe all of the terms and conditions of this Agreement and that it will continue to validly exist until the Expiration Date of this Agreement; (b) It has the authority and any necessary approvals to enter into this Agreement and to carry out its terms and conditions and that it is not bound by any other agreement that would in any way interfere with Ontario’s rights under this Agreement; (c) Where applicable, it has passed the requisite by-laws to undertake any Project in which Funds are directed; Page 323 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 10 of 44 (d) It is conducting its business in accordance with all Requirements of Law and it shall continue to conduct its business in accordance with all Requirements of Law until the Expiration Date of this Agreement; (e) It has all permits, approvals, licenses, certificates or other similar documents that are required to carry out any Project to which Funds are directed or that it will apply for all permits, approvals, licenses, certificates or other similar documents before carrying out the Project; and (f) All information provided to Ontario in relation to any Funds being provided under this Agreement remains true, correct and complete as of the date this Agreement is signed in every material respect, except as set out to the contrary herein. 6.2 Additional Covenants. The Recipient undertakes to advise Ontario within five (5) Business Days of the occurrence during the Term of this Agreement of any actions, suits or other proceedings which could or would prevent compliance with the terms and conditions of this Agreement. 6.3 Recipient Shall Provide Proof Of Compliance Upon Ontario’s Request. The Recipient shall, upon receiving a written notice from Ontario, provide to Ontario with proof of the matters referred to in sections 6.1 to 6.2 of this Agreement within the time period set out in the notice. Despite section 5.2 and Part C.4 of Schedule “C” of this Agreement, and without limiting the generality of section 5.3 of this Agreement, Ontario may withhold the payment of any Funds under this Agreement without liability, costs or penalty until the Recipient provides Ontario with proof of its compliance with the matters referred to in sections 6.1 to 6.2 of this Agreement. Ontario may also, despite anything else in this Agreement and without limiting any remedies Ontario may have under this Agreement, at law or equity, Adjust the Funds if the Recipient is not in compliance with the matters referred to in sections 6.1 to 6.2 of this Agreement at any time during the Term of this Agreement. SECTION 7 CONFLICT OF INTEREST AND CONFIDENTIALITY 7.1 No Conflicts Of Interest. The Recipient shall 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. 7.2 Disclosure Of Conflict Of Interest Situations. The Recipient shall: (a) Disclose to Ontario, 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 Ontario may impose as a result of the disclosure. 7.3 Ontario Bound By FIPPA. The Recipient acknowledges that the provisions of the FIPPA and its regulations bind Ontario. Page 324 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 11 of 44 SECTION 8 INSURANCE 8.1 Recipient Shall Have Insurance. The Recipient shall put in effect and maintain until the Expiration Date of this Agreement at its own expense or arrange for its Consultant or Contractor to have all necessary insurance that would be considered appropriate for the Project and shall ensure that there is Commercial General Liability Insurance, for third party bodily injury, personal injury and property damage to an inclusive limit of not less than the amount indicated in Part B.2 of Schedule “B” of this Agreement per occurrence with insurers with an A.M. Best rating of B+ or equivalent. The Commercial General Liability Insurance policy shall include: (a) The Indemnified Party as an additional insured with respect to liability arising in the course of performance of the Recipient's obligations under, or otherwise in connection with, the Agreement; (b) A cross-liability clause; (c) Contractual Liability coverage; (d) Products and Completed Operations Liability coverage; (e) Employers Liability; (f) Tenants Legal Liability (for premises/building leases only); (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, termination or material change clause. 8.2 Ontario To Have Priority Right On Any Proceeds Of Insurance Policy. The Recipient acknowledges and agrees that Ontario shall have a priority over any other Person, including the Recipient, to use or enjoy the benefits of the proceeds from the insurance required under section 8.1 of this Agreement to pay any claim, suits, judgments, 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 (Ontario) and for any and all liability for damages to property and injury to persons, including death, that may be brought against Ontario as a result of this Agreement. SECTION 9 LIMITATION OF LIABILITY AND INDEMNIFICATION 9.1 Exclusion Of Liability. In no event shall Ontario 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. 9.2 Recipient To Indemnify Ontario. The Recipient shall indemnify and hold harmless the Indemnified Party from and against all suits, judgments, claims, demands, expenses, actions, causes of action and losses, including, without limitation, reasonable legal expenses and any claim for lien made pursuant to the Construction Lien Act (Ontario), and for any and all liability for damages to property and injury to persons, including death, which the Indemnified Party may incur, otherwise than by reason of the Indemnified Party’s own gross negligence or wilful misconduct, as a result of or arising out of or in relation to any breach by the Recipient of the terms of this Agreement, or the Recipient’s own negligence or wilful misconduct, as a result of or arising out of or in relation to: Page 325 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 12 of 44 (a) The performance of this Agreement or the breach of the terms of this Agreement by the Recipient, its officers, servants, employees and agents, or by a third party and any of its officers, employees servants or agents; (b) The ongoing operation, maintenance and repair of the Project; or (c) Any omission or other wilful or negligent act of the Recipient, a third party or their respective employees, officers, servants or agents. 9.3 Further Indemnification Of Ontario. The Recipient further agrees to indemnify and hold harmless the Indemnified Party from any general, compensatory, incidental, indirect, special or consequential damage or any loss of use, revenue or profit which the Indemnified Party may incur or related in any way to this Agreement or the Project in tort, contract or otherwise other than by reason of the Indemnified Party’s own gross negligence or wilful misconduct, as a result of or arising out or in relation to: (a) The performance of this Agreement or any breach of the terms and conditions of this Agreement by the Recipient, its officers, servants, agents, employees and Consultants or by a third party and any of its officers, servants, agents or employees where the third party entered into a Contract with the Recipient in relation to the Project; (b) The ongoing operation, maintenance and repair of the Project; or (c) Any omission or negligent act or misconduct of the Recipient its officers, servants, agents, employees, Contractors and Consultants or by a third party and any of its officers, servants, agents or employees where the third party entered into a Contract with the Recipient in relation to the Project. 9.4 Further Indemnification Requirements. The following are additional requirements related to the Recipient’s indemnification of Ontario: (a) The Recipient shall, at its own expense, to the extent requested by Ontario, participate in or conduct the defence of any proceedings against any Indemnified Party and any negotiations for their settlement; (b) Ontario 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 that Ontario has under this Agreement, at law or in equity. Each Party participating in the defence shall do so by actively participating with the other’s counsel; (c) The Recipient shall not enter into a settlement of any proceeding against an Indemnified Party unless the Recipient has obtained the prior written approval of Ontario. If the Recipient is requested by Ontario to participate in or conduct the defence of any proceeding, Ontario will cooperate with and assist the Recipient to the fullest extent possible in the proceeding and any related settlement negotiations; and (d) If Ontario conducts the defence of any proceedings, the Recipient shall cooperate with and assist Ontario to the fullest extent possible in the proceedings and any related settlement negotiations. 9.5 Recipient To Require Third Parties To Indemnify Ontario. The Recipient shall use all reasonable efforts to ensure that all third parties that the Recipient enters into a Contract with indemnify and hold harmless the Indemnified Party from and against all suits, judgments, claims, demands, expenses actions, causes of action and losses, including, without limitation, reasonable legal expenses and any claim for lien made pursuant to the Construction Lien Act (Ontario), and for any and all liability for damages to property and injury to persons, including death, which the Indemnified Party may incur, otherwise than by Page 326 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 13 of 44 reason of their own negligence or wilful misconduct, as a result of or arising out of or in relation to any breach by the Recipient of the terms of this Agreement, or the Recipient’s own negligence or wilful misconduct, as a result of or arising out of or in relation to: (a) The performance of this Agreement or the breach of the terms of this Agreement by the Recipient, its officers, servants, employees and agents, or by a third party and any of its officers, employees servants or agents; (b) The ongoing operation, maintenance and repair of the Project; or (c) Any omission or other wilful or negligent act of the Recipient, a third party or their respective employees, officers, servants or agents. The Recipient shall also use commercially reasonable efforts to ensure that the terms and conditions set out under section 9.4 of this Agreement are included in any Contracts that the Recipient enters into with any third party. The Recipient further agrees to take and implement any reasonable direction from Ontario in relation to the enforcement or assertion of this section 9.5 of the Agreement as against any third party. 9.6 Recipient To Limit Heads Of Damage As Against Ontario In Contracts With Third Parties. The Recipient shall use commercially reasonable efforts to include in the Recipient’s Contracts with any third party a provision that provides notwithstanding anything else, and in no event whatsoever, shall Ontario be liable to the third party for any incidental, indirect, special or consequential damage or any loss of use, revenue or profit which the Indemnified Party may incur as a result of anything under or related in any way to this Agreement or the Project in tort, contract or otherwise. The Recipient agrees to take and implement any reasonable direction from Ontario in relation to the enforcement of this section 9.6 of the Agreement as against any third party. SECTION 10 ACQUISITION OF GOODS AND SERVICES 10.1 Acquisition. Despite anything else contained in this Agreement, the Recipient shall ensure that all goods and services purchased with any Funds being provided under this Agreement are purchased or acquired in a fair and transparent manner and at competitive prices that are no greater than fair market value after deducting trade discounts and/or any other discounts available to the Recipient. 10.2 Ontario Not Responsible For Claims Under Tender/Bidding Process. Without limiting the generality of section 9.1 of this Agreement, Ontario shall not be responsible for any claim arising from the tender and bidding process in relation to any Project in which Funds are directed. 10.3 Competitive Procurement Process. The Recipient shall acquire and manage its equipment, services and supplies, including any construction component, required for any Project in which Funds are directed through a transparent and fair process that promotes the best value for the Funds expended. Without limiting the generality of the foregoing, where the Recipient is a municipal entity to which the Municipal Act, 2001 (Ontario) is applicable, the Recipient shall follow its procurement policies as required under the Municipal Act, 2001 (Ontario). Where the Recipient is a Local Services Board or any other entity not covered by the Municipal Act, 2001 (Ontario), the Recipient shall ensure that for equipment, services and supplies, the estimated costs of which exceed twenty-five thousand dollars ($25,000.00), the Recipient obtains at least three (3) written quotes unless Ontario gives Page 327 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 14 of 44 prior written approval. The requirement for a competitive process under this section 10.2 of the Agreement may be waived with prior written approval by Ontario, if: (a) The equipment, services or supplies the Recipient is purchasing is specialized and is 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 the equipment, services or supplies purchased. 10.4 BPSAA. For the purposes of clarity, if the Recipient is subject to the BPSAA and there is a conflict between any of the requirements of this Agreement and the requirements of the BPSAA, the BPSAA shall apply. 10.5 Contracts. The Recipient shall 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) Are managed in a way that is transparent, competitive and consistent with value for money principles (e) Require that any third parties thereto comply with all Requirements of Law; and (f) Authorize Ontario to collect, use and disclose in accordance with the Requirements of Law information and data gathered by the third party in connection with Project, perform audits of the third party and monitor the Project as Ontario sees fit. 10.6 Costs Of Contracts Not Awarded In Compliance With This Section May Be Deemed Ineligible. If Ontario determines that the Recipient has awarded a Contract in a manner that is not in compliance with this section 10 of the Agreement, Ontario may, upon written notification to the Recipient, deem the costs associated with the Contract as being ineligible for payment from the Funds. 10.7 Recipient To Keep Records Of Contracts. The Recipient shall keep and maintain proper and accurate accounts and records, including, but not limited to, all Contracts, invoices, statements, receipts and vouchers in relation to the Project for a period of at least seven (7) years after the Term of this Agreement. 10.8 Trade Agreements. If the Recipient is subject to any provincial or federal trade agreements to which Ontario is a party, the Recipient shall 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 shall comply with all applicable requirements of Annex 502.4. In the event of any conflict between the requirements of any other provisions of this section 10 of the Agreement and the requirements of Annex 502.4, the requirements of Annex 502.4 shall apply to the extent of the conflict. SECTION 11 ABORIGINAL CONSULTATION 11.1 Provision Of Funds Dependent Upon Ontario Meeting Its Duty To Consult Obligations. The Recipient hereby acknowledges and agrees that the provision of any Funds under this Agreement is strictly conditional upon Ontario satisfying any obligation it may have to consult Page 328 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 15 of 44 with and, if required, accommodate any Aboriginal Group with an interest in the Project in which Funds are directed in order for the Project to proceed. 11.2 Recipient Ontario’s Delegate For Purposes Of Consultation With Aboriginal Groups. By entering into this Agreement, Ontario delegates the procedural aspects of any consultation obligations Ontario may have with any Aboriginal Group in relation to the Project to the Recipient as set out in Schedule “E” of this Agreement. The Recipient, by signing this Agreement, acknowledges that Ontario has delegated the procedural aspects of any consultation obligations Ontario may have with any Aboriginal Group in relation to the Project and accepts said delegation and agrees to act diligently as Ontario’s delegate so as to preserve the Honour of the Crown in relation to any consultation obligations Ontario may have in relation to the Project. 11.3 Recipient’s Obligations In Relation To Consultations. The Recipient shall: (a) Be responsible for consulting with any Aboriginal Group that has an interest in the Project on behalf of Ontario in accordance with Schedule “E” of this Agreement; (b) Take directions from Ontario in relation to consulting with any Aboriginal Group with an interest in the Project as well as any other directions Ontario may issue in relation to consultations, including suspending or terminating the Project; 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, as set out under Schedule “G” of this Agreement. 11.4 Recipient Shall Not Start Construction On The Project Until Recipient Provides Evidence To Ontario That Notice Of The Project Has Been Given To Identified Aboriginal Groups as Directed by Ontario. The Recipient shall not commence or allow any third party to commence construction on any aspect of the Project for forty-five (45) Business Days, or such other time as Ontario may direct, after it has provided Ontario with written evidence that the Recipient has sent notice about the Project to the Aboriginal Groups identified in accordance with Schedule “E” of this Agreement. SECTION 12 COMMUNICATIONS 12.1 Recipient To Follow Communications Protocol. The Recipient shall follow the Communications Protocol set out under Schedule “F” of this Agreement. SECTION 13 REPORTS 13.1 Reports. The Recipient shall submit the Reports set out in Schedule “G” of this Agreement in accordance with the dates set out for each of those Reports set out in Schedule “G” of the Agreement. The Recipient shall follow such reasonable administrative procedures as Ontario may specify from time to time. 13.2 Additional Reports Upon Request. The Recipient shall, upon Ontario’s request in writing, collect such information and provide such additional reports as Ontario may specify from time to time during the Term of this Agreement. The Recipient shall provide any additional reports within ten (10) Business Days of the request, unless the request provides otherwise. Page 329 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 16 of 44 13.3 Compliance Attestation. The Recipient shall provide a compliance attestation that is signed by the Recipient’s Administrative Officer/Clerk or Treasurer for any reports required under sections 13.1 and 13.2 of this Agreement. SECTION 14 RECORDS, INSPECTION, AUDITS AND THE PROVISION OF INFORMATION 14.1 Recipient’s Obligations Under Agreement. The Recipient: (a) Shall keep and maintain all financial records, receipts, invoices and other financially- related documents relating to any Funds or otherwise in relation to the Project in a manner consistent with generally accepted accounting principles and clerical practices, and shall maintain such records and keep them available for review by Ontario for a period of seven (7) years from the Expiration Date of this Agreement; and (b) Shall maintain all non-financial documents and records relating to any Funds or otherwise to the Project, including any records it receives about the people it serves, in a confidential manner consistent with all Requirements of Law. 14.2 Ontario May Inspect Recipient’s Premises And Projects’ Premises At Any Time. Ontario reserves the right to inspect the Recipient’s premises and any premises of the Project at any time as it relates to the provision of any Funds under this Agreement. Without limiting the generality of the foregoing, the Recipient hereby authorizes Ontario, its employees and agents, including the Auditor General, to, upon twenty-four (24) hours’ written notice and during normal business hours, enter the Recipient’s premises to review the status of the Project and to copy any financial records, invoices and other financially- related documents, including all Contracts the Recipient has entered into in relation to the Project. 14.3 Audits. Ontario may, at its own expense, conduct audits of the Project. Ontario may require the assistance of an external auditor to carry out an audit. If so, Ontario shall be responsible for retaining the external auditor. 14.4 Auditor General. The Auditor General may, at the Auditor General’s cost, conduct an audit with respect to the use of any Funds under this Agreement. For the purposes of facilitating such an audit, the Recipient shall release to Ontario upon request and in a timely manner, for the purpose of releasing to the Auditor General: (a) All records held by the Recipient, or by agents or contractors of the Recipient relating to this Agreement and/or the use of the Funds; and (b) Such further information and explanations as the Auditor General, or anyone acting on behalf of the Auditor General, may request relating to any part of this Agreement or the use of the Funds. 14.5 Information. The Recipient shall supply to Ontario, within ten (10) Business Days of receiving a written request, such information in respect of this Agreement or the Project as Ontario requests unless the request provides otherwise. 14.6 Provision Of Information Is A True Condition Precedent. If, in the opinion of Ontario, any of the information requirements of this Agreement are not met, Ontario may in its sole and absolute discretion, and despite section 5.2 and Part C.4 of Schedule “C” of this Agreement, require the information as a condition precedent to the payment of any Funds under this Agreement without liability, costs or penalty. Page 330 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 17 of 44 SECTION 15 DEFAULT AND TERMINATION 15.1 Events Of Default. Ontario may, acting in a reasonable manner, without liability, cost or penalty and without prejudice to any other rights or remedies of Ontario under this Agreement or at law or in equity, terminate this Agreement immediately upon giving written notice to the Recipient where: (a) In the opinion of Ontario: (i) The Recipient has provided false or misleading information to Ontario; (ii) The Recipient breaches a material term or condition of this Agreement, where materiality is to be determined by Ontario, in its sole and absolute discretion, acting reasonably and has failed to cure or remedy the breach of this Agreement within 30 days of receiving written notice of the breach from Ontario; (iii) The Recipient breaches a material term or condition of any other funding agreement it has with Ontario, where materiality is to be determined by Ontario, in its sole and absolute discretion, acting reasonably and has failed to cure or remedy the breach of the other funding agreement within 30 days of receiving written notice of the breach from Ontario; (iv) The Recipient is unable to continue with the Project or the Recipient is likely to discontinue the Project; or, (v) A material adverse change occurs such that the viability of a Recipient as a going concern is threatened. 15.2 Remedies On Default. Despite any other rights Ontario has under this Agreement, if an Event of Default has occurred, Ontario shall have the following remedies: (a) Ontario shall not have to provide any further Funds under this Agreement; (b) Ontario may, at is option, terminate this Agreement immediately after any notice period expires or may, in its sole and absolute discretion, Adjust the Funds, including a demand to return all Funds provided under this Agreement; (c) Ontario may avail itself of any of its legal remedies that it may deem appropriate. 15.3 Additional Remedies. In addition to the remedies described in section 15.2 of this Agreement, Ontario may commence such legal action or proceedings as it, in its sole and absolute discretion, may deem expedient, without any additional notice under this Agreement. The rights and remedies of Ontario hereunder are cumulative and in addition to, and not in substitution for, all other rights or remedies otherwise available to Ontario at law, equity or under statute. 15.4 Waiver Of Event Of Default Must Be In Writing. Ontario may, in its sole and absolute discretion, at any time, waive any above-mentioned Event of Default which may have occurred provided that no such waiver shall extend to, or be taken in any manner whatsoever to affect, any subsequent Event of Default or the right to remedies resulting therefrom, and that no such waiver shall be, or shall deemed to constitute, a waiver of such Event of Default unless such waiver is in writing from Ontario. Ontario may also impose conditions on any waiver it provides under this section 15.4 of the Agreement. 15.5 Ontario’s Discretion To Terminate Agreement. Despite anything else contained in this Agreement, Ontario may, without liability, cost or penalty and without prejudice to any other rights or remedies Ontario may have under this Agreement or at law or in equity terminate Page 331 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 18 of 44 this Agreement at any time upon one hundred and eighty (180) days’ notice to the Recipient, provided it acts reasonably in doing so. 15.6 Termination Of Agreement For Circumstances Beyond The Control Of A Party. Neither Party shall be liable for damages caused by delay or failure to perform its obligations under this Agreement where such delay or failure is caused by an event beyond its reasonable control. Should the event last more than ninety (90) Business Days, this Agreement shall terminate and the process set out under section 15.5 of this Agreement shall be followed, with any necessary modifications. 15.7 Date of Termination. In the event of termination pursuant to this section 15 of the Agreement, the effective date of termination shall be the last day of the notice period, the last day of any subsequent notice period or immediately, whichever applies. SECTION 16 GENERAL PROVISIONS 16.1 Terms Binding. The Recipient shall take all reasonable measures to ensure that its officers, directors, partners, employees, agents, third party contractors shall be bound to observe all of the terms and conditions of this Agreement, including, but not limited to all of the covenants, representations and warranties set out herein. 16.2 Representatives May Bind Parties. The Parties represent and warrant that their respective representatives have the authority to legally bind them to the extent permissible by the Requirements of Law. As well, the rights, duties and powers of the Minister of Transportation under this Agreement may be exercised by the Regional Director for the Region where the Project is located. 16.3 Further Assurances. The Parties agree to do or cause to be done all acts or things necessary to implement and carry into effect this Agreement to its full extent. 16.4 Agreement Binding. This Agreement shall ensure to the benefit of and be binding upon the Parties, their successors, executors, administrators, heirs and their permitted assigns. 16.5 Waivers In Writing. If a Party fails to comply with any term of the 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 set out in section 16.19 of this Agreement. Any waiver must refer to a specific failure to comply and shall not have the effect of waiving any subsequent failures to comply. For greater certainty, where Ontario chooses to waive a term or condition of the Agreement, such waiver shall only be binding if provided by a person who indicates in writing that he or she has specific authority to provide such a waiver. 16.6 Tolerance Of Indulgence Of Breach Not A Waiver. Any failure by Ontario to insist in one or more instances upon strict performance by the Recipient of any of the terms or conditions of this Agreement shall not be construed as a waiver by Ontario of its rights to require strict performance of any such terms or conditions, and the obligations of the Recipient with respect to such performance shall continue in full force and effect. 16.7 Time Is Of The Essence. In the performance and observance of the terms and conditions of this Agreement, time is of the essence and no extension or variation of this Agreement shall operate as a waiver of this provision. Page 332 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 19 of 44 16.8 Severability. If any term or condition of this Agreement, or the application thereof to the Parties or to any persons or circumstances, is to any extent invalid or unenforceable, the remainder of the Agreement, and the application of such term or condition to the Parties, persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. 16.9 No Assignment Of Agreement. The Recipient shall not assign this Agreement to any other person unless Ontario agrees to the assignment in writing. Ontario may impose any terms or conditions. 16.10 No Amendment. This Agreement shall not be varied or amended except by a document in writing, dated and signed on behalf of the Recipient and the Regional Director of the Ministry’s Region where the Project is located. 16.11 Joint Authorship Of Agreement. The Parties shall be considered joint authors of this Agreement and no provision herein shall be interpreted against one Party by the other Party because of authorship. No Party shall seek to avoid a provision herein because of its authorship through recourse to a third party, court, tribunal or arbitrator. 16.12 Parties Independent. The Recipient acknowledges that it is not an agent, joint venturer, partner or employee of Ontario and the Recipient shall not take any actions that could establish or imply such a relationship. 16.13 Recipient Cannot Represent Ontario. The provision of any Funds to the Recipient pursuant to this Agreement is for the sole purpose of, and is limited to, allowing the Recipient to carry out the Project. The Recipient represents, warrants and agrees that under no circumstances shall it enter into any contract or commitment in the name of or on behalf of Ontario. The Recipient acknowledges and agrees that it is not by the terms and conditions of this Agreement or otherwise granted any right or authority to assume or to create any obligations or responsibility, express or implied, on behalf of or in the name of Ontario, to act as an agent of Ontario or to bind Ontario in any manner whatsoever other than as specifically provided under this Agreement. 16.14 Recipient’s Consultants/Contractors. Ontario acknowledges and recognizes that, in connection with the carrying out the Project, the Recipient may engage one or more Consultants or Contractors. Ontario acknowledges and agrees that the Recipient shall have the sole authority and responsibility for such employees, agents, Consultants or Contractors, including the hiring and termination. The Recipient acknowledges and agrees that the Recipient shall be responsible for all acts and actions of the Recipient’s employees, agents, Consultants and Contractors and that all such acts and actions shall be treated as actions of the Recipient for the purposes of this Agreement. 16.15 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 Ontario 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 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 and/or conditions of this Agreement; and Page 333 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 20 of 44 (c) No money from the Government of Ontario was used to lobby or otherwise secure the provision of any Funds hereunder. 16.16 Debt Owing To Her Majesty The Queen In Right Of Ontario. Any payment that the Recipient is required to make under this Agreement shall constitute a debt due and owing to Her Majesty the Queen in Right of Ontario and the Recipient shall pay the amount to Ontario immediately upon written demand unless Ontario directs otherwise. 16.17 Her Majesty The Queen In Right Of Ontario May Charge Interest. Her Majesty the Queen in Right of Ontario may charge the Recipient interest on any monies owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. 16.18 Set-Off By Ontario. In the event that the Recipient is indebted to Her Majesty the Queen in Right of Ontario under this Agreement, Ontario may set-off that debt against any amounts payable to the Recipient by Her Majesty the Queen in Right of Ontario. This right of set-off is in addition to any rights of set-off it has under the Financial Administration Act (Ontario) or the Financial Administration Act (Canada). 16.19 Notice And Service Of Documents Under Agreement. Notices shall be in writing and shall be delivered by postage-prepaid mail, personal delivery, facsimile transmission or Email transmission and shall be addressed to Ontario and the Recipient respectively, as set out in Part B.5 of Schedule “B” of this Agreement. Notice shall be deemed to have been received: (a) In the case of postage-prepaid mail, five (5) Business Days after such notice is mailed; or (b) In the case of personal delivery, facsimile transmission or Email transmission, one (1) Business Day after such notice is delivered to the other Party. In the event of a postal disruption, notices shall be given by personal delivery, facsimile transmission or Email transmission. Unless the Parties expressly agree in writing to additional methods of notices, notices may only be provided by the method(s) contemplated in this section 16.19 of the Agreement. The Parties agree that for the purposes of this section 16.19 of the Agreement, the name(s) of the individuals may be changed without amending the Agreement through the Party making the change providing written notice to the other Party of said change. 16.20 Governing Law. This Agreement and the rights, obligations and relations of the Parties shall 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 in connection with this Agreement shall be conducted in Ontario. 16.21 Agreement Executed In Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together, shall constitute one and the same agreement. 16.22 Entire Agreement. This Agreement, including its Schedules, embodies the entire Agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations or agreements. No prior document, discussion, negotiation, provision undertaking or agreement in relation to the subject matter of this Agreement has any legal effect. No representation or warranty, Page 334 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 21 of 44 whether express, implied or otherwise, has been made by Ontario to the Recipient except as expressly set out in this Agreement. 16.23 Survival. The provisions of this Agreement that by their nature survive the expiration or early termination of this Agreement shall so survive. Without limiting the generality of the foregoing, the provisions that shall survive the termination or expiration of this Agreement for a period of seven (7) years from the Expiration Date or termination of this Agreement, whichever occurs first, include: sections 1, 3 to 6, 9, 11 and 13 to 15; subsections 2.2, 16.5, 16.6, 16.8, 16.10 to 16.12, and 16.16 to 16.23; Parts B.5 and B.6 of Schedule “B” of this Agreement and Schedules “E” and “F”; along with all cross-referenced provisions within the foregoing sections, subsections and Schedules. [REST OF PAGE INTENTIONALLY LEFT BLANK] Page 335 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 22 of 44 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 Transportation or Delegate. ______________________________________ ___________________ Name: Teepu Khawja Date Title: Assistant Deputy Minister Provincial Highways Management Division I have the authority to bind the Crown. THE CORPORATION OF THE TOWN OF TILLSONBURG ______________________________________ ___________________ Name: Date Title: AFFIX CORPORATE SEAL ______________________________________ ___________________ Name: Date Title: I/We have the authority to bind the Recipient. Page 336 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 23 of 44 SCHEDULE “A” PROJECT DESCRIPTION Application Project Name: Oxford/Simcoe St. Road Rehabilitation Approved Project Name: Reconstruction of Oxford Street and Simcoe Street (Broadway Street to Vienna Road) Project Description: Road rehabilitation work on Oxford Street from Broadway to Tillson Avenue continuing along Simcoe Street from Tillson Avenue to Vienna Road which includes a structure. 695m of road reconstruction is included in this project. Project Description Details (from Application): The proposed location of road rehabilitation work is along Oxford Street from Broadway to Tillson Avenue continuing along Simcoe Street from Tillson Avenue to Vienna Road, a distance of 695 meters of which includes a five (5) lane bridge structure. The scope of work includes outsourcing the engineering design associated with the bridge rehabilitation and repair works while the full-depth road rehabilitation work would be completed simultaneously in-house by Town Engineering Services to produce a comprehensive tender ready package by the end of 2019. The project construction works consists of full-depth road surface rehabilitation with spot sidewalk and curb repairs along with catch basin and manhole cover adjustments/replacement. Based on recent pavement design for the North Broadway project, similar conditions existing allowing for the same pavement design consisting of two (2) 65mm lifts of Superpave 19.0 and a 50mm Superpave 12.5 FC1 surface wearing course over an existing compacted granular road base (150mm Granular 'A' and 300mm Granular 'B') to be employed. The project also consists of bridge rehabilitation and repair work of waterproofing the deck and replacing the wearing surface throughout including the approaches as well as some localized embankment slope protection and retaining wall repairs. Page 337 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 24 of 44 SCHEDULE “B” OPERATIONAL REQUIREMENTS UNDER THE AGREEMENT PART B.1 – EFFECTIVE DATE OF AGREEMENT B.1.1 Effective Date Of Agreement. The Effective Date of this Agreement is the date in which the Province signs the Agreement. PART B.2 – INSURANCE REQUIREMENTS B.2.1 Insurance Requirements. The Recipient or its agent(s) shall have no less than two million dollars ($2,000,000.00) in general commercial liability insurance per occurrence. PART B.3 – PROJECT COMPLETION DATE B.3.1 Project Completion Date. The Project shall be completed no later than December 31, 2020. For clarity this means Substantial Completion must have occurred and the project construction work must have been completed. PART B.4 – EXPIRATION DATE B.4.1 Expiration Date Of Agreement. Unless this Agreement is terminated earlier, this Agreement shall expire on March 31, 2021. PART B.5 – NOTICE AND CONTACT B.5.1 Notice And Contact Information. Notices under this Agreement shall be sent in accordance to the following: To Ontario: Ministry of Transportation Operations Office 301 St. Paul Street, 2nd Floor St. Catharines, Ontario L2R 7R4 Attention: Program Coordinator, Connecting Links Program Telephone: 905-704-2097 Fax: 905-704-2777 Email: CLProgram@ontario.ca To Recipient: The Corporation of The Town of Tillsonburg 200 Broadway Suite #204 Tillsonburg, ON N4G 5A7 Attention: Kevin De Leebeeck Director of Operations Telephone: 519-688-3009 Email: kdeleebeeck@tillsonburg.ca Any Notice not sent in accordance with the above shall be deemed to not constitute proper Notice under the Agreement. Page 338 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 25 of 44 PART B.6 – ASSET RETENTION PERIOD B.6.1 Recipient To Notify Ontario Before Disposal Of Assets Purchased With Funds Under Agreement. The Recipient shall notify the Ministry of Transportation in writing of any disposal of assets purchased by the Funds at least one hundred and eighty (180) Business Days in advance of the disposition. The Recipient shall not dispose of any assets purchased, constructed, rehabilitated or improved by the Funds without the prior written consent of Ontario. B.6.2 Asset Retention Period. The Recipient shall retain any asset purchased, rehabilitated or built with Funds under this Agreement for a period of five (5) years from the date that the Project is completed. [REST OF PAGE INTENTIONALLY LEFT BLANK] Page 339 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 26 of 44 SCHEDULE “C” FINANCIAL INFORMATION FOR THE PROJECT PART C.1 – MAXIMUM FUNDS C.1.1 Ontario’s Maximum Funds Under Agreement. Subject to the terms and conditions of this Agreement, Ontario shall provide the Recipient with an amount up to One Million, Five Hundred Seventy-Eight Thousand, Four Hundred and Sixty-One Dollars ($1,578,461) in Funds for Eligible Costs for the Project. Project’s Estimated Total Net Eligible Costs: $1,753,845 (Original budget from application) Percentage of Provincial Support The Percentage of Provincial Support is fixed at Ninety Percent (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 no earlier than July 15, 2019 and prior to the Project Completion Date by the Recipient under a contract for goods or services necessary for the implementation of the Project, as more particularly described in part D.1 – Eligible Costs of this Schedule “B”, less any HST rebate or any other rebates the Recipient has received, will receive or is eligible to receive from any government source. PART C.2 – HOLDBACK C.2.1 Holdback. Ontario may hold back up to fifteen (15) percent from any payment of any Funds under this Agreement. Ontario may retain this holdback until it has approved the Recipient’s Final Report, upon after which Ontario shall pay the holdback to the Recipient. PART C.3 – END OF FUNDS DATE C.3.1 End of Funds Date. Despite anything else contained in this Agreement, Ontario shall not provide any Funds to the Recipient for the Project after March 31, 2021. PART C.4 – PAYMENT OF FUNDS C.4.1 Payment Of Funds. Ontario shall pay, subject to the terms and conditions of the Agreement, to the Recipient the Funds in accordance with the following: [REST OF PAGE INTENTIONALLY LEFT BLANK] Page 340 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 27 of 44 MILESTONE PAYMENT SCHEDULE MILESTONE PAYMENT AMOUNT REQUIRED DOCUMENTATION Milestone 1: Upon receipt and Acceptance by MTO of first Contract Award to initiate project. An amount up to fifty percent (50%) of the Maximum Funds Contract Award Report Must be submitted within fifteen (15) Business Days of a council resolution and no later than September 30, 2019. Milestone 2: Upon receipt and acceptance by MTO of Report of Substantial Completion. . An amount up to eighty-five percent (85%) 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 Total Net Eligible Costs, less the amount paid at Milestone 1. Substantial Completion Report Within fifteen (15) Business Days of the Project Completion Date set out in Part B.3 of Schedule “B” of the Agreement (no later than December 31st of the fiscal year of Project Completion). Milestone 3: Upon receipt and acceptance by MTO of the Final Report. 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 Within sixty (60) Business Days of the Project Completion or no later than March 8 of the fiscal year of Project Completion. Part C.5 – Limit On Ontario’s Contribution Under Agreement C.5.1 Limit On Provincial Contribution Under Agreement. Despite anything else contained in this Agreement, Ontario’s total contribution toward the Project shall not exceed ninety percent (90%) of the Project’s total Eligible Costs. Page 341 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 28 of 44 SCHEDULE “D” ELIGIBLE AND INELIGIBLE COSTS PART D.1 – ELIGIBLE COSTS D.1.1 Eligible Costs. Subject to the terms and conditions of this Agreement and Part D.2 of this Schedule “D” 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 Ontario’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 is acceptable to Ontario. Without limiting the generality of the foregoing, Eligible Costs shall 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 A; (b) The Scope of Eligible Work as described in the Connecting Links Program Guide; (c) 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 “F” 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. PART D.2 – INELIGIBLE COSTS D.2.1 Ineligible Costs. The following costs are Ineligible Costs and are therefore ineligible for funding under this Agreement: (a) Costs incurred prior to July 15, 2019 or after the Project Completion Date; (b) Costs associated with the acquisition or leasing of: (i) Land, (ii) Buildings, (iii) Equipment, (iv) Other facilities, and (v) Obtaining easements, including costs or expenses for surveys, and includes real estate fees and other related costs; Page 342 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 29 of 44 (c) Financial charges, legal fees, other than those association with consultation with Aboriginal Groups (provided such legal fees are reasonable), loan and interest payments (d) The value of any goods and services which are received through donations or in kind; (e) 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; (f) Meal, hospitality or incidental costs or expenses of Consultants; (g) Costs associated with completing applications for the Connecting Links Program; and (h) Any costs of accommodation for any Aboriginal Group. D.2.2 Harmonized Sales Tax. Any portion of the Harmonized Sales Tax that is refundable by the Canada Revenue Agency as an input tax credit or as a rebate shall be deemed to be an Ineligible Cost. Any portion of the Provincial Sales Tax that is refundable by the respective provincial tax authority shall be deemed to be an Ineligible Cost. D.2.3 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. Ontario 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] Page 343 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 30 of 44 SCHEDULE “E” ABORIGINAL CONSULTATION REQUIREMENTS PART E.1 – PURPOSE AND DEFINITIONS E.1.1 Purpose. This Schedule sets out the responsibilities of Ontario and the Recipient in relation to consultation with Aboriginal Groups on the Project, and to delegate procedural aspects of consultation from Ontario to the Recipient. E.1.2 Definitions. For the purposes of this Schedule: “Section 35 Duty” means any duty Ontario may have to consult and, if required, accommodate Aboriginal Groups in relation to the Project flowing from section 35 of the Constitution Act, 1982. PART E.2 – RESPONSIBILITIES OF ONTARIO E.2.1 Ontario’s Responsibilities. Ontario 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 Ontario 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. PART E.3 – RESPONSIBILITIES OF THE RECIPIENT E.3.1 Recipient’s Responsibilities. The Recipient is responsible for: (a) Giving notice to the Aboriginal Groups regarding the Project as directed by Ontario, if such notice has not already been given by the Recipient or Ontario; (b) Immediately notifying Ontario 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; (c) 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, Page 344 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 31 of 44 trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to the Aboriginal Groups, and immediately advising Ontario of the details of the same; (d) Informing the Aboriginal Groups of the regulatory and approval processes that apply to the Project of which the Recipient is aware after reasonable inquiry; (e) 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; (f) Making all reasonable efforts to build a positive relationship with the Aboriginal Groups in relation to the Project; (g) 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; (h) If appropriate, providing reasonable financial assistance to Aboriginal Groups to permit effective participation in consultation processes for the Project, but only after consulting with Ontario; (i) 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; (j) Answering any reasonable questions to the extent of the Recipient’s ability and receiving comments from the Aboriginal Groups, notifying Ontario 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; (k) Where an Aboriginal Group asks questions regarding the Project directly of Ontario, providing Ontario with the information reasonably necessary to answer the inquiry, upon Ontario’s request; (l) Subject to paragraph (o) below, 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 Ontario any comments or questions from the Aboriginal Groups that relate to potential accommodation or mitigation of potential impacts; (m) Consulting regularly with Ontario during all discussions with Aboriginal Groups regarding accommodation measures, if applicable, and presenting to Ontario the results of such discussions prior to implementing any applicable accommodation measures; (n) Complying with Ontario’s direction to take any actions, including without limitation, suspension or termination of the Project, as Ontario may require; and Page 345 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 32 of 44 (o) Providing in any contracts with Third Parties for the Recipient’s right and ability to respond to direction from Ontario as Ontario may provide. E.3.2 Acknowledgement By Recipient. The Recipient hereby acknowledges that, notwithstanding section 11.2 of the Agreement, Ontario, 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. E.3.3 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 Ontario: (a) Provide to Ontario, 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 Ontario with complete and accurate copies of such records upon request; (c) Provide Ontario 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 Ontario of any contact by any Aboriginal Groups regarding the Project and provide copies to Ontario of any documentation received from Aboriginal Groups; (e) Advise Ontario in a timely manner of any potential adverse impact of the Project on Aboriginal or treaty rights or asserted rights of which it becomes aware; (f) Immediately notify Ontario if any Aboriginal archaeological resources are discovered in the course of the Project; (g) Provide Ontario with summary reports or briefings on all of its activities in relation to consultation with Aboriginal Groups, as may be requested by Ontario; and (h) If applicable, advise Ontario 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. E.3.4 Recipient Shall Assist Ontario. The Recipient shall, upon request lend assistance to Ontario by filing records and other appropriate evidence of the activities undertaken both by Ontario 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 Ontario and by the Recipient, to the relevant regulatory or judicial decision-makers. PART E.4 – NO IMPLICIT ACKNOWLEDGEMENT E.4.1 No Acknowledgment Of Duty To Consult Obligations. Nothing in this Schedule shall be construed as an admission, acknowledgment, agreement or concession by Ontario 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 Page 346 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 33 of 44 in section 1.2 hereof is an aspect of the Section 35 Duty that could not have lawfully been delegated to the Recipient had the Parties so agreed. PART E.5 – GENERAL E.5.1 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 Ontario 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, Ontario, and provincial ministries, boards, agencies and other regulatory decision-makers. PART E.6 – NOTICE AND CONTACT E.6.1 Notices In Relation To Schedule. All notices to Ontario pertaining to this Schedule shall be in writing and shall be sent to the person identified under Part B.5 of Schedule B. [REST OF PAGE INTENTIONALLY LEFT BLANK] Page 347 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 34 of 44 SCHEDULE “F” COMMUNICATIONS PROTOCOL PART F.1 – INTRODUCTION F.1.1 Purpose of Communications Protocol. This Communications Protocol (Protocol) outlines the respective responsibilities and the working relationship between the Parties to this Agreement as they relate to all communications by the Parties regarding funding received in relation to the Project. F.1.2 Application of Communications 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: • Project signage • Media events and announcements, including news conferences, public announcements, official events or ceremonies, news releases • Printed materials • Websites • Photo compilations • Award programs • Awareness campaigns PART F.2 – PROJECT SIGNAGE F.2.1 Project Signage: The Recipient shall, at Ontario’s request, provide acknowledgement of the provincial contribution to the Project. Sign design, content and installation guidelines will be provided by Ontario. F.2.2. Permanent Plaque. 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 Ontario prior to installation. F.2.3 Installation of Signage. 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. PART F.3 – MEDIA EVENTS F.3.1 Requesting Media Events. The Recipient or Ontario 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 (20) 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. F.3.2 Approval Of Communications. All joint communications material related to media events and announcements must be approved by Ontario and recognize the funding provided by Ontario. Page 348 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 35 of 44 F.3.3 Media Events. Media events and announcements include but are not limited to: • News conferences • Public announcements • Official events or ceremonies • News releases PART F.4 – PRINTED MATERIALS, WEBSITE, PHOTO COMPILATIONS, AWARD PROGRAMS AND AWARENESS CAMPAIGNS F.4.1 Messaging About Project. With prior consultation with Ontario, the Recipient may include messaging in its own communications products and activities with regards to the Project. When undertaking such activities, the Recipient shall provide the opportunity for Ontario to participate and shall recognize the funding provided by Ontario. PART F.5 – ISSUES MANAGEMENT F.5.1 Sharing Information. The Recipient shall share information promptly with Ontario should significant emerging media, Project or stakeholder issues relating to a Project arise. Ontario will advise Recipients, when appropriate, about media inquiries concerning the Project. PART F.6 – COMMUNICATING SUCCESS STORIES F.6.1 Communicating About Project. The Recipient agrees to communicate with Ontario for the purposes of collaborating on communications activities and products including but not limited to success stories and features relating to the Project. F.6.2 Ontario’s Right To Publicize Information About Project. The Recipient acknowledges and agrees that Ontario may publicize information about the Project. Ontario agrees it will use reasonable efforts to consult with the Recipient about Ontario’s publication about the Project prior to making it. PART F.7 - DISCLAIMER F.7.1 Disclaimer. If the Recipient publishes any material of any kind relating to the Project or the Connecting Links Program, the Recipient shall indicate in the material that the views expressed in the material are the views of the Recipient and do not necessarily reflect Ontario’s views. [REST OF PAGE INTENTIONALLY LEFT BLANK] Page 349 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 36 of 44 SCHEDULE “G” REPORTING REQUIREMENTS PART G.1 – REPORTS REQUIREMENTS The following Reports are to be provided in full in the corresponding format provided hereafter and with such content as is satisfactory to Ontario: Name of Report and Details Required Due Date 1. Contract Award Report - a Report from council including a resolution or bylaw authorizing the award of the first contract to initiate the project. Within fifteen (15) Business Days of a council resolution and no later than September 30, 2019. 2. Revised Budget Report must be based on tenders awarded to complete the Project including: (i) first contract for project as part of the Milestone 1 Report, (ii) after award for detail design (if not first contract), and (iii) after award of construction. The Recipient shall use the form set out in Part G.2 of Schedule “G” of the Agreement. Within fifteen (15) Business Days of a council resolution authorizing the contract award. 3. Progress Report - The Recipient shall use the form set out in Part G.3 of Schedule “G” of the Agreement. Twice a year by January 15 and July 15 for the Term of the Agreement. 4. Substantial Completion Report – The recipient shall use the form set out in Part G.4 along with a Revised Budget Report using the form set out in Part G.2 of Schedule “G” of the Agreement. Within fifteen (15) Business Days of the Project Completion Date set out in Part B.3 of Schedule “B” of the Agreement (no later than December 31st of the fiscal year of Project Completion). 5. Final Report - including statement of final incurred eligible expenses validated by invoices and/or payment certificates. The Recipient shall use the form set out Part G.5 of Schedule “G” of the Agreement. Within sixty (60) Business Days of the Project Completion or no later than March 8 of the fiscal year of Project Completion. 6. 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 350 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 37 of 44 SCHEDULE “G” Continued PART G.2 – REVISED BUDGET REPORT REVISED BUDGET REPORT This report will contain a revised budget for the Project based on Total Net Eligible Expenses after award of (i) first contract for project as part of the Milestone 1 Report, (ii) after award for detail design (if not first contract), and (iii) after award of construction. This report should be submitted to the ministry within 15 days of award of tender. Recipient Municipality Name Project Name REVISED PROJECT COSTS ORIGINAL BUDGET (From Application) REVISED BUDGET VARIANCE Environmental Assessment/Permits Engineering/Design Project Management/Contract Administration Construction Miscellaneous Total Less Any Actual or Potential HST Rebates REVISED TOTAL NET ELIGIBLE COSTS VARIANCE EXPLANATION In cases where revised costs have a variance of 15% or more than the original budget (from application), please provide an explanation. If more space required, attach additional page. PROJECT CERTIFICATION As the payment certifier or chief financial officer for my municipality [Full Legal Name below] _____________________________________________________________, I hereby certify that the revised Project Budget figures set out above are true to the best of my knowledge, information and belief. Signature: Name: Title: Phone Number: Date: Page 351 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 38 of 44 SCHEDULE “G” Continued PART G.3 – PROGRESS REPORT PROGRESS REPORT For projects to be completed in 2019-20, a progress report is due on or before September 30, 2019. For projects of two or three years to complete, this report is due twice a year on or before January 15 and July 15 for the term of the Agreement. Please contact your local Ministry of Transportation office should you have any questions filling in this report. Recipient Municipality Name Project Name Key Dates: Date Forecasted Actual Total Eligible Project Costs to Date Less Any Actual or Potential HST Rebates TOTAL NET ELIGIBLE COSTS to Date Start Date of Detail Design (if applicable) End Date of Detail Design (if applicable) Start Date of Construction (if applicable) End Date of Construction (if applicable) Substantial Completion Date Please provide information in format below and attach to this report. Description of Activities Activity Status (On, Ahead, or Behind Schedule) Issues to Date and Actions Taken to Resolve Issues Confirm Expected Completion Date of Activity Page 352 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 39 of 44 SCHEDULE “G” Continued Other Progress to date Include any communications events, and communications sent/received (oral or written) from any Aboriginal Groups, please include dates, where applicable or available Variance from original approved Project (if any) If so, explain why and by when? Attestation by Authorized Official: I, ___________________________ confirm that my municipality is in compliance with the terms and conditions found in the Agreement for this Project. Name: ____________________________________ Title: ____________________________________ Date: ________________ Page 353 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 40 of 44 SCHEDULE “G” Continued PART G.4 – SUBSTANTIAL COMPLETION SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION Recipient Municipality Name: ____________________________________________________ Project Name: ________________________________________________________________ In the matter of the Agreement entered into between, Her Majesty the Queen in right of Ontario, as represented by the Minister of Transportation and the above-noted Recipient, on ___________ , 20___(date) I, __________________________a ___________________ (Registered Engineer or Architect, Municipal Official) in the Province of Ontario, do solemnly declare as follows: 1. That I am the __________________________(title, department, organization), and as such have knowledge of the matters set out herein; 2. That the work identified for the Project (above) funded through the above-mentioned Agreement ___________________ (has / has not) been Substantially Completed as described in Schedule C, dated ___________________ on the _______ day of ______ 20___. 3. That the value (dollar amount) of substantially completed work on the Project, by ______________, 20__ (date) is ___________________ (dollars). 4. That the work a. was carried out by ____________________________ (the prime contractor), between ___________________ (start date) and ___________________ (completion date); b. was supervised and inspected by qualified staff; c. conforms with the plans, specifications and other documentation for the work; and d. conforms with applicable environmental legislation, and appropriate mitigation measures have been implemented. AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the CANADA EVIDENCE ACT. Declared before me at the Of in the of this day of A.D. 20 (Deponent) A Commissioner etc. This declaration must be sworn before a commissioner for oaths, notary public or justice of the peace Page 354 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 41 of 44 SCHEDULE “G” continued PART G.5 – FINAL REPORT FINAL REPORT Final Reports are to be completed and submitted to MTO within sixty (60) Business Days of the Project Completion and no later than March 8 of fiscal year of Project Completion. Please contact your local Ministry of Transportation office should you have any questions filling in this report. Attach Payment certificate(s) (these may include unpaid holdbacks) and other third party invoices incurred for the Project. Where applicable, indicate any portion of the costs on such invoices which are Ineligible Costs as per section D.2 of Schedule “D”. Municipality Name: Project Name: Section 1. Project Details Dates Forecasted Actual Construction Start Date Construction End Date Project Variances (if applicable) Has your Project experienced any variances in scope, budget or schedule? Please describe and provide a rationale. Page 355 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 42 of 44 SCHEDULE “G” continued Section 2. Financial Information Budget Item Budgeted Cost Actual Cost Eligible Project Costs $ $ Less HST Rebate $ $ TOTAL NET ELIGIBLE COST $ $ Total Interest Earned on Funds $ For all invoices attached, please provide information in format below and attach to this report. Work Description Invoice # Invoice Date Invoice Period Vendor Total Amount (A) HST HST Rebated (B) Net Eligible Cost (A-B) From To TOTAL $ Page 356 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 43 of 44 SCHEDULE “G” continued Section 3. Project Outcomes and Benefits 1. What were the objectives of your Project? (Select any that apply) ☐ Address safety related issues ☐ Extend service life ☐ Improve pavement condition ☐ Improve drainage (cross-fall, curb and gutter, storm sewer, etc.) ☐ Improve underground infrastructure (watermain, sanitary sewer, utilities, etc.) ☐ Other (describe below) 2. Describe how the work completed achieves these objectives. Please include quantitative information where possible e.g., extended service life in terms of additional years, improvement in road condition rating, lane-km in good condition, etc. If required, you may attach information on separate page and attach to this report. 3. Describe any economic or other benefits of the project for your community. If required, you may attach information on separate page and attach to this report. 4. Please confirm that your connecting link and project improvements will be included in your asset management plan and when the updated plan will be available. ☐ Yes, I confirm that our connecting link and the project improvements will be included in my municipality’s updated asset management plan. I expect our updated plan will be completed and publically posted by: [Month] [Year] 20 Page 357 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 44 of 44 SCHEDULE “G” continued Section 4. Aboriginal Duty to Consult Please provide particulars as to how the requirements have been met under Section 11 and Schedule “E” of the Agreement. Please indicate: Declaration required for the Project: There have been communications from Aboriginal Groups and/or items of cultural significance to Aboriginal Groups were located with respect to this Project. ☐ Yes ☐No If you responded “Yes” to the above, please complete the following: Declaration required for Project with additional Duty to Consult requirements, as identified by Ontario Notice about this Project, as well as a full Project description, was provided to identified Aboriginal Groups making them aware of the opportunity to provide comments about the Project and its potential impacts ☐ Yes ☐No A copy of any correspondence/information between the Recipient and any Aboriginal Groups was forwarded to the Province of Ontario. ☐ Yes ☐No The Province of Ontario was made aware of any issue(s) identified by any Aboriginal Groups ☐ Yes ☐No Section 5. Confidentiality, Certification and Signature Confidentiality Information submitted in this Final Report to Ontario will be subject to the Freedom of Information and Protection of Privacy Act. Any information submitted in confidence should be clearly marked “CONFIDENTIAL” by the Recipient. Inquiries about confidentiality should be directed to the Rural Programs Branch. Certification I certify that: 1. The Project as described in the Agreement has been completed; 2. The Recipient is in compliance with all of the terms and conditions of the Agreement for the Project; 3. Any interest earned (as noted in Section 2) has been used for Eligible Costs associated with the Project or has been or will be remitted to the Ministry; and 4. There have been no overpayments by Ontario or any other organization or government in relation to the Project. The official noted below warrants that these statements are true as of the date indicated. NAME OF AUTHORIZED OFFICIAL: TITLE: DATE: Page 358 of 611 Report Title Rogers Utility Lease Amending and Extension Agreement Renewal Report No. OPS 19-38 Author Kevin De Leebeeck, P.Eng. Director of Operations Meeting Type Council Meeting Council Date August 12, 2019 Attachments  Rogers Lease Amending and Extension Agreement Page 1 / 3 RECOMMENDATION THAT Council receive Report OPS 19-38 Rogers Utility Lease Amending and Extension Agreement Renewal; AND FURTHER THAT a By-law to execute the Lease Amending and Extension Agreement with Rogers Communications Inc. be brought forward for Council consideration. SUMMARY The Town and Rogers Wireless Inc., entered into a Telecommunications Site Agreement and Co-Location Agreement in 2004 for a small area at 10 Lisgar Avenue. The Agreements allowed Rogers (the Tenant) to construct a telecommunications tower on the site and for the Town (the Landlord) to install and operate equipment on the lower portion of the tower. The Town does not pay fees for the tower use, but is responsible for power consumption of Town equipment on the tower. The terms of the original agreement were a five (5) year period, with annual rent of $7,500/yr. The original agreement had a provision for 3 additional 5 year extensions. The Town entered into a Lease Amending & Extension Agreement with Rogers in 2009 at the expiration of the previous agreement term on August 31, 2009, which constituted the first 5-year extension. The agreement was amended to address a corporate amalgamation to Rogers Communications Inc., inclusion of an option for a fourth 5-year extension, as well as to renew the terms of the lease for the next five (5) years at the same annual rental rate of $7,500/yr. In 2015 the Town entered into the second 5-year extension in accordance with the original agreement. The agreement was amended to increase the annual rental rate to $8,250/yr and to limit the Landlord from assigning or transferring the lease independently from the remainder of the Property. The Tenant has now applied to renew the agreement for another 5-year term expiring in 2024. This constitutes the third 5-year extension in accordance with the original agreement. The terms of the previous Telecommunications Site, Co-Location and Lease Amending & Extension Agreements are still all applicable, with two exceptions: an increased annual rental rate of $9,075/yr and the inclusion of an option for a fifth 5-year extension that would commence on September 1, 2029 and expires in 2034, unless the Tenant provides notice not to exercise such option. Page 359 of 611 Page 2 / 3 CONSULTATION/COMMUNICATION The Director of Operations has connected directly with the Rogers Real Estate Analyst regarding this project file. FUNDING IMPACT/ FUNDING SOURCE The new rental rate would result in an annual increase of $825 from the terms of the previous lease extension agreement. These lease funds will continue to be allocated to the Customer Service Centre building operating budget. COMMUNITY STRATEGIC PLAN (CSP) This initiative supports Objective 1 – Excellence in Local Government of the Community Strategic Plan. Page 360 of 611 Page 3 / 3 Report Approval Details Document Title: OPS 19-38 Rogers Utility Lease Amending and Extension Agreement Renewal.docx Attachments: - OPS 19-38 Attachment 1 - Rogers Lease Amending and Extenstion Agreement.pdf Final Approval Date: Aug 6, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Aug 1, 2019 - 1:32 PM David Calder - Aug 1, 2019 - 1:42 PM Donna Wilson - Aug 6, 2019 - 9:29 AM Page 361 of 611 Page 362 of 611 Page 363 of 611 Report Title Airport Hanger Land Lease Taxiway G3 Lot 1 & 2 Report No. OPS 19-39 Author Dan Locke, C.E.T., Manager of Public Works Meeting Type Council Meeting Council Date August 12, 2019 Attachments  Taxiway G3 Lot 1 & 2 Site Servicing & Grading Plan  Taxiway G3 Lot 1 & 2 Land Lease Agreement Page 1 / 3 RECOMMENDATION THAT Council receive Report OPS 19-39 Airport Hanger Land Lease Agreement Taxiway G3 Lot 3; AND THAT a By-law to execute the Airport Hanger Land Lease Agreement with Dan Springer be brought forward for Council consideration. SUMMARY On May 21st 2019 Mr. Springer of Aviation Maintenance Limited applied to construct a new 60ft x 60ft hangar with two side sections of 15ft x 50ft each for a total of 5,100 sq. ft. at the Tillsonburg Regional Airport along the recently approved, yet to be constructed, northerly extension of Taxiway G3. Staff have reviewed and worked with the applicant to ensure the proposed hangar does not negatively impact future development plans and recommend that Council enter into the attached Airport Hanger Land Lease Agreement for Taxiway G3 Lot 1 & 2 with Dan Springer to permit the construction of a 5,100 sq. ft. hangar for a twenty (20) year and five month term, expiring on January 1, 2040. The construction of new hangars increases Airport revenue through both the land lease rental fee and the potential for additional fuel sales, supporting the Corporations goal of decreasing the net levy requirement to support Airport operations. CONSULTATION/COMMUNICATION The Tillsonburg Airport Advisory Committee indicated at their February 21st 2019 meeting that the priority was to do all that is necessary to build hangars this year. The Committee has reviewed several options and conceptual plans and accepted the conceptual plan for development along the northerly extension of Taxiway G3 at their April 18th 2019 meeting with the understanding that adjustments may be required to meet individual applicant needs. Engineering Services has generated a Site Servicing & Grading Plan for Taxiway G3 Lot 1 & 2. The Airport Hangar Land Lease Agreement has recently been revised by staff and the Town’s Solicitor to reflect the recommendations contained within Report OPS 19-01 Airport Building Permits. Page 364 of 611 Page 2 / 3 FUNDING IMPACT/ FUNDING SOURCE In accordance with the 2019 Rates & Fees By-law the annual land lease revenue is calculated at a rate of $0.29 per sq. ft. Based on a 5,100 sq. ft. hangar the additional annual operating revenue is $1,479 plus HST. In addition to all construction and final site grading costs, the Tenant is also responsible for all other site servicing costs (i.e. electrical servicing, telecommunications, etc.) as well as the associated Property Taxes and a one-time Airport Infrastructure Fee of $525 as per the 2019 Rates & Fees By-law. COMMUNITY STRATEGIC PLAN (CSP) IMPACT The development and construction of new hangars at the Airport supports Objective 2 – Economic Sustainability of the Community Strategic Plan by providing additional revenue and the opportunity to support local businesses. Page 365 of 611 Page 3 / 3 Report Approval Details Document Title: OPS 19-39 Airport Hanger Land Lease Taxiway G3 Lot 1 and 2.docx Attachments: - OPS 19-39 Attachment 1 - Taxiway G3 Lot 1 and 2 Site Servicing and Grading Plan.pdf - OPS 19-39 Attachment 2 - Taxiway G3 Lot 1 and 2 Land Lease Agreement.pdf Final Approval Date: Aug 6, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Aug 1, 2019 - 12:22 PM David Calder - Aug 1, 2019 - 1:38 PM Donna Wilson - Aug 6, 2019 - 9:28 AM Page 366 of 611 0 5 10 1:250 3 (m)NCONSTRUCTION NORTHThe Corporation of the Town of Tillsonburg Operations Services Engineering Department 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 Tel: (519) 688-3009 www.tillsonburg.ca Page 367 of 611 Page 368 of 611 Page 369 of 611 Page 370 of 611 Page 371 of 611 Page 372 of 611 Page 373 of 611 Page 374 of 611 Page 375 of 611 Page 376 of 611 Page 377 of 611 Page 378 of 611 Page 379 of 611 Page 380 of 611 Page 381 of 611 Page 382 of 611 Page 383 of 611 Report Title Airport Hangar Land Lease Amendment Taxiway G3 Lot 3 Report No. OPS 19- 40 Author Dan Locke, C.E.T., Manager of Public Works Meeting Type Council Meeting Council Date August 12, 2019 Attachments  Taxiway G3 Lot 3 Grading & Site Servicing Plan  Taxiway G3 Lot 3 Land Lease Amendment Page 1 / 2 RECOMMENDATION THAT Council receive Report OPS 19-40 Airport Hangar Land Lease Amendment Taxiway G3 Lot 3; AND THAT Council authorize the Airport Hangar Land Lease Amendment with #1474528 Ontario Inc. / Dave Hewitt. SUMMARY Council approved a Hangar Land Lease Agreement for Lot 3 on Taxiway G3 with #1474528 Ontario Inc. / Dave Hewitt at their May 27th 2019 Council meeting for the construction of a 60ft x 60ft hangar (3,600 sq. ft.) at the Tillsonburg Regional Airport. Mr. Hewitt has now requested to amend his lease agreement to add an additional 750 sq. ft. of enclosed hangar floor area. Staff have reviewed this request for conformance with the existing conceptual plan accepted by the Tillsonburg Airport Advisory Committee and are in support of the additional square footage being added to the lease agreement. FUNDING IMPACT/ FUNDING SOURCE In accordance with the 2019 Rates & Fees By-law land lease revenue is calculated at a rate of $0.29 per sq. ft. With the additional 750 sq. ft. to the original 3,600 sq. ft. the annual operating revenue would be $1,261.50 plus HST, an increase of $217.50. In addition to all construction and final site grading costs, the Tenant is also responsible for all other site servicing costs (i.e. electrical servicing, telecommunications, etc.) as well as the associated Property Taxes and a one-time Airport Infrastructure Fee of $525 as per the 2019 Rates & Fees By-law. COMMUNITY STRATEGIC PLAN (CSP) IMPACT The development and construction of new hangars at the Airport supports Objective 2 – Economic Sustainability of the Community Strategic Plan by providing additional revenue and the opportunity to support local businesses Page 384 of 611 Page 2 / 2 Report Approval Details Document Title: OPS 19-40 Airport Hanger Land Lease Amendment Taxiway G3 Lot 3.docx Attachments: - OPS 19-40 Attachment 1 - Taxiway G3 Lot 3 Site Servicing and Grading Plan.pdf - OPS 19-40 Attachment 2 - Land Lease Amendment.pdf Final Approval Date: Aug 6, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Aug 1, 2019 - 12:19 PM David Calder - Aug 1, 2019 - 1:35 PM Donna Wilson - Aug 6, 2019 - 9:28 AM Page 385 of 611 EX. HINKS HANGAR EX. FFE=271.15 EX. TAXIWAY G3 EX. HYDRO TRANSFORMER LOCATIONEX. U/G HYDRO271.0 0 270.8 0 270.9 0 EX. ASPHALT APRON ASPHALT 0 5 10 1:250 3 (m)NCONSTRUCTION NORTHThe Corporation of the Town of Tillsonburg Operations Services Engineering Department 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 Tel: (519) 688-3009 www.tillsonburg.ca Page 386 of 611 Page 387 of 611 Report Title Awarding RFT 2019-005 – Auditory Upgrades Report No. RCP 19-29 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date August 12, 2019 Attachments Page 1 / 3 Awarding RFT 2019-005 – Auditory Upgrades RECOMMENDATION THAT Council receives Report RCP 19-29 – Awarding RFT 2019-005 - Auditory Upgrades; AND THAT Council award RFT 2019-005 to Dynamix London Inc. at a cost not to exceed their adjusted bid price of $48,692 before taxes. EXECUTIVE SUMMARY An Enabling Accessibility Fund grant was successfully obtained to implement auditory accessibility upgrades in the Council Chambers, Lions Auditorium, Senior Centre Auditorium and the Museum Program Room. RFT 2019-005 was issued and three submissions were received. This report recommends awarding the project to Dynamix London Inc. for $48,692 before taxes based on their bid submission. BACKGROUND The approved 2019 business plan for the Recreation, Culture & Parks Department included the Auditory Accessibilty Upgrades project at several Town sites. RFT2019-005 was issued to secure contractors to provide the equipment and installation. The tender closed and three qualified bids were received as outlined in the table below. Bids were scored using a weighted matrix based on pricing as the most important factor, along with the secondary factors of the recommended solution and references from similar projects. Staff recommends awarding the project to Dynamix London Inc. for their adjusted bid price of $48,692 before taxes as the highest scoring qualified bid submission. Vendor Bid Submission Adjusted Bid Audio Video Lighting Integration Inc. $45,350 $41,016 Dynamix London Inc. $56, 889 $48,692 Horizon Solutions (a division of Applica Solutions Inc) $99,205 N/A Page 388 of 611 Page 2 / 3 Awarding RFT 2019-005 – Auditory Upgrades The work awarded under this tender will install electronic equipment in each of the four locations. An additional component of the project included in the Enabling Accessibility Fund grant is to install wall and ceiling treatments in the Lions Auditorium to improve the room’s acoustic architecture. This component of the work requires a review by a structural engineer to ensure the acoustic panels will not negatively impact the structure of the roof before implementation. Once that review is complete, staff will procure the installation of the panels. CONSULTATION/COMMUNICATION Staff consulted with the Town’s Accessibility Advisory Committee and with other municipal sites that have implemented similar projects. Staff also consulted with an acoustic engineer to review the architectural treatments recommended by the vendors. None of the treatments recommended by the vendors were supported by the review, but a preferred solution with options was provided by the engineer. Further review by a structural engineer is pending. FINANCIAL IMPACT/FUNDING SOURCE The approved budget for this project is $75,000 which is partially funded by an Enabling Accessibility Fund Grant from the Government of Canada for $48,800, with the remaining $26,200 funded from the taxation supported capital budget. COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☐ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☒ Support the aging population and an active senior citizenship 4. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☒ Provide a variety of leisure and cultural opportunities to suit all interests ☒ Improve mobility and promote environmentally sustainable living Page 389 of 611 Page 3 / 3 Awarding RFT 2019-005 – Auditory Upgrades Report Approval Details Document Title: RCP 19-29 - Awarding RFT2019-005 - Auditory Upgrades.docx Attachments: Final Approval Date: Aug 7, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Aug 6, 2019 - 10:08 AM David Calder - Aug 7, 2019 - 2:17 PM Donna Wilson - Aug 7, 2019 - 3:24 PM Page 390 of 611 Report Title Terms of Reference for Tillsonburg Dog Park Advisory Committee Report No. RCP 19-30 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date August 12, 2019 Attachments Draft TDPAC Terms of Reference Page 1 / 3 Terms of Reference for Tillsonburg Dog Park Advisory Committee RECOMMENDATION THAT Council receives Report RCP 19-30 – Terms of Reference for Tillsonburg Dog Park Advisory Committee; AND THAT Council establishes the Tillsonburg Dog Park Advisory Committee and directs staff to initiate the advertising and appointment process. EXECUTIVE SUMMARY Council directed staff to provide Terms of Reference for the Tillsonburg Dog Park Advisory Committee. BACKGROUND At their meeting on June 24, 2019, Council passed the following resolution: Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT a Dog Park Advisory Committee be formed; AND THAT Staff provide a terms of reference for a dog park committee at the August council meeting for Council's consideration. Staff have prepared the attached draft terms of reference for Council consideration. FINANCIAL IMPACT/FUNDING SOURCE N/A COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☐ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability Page 391 of 611 Page 2 / 3 Terms of Reference for Tillsonburg Dog Park Advisory Committee 2. Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☐ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3. Demographic Balance ☒ Make Tillsonburg an attractive place to live for youth and young professionals ☐ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 4. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☒ Provide a variety of leisure and cultural opportunities to suit all interests ☐ Improve mobility and promote environmentally sustainable living Page 392 of 611 Page 3 / 3 Terms of Reference for Tillsonburg Dog Park Advisory Committee Report Approval Details Document Title: RCP 19-30 - Terms of Reference for Tillsonburg Dog Owners Advisory Committee.docx Attachments: - RCP 19-30 - ATT 01 - TOR - Tillsonburg Dog Park Advisory Committee.DRAFT.docx Final Approval Date: Aug 6, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Aug 6, 2019 - 2:48 PM Page 393 of 611 Tillsonburg Dog Park Advisory Committee Terms of Reference - DRAFT Mandate: The objective of the Tillsonburg Dog Park Advisory Committee (TDPAC) is to oversee and advise Town Council on the governance of the Dave Johnson Memorial Dog Park with representation from all affected groups in the community. 1.0. Role of the Community Dog Park Advisory Committee 1.1. To advise Council on matters related to operations of the Dog Park. 1.2. To provide a forum for stakeholders to discuss items or concerns of mutual interest relating to the Dog Park. 1.3. Advise and assist on future improvements to enhance the Dog Park 1.4. To advise Council with regard to development of future Off-Leash areas in Tillsonburg. 1.5. Liaise with other organizations and committees to promote responsible use of the Dog Park. 1.6. To advise Council with regard to the Community Strategic Plan. 1.7. To liaise with Memorial Park Revitalization Advisory Committee on overlapping roles and responsibilities. 2.0. Organization of the Committee The Committee should be comprised of representatives of the community organizations and individuals advocating for responsible dog ownership and wellbeing of dogs. The Committee should also be comprised of a council representative and a nonvoting Town of Tillsonburg staff representative. The term of a Committee Member is a four (4) year term. 2.1. Town Council will appoint members to the Dog Park Advisory Committee. 2.2. Additional members may be appointed throughout the term. 2.3. There will be a minimum of 7 members and a maximum of 9 members. 2.4. One member will be appointed by vote of the committee at the first meeting to chair the meetings for that term. The committee will also, at this time, select a vice-chair and secretary for the same duration. 2.5. Municipal staff shall interact in an advisory manner to the committee and the role of staff liaison shall be fulfilled by the Manager of Parks & Facilities or designated alternative. 3.0. Meetings 3.1. The Committee will hold a minimum of four meetings per year. 3.2. Meetings will have a formal agenda and adhere to the Town of Tillsonburg Procedural By-law. 3.3. Agendas and information packages, that will include the minutes from the previous meeting, will be sent (via mail, e-mail,) to TDPAC Members prior to each meeting. Page 394 of 611 3.4. A majority of the Committee Members will constitute quorum for the transaction of business. 4.0. Role of the Chair The Chair is responsible for insuring the smooth and effective operation of the Committee and its roles. This will include responsibility for: 4.1. Calling the meetings to order. 4.2. The Chair is encouraged to create an informal atmosphere to encourage the exchange of ideas such as, using a roundtable format. 4.3. Creating an agenda in consultation with secretary. 4.4. Chairing the meetings to ensure business is carried out efficiently and effectively. 4.5. Acting as spokesperson. 4.6. Representing the Committee on other committees when necessary. 4.7. The Chair shall conduct meetings in accordance with the Town's Procedural By-law. 4.8. In the absence of the Chair, these responsibilities will be undertaken by a Vice-Chair. 5.0. Role of the Secretary The Secretary is responsible for ensuring a complete up to date record for the Dog Park Advisory Committee. 5.1. In liaison with the Chair, arrange date, time and venue for meetings. 5.2. In liaison with the Chair, set agendas and circulate to the members two business days prior to the meeting. 5.3. Circulate draft minutes to the members. 5.4. Keep a complete up to date record of the committee minutes. 6.0. Role of Members Membership on the Committee is a position of responsibility and requires a strong commitment to the Terms of Reference. Committee members are required to: 6.1. Attend all regular scheduled meetings. Members are required to notify the Chair, Secretary or the designated municipal staff liaison if they are unable to attend a meeting. 6.2. Review all information supplied to them. 6.3. Prepare information for use in the development of materials for the Committee. 6.4. Promote the role of the Committee. 6.5. Offer input to committee reports to Council. 6.6. Attend training as required to effectively perform their role as a committee member. 6.7. Committee Members are subject to The Municipal Conflict of Interest Act R.S.O, 1990, c.M50 and must disclose any direct or indirect pecuniary interest. The disclosure must be recorded in the minutes of the meeting. Page 395 of 611 7.0. Role of Municipal Staff The Town of Tillsonburg, by its nature and purpose, affects and is affected by many different Municipal departments. Assistance will be provided on an as required basis from various departments. Municipal staff will be responsible for carrying out the following functions with respect to the Committee: 7.1. Acting as an information resource. 7.2. Orientation of Committee members at the first meeting after Council appointment. 7.3. Assist the Committee in its’ reporting to Council. 7.4. Provide correspondence to the Committee. 8.0. Reports to Council The Committee may advise and make recommendations to Council in accordance with its role. Reports may be submitted as follows: 8.1. Verbally by a Council representative. 8.2. Written Report from the staff liaison and presented by the Chair or the designated representative. An annual report will also be submitted to Council at the beginning of each new year outlining the Committee's accomplishments in the previous twelve months. Page 396 of 611 Report Title Awarding RFT 2019-014 – Station Arts Life and Fire Safety Upgrades Report No. RCP 19-31 Author Rick Cox, Director of Recreation, Culture & Parks Meeting Type Council Meeting Council Date August 12, 2019 Attachments Page 1 / 3 Awarding RFT 2019-014 – Station Arts Life and Fire Safety Upgrades RECOMMENDATION THAT Council receives Report RCP 19-31 – Awarding RFT 2019-014 – Station Arts Life and Fire Safety Upgrades; AND THAT Council award RFT 2019-014 to PK Construction Inc. for $ 164,103.03 before taxes; AND THAT Council approves bringing forward the roof shingle replacement for the Station Arts Centre from a 2020 project to a 2019 project. EXECUTIVE SUMMARY The Tillsonburg Station Arts Centre requires renovations to meet the requirements of an Unsafe Building Order issued by the Chief Building Official. This report recommends awarding the project to PK Construction Inc. for $164,103.03 before taxes based on their bid submission. BACKGROUND An Unsafe Building Order was issued against the Tillsonburg Station Arts Centre in October, 2018. Council provided budget approval in February 2019 for the design and implementation of the required solution. The required design specifications were prepared by a+LiNK Archictects and RFT2019-014 was issued to secure a contractor for implementing the project. The tender closed and one qualified bid was received. Staff recommends awarding the project to PK Construction Inc. for their bid price of $164,103.03 before taxes. The project was not able to be designed, tendered & constructed according to the preferred timeline of completion prior to July 1, 2019. Work is scheduled to begin in late September and be completed by mid-December. The shingle replacement for thee Station Arts Centre was scheduled for 2019 but was deferred by Council during the 2019 Budget process, with the final approved budget including $80,000 contributed to reserves towards an anticipated $80,000 cost to replace the shingles in 2020. During the last 2 months the shingles have failed resulting in leaks inside the building and must be replaced sooner than 2020. Staff recommends that the project be brought forward to 2019 and immediate procurement of the work be undertaken so that the shingles can be replaced as soon as possible. Page 397 of 611 Page 2 / 3 Awarding RFT 2019-014 – Station Arts Life and Fire Safety Upgrades CONSULTATION/COMMUNICATION Staff consulted with the Tillsonburg District Craft Guild, the Chief Building Official, and a+LiNK Architects throughout the design phase of the project. Additional consultation with CJDL Consulting Engineers took place regarding the civil engineering components of the project. FINANCIAL IMPACT/FUNDING SOURCE The approved budget for the fire & life systems project is $190,100 funded from the Asset Management Reserve. The tendered work is within the approved budget. The 2019 budget includes an $80,000 contribution to reserves towards an anticipated $80,000 cost for replacing the shingles, but the project was deferred to 2020. If Council approves moving forward with the shingle replacement, it is recommended that the whole project be funded from the asset management reserve. COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1.Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2.Economic Sustainability ☐ Support new and existing businesses and provide a variety of employment opportunities ☒ Provide diverse retail services in the downtown core ☐ Provide appropriate education and training opportunities in line with Tillsonburg’s economy 3.Demographic Balance ☒ Make Tillsonburg an attractive place to live for youth and young professionals ☒ Provide opportunities for families to thrive ☒ Support the aging population and an active senior citizenship 4.Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☒ Provide a variety of leisure and cultural opportunities to suit all interests ☒ Improve mobility and promote environmentally sustainable living Page 398 of 611 Page 3 / 3 Awarding RFT 2019-014 – Station Arts Life and Fire Safety Upgrades Report Approval Details Document Title: RCP 19-31 - Awarding RFT2019-014 - Station Arts Life and Fire Safety Upgrades.docx Attachments: Final Approval Date: Aug 7, 2019 This report and all of its attachments were approved and signed as outlined below: Dave Rushton - Aug 7, 2019 - 8:40 AM David Calder - Aug 7, 2019 - 8:52 AM Donna Wilson - Aug 7, 2019 - 9:03 AM Page 399 of 611 Report Title Summer Place Alternative Service Agreement Report No. RCP 19-34 Author Rick Cox Meeting Type Council Meeting Council Date August 12, 2019 Attachments Lease Agreement for Summer Place Page 1 / 3 Summer Place Alternative Service Agreement RECOMMENDATION THAT Council receives Report RCP 19-34 Alternative Service Agreement; AND THAT a By-Law to authorize the 10-year Lease Agreement with E & E McLaughlin Ltd. for Summer Place be brought forward for Council consideration. EXECUTIVE SUMMARY At their meeting on June 24, 2019, Council authorized staff to enter negotiations for an alternative service delivery agreement for Summer Place. The attached lease agreement is the result of those negotiations. Staff recommends that Council enter into a 10-year lease agreement with E&E McLaughlin Ltd. for them to operate Summer Place as a not-for-profit community facility. BACKGROUND Staff has negotiated the attached lease with E&E McLaughlin Ltd. for the company to lease & operate the Summer Place facility for an initial 10-year period, with two (2) mutually agreeable 5- year extensions. There is an exit clause based on 1-year notice. The lease allows the facility to continue to be used as it has in the past, with the overall restoration and renovation cost being taken on by the alternative service partner, E&E McLaughlin Ltd. E&E has committed that the facility will be operated with the community benefit in mind and any revenues generated by rent of the facility will be used towards the cost of renovating and improving the building. The lease agreement has been reviewed by the Town’s legal advisors. Page 400 of 611 Page 2 / 3 Summer Place Alternative Service Agreement FINANCIAL IMPACT/FUNDING SOURCE The 2019 budget includes an allocation of $60,400 for demolition of Summer Place, part of which has been used for mould abatement and testing. The unused portion of that allocation (currently $53,633) would be provided to E&E McLaughlin towards the renovation costs of the facility. Operating costs for the building (utilities & property maintenance) will continue to be supported by the Town as part of the lease agreement. An annual rent of $5,000 for the use of the public washrooms and the upper level for summer camp programming will be incorporated into the RCP operational budgets for 2020-2029. COMMUNITY STRATEGIC PLAN (CSP) IMPACT 1. Excellence in Local Government ☒ Demonstrate strong leadership in Town initiatives ☐ Streamline communication and effectively collaborate within local government ☒ Demonstrate accountability 2. Demographic Balance ☒ Make Tillsonburg an attractive place to live for youth and young professionals ☒ Provide opportunities for families to thrive ☐ Support the aging population and an active senior citizenship 3. Culture and Community ☒ Promote Tillsonburg as a unique and welcoming community ☒ Provide a variety of leisure and cultural opportunities to suit all interests ☒ Improve mobility and promote environmentally sustainable living Page 401 of 611 Page 3 / 3 Summer Place Alternative Service Agreement Report Approval Details Document Title: RCP 19-34 - Summer Place Alternative Service Agreement.docx Attachments: - RCP 19-34 - ATT 01 - Summer Place llease agreement.pdf Final Approval Date: Aug 7, 2019 This report and all of its attachments were approved and signed as outlined below: David Calder - Aug 7, 2019 - 2:01 PM Page 402 of 611 Page 403 of 611 Page 404 of 611 Page 405 of 611 Page 406 of 611 Page 407 of 611 Page 408 of 611 = ATTENDANCE Euclid Benoit, David Brandon, Dan Cameron, Jeff Dean, Valerie Durston, Deb Gilvesy, Geoffrey Lee, John Prno, Mark Renaud Staff: Annette Murray, Dan Locke, Kevin De Leebeeck MEMBERS ABSENT/REGRETS Jeffrey Miller, Jeremy Stockmans 1. Call to Order The meeting was called to order at 5:30 p.m. Mark Renaud sat as the Chair and John Prno acted as Recording Secretary for the meeting. 2. Adoption of Agenda Resolution #1 Moved By: Dan Cameron Seconded By: Valerie Durston THAT the Agenda as prepared for the Airport Advisory Committee meeting of June 20, 2019, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof None Declared 4. Adoption of Minutes of Previous Meeting 4.1. Minutes of the Meeting of May 23, 2019 The Corporation of the Town of Tillsonburg TILLSONBURG AIRPORT ADVISORY COMMITTEE June 20, 2019 5:30 p.m. Tillsonburg Regional Airport Boardroom 244411 Airport Rd., South-West Oxford MINUTES Page 409 of 611 Tillsonburg Airport Advisory Committee Meeting Minutes, June 20, 2019 - 2 - Resolution #2 Moved By: Jeff Dean Seconded By: Dan Cameron THAT the Minutes of the Tillsonburg Airport Advisory Committee Meeting of May 23, 2019, be approved. Carried 5. Delegations and Presentations None 6. General Business & Reports 6.1. Business Arising 6.1.1 Funding Update Kevin De Leebeeck updated the Committee. The Taxiway rehabilitation project has been approved to be funded from future sales of Airport lands, while the Taxiway G3 Extension is also approved as per the 2019 Business Plan. 6.1.2 Airside Access Dan Locke updated the Committee on the temporary measures to minimize airside vehicle traffic through strategically placed concrete barriers, improved signage and directing tenant traffic through the two main gates to minimize movement across the main apron. It was agreed that the main safety problem was with trespassers rather than tenants. Long-term, solutions such as card-access, security cameras and fencing are under consideration. Discussion ensued about long-term roadway access to hangars for airport tenants. The general consensus was that staff should create concepts that are most economical for providing taxiways but also provide potential provision for groundside vehicle access. Valerie Durston will check with South-West Oxford regarding potential access points from Airport Rd. 6.2. Development Update Dan Locke reported on new hangar applications. There have been 2 - 60’X60’ hangars approved by Council that are moving forward. Two more are going to Council for Page 410 of 611 Tillsonburg Airport Advisory Committee Meeting Minutes, June 20, 2019 - 3 - approval on June 24th. Of these four, three will be located on G1 and one on G3. Staff are also in talks with another individual about a further hangar on G3. 6.3 Charter Plane Event Chair Renaud reported on a potential one day special event he is working on, that would have a chartered Q400 aircraft from either Porter or Air Canada at the Airport. The concept is to promote the capabilities of the airport through one or more one-hour sightseeing flights (depending on ticket demand), and potentially lead to sports event and other charter flights originating from the Airport. The Committee was extremely supportive of the concept. 6.4 Airport Image and Marketing A general discussion took place about marketing the Airport. The Airport’s Image and Marketing possibilities will form the basis of a future meeting. In the meantime, Committee members were asked to give thought to such questions as: o What do we want the Airport to be? o How can we be different? o What do we want our image to be? o How do we get the word out about the Airport? o What role could a larger Flight School play? As part of the work, the Committee felt that all aspects of revenue generation should be reviewed with a goal of maximizing airport-related revenues for the Town of Tillsonburg. 6.5 Tenant Information Session Discussion took place about the proposed Tenant Information Session. It was agreed to defer the session until September for planning purposes, and that that discussion topics should include the following: o Findings from the walk-through o Airside access control plans o Operations guidelines o Hydro update o Fuel pricing and availability o Development update o 7. Correspondence None Page 411 of 611 Tillsonburg Airport Advisory Committee Meeting Minutes, June 20, 2019 - 4 - 8. Other Business None 9. Closed Session None 10. Next Meeting The next meeting of the Airport Advisory Committee will be on July 18, 2019 at 5:30 p.m. 11. Adjournment Resolution #3 Moved By: Dan Cameron Seconded By: Geoffrey Lee THAT the Airport Advisory Committee Meeting of June 20, 2019 be adjourned at 7:30 p.m. Page 412 of 611 = ATTENDANCE: Mayor Stephen Molnar Councillor Penny Esseltine Andrew Gilvesy, Chair Jesse Goossens (Arrived at 12:26pm) Rick Strouth John Veldman David Calder, CAO Dave Rushton, Director of Finance/Treasurer Cephas Panschow, Development Commissioner Laurie Kirwin, Purchasing Coordinator Lana White, Executive Assistant/Deputy Clerk 1. Call to Order The meeting was called to order at 12:15pm. 2. Adoption of Agenda Moved by R.Strouth Seconded by J.Veldman THAT the Town Hall Project Steering Committee Agenda dated June 24, 2019 be approved. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof None 4. Adoption of Minutes – November 5, 2018 Moved by R.Strouth Seconded by Councillor Esseltine THAT the Town Hall Project Steering Committee Minutes dated November 5, 2018 be approved. Carried The Corporation of the Town of Tillsonburg TOWN HALL PROJECT COMMITTEE June 24, 2019 12:00 noon Council Chambers 200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7 MINUTES Page 413 of 611 Town Hall Project Steering Committee Agenda – June 24, 2019 - 2 - 5. New Business a) Elections Andrew Gilvesy advised that he would be resigning from the position of Chair, but that he would like to remain a member of the Town Hall Project Steering Committee. The resignation was accepted. Rick Strouth nominated John Veldman for the position of Chair of the Town Hall Project Steering Committee. John Veldman accepted the nomination. There were no further nominations. Moved by R.Strouth Seconded by Mayor Molnar THAT John Veldman be appointed to the position of Chair of the Town Hall Project Steering Committee. Carried Mayor Molnar nominated Rick Strouth for the position of Vice-Chair of the Town Hall Project Steering Committee. Rick Strouth accepted the nomination. There were no further nominations. Moved by Mayor Molnar Seconded by Andrew Gilvesy THAT Rick Strouth be appointed to the position of Vice-Chair of the Town Hall Project Steering Committee. Carried b) Tour of Administration Buildings i) Notes from Tour C.Panschow reviewed his notes as attached to the Agenda. ii) Additional Tours The three buildings toured were very useful. Examples of the architect’s work for each proponent would be beneficial. Additional tours to be scheduled at a later time. Page 414 of 611 Town Hall Project Steering Committee Agenda – June 24, 2019 - 3 - In regards to the regional review, the Committee is committed to finishing what it started, and fulfilling its mandate. Recognizing there may be significant changes, the Committee will proceed and make its recommendation to Council. c) Proposal Review and Evaluations i) Proposals - previously circulated ii) Proposal Evaluation and Scoring Documents Discussion was held regarding evaluation and scoring. Selection will be based on the highest point average following interviews and discussions. The Proposal Evaluation Worksheet to be used to rate the proposals provided and updated following the proponent interviews. It was noted that it is unfortunate that Additional Rent was included in the pricing scoring formula as each proponent included different items in the pricing, which makes it more challenging to compare. There are also slight differences with respect to the square footage. Opportunity was given for each Committee member to comment on all three proposals. Further questions to be asked include: - Why did each proponent include difference items in the Additional Rent? - Where is the additional space for lease (D) - Where is the public access? (S) iii) Compliancy C.Panschow and L.Kirwin reviewed the proposals in terms of compliancy. While there are slight differences in the information provided, there is nothing that would restrict any of them from being considered. Moved by A.Gilvesy Seconded by R.Strouth THAT the Town Hall Steering Committee accepts the staff recommendation that the three proposals have been deemed compliant, and the Committee accepts the proposals for consideration. Carried Page 415 of 611 Town Hall Project Steering Committee Agenda – June 24, 2019 - 4 - iv) Financial Scoring Matrix Financial score to be inserted by staff based on formula. Committee members to provide their scoring worksheet to C. Panschow by July 2. d) Stipend Recommendations Discussion was held regarding stipends. Committee agreed that, based on the substantial work undertaken by all three proponents, they should each receive the stipend, especially because of the regional review and inability to make a final decision until that process is complete. This will be part of the recommendation made to Council. Payment will be held off until following interviews. 6. Next Meeting 6.1. Scheduling of Proponent Interviews Proponent interviews to be scheduled August 6-9. Public info sessions tentatively being planned for July??? Need to determine methodology and what requirements were included in the Request for Proposal document as well as the Town’s Public Engagement Policy. NEXT MEETING – July 8, 2019 @ 12:00noon, to discuss public consultation and proponent interviews. C.Panschow to compile scoring worksheets received and send out the aggregated scoring matrix to the Committee in advance of the next meeting. 7. Adjournment Moved by J.Goossens Seconded by R.Strouth THAT the June 24, 2019 Town Hall Project Steering Committee meeting be adjourned at 2:27pm. Page 416 of 611 = ATTENDANCE: Councillor Penny Esseltine Andrew Gilvesy Jesse Goossens Rick Strouth John Veldman, Chair Cephas Panschow, Development Commissioner Laurie Kirwin, Purchasing Coordinator Amelia Jaggard, Legislative Services Coordinator REGRETS: Mayor Stephen Molnar Dave Rushton, Director of Finance/Treasurer David Calder, CAO 1. Call to Order The meeting was called to order at 12:20 p.m. 2. Adoption of Agenda Proposed Resolution #1 Moved by: Penny Esseltine Seconded by: Jesse Goossens THAT the Town Hall Project Steering Committee Agenda dated July 8, 2019 be approved. Carried. 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Adoption of Minutes Proposed Resolution #2 Moved by: Rick Strouth Seconded by: Jesse Goossens THAT the Town Hall Project Steering Committee Minutes dated June 24, 2019 be approved. Carried. The Corporation of the Town of Tillsonburg TOWN HALL PROJECT COMMITTEE July 8, 2019 12:00 noon Council Chambers 200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7 MINUTES Page 417 of 611 Committee: Town Hall Project Steering Committee Date: July 8, 2019 - 2 - 5. New Business a) Proposal Review and Evaluations Development Commissioner provided an overview of the combined scoring matrices submitted by committee members. The three bids are close to each other so more analysis is required. One proposal indicated lower construction costs, but the lease rate is higher. There is a variation in per square foot cost between proposals. Need to investigate these differences further in order to ensure value to the tax payer. It was noted that the parking lot next to the building in this proposal would be an added advantage. The next step is to have staff schedule interviews with each of the proponents, who will be asked to present on the material contained in their proposals and in the main areas on which they are being evaluated. Additional questions to be asked: 1. Provide an explanation of per square foot price? How would minor (and major) changes be handled during negotiations and what would the impact be to the lease rate? Staff noted that requests for design changes would be handled as part of the negotiation stage. It was suggested that the question should be along the lines of what the process would look like to make changes happen and how would this be reflected in the costs. It was suggested that sharing a simplified cost breakdown per proposal would be a benefit to the public; provide current rent versus what the Town would be paying for the new building. Staff to set a date(s) for interviews with proponents. b) Public Engagement Process i) Town Public Engagement Policy At the last meeting, there was discussion regarding what the Town had communicated to the proponents with respect to sharing their information as part of the Public Information Sessions. Staff reviewed the RFP document and the schedule provided in that document would appear to take precedence with the Public Information Sessions shown as being scheduled after the Proponent Interviews. On the whole, staff’s opinion is that, while all the designs can be made public for the information sessions, the name of the preferred proponent will be released only after they are selected. This would mean that we would have to remove any identifying information from the designs prior to the sessions. Page 418 of 611 Committee: Town Hall Project Steering Committee Date: July 8, 2019 - 3 - Staff to ask the proponents if they want to remain anonymous or not. If they wish to stay anonymous they must provide new design documents without their logo prior to the public information sessions. Staff to compile financial information per proponent (square foot cost vs. annual cost vs. actuals) for use during the public engagement process. Based on the period for which the proposals are valid (120 days or until October 6, 2019), it was suggested that the public engagement sessions should be held in early September in order to allow for the information to be back to Council by the end of September. In addition to this, staff and Chair will prepare an update report to Council regarding the public consultation sessions at their August 12, 2019 meeting. In terms of the sessions, suggestions were to consider:  Using a room such as the Lion’s Den or the meeting room at the Library  Have feedback sheets for residents to submit  It was suggested to consider having a social event (wine and cheese) to start the public engagement process  Staff to promote the engagement sessions online and to invite the news, Town Advisory Committees, the Chamber of Commerce and the BIA.  Ensure that session information is made available online and through social media It was noted that Level 3 of the Town’s Public Engagement Policy appears to be the most appropriate and the public’s involvement in this committee is actually part of the engagement. 6. Next Meeting 6.1. Scheduling of Proponent Interviews (August 6 – 9) It was suggested to request that John Alley be invited to the proponent interviews. Each interview will be approximately two hours. There will be a 15 to 30 minute break in between interviews. The committee will have a summary session at the end of the day. Staff to see if the proponents would be available either Wednesday, August 14, 2019 or Thursday, August 15, 2019. Page 419 of 611 Committee: Town Hall Project Steering Committee Date: July 8, 2019 - 4 - 7. Adjournment Proposed Resolution #3 Moved by: Rick Strouth Seconded by: Andrew Gilvesy THAT the July 8, 2019 Town Hall Project Steering Committee meeting be adjourned at 1:19 pm. Carried. Page 420 of 611 The Corporation of the Town of Tillsonburg Parks, Beautification and Cemetery Advisory Committee July 4, 2019 9:00 a.m. Suite 203, 200 Broadway, 2nd Floor MINUTES Present: Paul DeCloet, Bob Marsden, Christine Nagy, Donna Scanlan, Maurice Verhoeve, Marian Smith, Sue Saelens, Penny Esseltine & Mike Dean Absent with Regrets: Ken Butcher & Paul Wareing Also Present: Corey Hill 1. Call to Order The meeting was called to order at 9:02 a.m. 2. Adoption of Agenda Resolution #1 Moved by: Bob Marsden Seconded by: Penny Esseltine THAT the Agenda as prepared for the Parks, Beautification and Cemetery Advisory Committee meeting of July 4, 2019, be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Adoption of Minutes of Previous Meeting Resolution #2 Moved by: Marian Smith Seconded by: Sue Saelens THAT the Parks, Beautification and Cemetery Advisory Committee Meeting Minutes of June 6, 2019, be approved. Carried 5. Presentations/Deputations None 6. General Business & Reports 6.1. Cemetery – By-law Violation – Corey Hill Corey Hill, Committee Staff Liaison, provided that on June 11, 2019, Cemetery staff observed a wooden pergola that had been constructed within the Cemetery. The pergola was built over the Lonsbary family monument without prior communication and/or approval from the Town. This issue was reviewed within the Recreation, Culture & Parks Leadership team. On June 12, 2019, Corey Hill, Manager of Parks & Facilities, Page 421 of 611 Committee: Parks, Beautification and Cemetery Advisory Committee Page - 2 - of 3 Date: July 4, 2019 spoke with Les Lonsbary about the pergola. Mr.Lonsbary acknowledged that he built the structure and that he did not seek prior permission and/or approval from the Cemetery Office or any Town Staff. Staff explained that the pergola was deemed to be “not in keeping with the respect and dignity” of the Cemetery as per Cemetery By-Law #3640, section “F” and as such, requested Mr. Lonsbary to remove the structure. Mr.Lonsbary replied that he would not be removing the pergola and requested the process to challenge the By-Law interpretation. Staff explained that the By-Law permitted Town Staff to remove the structure right away, however given the sensitivity of the location Staff would leave the pergola in place until this matter had been more formally addressed. Committee members discussed concerns including wanting a consistent look to the Cemetery, that wooden structures and memorial/monuments are not permitted as per the By-Law, that there was no advanced permission and/or approval obtained prior to building the structure, that this may set a precedent and more structures could appear in the Cemetery and that the pergola was not in keeping with the respect and dignity of the Cemetery. Mr. Lonsbary was present at the meeting and addressed the Committee as to his reasoning for constructing the pergola and how the structure would be permitted as per his interpretation of By-law #3640. Resolution #3 Moved by: Penny Esseltine Seconded by: Sue Saelens THAT the Parks, Beautification & Cemetery Advisory Committee recommends Council adhere to the Cemetery By-Law #3640 and direct the removal of a wooden pergola which was installed over a monument within the Cemetery without prior authorization from the Town. Carried 6.2. Keep Tillsonburg Beautiful/Trails Festival Event Subcommittee Final Report – Sue Saelens Sue Saelens, Chair of the Keep Tillsonburg Beautiful/Oxford Trails Festival Event Sub- Committee, provided the Committee with a final summary of the June 2nd event including recommendations for any future events. 6.3. Scattering Gardens Sub-Committee Report – Ken Butcher; In Ken’s absence, Corey Hill, Committee Staff Liaison, outlined that the sub-committee last met on June 27th and that Ken Butcher was sending out the finalized version of the questionnaire and a list of Cemeteries for Subcommittee members to contact. The next sub-committee meeting is scheduled for July 25th, 2019. 6.4. Cemetery Bylaw (#3640) Revisions; The Committee discussed the Bereavement Authority of Ontario’s (BAO) guide to developing a Cemetery By-law and how it applied to the “General Information” section of the current By-law. Discussions were cut short due to meeting duration and will continue at next meeting Page 422 of 611 Committee: Parks, Beautification and Cemetery Advisory Committee Page - 3 - of 3 Date: July 4, 2019 6.5 Carrol Trail Enhancements; This item was deferred until the next meeting due to time. 7. Correspondence None 8. Other Business 8.1 Cemetery It was mentioned that the Cemetery signage should be discussed at a future meeting and/or as a part of the By-law revisions and that the grass in the Cemetery is in need of cutting and trimming. 9. Next Meeting Thursday, July 4th, 2019, at 9:00a.m.at the Corporate Office Annex Suite 203 meeting room. 10. Adjournment Resolution #4 Moved by: Marian Smith Seconded by: Donna Scanlan THAT the July 4, 2019 Parks, Beautification and Cemetery Advisory Committee meeting be adjourned at 10:02 a.m. Carried Page 423 of 611 The Corporation of the Town of Tillsonburg Parks, Beautification and Cemetery Advisory Committee August 1, 2019 9:00 a.m. Suite 203, 200 Broadway, 2nd Floor MINUTES Present: Paul DeCloet, Donna Scanlan, Maurice Verhoeve, Sue Saelens, Marian Smith & Penny Esseltine Absent with Regrets: Ken Butcher, Paul Wareing, Mike Dean, Christine Nagy & Bob Marsden Also Present: Corey Hill & Allison Jakobi 1. Call to Order The meeting was called to order at 9:04 a.m. 2. Adoption of Agenda Resolution #1 Moved by: Marian Smith Seconded by: Penny Esseltine THAT the Agenda as prepared for the Parks, Beautification and Cemetery Advisory Committee meeting of August 1, 2019 be adopted. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Adoption of Minutes of Previous Meeting Resolution #2 Moved by: Donna Scanlan Seconded by: Maurice Verhoeve THAT the Parks, Beautification and Cemetery Advisory Committee Meeting Minutes of July 4, 2019, be approved. Carried 5. Presentations/Deputations None 6. General Business & Reports 6.1. Cemetery – By-law Violation Update – Corey Hill Corey Hill, Committee Staff Liaison, provided the Committee with a summary of the status of the Pergola at the Cemetery. Council supported the Committee’s recommendation for removal. As such, the pergola has now been removed and Page 424 of 611 Committee: Parks, Beautification and Cemetery Advisory Committee Page - 2 - of 2 Date: August 1, 2019 Cemetery staff placed a hanging basket that was on the pergola on a sheppard’s hook beside the monument. 6.2. Scattering Gardens Sub-Committee Report – Ken Butcher; In Ken’s absence, Sub-committee member Robert Verhoeve provided a summary on the preliminary results of the questionnaire. The next sub-committee meeting is scheduled for August 19th, 2019, where more results will be compiled. The Sub- committee will report their final findings to the Committee at the September meeting. 6.3. Cemetery Bylaw (#3640) Revisions – All; The Committee discussed the current Bylaw and the Bereavement Authority of Ontario’s (BAO) guide. It was agreed that pets should not be allowed on the cemetery property with the exception of service animals and extenuating circumstances pre-approved by the Town. Committee members should come to the next meeting prepared to review sections A and B of the current Bylaw and, time permitting, the Committee will also commence discussions of sections C and D. 6.4. Carol Trail Enhancements; This item was deferred until the next meeting. 7. Correspondence None 8. Other Business None 9. Next Meeting Thursday, September 5th, at 9:00a.m.at the Corporate Office Annex Suite 203 meeting room. 10. Adjournment Resolution #5 Moved by: Bob Marsden Seconded by: Sue Saelens THAT the August 1, 2019 Parks, Beautification and Cemetery Advisory Committee meeting be adjourned at 9:59 a.m. Carried Page 425 of 611 The Corporation of the Town of Tillsonburg Economic Development Advisory Committee July 9, 2019 7:30 a.m. Boardroom, Customer Service Centre 10 Lisgar Ave, Tillsonburg MINUTES Present: Andrew Burns, Councillor Deb Gilvesy, Lisa Gilvesy, Jesse Goossens, Jim Hayes, Kirby Heckford (Arrived at 7:49 a.m.), Ashton Nembhard, Steves Spanjers and Cedric Tomico. Regrets: Lindsay Morgan-Jacko, Collette Takacs, Randy Thornton, Lindsay Tribble, Jeff Van Rybroeck and John Veldman. Also Present: David Calder, Chief Administrative Officer Amelia Jaggard, Legislative Services Coordinator Cephas Panschow, Development Commissioner 1. Call to Order The meeting was called to order at 7:30 a.m. 2. Adoption of Agenda Proposed Resolution #1 Moved by: Cedric Tomico Seconded by: Lisa Gilvesy THAT the Agenda as prepared for the Economic Development Advisory Committee meeting of July 9, 2019, be adopted. Carried. 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Adoption of Minutes of Previous Meeting Proposed Resolution #2 Moved by: Jim Hayes Seconded by: Deb Gilvesy THAT the Minutes of the Economic Development Advisory Committee meeting dated June 11, 2019, be approved. Carried. 5. Presentations/Deputations Page 426 of 611 Committee: Economic Development Advisory Committee Page - 2 - of 4 Date: July 9, 2019 6. Information Items 7. General Business & Reports 7.1. Monthly Project Updates (Attached) The Downtown Retail Gap Analysis was approved in principal at the Council meeting on Monday, July 8, 2019. It was suggested that the Town needs discount stores such as Giant Tiger and a discount grocery store The tender for the Van Norman Innovation Park is anticipated to be released in the fall of 2019 or spring of 2020. The Town Hall Project Committee will be participating in proponent interviews in early August 2019. Staff will provide an update report on the Agenda for the Council meeting on Monday, August 12, 2019. Public consultation will be held in early September. 7.2. Community Strategic Plan 7.2.1. Excellence in Local Government 7.2.2. Economic Sustainability 7.2.3. Demographic Balance 7.2.4. Culture and Community 7.3. Tillsonburg Hydro Inc A new THI Board of Directors have been appointed. Development Commissioner to schedule first meeting of the subcommittee. 7.4. Town Hall Task Force It was suggested that sharing the locations of the proposals would be valuable. Staff noted that status quo will be considered. A Space Needs Study which was conducted recently identified that the Town requires 25,000 square ft. to accommodate staff. It was suggested to provide operating costs for status quo. Kirby Heckford arrived at 7:49 a.m. 7.5. Indo-Canadian Business Chamber Mission Visit to Tillsonburg Summary Development Commissioner provided a summary of the Indo-Canadian Business Chamber Mission visit to Tillsonburg. There were visitors from four different companies. Page 427 of 611 Committee: Economic Development Advisory Committee Page - 3 - of 4 Date: July 9, 2019 An invitation is expected to the Indo-Canadian Business Chamber conference in November 2019. 7.6. Economic Development Strategy – Implementation Status Development Commissioner provided an overview of the implementation status of items identified in the Economic Development Strategy. Staff noted it is time to update the Economic Development Strategy. Staff noted that the Community Improvement Plan (CIP) is designed to tip projects, not fully fund them. 7.7. High Tech Manufacturing Sub-cluster Action Plan (Attached) Development Commissioner provided an overview of the issues, opportunities, threats and next steps identified in the High Tech Manufacturing Sub-cluster Action Plan. Staff noted that the Town does not have the resources to drive a sub-cluster without full support from the private sector. Development Commissioner to meet with interested individuals to brainstorm next steps. Staff will bring forward the High Tech Manufacturing Sub-cluster Action Plan to be approved in principal in at the next Council meeting on Monday, August 12, 2019. 8. Community Organization Updates 8.1. Downtown Business Improvement Association Mark Renaud, Executive Director, and Karlee Slattery, Events and Marketing Coordinator for the Tillsonburg BIA, provided an update from the BIA Board of Management at the Council meeting on Monday, July 8, 2019. Recent events including Turtlfest and Canada Day celebrations were a success. The BIA has secured funding for two summer students who will support the ongoing beautification program. 8.2. Tillsonburg District Chamber of Commerce 8.3. Tillsonburg District Real Estate Board (Attached) It was suggested that the committee should identify existing red tape through discussions with developers and to provide feedback to the provincial government. 8.4. Physician Recruitment Page 428 of 611 Committee: Economic Development Advisory Committee Page - 4 - of 4 Date: July 9, 2019 9. Correspondence 9.1. None 10. Other Business 11. Round table Ashton Nembhard noted that the Ontario Southland Railway (OSR) is facing capital costs to build level crossings west of Tillsonburg and in order to maintain access to the area. They need more customers to support rail service. It was suggested that the Mayor and the Committee write letters of support recognizing the value of the railroad to send to CN Rail. Development Commissioner to prepare support letter on behalf of the committee. 12. Next Meeting Tuesday, August 13, 2019 at 7:30 a.m. in the Board Room at the Customer Service Centre, 10 Lisgar Ave, Tillsonburg, ON. 13. Adjournment Proposed Resolution #3 Moved by: Steve Spanjers Seconded by: Andrew Burns THAT July 9, 2019 Economic Development Advisory Committee meeting be adjourned at 9:15 a.m. Carried. Page 429 of 611 The Corporation of the Town of Tillsonburg Tillsonburg Transit Advisory Committee July 16, 2019 10:00 a.m. Suite 203, 200 Broadway, 2nd Floor MINUTES Present: Cindy Allen, David Brown, Sherry Hamilton, Kathryn Leatherland, Pete Luciani, Carolijn Verbakel and John Verbakel. Regrets: Lynn Temoin Also Present: Kevin De Leebeeck, Director of Operations Amelia Jaggard, Legislative Services Coordinator Alex Piggott, Transit Coordinator Regrets: David Calder, Chief Administrative Officer 1. Call to Order The meeting was called to order at 10:01 a.m. 2. Adoption of Agenda Proposed Resolution #1 Moved by: Carolijn Verbakel Seconded by: Cindy Allen THAT the Agenda as prepared for the Tillsonburg Transit Advisory Committee meeting of July 16, 2019, be adopted. Carried. 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Adoption of Minutes of Previous Meeting Proposed Resolution #2 Moved by: Kathryn Leatherland Seconded by: Pete Luciani THAT the minutes of the Tillsonburg Transit Advisory Committee dated June 18, 2019, be approved. Carried. Page 430 of 611 Committee: Tillsonburg Transit Advisory Committee Page - 2 - of 3 Date: July 16, 2019 5. Presentations/Deputations 5.1. Ride Norfolk Trip (Cindy Allen) Cindy A. provided a summary of her experience riding the Ride Norfolk Transit Bus from Tillsonburg to Norfolk County. Cindy A. met with Blaire Sylvester, Public Transportation Coordinator for Norfolk County. Blair S. would be willing to attend a committee meeting to collaborate. The Ride Norfolk bus driver said riders with mobility issues have not experienced any challenges with their current style of bus. 6. General Business & Reports 6.1. T:GO Transit 6.1.1. Ridership Stats Consistently Averaging 44 ½ riders per day. 6.1.2. Finalized Route and Schedule Staff have tested the route and revised to accommodate Livingston Centre and Queen St. Apartments. Installation of the bus stop signs will take approximately two weeks once they are received. A “Coming Soon” tape will be affixed to one side of each bus stop sign until the launch date of August 20th 2019.. Staff to ask the service provider if they collect ridership stats on the usage of the service by persons with mobility issues and trip purpose stats. It was noted that if the bus driver is asking multiple questions it could cause delay in schedule/route timing. It was suggested to have a ridership survey to handout to passengers. The survey could also be available online to request feedback from both the current ridership and those not currently using the system. Staff to prepare a draft ridership survey to present at the next committee meeting. 6.1.3. Action Item Summary Staff are exploring an agreement to have bus tickets sold at locations that currently sell bag tags. Staff confirmed with the service provider that the drivers have high visibility vests available to them for when they exit the vehicle. Page 431 of 611 Committee: Tillsonburg Transit Advisory Committee Page - 3 - of 3 Date: July 16, 2019 It was suggested that a different style of bus could increase ridership capacity. Staff confirmed that the in-town transit service RFP did not specify a certain style of bus; each proponent proposed what style of bus they would utilize. Review of the style of bus to be an item on the next Agenda. 6.1.4. Launch Date – August 20, 2019 6.1.5. Proposed Fare Rate Structure Motion: Moved by: John Verbakel Seconded by: Pete Luciani THAT the committee endorse the proposed fare rare structure for the in-Town TGO service, as presented. Carried. 6.2. Inter-Community Transit 6.2.1. Transit Coordinator Introduction – Alex Piggott 6.2.2. Transit Consulting Services RFP awarded The first task will be reviewing routes and schedules. Staff are in the early stages of discussion with the County regarding support for the TGO system. 6.2.3. Transfer Payment Agreement received from MTO A By-Law will be brought forward at the Council meeting on Monday, August 12, 2019, to authorize the Mayor and the Clerk to execute the agreement. 7. Correspondence 8. Other Business 9. Next Meeting Tuesday, August 20, 2019, at 10:00 a.m. at the Corporate Office in Suite 203, 200 Broadway, Tillsonburg, ON. 10. Adjournment Proposed Resolution #3 Moved by: Cindy Allen Seconded by: Pete Luciani THAT the July 16, 2019 Tillsonburg Transit Advisory Committee meeting be adjourned at 11:05 a.m. Carried. Page 432 of 611 1 Tillsonburg Business Improvement Area Board Meeting – MINUTES - Thursday, April 25th, 2019 7:00 am breakfast, 7:30 am meeting – Carriage Hall – 25 Brock Street West, Tillsonburg 1. CALL TO ORDER: Determine if a quorum is present - quorum, yes. Time: 7:31 am a. Members present: C. Tomico; M. Renaud; K. Slattery; M. Rosehart; M. Tedesco; C. Heutinck; D. Gilvesy; C. Pepper b. Public members present (as delegations): L. Beechey c. Regrets: W. Cameron; D. Rasokas 2. ADOPTION OF THE AGENDA: a. moved by: D. Gilvesy and seconded by: M. Rosehart “Carried” 3. ADOPTION OF THE MINUTES from the meeting of March 21st, 2019 a. moved by: M. Tedesco and seconded by: M. Rosehart “Carried” 4. DELEGATIONS: Laurel Beechey made a presentation regarding the Tillsonburg Pioneer Performing Troupe which leads walking tours during town events including Turtlefest. There were several comments and questions by board members. The BIA is supportive of this/these event(s). 5. TREASURER’S REPORT – D. Rasokas (absent) a. March 2019 First Ontario bank statements attached. b. Funds as of March 31st, 2019: i. Chequing: $87,705.86; Savings: $87,123.76; Share account: $80.00 Page 433 of 611 2 ii. Investment GIC: $65,128.22 (inc. accrued interest) iii. TOTAL BANK BALANCE/FUNDS: $240,037.84 c. March 2019 financials were distributed and there were no questions or concerns raised by members. The report was delivered by the ED as the Treasurer was absent. 6. COMMITTEE REPORTS: a. Beautification: The board reviewed and then discussed the two invoices received from Renaissance Restorations on April 16th. The board provided direction to staff to authorize payment of $4,000 total for both invoices. Several members commented that they did not recall providing authority for said contract. The budget for bench repairs in the 2019 BIA budget is $500. The ED could not locate a valid or current contract with this vendor. There is a cheque prepared for $4,000 which will be given to the vendor upon turning over the benches to the Town of Tillsonburg. The beautification plan is proceeding for a Monday, May 27th implementation/go-live date. The EBB signs are still in operative pending a site visit from Manufacturer’s Automation. The new modem is not working correctly. The signs will be turned off pending resolution of the connectivity and electronics issues. b. General: ED is following up with the town and CAO/town staff regarding: The ED will be meeting with all stakeholders to ensure proper communication with all elements of the 2019 work plan. c. Block Party Food Truck strategy: The ED provided the board with a verbal report and confirmed the presence for 2 food trucks. d. Promotions/Events/Marketing update: K. Slattery Page 434 of 611 3 i. The EMC presented her report. All of the metrics for traffic on the various digital platforms continues to increase. There was a verbal report on the promotions committee meeting held at the BIA offices on Monday, April 22nd. Fitness event to be held Saturday, May 25th on Brock Street East from Broadway to Harvey. Street closure request submitted to the town April 23. ii. Sidewalk Days – 1st event of 2019 to be held post-beautification initiative – running Thursday, May 30th – Saturday, June 1st. This was discussed by the board with no changes. iii. The ED and EMC will ensure that a press release is issued for the start/implementation of the 2019 Beautification Plan in addition to the normal blasts in all BIA social media platforms. iv. There is ongoing planning for additional BIA-led events for Canada Day. The BIA will officially join the Canada Day planning committee which holds regular meetings at Annandale House. v. The Promotions Calendar has been updated and posted. 7. EXECUTIVE DIRECTOR’S REPORT: The ED presented the monthly ED report there was a general discussion of the various items contained in the report with few questions or concerns raised. The ED asked if any of the board wanted to attend the upcoming Chamber of Commerce Awards of Excellence to be held on May 9th, 2019. No additional members expressed an interest in doing so. The ED attended the event with the EMC as representatives of the BIA. The ED asked the board to review the report from the Town of Tillsonburg Development Commissioner regarding the downtown retail sector study. The report was presented to the board. The board then passed the following motion: Page 435 of 611 4 Motion: “Moved by M. Rosehart and Seconded by D. Gilvesy and resolved that the BIA Board of Management adopts the Downtown Tillsonburg Gap Analysis report and further that the ED and EMC report back to the board on an implementation plan for next steps during the balance of 2019; and add 2-3 additional strategic imperatives to the 2020 work plan”. “Carried” The ED and EMC have been out on a daily basis meeting all downtown stakeholders. The downtown is cleaner and is being more diligently managed. Garbage and debris is being picked up on a daily basis. Several tree guards, damaged grates and trees have been removed. All tagged trees will be removed as per the bylaw #4001. The ED and EMC have been visiting BIA merchants and businesses to deliver the Turtlefest sponsorship packages and following up with all interested parties. The front of the office has been set-up as a demonstration point for the new furniture with all positive results and feedback. The remaining trees, tree guards and grates will be removed no later than the implementation date of Monday, May 27th. The weather continues to be a challenge. The ED is following up with the town on some matters raised during the walk-through including damaged/peeling paint on the intersection utility pole holding the traffic signal lights. There has still been no resolution to the lighting issues on Brock Streets East and West. The ED will follow- up with the town’s Engineering Dept. The ED continues to research items for the 2020 budget including ideas, strategies and tactics to increase revenues going forward. 8. CORRESPONDENCE: The Town Clerk requested that the BIA prepare a resolution in support of new bylaws allowing for ICE CREAM mobile vending in the Town of Tillsonburg. Motion: “Moved by: M. Tedesco and Seconded by: C. Heutinck and resolved that the Board of Management of the BIA supports the implementation of an ice cream truck service in the Town of Tillsonburg”. “Carried” Page 436 of 611 5 9. NEW BUSINESS: a. Banking: several comments were made with respect to ongoing banking issues at FirstOntario Credit Union. The Chair asked if we had received a credit card from FirstOntario. The ED replied “no”. The application process for the credit card at FirstOntario was initiated in December. Debbie Beres, the BIA contract bookkeeper had expressed ongoing concerns with the QuickBooks online connectivity with FirstOntario which led to delays in completion of the monthly financial reports. This was ongoing for more than 2 months. The ED had to attend FirstOntario to pick-up a new access card even though the old one had not expired. There was a general consensus by board members that a change needed to be made. From the floor came the following resolution: Moved by: C. Heutinck and Seconded by M. Tedesco: And resolved that that the BIA Board of Management approves CIBC, Tillsonburg branch #03072 - as the financial institution for the banking requirements of the Tillsonburg BIA; effective on or about June 1st, 2019. This resolution authorizes the Executive Director to make and effect the agreements with CIBC subject to the usual two signing authorities. The funds on deposit at FirstOntario and specifically the GIC with a principle value of $65,000; which matures on February 21st, 2021- will be moved to CIBC at that time. All other funds on deposit at FirstOntario Credit Union will be transferred on or about May 31st, 2019. All remaining accounts at FirstOntario Credit union will be closed on May 31st, 2019. 10. ROUNDTABLE: open discussion amongst the board members – none. 11. NEXT MEETING – Thu, May 23rd, 2019 at Carriage Hall – 7:30 am 12. MOTION TO ADJOURN : a. moved by: C. Heutinck that the board meeting of April 25th, 2019 be adjourned at 9:55 am. “Carried” Page 437 of 611 Tillsonburg Business Improvement Area Board Meeting – MINUTES - Thursday, May 9th, 2019 5:00 pm – Boston Pizza – 102 Broadway, Tillsonburg (private room) 1. CALL TO ORDER: Determine if a quorum is present. Time: 5:10 p.m. Quorum: YES Members present: C. Tomico; M. Rosehart, C. Heutinck, M. Renaud, K. Slattery, M. Tedesco, D. Gilvesy, D. Rasokas, W. Cameron. Members absent: n/a Public/delegations present: n/a 2. ADOPTION OF THE AGENDA: a. moved by: C. Heutinck seconded by: D. Gilvesy “Carried” 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: “none declared” 4. NEW BUSINESS: Board discussion of the Ford Government “Regional Review”. The board had a detailed discussion of the possible ramifications of the government’s unilateral restructuring of Oxford County. The ED presented the board with factual information regarding the existing municipal structures and well as the constitution of the County of Oxford dating back to 1874. The ED provided several documents regarding the current staffing and proposed staffing levels if there were to be changes. After a lengthy debate, the board decided not to pass a resolution and instead requested that a second meeting be held to further the discussion before the board passes a position and potential resolution for the upcoming May 16th, 2019 Public Meeting to be held at the Tillsonburg Senior’s Centre Auditorium. 5. DELEGATIONS: n/a. 6. ROUNDTABLE: no comments. 7. NEXT MEETING – Tuesday, May 14th, 2019 at Boston Pizza, 102 Broadway, Tillsonburg – 5:00 pm. 8. MOTION TO ADJOURN: C. Heutinck moved; Seconded by M. Tedesco. 6:30 pm. 1 Page 438 of 611 Tillsonburg Business Improvement Area Board Meeting – MINUTES - Tuesday, May 14th, 2019 5:00 pm – Boston Pizza – 102 Broadway, Tillsonburg (private room) 1. CALL TO ORDER: Determine if a quorum is present. Time: 5:10 p.m. Quorum: YES Members present: C. Tomico; C. Heutinck, M. Renaud, K. Slattery, M. Tedesco, D. Gilvesy, D. Rasokas Members absent: W. Cameron Public/delegations present: n/a 2. ADOPTION OF THE AGENDA: a. moved by: C. Heutinck seconded by: D. Gilvesy “Carried” 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: “none declared” 4. UNFINISHED BUSINESS: The Board of Management continued its discussion of the Ford Government “Regional Review” and the need for the board to provide feedback via a board resolution. After a lengthy debate, the board of management passed the following resolution: MOTION: Moved by: C. Heutinck and Seconded by: M. Tedesco and resolved that the BIA Board of Management recommends a new government structure that would be more effective; cost-efficient and responsive to the taxpayer; by creating three separated one-tier municipalities/regions in the Oxford County. Three new, large and separated municipalities for the purposes of this resolution are identified as East Oxford, Northwest Oxford and South Oxford. The political boundaries for this proposal will be determined through a county-wide consultation process. By having three separated municipalities and eliminating the upper-tier, you would reduce the number of existing politicians by more than half. This plan would similarly and more importantly, reduce the number of current CAO’s from 9 to 3; the number of Chief Building Officials from 8 to 3; number of municipal clerks from 9 to 3; the number of Fire Chief’s from 8 to 3 and the entire elimination of county operational functions & council. This plan would deliver savings of approximately $10 million annually, beginning in 2022 – which is a direct saving and benefit for the taxpayer. Further, the amount of red tape would be significantly reduced by having all operating functions at one tier of government – the tier closest to the people. By restructuring now, to provide more effective government and to prepare for our growth challenges for the next 50 years; this proposal addresses all of the mandate elements from Minister Clark. The BIA believes a one-tier Oxford County would not deliver any improvement in citizen engagement; efficiency or reduction of red-tape. The geography itself including vast agricultural lands does not lend itself to being a one-tier government and having a one-tier government using the existing upper-tier structure with the municipal seat in Woodstock; may lead to a further disconnection between the various communities of interest. There are three distinct regions in Oxford. A separated municipal structure of 3 units vs. the existing 9; would 1 Page 439 of 611 allow for proper alignment of services, especially with respect to emergency and protective services on the Highway 401 and 403 corridors for example. The other distinct advantages would be improved logistics for all facets of daily operational functions and remove obvious obstacles with planning, for example, the CAMI plant in Ingersoll being split into two different lower-tier municipalities. The BIA also proposes a new Oxford Services Agency; OSA; which would be constituted as a coordination mechanism for such items as transportation planning for example. The OSA would be operated within the confines of the existing new budget structure of the new 3 larger communities of interest and would not add any cost or bureaucracy. Further, the BIA recommends to Minister Clark; to expand the terms of reference to include boundary adjustments for those areas of the existing County of Oxford where operational pressures and growth are a challenge with respect to process; red tape; planning and day-to-day functionality. The two specific areas are the Tavistock/north Oxford area abutting the County of Perth and the Town of Tillsonburg-south Oxford area abutting Norfolk & Elgin counties; which complicates and exacerbates the many facets of governance and planning. The BIA would avail itself to formally present our proposal to Minister Clark and the Regional Review Committee directly. 5. DELEGATIONS: n/a. 6. ROUNDTABLE: The board directed the ED to present this above motion at the public meeting to be held upcoming on May 16th, 2019 at the Tillsonburg Senior’s Centre Auditorium. 7. NEXT MEETING – Tuesday, May 23rd, 2019 at Carriage Hall – 7:00 am breakfast & 7:30 am meeting 8. MOTION TO ADJOURN: C. Heutinck moved; Seconded by M. Tedesco. 6:15 pm. 2 Page 440 of 611 Tillsonburg Business Improvement Area Board Meeting – MINUTES - Thursday, June 20th, 2019 7:30 am meeting – BIA office boardroom – 20 Oxford Street, Tillsonburg 1. CALL TO ORDER: Determine if a quorum is present. Time: 7:36 am Quorum: YES Members present: C. Tomico; C. Heutinck, M. Renaud, K. Slattery, M. Tedesco, D. Gilvesy Members absent: D. Rasokas, W. Cameron, C. Pepper. Public/delegations present: none. 2. ADOPTION OF THE AGENDA: a. moved by: D. Gilvesy seconded by: C. Heutinck “CARRIED” 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: “NONE DECLARED” 4. ADOPTION OF THE MINUTES from the meeting of May 23rd, 2019 a. moved by: M. Tedesco seconded by: D. Gilvesy “CARRIED” a. DELEGATIONS: None. 5. TREASURER’S REPORT – M. Renaud in absence of the Treasurer. a. The information was distributed including the May 2019 First Ontario & CIBC bank statements attached with funds as of May 31st, 2019: Total: $216,345.97. The Financial reports were attached to the agenda package ahead of time as prepared by Debbie Beres. There was no questions or concerns raised about said information. b. The ED suggested that the board pass a resolution to authorize payment of the amounts that were previously in dispute with Renaissance Restoration for the storage, maintenance and refurbishment of the BIA-owned benches. Motion: Moved by: C. Heutinck and Seconded by: M. Tedesco and resolved that the BIA Board of Management authorizes payment of $5,195.37 to Renaissance Restorations. “CARRIED” There were no questions or concerns about the information presented. 6. COMMITTEE REPORTS: a. Beautification: The ED reviewed the comments and feedback regarding the placement and introduction of the new décor, pots, trees and planters in the downtown area. A number of items have been moved and relocated in response to various feedback. The 1 Page 441 of 611 watering is being executed internally and so far we have not had any serious issues with damaged, knocked over or vandalized beautification elements. b. Communications & Promotions/Report from Events and Marketing Co-ordinator: The EMC has been active with the digital platforms as attached. There were events undertaken including the fitness event in the parking areas to the rear of The Ripped Club, Sidewalk Sale Days and planning for future events. The promotions committee is also planning another Sidewalk Sale Days to be held in late August in conjunction with the Tillsonburg Town Centre Mall. EXECUTIVE DIRECTOR’S REPORT: The ED was busy with the execution and follow-up to the major beautification plan and has spent a great deal of time on this area. The smoking issue has become less prevalent over time and it seems that the public is adjusting to the new patio designation in front of the mall. The maintenance of the tables, umbrellas, chairs and planters has been a 7 day a week responsibility. We will need to plan to have some additional resources to maintain all of the new elements at a high level of execution. The feedback has been overwhelmingly positive from town staff, the public, tourists, business people, merchants, BIA members and the like. 7. OTHER BUSINESS: a. The Chair of the Board has received the resignation of Marcel Rosehart effective June 6th, 2019. b. The ED will be recruiting additional board members. c. The BIA is registered to appear as a delegation at the upcoming July 8th, 2019 council meeting. 8. NEW BUSINESS: 9. OUTSTANDING ITEMS: Resolution regarding parking issues at the LCBO parking area – known municipally as Parking Lot #1A. The board discussed previously about requesting that the town change the parking duration to 2 hour maximum to increase the availability and through-put of vehicles. Moved by: C. Heutinck and Seconded by: M. Tedesco and resolved that the BIA Board of Management requests that the Town of Tillsonburg change the traffic bylaw to amend the parking regulations for municipal parking lot 1A (liquor store parking area) to a 2 hour limit to encourage quicker turnover of parking and to force mall employees to park in the correct designated areas at the Tillsonburg Town Centre Mall. “CARRIED” Resolution regarding the development of a hotel in the C1/BIA zone in Downtown Tillsonburg. The board felt it necessary to assert itself to ensure a properly located and scaled facility is built for the town. A motion was placed onto the floor as follows: Moved by: M. Tedesco and Seconded by: D. Gilvesy and resolved that the BIA Board of Management requests to the Town of Tillsonburg that an ad-hoc committee be constituted to see the development of a franchise-based hotel (with conference, meeting and restaurant 2 Page 442 of 611 facilities); in the C1/downtown/BIA zone with frontage on Broadway and further; the BIA commits to having representation on said committee. “CARRIED” 10. ROUNDTABLE: no discussion. 11. NEXT MEETING – Thursday, July 18th at BIA Offices Boardroom – 7:30 am meeting – continental breakfast will be provided. 12. MOTION TO ADJOURN: C. Heutinck moved; Seconded by M. Tedesco. 9:44 am. 3 Page 443 of 611 CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 4326 A BY-LAW to authorize an Agreement with Her Majesty the Queen in Right of the Province of Ontario as Represented by the Minister of Transportation for the Province of Ontario – Community Transportation Grant Program. WHEREAS the Corporation of the Town of Tillsonburg deems it expedient to authorize the execution of an Agreement with Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Transportation for the Province of Ontario for funding under the Community Transportation Grant Program (CT Program). THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the agreement attached hereto as Schedule “A” forms part of this By-Law; 2. THAT the Mayor and Deputy Clerk are hereby authorized to execute on behalf of the Town of Tillsonburg a Transfer Payment Agreement (Agreement) with Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Transportation for the Province of Ontario for funding under the CT Program; 3. THAT the Director of Operations and the Director of Finance have the delegation of authority to execute any and all required documentation on behalf of the Town of Tillsonburg as required by the CT Program; 4. THAT the Town of Tillsonburg commits to spending CT Program funding in accordance with all provisions specified in the Agreement; 5. THAT the Town of Tillsonburg commits to spending CT Program funding only on implementing the approved projects identified in the Agreement. 6. AND THAT this By-Law shall come into full force and take effect after the final passing hereof. READ FOR A FIRST AND SECOND TIME THIS 12th DAY OF AUGUST, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF AUGUST, 2019. _____________________________________ MAYOR – Stephen Molnar _____________________________________ DEPUTY CLERK – Lana White Page 444 of 611 Town of Tillsonburg and Ontario CTGP TPA THIS TRANSFER PAYMENT AGREEMENT for the Community Transportation Grant Program (the “Agreement”) is effective as of the Effective Date (both “Agreement” and “Effective Date” as defined in section A1.2 (Definitions)). B E T W E E N: Her Majesty the Queen in right of Ontario as represented by the Minister of Transportation for the Province of Ontario (the “Province”) - and - The Corporation of the Town of Tillsonburg (the “Recipient”) BACKGROUND: The Province has established the Community Transportation Grant Program (the “Program”) to fund municipalities to plan, implement and operate intercommunity and local transportation projects. The Recipient has applied to the Province for funds to assist the Recipient in carrying out the intercommunity or local transportation project(s), or both, as described in the Agreement and the Province wishes to provide such funds. The Agreement sets out the terms and conditions upon which the Province has agreed to provide funds, up to the Maximum Funds (as defined in section A1.2 (Definitions)), to the Recipient for the purpose of carrying out the Project (as defined in section A1.2 (Definitions)) and upon which the Recipient has agreed to carry out the Project. CONSIDERATION: In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: COMMUNITY TRANSPORTATION GRANT PROGRAM TRANSFER PAYMENT AGREEMENT Page 445 of 611 Town of Tillsonburg and Ontario CTGP TPA 1.0 ENTIRE AGREEMENT 1.1 Entire Agreement. The Agreement, including: Schedule “A” - General Terms and Conditions Schedule “B” - Project Specific Information Schedule “C” - Project Description, Budget and Timelines Sub-schedule “C.1” - Project Description Sub-schedule “C.2” - Project Budget Sub-schedule “C.3” - Project Timelines Schedule “D” - Eligible Expenditures and Ineligible Expenditures Schedule “E” - Claim and Payment Procedures Sub-schedule “E.1” - Payment Plan for Milestones and Reporting Schedule Schedule “F” - Reporting and Compliance Audit Sub-schedule “F.1” - Project Status Report Sub-schedule “F.2” - Interim and Final Financial Reports Sub-schedule “F.3” - Project Performance Reports Sub-schedule “F.4” - Service Sustainability Plan Schedule “G” - Communications Protocol Schedule “H” - Disposal of Vehicles Acquired with Funds, and any amending agreement entered into as provided for in section 4.1 (Amendments), constitutes the entire agreement between the Parties (as defined in section A1.2 (Definitions)) with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. 2.0 CONFLICT OR INCONSISTENCY 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between any of the requirements of: (a) Schedule “A” (General Terms and Conditions) and any of the requirements of another schedule or a sub-schedule, Schedule “A” (General Terms and Conditions) will prevail to the extent of the inconsistency; or (b) a schedule and any of the requirements of a sub-schedule, the schedule will prevail to the extent of the inconsistency. Page 446 of 611 Town of Tillsonburg and Ontario CTGP TPA 3.0 COUNTERPARTS 3.1 Counterparts. The 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. 4.0 AMENDING THE AGREEMENT 4.1 Amendments. The Agreement may only be amended by a written agreement. 4.2 Execution of Amending Agreements. An amending agreement under section 4.1 (Amendments) must be executed by the respective representatives of the Parties listed on the signature page below. 4.3 Execution of Amending Agreements - Exceptions. Despite section 4.2 (Execution of Amending Agreements), an amending agreement under section 4.1 (Amendments) for amendments to one or more of the following: (a) the definitions for the following terms in Schedule “A” (General Terms and Conditions): (i) “Completion Date”; and (ii) “Expiry Date”; and (b) Schedules “C” (Project Description, Budget and Timelines) to “F” (Reporting and Compliance Audit), each respectively, and any of their respective sub-schedules; may be executed by the respective authorized representatives of the Parties listed in Schedule “B” (Project Specific Information) for the purpose of such amendments. 5.0 ACKNOWLEDGEMENT 5.1 Acknowledgement. The Recipient acknowledges that: (a) by receiving Funds (as defined in section A1.2 (Definitions)), it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the Broader Public Sector Accountability Act, 2010 (Ontario), the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor General Act (Ontario); Page 447 of 611 Town of Tillsonburg and Ontario CTGP TPA (b) Her Majesty the Queen in right of Ontario has issued expenses, perquisites, and procurement directives and guidelines pursuant to the Broader Public Sector Accountability Act, 2010 (Ontario); (c) the Funds are: (i) to assist the Recipient to carry out the Project and not to provide goods or services to the Province; (ii) funding for the purposes of the Public Sector Salary Disclosure Act, 1996 (Ontario); (d) the Province is not responsible for carrying out the Project; and (e) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that 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 that Act. 5.2 MFIPPA. The Province acknowledges that the Recipient is bound by the Municipal Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Recipient in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. - SIGNATURE PAGE FOLLOWS - Page 448 of 611 Town of Tillsonburg and Ontario CTGP TPA 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 _________________ ______________________________ Date Name: Caroline Mulroney Title: Minister THE CORPORATION OF THE TOWN OF TILLSONBURG _________________ ______________________________ Date Name: Stephen Molnar Title: Mayor I have authority to bind the Recipient. _________________ ______________________________ Date Name: Lana White Title: Deputy Clerk I have authority to bind the Recipient. Page 449 of 611 Town of Tillsonburg and Ontario CTGP TPA SCHEDULE “A” GENERAL TERMS AND CONDITIONS A1.0 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the background and the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; and (e) all accounting terms not otherwise defined in the Agreement have their ordinary meanings. A1.2 Definitions. In the Agreement, the following terms will have the following meanings: “Agreement” means this Agreement, entered into between the Province and the Recipient, all of the schedules and sub-schedules listed in section 1.1 (Entire Agreement), and any amending agreement entered into pursuant to section 4.1 (Amendments). “Authorities” means any government authority, agency, body or department, whether federal, provincial or municipal, having or claiming jurisdiction over the Agreement or the Project, or both. “Budget” means the budget set out in Sub-schedule “C.2” (Project Budget). “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 has elected to be closed for business. “Completion Date” means March 31, 2023. “Contract” means a contract between the Recipient and a Third Party whereby the Third Party agrees to supply goods or services, or both, for the Project in return for financial consideration. Page 450 of 611 Town of Tillsonburg and Ontario CTGP TPA “Effective Date” means the date of signature by the last signing Party to the Agreement. “Eligible Expenditures” means the costs of the Project that are eligible for funding by the Province under the Agreement, and that are further described in Schedule “D” (Eligible Expenditures and Ineligible Expenditures). “Event of Default” has the meaning ascribed to it in section A13.1 (Events of Default). “Expiry Date” means September 30, 2023. “Funding Year” means: (a) in the case of the first Funding Year, the period commencing on April 30, 2018 and ending on the following March 31; and (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Indemnified Parties” means Her Majesty the Queen in right of Ontario, Her ministers, agents, appointees and employees. “Intercommunity Project” means an intercommunity project as described in paragraph C.1.1.2 (a). “Local Project” means a local project as described in paragraph C.1.1.2 (b). “Material Adverse Effect” means a material adverse effect on one or more of the following: (a) the Project; and (b) the business, assets, operations or financial condition of the Recipient. “Maximum Funds” means the maximum Funds set out in Schedule “B” (Project Specific Information). “Notice” means any communication given or required to be given pursuant to the Agreement. Page 451 of 611 Town of Tillsonburg and Ontario CTGP TPA “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default, pursuant to paragraph A13.3(b), and includes any such period or periods of time by which the Province extends that time in accordance with section A13.4 (Recipient not Remedying). “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Program” means the Community Transportation Grant Program the Province has established to provide municipalities with the Funds. “Project” means the undertaking described in Schedule “C” (Project Description, Budget and Timelines). “Reports” means the reports described in Schedule “F” (Reporting and Compliance Audit). “Requirements of Law” means all applicable requirements, laws, statutes, codes, acts, ordinances, approvals, orders, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licences, authorizations, directions, and agreements with all Authorities. “Term” means the period of time described in section A3.1 (Term). “Third Party” means any legal entity, other than a Party, who supplies goods or services, or both, to the Recipient for the Project. “Timelines” means the Project timelines set out in Sub-schedule “C.3” (Project Timelines). A2.0 REPRESENTATIONS, WARRANTIES AND COVENANTS A2.1 General. The Recipient represents, warrants and covenants that: (a) it is, and will continue to be, a validly existing legal entity with full power to fulfill its obligations under the Agreement; (b) it has, and will continue to have, the experience and expertise necessary to carry out the Project; (c) it is in compliance with, and will continue to comply with, all Requirements of Law related to any aspect of the Project, the Funds, or both; Page 452 of 611 Town of Tillsonburg and Ontario CTGP TPA (d) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds including, without limitation, information relating to any eligibility requirements, the Project, Budget and Timelines was true and complete at the time the Recipient provided it and will continue to be true and complete; (e) there are no actions, suits or proceedings pending or, to the knowledge of the Recipient, threatened, which would reasonably be expected to have a Material Adverse Effect; and (f) each of the material agreements to which the Recipient is a party (including leases) is in good standing in all material respects and in full force and effect, and no breach of such agreements has occurred by the Recipient or, to the Recipient’s knowledge, any of the other parties to such agreements which could reasonably be expected to have a Material Adverse Effect. A2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement. A2.3 Governance. The Recipient represents, warrants and covenants that it has, will maintain, in writing, and will follow: (a) a code of conduct and ethical responsibilities for all persons at all levels of the Recipient’s organization; (b) procedures to enable the Recipient’s ongoing effective functioning; (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 complete the Project successfully; (f) procedures to enable the Recipient to identify risks to the completion of the Project, and strategies to address the identified risks, all in a timely manner; (g) procedures to enable the preparation and submission of all Reports required pursuant to Article A7.0 (Reporting, Accounting and Review); and Page 453 of 611 Town of Tillsonburg and Ontario CTGP TPA (h) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to carry out its obligations under the Agreement. A2.4 Supporting Proof. Upon request of the Province and within the timelines set out in the request, the Recipient will provide the Province with proof of the matters referred to in this Article A2.0 (Representations, Warranties and Covenants). A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0 (Termination on Notice), Article A12.0 (Termination Where No Appropriation or Reduced Ministerial Funding Levels), or Article A13.0 (Event of Default, Corrective Action, and Termination for Default). A4.0 FUNDS AND CARRYING OUT THE PROJECT A4.1 Funds Provided. The Province will: (a) provide the Recipient up to the Maximum Funds for the purpose of carrying out the Project; (b) provide the Funds to the Recipient in accordance with the payment procedures provided for in Schedule “E” (Claim and Payment Procedures); and (c) deposit the Funds into an account designated by the Recipient provided that the 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 (Funds Provided): (a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof as the Province may request pursuant to section A10.2 (Proof of Insurance); (b) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project; Page 454 of 611 Town of Tillsonburg and Ontario CTGP TPA (c) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A7.1 (Preparation and Submission); (d) if, pursuant to the Financial Administration Act (Ontario), the Province does not receive the necessary appropriation from the Ontario Legislature for payment under the Agreement, or ministerial funding levels in respect of transfer payments are reduced, 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 or Budget, or both; or (ii) terminate the Agreement pursuant to section A12.1 (Termination Where No Appropriation or Reduced Ministerial Funding Levels); and (e) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the Province with a copy of the Recipient’s by- law(s) and, if applicable, resolution(s), authorizing it to enter into the Agreement and designating the Recipient’s signing officer for the Agreement. A4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the following: (a) carry out or ensure the Project is carried out in accordance with the Agreement; (b) use the Funds only for the purpose of carrying out the Project; (c) spend the Funds only for Eligible Expenditures and in accordance with the Budget; and (d) not use the Funds to cover any Eligible Expenditure that has or will be funded or reimbursed by one or more of any third party, including any level of government, or ministry, agency, or organization of the Government of Ontario, other than the Province pursuant to the Agreement. A4.4 Interest Bearing Account. If the Province provides Funds 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. Page 455 of 611 Town of Tillsonburg and Ontario CTGP TPA A4.5 Interest. If the Recipient earns any interest on the Funds, the Province may: (a) deduct an amount equal to the interest from any further instalments of Funds; or (b) demand from the Recipient the repayment of an amount equal to the interest. A4.6 Rebates, Credits and Refunds. The Province will calculate Funds based on the actual Eligible Expenditures to the Recipient to carry out the Project, 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 Recipient’s Acknowledgement of Responsibility for Project. The Recipient will assume full responsibility for the Project including, without limitation: (a) complete, diligent and timely project implementation within the costs and timelines specified in the Agreement and in accordance with all other terms and conditions of the Agreement; (b) the entire costs of the Project including, without limitation, overruns if any; (c) subsequent operation, maintenance, repair, rehabilitation, demolition or reconstruction, as required and as per appropriate standards, and any related costs for the full lifecycle of the Project; and (d) undertaking, or causing to be undertaken, any engineering and construction work in accordance with industry standards. A4.8 Disclosure of Other Financial Assistance and Adjustments. The Recipient will inform the Province promptly of any financial assistance received for the Project from sources other than the Province pursuant to the Agreement. Upon receipt of such information, the Province may take one or more of the following actions: (a) reduce the Funds in; or (b) demand from the Recipient the payment of an amount no greater than the aggregate amount of the financial assistance received from the other sources, up to the Funds. A4.9 Inability to Complete the Project. If, at any time during the Term, the Recipient determines that it will not be possible for it to complete the Project for any reason, including, without limitation, lack of funding available for the Project (the “Issue”), the Recipient will immediately notify the Province of that determination Page 456 of 611 Town of Tillsonburg and Ontario CTGP TPA and provide the Province with a summary of the measures the Recipient proposes to remedy the Issue. If the Province is not satisfied that the measures proposed will be adequate to remedy the Issue, then the Province may initiate any one or more of the actions provided for in section A13.2 (Consequences of Events of Default and Corrective Action). A5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF VEHICLES ACQUIRED WITH FUNDS A5.1 Acquisition. If the Recipient acquires goods or services, or both, with the Funds, it will: (a) do so through a process that promotes the best value for money; and (b) comply with the Broader Public Sector Accountability Act, 2010 (Ontario), including any procurement directive issued thereunder, to the extent applicable. A5.2 Disposal. The Recipient will not, without the Province’s prior written consent, sell, lease or otherwise dispose of any vehicle acquired with Funds other than in accordance with the terms and conditions set out in Schedule “H” (Disposal of Vehicles Acquired with Funds). A5.3 Contract Provisions. The Recipient will ensure that all Contracts are consistent with and incorporate the relevant provisions of the Agreement. More specifically but without limiting the generality of the foregoing, the Recipient agrees to include provisions in all Contracts to: (a) ensure that proper and accurate accounts and records are kept and maintained as required under the Agreement; (b) ensure compliance with all applicable Requirements of Law including, without limitation, labour and human rights legislation; and (c) secure the rights of the Province described in section A7.7 (Inspection and Audit of Contracts). A6.0 CONFLICT OF INTEREST AND RELATED PARTIES A6.1 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential or perceived conflict of interest. Page 457 of 611 Town of Tillsonburg and Ontario CTGP TPA A6.2 Conflict of Interest Includes. For the purposes of this Article A6.0 (Conflict of Interest and Related Parties), a 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. A6.3 Disclosure to 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 prescribe as a result of the disclosure. A7.0 REPORTING, ACCOUNTING AND REVIEW A7.1 Preparation and Submission. The Recipient will: (a) submit to the Province at the address provided in section A17.1 (Notice in Writing and Addresses), all Reports in accordance with the timelines and content requirements set out in Schedule “F” (Reporting and Compliance Audit), or in a form as specified by the Province from time to time; (b) submit to the Province at the address provided in section A17.1 (Notice in Writing and Addresses), any other reports as may be requested by the Province in accordance with the timelines and content requirements specified by the Province; (c) ensure that all Reports and other reports are completed to the satisfaction of the Province; and (d) ensure that all Reports and other reports are signed on behalf of the Recipient by an authorized signing officer. A7.2 Record Maintenance. The Recipient will keep and maintain: (a) all financial records including, without limitation, invoices, statements, receipts, and vouchers relating to the Funds or otherwise to the Project in Page 458 of 611 Town of Tillsonburg and Ontario CTGP TPA a manner consistent with generally accepted accounting principles; (b) all non-financial documents and records relating to the Funds or otherwise to the Project, including, without limitation, all Contracts; and (c) the accounts, records and other documents described in paragraphs A7.2(a) and (b) for at least seven years after the expiry or termination of the Agreement. A7.3 Inspection. The Province, any authorized representative, or any independent auditor identified by the Province may, at the Province’s expense, upon twenty- four hours’ Notice to the Recipient and during normal business hours, enter upon the Recipient’s premises to review the progress of the Project and the Recipient’s allocation and expenditure of the Funds and, for these purposes, the Province, any authorized representative, or any 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 A7.2 (Record Maintenance); (b) remove any copies made pursuant to paragraph A7.3(a) 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. A7.4 Disclosure. To assist in respect of the rights provided for in section A7.3 (Inspection), the Recipient will disclose any information requested by the Province, any authorized representatives, or any independent auditor identified by the Province, and will do so in the form requested by the Province, any authorized representative, or any independent auditor identified by the Province, as the case may be. A7.5 No Control of Records. No provision of the Agreement will be construed so as to give the Province any control whatsoever over the Recipient’s records. A7.6 Auditor General. The Province’s rights under this Article A7.0 (Reporting, Accounting and Review) are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Auditor General Act (Ontario). A7.7 Inspection and Audit of Contracts. The Recipient will ensure all Contracts include the right of the Province, its authorized representatives and independent auditors identified by the Province and the Auditor General to carry out the inspections and audits contemplated pursuant to the Agreement, including any compliance audit under Schedule “F” (Reporting and Compliance Audit) and will coordinate access with any Third Party for the purpose of such inspections and audits. Page 459 of 611 Town of Tillsonburg and Ontario CTGP TPA A7.8 Due Diligence. The Recipient confirms the Recipient’s consent to the Province releasing any of the Recipient’s information, however obtained, with any government authority, agency, body or department, whether federal, provincial or municipal, for the purpose of conducting any financial, legal and technical due diligence review of the Recipient and the Project, including the Recipient’s compliance with any of the Recipient’s obligations under the Agreement, any Requirements of Law or Contract. A7.9 Recipient’s Audits. The Recipient will carry out any audit the Province may request pursuant to Schedule “F” (Reporting and Compliance Audit). A8.0 COMMUNICATIONS REQUIREMENTS AND INFORMATION SHARING A8.1 Acknowledge Support. Unless otherwise directed by the Province, the Recipient will acknowledge the support of the Province for the Project as set out in Schedule “G” (Communications Protocol). A8.2 Publication. The Recipient will indicate, in any of its Project-related publications, whether written, oral, or visual, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. A9.0 INDEMNITY A9.1 Indemnification. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any and all 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 the Agreement, unless solely caused by the negligence or wilful misconduct of the Indemnified Parties. A10.0 INSURANCE A10.1 Recipient’s Insurance. The Recipient represents, warrants and covenants that it has, and will maintain, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the 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 $2,000,000.00 per occurrence. The insurance policy will include the following: Page 460 of 611 Town of Tillsonburg and Ontario CTGP TPA (a) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient’s obligations under, or otherwise in connection with, the Agreement; (b) a cross-liability clause; (c) contractual liability coverage; and (d) a 30-day written notice of cancellation. A10.2 Proof of Insurance. The Recipient will: (a) provide to the Province, either: (i) certificates of insurance that confirm the insurance coverage as provided for in section A10.1 (Recipient’s Insurance); or (ii) other proof that confirms the insurance coverage as provided for in section A10.1 (Recipient’s Insurance); and (b) upon the request of the Province, provide to the Province a copy of any insurance policy. A10.3 Reference to Program. The insurance policy referred to in section A10.1 (Recipient’s Insurance) will include, in addition to the provisions listed in that section, a reference to the Program. A11.0 TERMINATION ON NOTICE A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving at least 30 days’ Notice to the Recipient. A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1 (Termination on Notice), the Province may take one or more of the following actions: (a) cancel all further instalments of Funds; (b) demand from the Recipient the payment of any Funds 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 do either or both of the following: Page 461 of 611 Town of Tillsonburg and Ontario CTGP TPA (i) permit the Recipient to offset the costs against the amount the Recipient owes pursuant to paragraph A11.2(b); and (ii) subject to paragraph A4.1(a), provide Funds to the Recipient to cover such costs. A12.0 TERMINATION WHERE NO APPROPRIATION OR REDUCED MINISTERIAL FUNDING LEVELS A12.1 Termination Where No Appropriation or Reduced Ministerial Funding Levels. If, as provided for in paragraph A4.2(d), the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to the Agreement, or ministerial funding levels in respect of transfer payments are reduced, the Province may terminate the Agreement immediately without liability, penalty or costs by giving Notice to the Recipient. A12.2 Consequences of Termination Where No Appropriation or Reduced Ministerial Funding Levels. If the Province terminates the Agreement pursuant to section A12.1 (Termination Where No Appropriation or Reduced Ministerial Funding Levels), the Province may take one or more of the following actions: (a) cancel all further instalments of Funds; (b) demand from the Recipient the payment of any Funds 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 paragraph A12.2(b). A12.3 No Additional Funds. If, pursuant to paragraph A12.2(c), the Province determines that the costs to wind down the Project exceed the Funds remaining in the possession or under the control of the Recipient, the Province will not provide additional Funds to the Recipient. A13.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A13.1 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 material term of the Agreement including, Page 462 of 611 Town of Tillsonburg and Ontario CTGP TPA without limitation, failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; (ii) use or spend Funds; (iii) provide, in accordance with section A7.1 (Preparation and Submission), Reports or such other reports as may have been requested pursuant to paragraph A7.1(b); or (b) the Recipient’s operations, its financial condition, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements under the Agreement. A13.2 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: (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 period as the Province determines appropriate; (d) reduce the amount of the Funds; (e) cancel all further instalments of Funds; (f) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (g) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; and (i) terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. Page 463 of 611 Town of Tillsonburg and Ontario CTGP TPA A13.3 Opportunity to Remedy. If, in accordance with paragraph A13.2(b), 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. A13.4 Recipient not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to paragraph A13.2(b), 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 paragraphs A13.2(a), (c), (d), (e), (f), (g), (h) and (i). A13.5 When Termination Effective. Termination under this Article A13.0 (Event of Default, Corrective Action, and Termination for Default) will take effect as provided for in the Notice. A14.0 FUNDS AT THE END OF A FUNDING YEAR A14.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article A13.0 (Event of Default, Corrective Action, and Termination for Default), if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a) demand from the Recipient the payment of the unspent Funds; and (b) adjust the amount of any further instalments of Funds accordingly. A15.0 FUNDS UPON EXPIRY OF AGREEMENT A15.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds and interest remaining in its possession or under its control. Page 464 of 611 Town of Tillsonburg and Ontario CTGP TPA A16.0 DEBT DUE AND PAYMENT A16.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay an amount equal to the excess Funds to the Province. A16.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds or an amount equal to any Funds; or (b) the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not the Province has demanded their payment, such Funds or other amount will be deemed to be a debt due and owing to the Province by the Recipient, and the Recipient will pay the amount to the Province immediately, unless the Province directs otherwise. A16.3 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. A16.4 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 as provided for in Schedule “B” (Project Specific Information). A16.5 Fails to Pay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the 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. A17.0 NOTICE A17.1 Notice in Writing and Addresses. Notice will be in writing and will be delivered by email, postage-prepaid mail, personal delivery or fax, and addressed to the Province and the Recipient respectively as provided for in Schedule “B” (Project Specific Information), or as either Party later designates to the other by Notice. Page 465 of 611 Town of Tillsonburg and Ontario CTGP TPA A17.2 Notice Given. Notice will be deemed to have been given: (a) in the case of postage-prepaid mail, five Business Days after the Notice is mailed; or (b) in the case of email, personal delivery or fax, one Business Day after the Notice is delivered. A17.3 Postal Disruption. Despite paragraph A17.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be given; and (b) the Party giving Notice will provide Notice by email, personal delivery or by fax. A18.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A18.1 Consent. When the Province provides its consent pursuant to the Agreement, it may impose any terms and conditions on such consent and the Recipient will comply with such terms and conditions. A19.0 SEVERABILITY OF PROVISIONS A19.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. Any invalid or unenforceable provision will be deemed to be severed. A20.0 WAIVER A20.1 Waiver in Writing. Either Party may, in accordance with the Notice provision set out in Article A17.0 (Notice), ask the other Party to waive an obligation under the Agreement. A20.2 Waiver Applies. Any waiver a Party grants in response to a request made pursuant to section A20.1 (Waiver in Writing) will: (a) be valid only if the Party granting the waiver provides it in writing; and (b) apply only to the specific obligation referred to in the waiver. Page 466 of 611 Town of Tillsonburg and Ontario CTGP TPA A21.0 INDEPENDENT PARTIES A21.1 Parties Independent. The Recipient 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. A22.0 ASSIGNMENT OF AGREEMENT OR FUNDS A22.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A22.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on the Parties’ respective heirs, executors, administrators, successors, and permitted assigns. A23.0 GOVERNING LAW A23.1 Governing Law. The 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 the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A24.0 FURTHER ASSURANCES A24.1 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 the Agreement to their full extent. A25.0 JOINT AND SEVERAL LIABILITY A25.1 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 the Agreement. Page 467 of 611 Town of Tillsonburg and Ontario CTGP TPA A26.0 RIGHTS AND REMEDIES CUMULATIVE A26.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the 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. A27.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A27.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (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 for such period as the Province determines appropriate. A28.0 SURVIVAL A28.1 Survival. The following Articles, sections and paragraphs, and all applicable cross-referenced Articles, sections, paragraphs, schedules and sub-schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Articles 1.0 (Entire Agreement), 2.0 (Conflict or Inconsistency), 3.0 (Counterparts), and A1.0 (Interpretation and Definitions) and any other applicable definitions, paragraphs A2.1(a) and A4.2(d), sections A4.5 (Interest), A4.6 (Rebates, Credits and Refunds), A4.7 (Recipient’s Acknowledgement of Responsibility for Project), A4.8 (Disclosure of Other Financial Assistance and Adjustments), A5.2 (Disposal), A5.3 (Contract Provisions), A7.1 (Preparation and Submission) to the extent that the Recipient has not provided the Reports or other reports as may have been requested to the satisfaction of the Province, A7.2 (Record Maintenance), A7.3 (Inspection), A7.4 (Disclosure), A7.5 (No Control of Records), A7.6 (Auditor General), A7.7 (Inspection and Audit of Contracts), A7.8 (Due Diligence), A7.9 (Recipient’s Audits), Articles A8.0 (Communications Requirements and Information Sharing) and A9.0 (Indemnity), sections A11.2 (Consequences of Termination on Notice by the Province), A12.2 (Consequences of Termination Where No Appropriation Page 468 of 611 Town of Tillsonburg and Ontario CTGP TPA or Reduced Ministerial Funding Levels), A12.3 (No Additional Funds), and A13.1 (Events of Default), paragraphs A13.2(d), (e), (f), (g) and (h), Articles A15.0 (Funds Upon Expiry of Agreement), A16.0 (Debt Due and Payment), A17.0 (Notice), and A19.0 (Severability of Provisions), section A22.2 (Agreement Binding), Articles A23.0 (Governing Law), A25.0 (Joint and Several Liability), A26.0 (Rights and Remedies Cumulative), and A27.0 (Failure to Comply with Other Agreements), and this Article A28.0 (Survival). Page 469 of 611 Town of Tillsonburg and Ontario CTGP TPA SCHEDULE “B” PROJECT SPECIFIC INFORMATION Maximum Funds $1,457,732.00 Contact information for the purposes of Notice to the Province Position: Manager, Strategic Transit Investments Office Address: Strategic Investments and Programs Branch Ontario Ministry of Transportation 777 Bay Street, 30th Floor Toronto ON M7A 2J8 Phone: 416-710-5616 Fax: 416-585-7343 Email: CTProgram@ontario.ca Contact information for the purposes of Notice to the Recipient Position: Director of Operations Address: 200 Broadway, Suite 204, Tillsonburg, Ontario, N4G 5A7 Phone: 519-688-3009 ext. 2232 Fax: 519-842-9431 Email: kdeleebeeck@tillsonburg.ca Authorized representative of the Province for the purpose of Section 4.3 (Execution of Amending Agreements - Exceptions) Position: Director, Strategic Investments and Programs Address: Strategic Investments and Programs Branch Ontario Ministry of Transportation 777 Bay Street, 30th Floor Toronto ON M7A 2J8 Phone: 416-585-7637 Fax: 416-585-7343 Email: CTProgram@ontario.ca Authorized representative of the Recipient for the purpose of Section 4.3 (Execution of Amending Agreements - Exceptions) Position: Chief Administrative Officer Address: 200 Broadway, Suite 204, Tillsonburg, Ontario, N4G 5A7 Phone: 519-688-3009 ext. 3227 Fax: 519-842-9431 Email: dcalder@tillsonburg.ca Page 470 of 611 Town of Tillsonburg and Ontario CTGP TPA SCHEDULE “C” PROJECT DESCRIPTION, BUDGET AND TIMELINES C1.0 PROJECT DESCRIPTION, BUDGET AND TIMELINES C1.1 Project Description. The Recipient will carry out the Project as described in Sub-schedule “C.1” (Project Description). C1.2 Budget. The Recipient will carry out the Project in accordance with the Budget in Sub-schedule “C.2” (Project Budget). C1.3 Timelines. The Recipient will carry out the Project within the Timelines in Sub- schedule “C.3” (Project Timelines). Page 471 of 611 Town of Tillsonburg and Ontario CTGP TPA SUB-SCHEDULE “C.1” PROJECT DESCRIPTION C.1.1.0 PROJECT DESCRIPTION C.1.1.1 Project Description. The Project includes a Local Project or an Intercommunity Project, or both. C.1.1.2 Description and Scope of Service of Intercommunity Project or Local Project (a) If the Project includes an Intercommunity Project, the Intercommunity Project will be as described in Table C.1.1.2 (a) (Intercommunity Project Summary) and, at a minimum, will meet the following service requirements: (i) offer a fixed route service with regular scheduled stops in municipalities in addition to the Recipient municipality; (ii) operate five days per week, where feasible; (iii) offer two return trips per day, where feasible, or a minimum of one return trip per day; (iv) use a vehicle or vehicles with 10 or more passenger seats; and (v) charge fares, as determined by the Recipient, to cover a portion of the costs of the services provided, up until the Completion Date. Table C.1.1.2 (a): Intercommunity Project Summary Intercommunity Project Expected Date of Service January 2020 Description The Town of Tillsonburg will implement an Intercommunity Project comprised of four intercommunity bus routes as follows: Page 472 of 611 Town of Tillsonburg and Ontario CTGP TPA Route 1: Tillsonburg to Woodstock and Ingersoll Loop This inter-city service will operate using two buses to provide the core service between Tillsonburg and Woodstock, with connections in South West Oxford, Norwich, and Ingersoll. The service will run on several loops throughout the day, with schedules aligned when possible, to other services such as Woodstock Transit, VIA Rail and Greyhound. There are two planned phases for this service: • Phase 1: will be to run the Tillsonburg to Woodstock service on three return runs per day, five days per week. This phase will be implemented in January 2020. • Phase 2: will be implemented in January 2022, increasing service as needed to provide four runs per day, five days a week. This will support various connection schedules within Oxford and Norfolk Counties. The route will begin at Tillsonburg Centre moving along Broadway Street (Highway 19) to Tillsonburg Hospital. The route will then continue as follows: • Broadway Street (Northbound) to Highway 19 and Ostrander Road (Stop) • Ostrander Road (County Road 19) through Springford (Stop) and Otterville (Stop) • Highway 59 to Norwich (Stop) • Continue north and then west on Highway 59 through Burgessville (Stop) into Woodstock • Highway 59 to Juliana Drive to Woodstock Hospital (Stop) • North on Finkle Street to Henry Street (Via Rail Station) • East on Henry Street to Wilson Street to Dundas Street and Woodstock Transit Terminal (Stop) • County Road 9 to Beachville (Stop) and Centreville (Stop) • Thames Street North to Via Rail Station (Stop) • Thames Street South to Nixon to Ingersoll Hospital (Stop) The bus will continue on to Tillsonburg through South West Oxford, while the second bus makes the same trip in the opposite direction. • Highway 19 to Mt. Elgin (Stop) • County Roads 18 and 10 to Brownsville (Stop) • County Road 20 to Delmer (Stop) • Delmer and Hawkins Road to Tillsonburg • Tillsonburg Hospital and Town Centre (Stop) The total one-way distance of this route is approximately 115 kilometres. The municipalities served by this route include Tillsonburg, Norwich, South West Oxford, Woodstock and Ingersoll. The service will provide connections to Woodstock Transit, VIA Rail and Greyhound Bus Lines. Page 473 of 611 Town of Tillsonburg and Ontario CTGP TPA The service will use a 10-seat wheelchair accessible bus. Phase 1 of this service will provide three runs per day, five days per week. Phase 2 of this service will provide 4 runs per day five days per week. Fares ($5-$10) will be available on-board, at the Livingston Centre in Tillsonburg as well as other locations that will be finalized prior to the launch of the service. Route 2: Connection to Ride Norfolk A second route will be implemented in January 2020, which connects Tillsonburg with Norfolk County residents who have indicated a transportation need to go into Tillsonburg, a service not currently provided by Ride Norfolk. This route will also connect with Ride Norfolk two days a week in Courtland and Delhi. Depending on demand, it may be deemed necessary to add service on another day. Based on current demand by Tillsonburg residents, this is likely to include Friday service to Delhi. Monday Service: Tillsonburg to Langton and Courtland Wednesday Service: Tillsonburg to Delhi, Langton and Courtland The route will begin at Tillsonburg Centre, moving along Broadway (Highway 19) to Tillsonburg Hospital. The route will then continue as follows: • Highway 3 to Delhi (Stop) • Highway 3 to Highway 59 to Langton (Stop) • Highway 59 to Courtland (Stop) • Highway 3 to Tillsonburg Centre and Tillsonburg Hospital The total one-way distance of this route is approximately 48 km for Monday service and 68 km for Wednesday service, depending on integration with Ride Norfolk system. Municipalities served by this service will include Tillsonburg and Norfolk County, and connections will be provided to the Ride Norfolk service. The service will utilize a 10-seat wheelchair accessible bus. Service will be provided three times a day on Mondays and Wednesdays and likely include Friday service based on current demand. Fares ($5-$10) will be available on-board, at the Livingston Centre in Tillsonburg as well as other locations that will be finalized prior to the launch of the service. Page 474 of 611 Town of Tillsonburg and Ontario CTGP TPA Route 3: Tillsonburg to the Municipality of Bayham This route will connect Tillsonburg with Straffordville, Vienna, and Port Burwell in the Municipality of Bayham. The intent of this run is to provide general service to Bayham residents into Tillsonburg for accessing community and social services. Additional runs and stops may be added depending on demand for employment access. This route works for residents of both municipalities in accessing employment. Employment opportunities for Tillsonburg residents are just outside of T:GO’s service area, but are important for residents in accessing and maintaining gainful employment. The schedule will relate with the Route 2 connection with Ride Norfolk, as it is the goal to use the same bus to perform both routes. The route will begin at Tillsonburg Centre and run as follows: • Highway 19 to Straffordville • Continue along Highway 19 to Vienna • Continue along Highway 19 to Port Burwell The return trip will take the same route back. Municipalities served will include Tillsonburg and Bayham (includes the communities of Straffordville, Vienna, and Port Burwell). Service will be provided with three return trips per day, two days per week, with possible extension to three days per week, or daily depending upon demand for employment transit. Fares ($5-$10) will be available on-board or at the Bayham Municipal Offices. Route 4: Woodstock Hospital to Victoria Hospital, London Ontario Transportation to London, via Woodstock Hospital, will be phased in by January 2020. The identified need for Oxford County residents is to connect to London hospitals for specialist appointments, as well as visiting friends and families who have been transferred to London. Implementation of this particular service will depend on the availability and convenience of existing services that connect Oxford County to London, such as Greyhound and VIA Rail. Furthermore, some community agencies provide volunteer, medical transportation to London. As the inter-city connections build in the first two years of the Pilot Program, on-going surveys and review of requests will determine the type, and level of service available to Oxford residents. Connections will be provided to and from Woodstock Hospital via Route 1 as follows: • The route will begin at Woodstock Hospital • Highway 2 to County Road 7 Page 475 of 611 Town of Tillsonburg and Ontario CTGP TPA • Thames St. South to Noxon St. to Ingersoll Hospital (Stop) • County Road 119 to Highway 401 to Highbury North • Commissioners Road to Victoria Hospital The total one-way distance of this route is approximately 65 kilometres. Municipalities to be served by this service include Tillsonburg, Norwich, South West Oxford, Woodstock, and Ingersoll. Connections will be provided to Tillsonburg, South West Oxford, Norwich via Route 1; London Transit, and Victoria Hospital. The service will be provided with two return trips per day twice a week, increasing to three trips per day and potentially three times a week depending on demand. Fares ($10-$15) will be available on-board, at the Livingston Centre in Tillsonburg as well as other locations that will be finalized prior to the launch of the service. (b) If the Project includes a Local Project, the Local Project will be as described in Table C.1.1.2 (b) (Local Project Summary) and each community organization the Recipient identified in its application for funding under the Program: (i) is, and will continue to be for the term of the Agreement, incorporated; (ii) has been in operation for at least one year prior to February 28, 2018; and (iii) will participate in the Project as described in the Recipient’s application for funding up until the Completion Date. Table C.1.1.2 (b): Local Project Summary Local Project Expected Date of Service N/A Description N/A Page 476 of 611 Town of Tillsonburg and Ontario CTGP TPA SUB-SCHEDULE “C.2” PROJECT BUDGET Page 477 of 611 Town of Tillsonburg and Ontario CTGP TPA SUB-SCHEDULE “C.3” PROJECT TIMELINES C.3.0 TIMELINES C.3.1 Timelines for Services. The Recipient will provide the community transportation services under the Project starting no later than one year after the Effective Date and, at a minimum, up until the Completion Date. C.3.2 Work Plan(s). The Recipient will carry out the Project in accordance with the following work plan(s): Table C.3.2 (a): Intercommunity Project Work Plan Project Work Plan Order Key Milestone Project Tasks Start Date End Date Responsibility 1. Engage Transit Coordinator Hire/contract transit coordinator 2019/05 2023/03 The Recipient 2. Retain transit consulting services • Assist with route review & consultation process • Assist with schedule development • Assist with request for proposals (RFP) development and award evaluation • Assist with marketing strategy and communications plan • Assist with establishing performance measures and monitoring program 2019/06 2021/03 Recipient staff, Transit Coordinator Page 478 of 611 Town of Tillsonburg and Ontario CTGP TPA Project Work Plan Order Key Milestone Project Tasks Start Date End Date Responsibility 3. Route review & consultation • Consult with municipal planning & public works departments and confirm bus stop locations • Confirm route schedule and connections timing 2019/07 2019/08 Recipient Staff, Transit Coordinator, Consultant 4. RFP – bus contractor • Prepare RFP for operation of transit system • RFP issued for bid • Award RFP 2019/08 2019/09 2019/11 2019/09 2019/10 2019/11 Recipient Staff, Transit Coordinator, Consultant 5. Marketing & communications • Finalize fare structure, brochures, website, contact number, etc. • Promotion of new service, public information centres, etc. 2019/09 2019/11 2019/10 2019/12 Recipient Staff, Transit Coordinator, Consultant 6. Project launch • Route 1 – Oxford South - Phase 1 - Phase 2 • Route 2 & 3 Norfolk/Bayham • Route 4 – London 2020/01 2022/01 2020/01 2020/01 2023/03 2023/03 2023/03 2023/03 Recipient Staff, Transit Coordinator, Consultant 7. Project monitoring & reporting • Track key performance measures • Monitor/analyze statistics • Reporting as required under the Agreement 2020/01 2023/03 Recipient Staff, Transit Coordinator, Consultant Page 479 of 611 Town of Tillsonburg and Ontario CTGP TPA Table C.3.2 (b): Local Project Work Plan [N/A] Page 480 of 611 Town of Tillsonburg and Ontario CTGP TPA SCHEDULE “D” ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES D1.0 DEFINITION D1.1 Definition. In this Schedule “D” (Eligible Expenditures and Ineligible Expenditures): “Ineligible Expenditures” means the costs of the Project that are ineligible for funding by the Province under the Agreement, and that are further described in Article D3.0 (Ineligible Expenditures). D2.0 ELIGIBLE EXPENDITURES D2.1 Scope of Eligible Expenditures (a) Eligible Expenditures are the expenditures that are directly related to and necessary for the successful implementation and operation of the Project. (b) Non-capital Eligible Expenditures can accrue as of April 30, 2018 and up until the Completion Date, or up until another date agreed upon by the Province in writing and at its sole discretion. Non-capital Eligible Expenditures include items (a) to (m), (o), and (p) under section D.2.3 (Eligible Expenditures), and may include, at the Province’s sole discretion, item (q) under that section. (c) Capital Eligible Expenditures can accrue as of the Effective Date and up until the Completion Date, or up until another date agreed upon by the Province in writing and at its sole discretion. Capital Eligible Expenditures include item (n) under section D.2.3 (Eligible Expenditures), and may include, at the Province’s sole discretion, item (q) under that section. (d) No expenditures, including an expenditure that would have otherwise been eligible for funding under the Agreement, incurred outside of any of the periods set out in paragraphs D2.1 (b) or (c) will be eligible for payment under the Agreement. D2.2 Required Documentation. Eligible Expenditures must be documented through paid invoices or original receipts, or both, satisfactory to the Province. D2.3 Eligible Expenditures. Provided that the requirements under section D2.1 (Scope of Eligible Expenditures) and D2.2 (Required Documentation) are met, Eligible Expenditures may, at the Province’s sole discretion, include: Page 481 of 611 Town of Tillsonburg and Ontario CTGP TPA (a) Salary and benefits of staff/consultants hired/retained for the planning, implementation and operation of the Local Project(s) or Intercommunity Project(s), or both, and for no other purpose; (b) Costs of consultant services retained for the sole purpose of assisting the Recipient and community organization(s) in the implementation of the Local Project(s) or Intercommunity Project(s) bus routes, or both (e.g., to assist in the implementation of information technology or the facilitation of cooperative initiatives between the Recipient and the community organizations or the design of intercommunity routes, service frequencies and locations of bus stops); (c) Costs of consultant/facilitation services retained for the sole purpose of assisting the Recipient in developing and building partnerships with community organizations or other municipalities that are part of the Project; (d) Administrative costs directly related to the planning, implementation or operation of the Project, not exceeding 10% of the Maximum Funds; (e) Purchase, implementation and operation costs of a contact number or website, or both; (f) Purchase, implementation/installation and licensing costs for software or hardware, or both; (g) Procurement of community transportation services or intercommunity transportation services from a service provider (e.g., vehicles, drivers, booking and dispatch services) that are part of the Project; (h) Legal services for the drafting of legal agreements related to the Project; (i) Costs of holding, facilitating or attending meetings/consultation, events/workshops with community transportation organizations or partner municipalities, or both, for the Project or for the purpose of learning, networking and information exchange that is related to the Project; (j) Training costs related to the implementation or operation of the Project; (k) Ontario-only travel and accommodation costs directly related to the Project. Those costs must align with the Government of Ontario’s Travel, Meal and Hospitality Expenses Directive; (l) Facilities costs of centralizing functions or operations of the Project, including the costs of securing locations for pick-up and drop-off of passengers; Page 482 of 611 Town of Tillsonburg and Ontario CTGP TPA (m) Public outreach, communications materials and activities to promote the Project and service; (n) Vehicle leases or purchases (accessible vehicles must comply with Reg. 629 – Accessible Vehicles, R.R.O. 1990, under the Highway Traffic Act, R.S.O. 1990, c. H.8.); (o) Permits and fees required for vehicles used for the community transportation or any long-distance service components of the Project; (p) Equipment, supplies, materials, and services associated with the implementation and operation of the Project; and (q) Any other costs which, in the opinion and at the sole discretion of the Province, are considered necessary for the completion of the Project and for which the Province has provided its prior written consent prior having been incurred. D3.0 INELIGIBLE EXPENDITURES D3.1 Scope of Ineligible Expenditures. Unless a cost is considered an Eligible Expenditure pursuant to Article D2.0 (Eligible Expenditures), in the opinion and at the sole discretion of the Province, such cost will be considered an Ineligible Expenditure. Without limitation, the following costs will be considered Ineligible Expenditures: (a) Cash prizes or direct subsidies to individuals that are not related to community transportation services; (b) Food and beverages; (c) Refundable goods and services tax, pursuant to the Excise Tax Act, R.S.C. 1985, c. E. 15, or other refundable expenses; (d) Deficit reduction; (e) Costs funded or reimbursed by an entity other than the Province under the Agreement; (f) Costs for which the Recipient has received, will receive, or is eligible to receive a rebate, credit or refund; (g) Amortization or depreciation expenses associated with capital assets acquired with Funds; Page 483 of 611 Town of Tillsonburg and Ontario CTGP TPA (h) Salary, benefits, and costs of staff/consultants hired/retained by the Recipient who, in addition to work/services for the Project, carry out work/services for the Recipient other than for the Project; and (i) Any other costs, as determined by the Province from time to time and at its sole discretion. Page 484 of 611 Town of Tillsonburg and Ontario CTGP TPA SCHEDULE “E” CLAIM AND PAYMENT PROCEDURES E1.0 CLAIMS E1.1 Claim. The submission of the documents listed under the “Documents Required for Payments” column for each payment in Sub-schedule “E.1” (Payment Plan for Milestones and Reporting Schedule) constitutes a claim for that payment. E2.0 SUBMISSION OF CLAIMS AND PAYMENT PLAN E2.1 Timing for Submission of Claims and Payment Amounts. The timing for the submission of and the payment amount for each claim under the Agreement are set out in Sub-schedule “E.1” (Payment Plan for Milestones and Reporting Schedule). E2.2 Conditions for Milestone Payments. The payment of Funds will be conditional upon the Province having first received: (a) for each payment, the documents specified for that payment under the “Documents Required for Payment” column in Sub-schedule “E.1” (Payment Plan for Milestones and Reporting Schedule); and (b) for the payment 3A, and any subsequent payment, evidence that the community transportation service(s) under the Project is/are 100% implemented. For the payments 3A to 3D, the Province, at its sole discretion, may pay the amount for the Local Project separately from the Intercommunity Project. E2.3 Claim Payments. Subject to the terms and conditions set out in the Agreement including, without limitation, any necessary appropriation from the Ontario Legislature and ministerial funding levels in respect of transfer payments, 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 the timelines set out in Sub-schedule “E.1” (Payment Plan for Milestones and Reporting Schedule). For greater clarity, the Recipient agrees that the timelines set out in Sub-schedule “E.1” (Payment Plan for Milestones and Reporting Schedule) are estimates only and, despite the Province using reasonable efforts, there may be delays in payments. E2.4 No Interest. The Province will under no circumstances be liable for interest for failure to make a payment within the estimated timelines set out in Sub-schedule “E.1” (Payment Plan for Milestones and Reporting Schedule). Page 485 of 611 Town of Tillsonburg and Ontario CTGP TPA E3.0 SUBMISSION OF CLAIMS E3.1 Time Limit for Submission of Claims. In addition to meeting the requirements in section E2.2 (Conditions for Milestone Payments), the Recipient is required to submit all claims for payment within 180 days of the Completion Date. The Province will have no obligation to pay a claim after this date. E4.0 ADDITIONAL INFORMATION E4.1 Additional Information upon the Province’s Request. The Province may, at its sole discretion, request additional information from the Recipient prior to processing any payment. E4.2 Timing for the Submission of Additional Information. The Recipient will, unless the Province otherwise agrees upon in writing and at its sole discretion, provide any information the Province requests under section E.4.1 (Additional Information upon the Province’s Request) within 30 days of the request. Page 486 of 611 Town of Tillsonburg and Ontario CTGP TPA SUB-SCHEDULE “E.1” PAYMENT PLAN FOR MILESTONES AND REPORTING SCHEDULE Documents Required for Payment (in addition to the certificate of insurance and copy of the by- law(s) and, if applicable, resolution(s)) Timelines for the Submission of the Documents Required for Payment Payment No. and Maximum Payment Amount Estimated Timelines for Payment (subject to all necessary approvals having been received) Funding Year 1: April 30, 2018 to March 31, 2019 Non-capital Costs Project status report (PSR), if applicable, as described in Sub- schedule “F.1” (Project Status Report); Interim financial report (IFR), if applicable, as described in Sub- schedule “F.2” (Interim and Final Financial Reports); and Project performance report (PPR), if the service is 100% implemented on or before October 1, 2018, as described in Sub- schedule “F.3” (Project Performance Reports) Within 60 days after the Effective Date 1A. $0.00 Within 60 days of the receipt of the documents required for Funding Year 1 (listed in the 1st column of this row) Page 487 of 611 Town of Tillsonburg and Ontario CTGP TPA Documents Required for Payment (in addition to the certificate of insurance and copy of the by- law(s) and, if applicable, resolution(s)) Timelines for the Submission of the Documents Required for Payment Payment No. and Maximum Payment Amount Estimated Timelines for Payment (subject to all necessary approvals having been received) Funding Year 2: April 1, 2019 to March 31, 2020 Non-capital Costs Project status report (PSR), if applicable, as described in Sub- schedule “F.1” (Project Status Report); Interim financial report (IFR), if applicable, as described in Sub- schedule “F.2” (Interim and Final Financial Reports); and Project performance report (PPR), if the service is 100% implemented on or before October 1, 2018, as described in Sub- schedule “F.3” (Project Performance Reports) Within 60 days after the Effective Date 2A. $55,839.50 Within 60 days of the receipt of the documents required for Funding Year 2 (listed in the 1st column of this row) 2B. $55,839.50 Within 150 days of the receipt of the documents required for Funding Year 2 (listed in the 1st column of this row) 2C. $55,839.50 Within 240 days of the receipt of the documents required for Funding Year 2 (listed in the 1st column of this row) 2D. $55,839.50 Within 330 days of the receipt of the documents required for Funding Year 2 (listed in the 1st column of this row) Mid-year Project report using a form provided by the Province On or before October 31, 2019 Page 488 of 611 Town of Tillsonburg and Ontario CTGP TPA Documents Required for Payment (in addition to the certificate of insurance and copy of the by- law(s) and, if applicable, resolution(s)) Timelines for the Submission of the Documents Required for Payment Payment No. and Maximum Payment Amount Estimated Timelines for Payment (subject to all necessary approvals having been received) Capital Costs Copy(ies) of the paid invoice(s) for capital purchases, including vehicles; and Request for payment form for capital costs using a form provided by the Province Within 30 days of the issuance of the paid invoice(s) 2X. $0.00 Within 60 days of the receipt of a copy of the documents required for the payment 2X (listed in the 1st column of this row) Funding Year 3: April 1, 2020 to March 31, 2021 Non-capital Costs Project status report (PSR) as described in Sub-schedule “F.1” (Project Status Report); Interim financial report (IFR) as described in Sub-schedule “F.2” (Interim and Final Financial Reports); and Project performance report (PPR), if the service is 100% implemented on or before October 1, 2019, as described in Sub- schedule “F.3” (Project Performance Reports) On or before the later of April 30, 2020 or within one year from the Effective Date 3A. $99,702.00 Within 60 days of the receipt of the documents required for Funding Year 3 (listed in the 1st column of this row) 3B. $99,702.00 Within 150 days of the receipt of the documents required for Funding Year 3 (listed in the 1st column of this row) 3C. $99,702.00 Within 240 days of the receipt of the documents required for Funding Year 3 (listed in the 1st column of this row) 3D. $99,702.00 Within 330 days of the receipt of the documents required for Funding Year 3 (listed in the 1st column of this row) Page 489 of 611 Town of Tillsonburg and Ontario CTGP TPA Documents Required for Payment (in addition to the certificate of insurance and copy of the by- law(s) and, if applicable, resolution(s)) Timelines for the Submission of the Documents Required for Payment Payment No. and Maximum Payment Amount Estimated Timelines for Payment (subject to all necessary approvals having been received) Mid-year Project report using a form provided by the Province On or before October 31, 2020 Capital Costs Copy(ies) of the paid invoice(s) for capital purchases, including vehicles; and Request for payment form for capital costs using a form provided by the Province Within 30 days of the issuance of the paid invoice(s) 3X. $0.00 Within 60 days of the receipt of a copy of the documents required for the payment 3X (listed in the 1st column of this row) Funding Year 4: April 1, 2021 to March 31, 2022 Non-capital Costs Interim financial report (IFR) as described in Sub-schedule “F.2” (Interim and Final Financial Reports); Project performance report (PPR) as described in Sub- schedule “F.3” (Project Performance Reports); and Service sustainability plan (SSP) as described in Sub-schedule “F.4” On or before April 30, 2021 4A. $99,263.00 Within 60 days of the receipt of the documents required for Funding Year 4 (listed in the 1st column of this row) 4B. $99,263.00 Within 150 days of the receipt of the documents required for Funding Year 4 (listed in the 1st column of this row) 4C. $99,263.00 Within 240 days of the receipt of the documents required for Funding Year 4 (listed in the 1st column of this row) Page 490 of 611 Town of Tillsonburg and Ontario CTGP TPA Documents Required for Payment (in addition to the certificate of insurance and copy of the by- law(s) and, if applicable, resolution(s)) Timelines for the Submission of the Documents Required for Payment Payment No. and Maximum Payment Amount Estimated Timelines for Payment (subject to all necessary approvals having been received) (Service Sustainability Plan) 4D. $99,263.00 Within 330 days of the receipt of the documents required for Funding Year 4 (listed in the 1st column of this row) Mid-year Project report using a form provided by the Province On or before October 31, 2021 Capital Costs Copy(ies) of the paid invoice(s) for capital purchases, including vehicles; and Request for payment form for capital costs using a form provided by the Province Within 30 days of the issuance of the paid invoice(s) 4X. $0.00 Within 60 days of the receipt of a copy of the documents required for the payment 4X (listed in the 1st column of this row) Funding Year 5: April 1, 2022 to March 31, 2023 Non-capital Costs Interim financial report (IFR) as described in Sub-schedule “F.2” (Interim and Final Financial Reports); and Project performance report (PPR) as described in Sub- schedule “F.3” (Project Performance Reports) On or before April 30, 2022 5A. $219,257.00 Within 60 days of the receipt of the documents required for Funding Year 5 (listed in the 1st column of this row) Page 491 of 611 Town of Tillsonburg and Ontario CTGP TPA Documents Required for Payment (in addition to the certificate of insurance and copy of the by- law(s) and, if applicable, resolution(s)) Timelines for the Submission of the Documents Required for Payment Payment No. and Maximum Payment Amount Estimated Timelines for Payment (subject to all necessary approvals having been received) Capital Costs Copy(ies) of the paid invoice(s) for capital purchases, including vehicles; and Request for payment form for capital costs using a form provided by the Province Within 30 days of the issuance of the paid invoice(s) 5X. $0.00 Within 60 days of the receipt of a copy of the documents required for the payment 5X (listed in the 1st column of this row) Program Wrap-up: April 1-April 30, 2023 Non-capital Costs Final financial report as described in Sub- schedule “F.2” (Interim and Final Financial Reports); and Final Project performance report as described in Sub- schedule “F.3” (Project Performance Reports) On or before April 30, 2023 6A. $219,257.00 Within 60 days of the receipt of the documents required for program wrap-up (listed in the 1st column of this row) Page 492 of 611 Town of Tillsonburg and Ontario CTGP TPA SCHEDULE “F” REPORTING AND COMPLIANCE AUDIT F1.0 DEFINITION F1.1 Definition. In this Schedule “F” (Reporting and Compliance Audit): “Generally Accepted Auditing Standards” means Canadian Generally Accepted Auditing Standards as adopted by the Canadian Institute of Chartered Accountants applicable as of the date on which such record is kept or required to be kept in accordance with such standards. F2.0 REPORTS, DOCUMENTS AND SUBMISSION DATES F2.1 Description and Submission Dates. The Recipient will submit to the Province the reports and other documents described in Sub-schedule “E.1” (Payment Plan for Milestones and Reporting Schedule): (a) at the address provided in Schedule “B” (Project Specific Information) for the “Contact information for the purposes of Notice to the Recipient”; and (b) by their respective submission dates. F3.0 COMPLIANCE AUDIT F3.1 Compliance Audit. The Province may, at its sole discretion and within timelines set out by the Province, request that the Recipient carries out a Program compliance audit in accordance with Generally Accepted Auditing Standards and delivers the corresponding compliance audit report(s) within the timelines set out by the Province. F3.2 Compliance Audit Requirements. If the Province requests a Program compliance audit pursuant to section F3.1 (Compliance Audit), the Recipient will retain, at the Recipient’s expense and within the timelines set out by the Province, an accredited external independent auditor(s) to carry out the audit and will deliver any compliance audit report(s) from such audit to the Province within 7 Business Days of the Recipient’s receipt of the report. F3.3 Compliance Audit Objectives. The key objectives of the compliance audit(s) are to: (a) determine whether Funds were expended for the purposes intended and with due regard to economy, efficiency and effectiveness; Page 493 of 611 Town of Tillsonburg and Ontario CTGP TPA (b) determine compliance with the Agreement; (c) ensure that the Project, Reports and other reports, and financial information are complete, accurate and timely, in accordance with the terms and conditions of the Agreement; (d) ensure that information and monitoring processes and systems are sufficient for the identification, capture, validation and monitoring of the service performance measures; (e) assess the overall management and administration of the Project; (f) provide recommendations for improvement or redress; and (g) ensure that prompt and timely corrective action is taken on audit findings. F4.0 PARTICIPATION IN POST-PROGRAM EVALUATION F4.1 Post-program Evaluation Participation. The Recipient will, at the Province’s request and Recipient’s cost, participate in any post-program evaluation events or activities after the Completion Date. F4.2 Post-program Evaluation Description. The post-program evaluation includes: (a) the completion of a survey on the Program and Project outcomes; (b) the participation in information sessions on community transportation to report on the Recipient’s experiences and lessons learnt from the Project, and to provide suggestions for potential changes to the Program administration; and (c) any other items the Province may request be included at the Province’s sole discretion. Page 494 of 611 Town of Tillsonburg and Ontario CTGP TPA SUB-SCHEDULE “F.1” PROJECT STATUS REPORT F.1.1.0 DESCRIPTION OF PROJECT STATUS REPORT F.1.1.1 Timing of Project Status Report. The Recipient will prepare a project status report, as described in this Sub-schedule “F.1” (Project Status Report) and as set out in Sub-schedule “E.1” (Payment Plan for Milestones and Reporting Schedule), for each Local Project and Intercommunity Project once the service(s) for the Local Project or Intercommunity Project is 100% implemented and the service(s) for it is/are made available to the community. F.1.1.2 Content of Project Status Report. The Project status report for each Intercommunity Project and Local Project will: (a) provide confirmation that the service(s) is/are complete; and (b) confirm the actual dates of completion of the tasks described in the work plan(s) submitted. F.1.1.3 Form of the Project Status Reports. Below is an example of the form the Recipient will be required to complete for its Project Status Reports. The Province may, at its sole discretion and at any time, make changes to this form. FORM OF PROJECT STATUS REPORT Name of Recipient: [insert] Report submitted by: [insert] Telephone: [insert] Email: [insert] Submission date: [insert] Page 495 of 611 Town of Tillsonburg and Ontario CTGP TPA Intercommunity Project Status Report [Provide a summary of the service(s) for each Intercommunity Project that is 100% implemented. Include any issues, concerns or challenges with the implementation of community transportation service(s), and the actions taken or to be taken to address them. Also insert information from the Timelines in Sub- schedule “C.3” (Project Timelines). Indicate the Project tasks completed to confirm 100% implementation, the projected dates of completion from the work plan, the actual date of completion, and any comments. If there is no Intercommunity Project involved, then insert N/A.] Milestone No. Key Milestone Project Task Projected Date of Completion Actual Date of Completion Comments Local Project Status Report [Provide a summary of the service(s) for each Local Project that is 100% implemented. Include any issues, concerns or challenges with the implementation of the community transportation service(s), and the actions taken or to be taken to address them. Also insert information from the Timelines in Sub- schedule “C.3” (Project Timelines). Indicate the Project tasks completed to confirm 100% implementation, the projected dates of completion from the work plan, the actual date of completion, and any comments. If there is no Local Project involved, then insert N/A.] Milestone No. Key Milestone Project Task Projected Date of Completion Actual Date of Completion Comments Page 496 of 611 Town of Tillsonburg and Ontario CTGP TPA SUB-SCHEDULE “F.2” INTERIM AND FINAL FINANCIAL REPORTS F.2.1.0 INTERIM FINANCIAL REPORTS F.2.1.1 Content of Interim Financial Reports. The Recipient will prepare interim financial reports, as described in this Sub-schedule “F.2” (Interim and Final Financial Reports) and as set out in Sub-schedule “E.1” (Payment Plan for Milestones and Reporting Schedule). Each report will include a statement of Eligible Expenditures incurred and paid to date, broken down by items. The statement will indicate: (a) the Funding Year; (b) the Funds received; (c) any other funding received, if any, including fare revenues; and (d) an explanation for any unspent Funds. F.2.1.2 Form of the Interim Financial Reports. Below is an example of the form the Recipient will be required to complete for its interim financial reports. The Province may, at its sole discretion and at any time, make changes to this form. FORM OF INTERIM FINANCIAL REPORT Name of Recipient: [insert] Report submitted by: [insert] Telephone: [insert] Email: [insert] Submission date: [insert] Page 497 of 611 Town of Tillsonburg and Ontario CTGP TPA INTERIM FINANCIAL REPORT for Eligible Expenditures from April XX1, XXXX to March 31, XXXX Eligible Expenditures Initial Projected Costs Actual Costs Variance between the Initial Projected Costs and Actual Costs Explanation of Variance TOTAL CONTRIBUTION Source Initial Projected Contribution Actual Contribution Variance Between Initial Projected Contribution and Actual Contribution Explanation of Variance Province Recipient Fares Other TOTAL Difference (Total Actual Contribution minus Total Actual Costs 1. For the first interim financial report, the period will begin on April 30, 2018. For all subsequent interim financial reporting, the period will begin on April 1. Page 498 of 611 Town of Tillsonburg and Ontario CTGP TPA F.2.1.3 Local Project and Intercommunity Project. If Funds are provided for both Local Project(s) and Intercommunity Project(s), the Recipient will provide an interim financial report and a revised budget forecast for each of those. For an Intercommunity Project, fare revenues must be reported against Eligible Expenditures. For a Local Project, should the Recipient choose to collect fares, fare revenues must be reported against Eligible Expenditures. F.2.1.4 Variances. If there are variances or changes in the Budget or the Eligible Expenditures, the interim financial report and revised budget forecast must, in the form provided in section F.2.1.5 (Form of Revised Budget Forecasts), include a revised fiscal forecast of the Budget for each Funding Year with a breakdown of the Eligible Expenditures up to the Completion Date. F.2.1.5 Form of Revised Budget Forecasts. Below is an example of the form the Recipient will be required to complete for its revised budget forecasts. The Province may, at its sole discretion and at any time, make changes to this form. FORM OF REVISED BUDGET FORECASTS REVISED BUDGET FORECAST from April 30, 2018 to March 31, 2023 Eligible Expenditures Initial Projected Costs Revised Projected Costs for Funding Year 1 April 30, 2018 to March 31, 2019 Revised Projected Costs for Funding Year 2 April 1, 2019 to March 31, 2020 Revised Projected Costs for Funding Year 3 April 1, 2020 to March 31, 2021 Revised Projected Costs for Funding Year 4 April 1, 2021 to March 31, 2022 Revised Projected Costs for Funding Year 5 April 1, 2022 to March 31, 2023 TOTAL CONTRIBUTION Province Recipient Fares Other TOTAL CONTRIBUTION Page 499 of 611 Town of Tillsonburg and Ontario CTGP TPA F.2.1.6 Additional Financial Information. The Province may, at its sole discretion, request additional financial information on the Project. F.2.1.7 Actual Costs for Eligible Expenditures. Each interim financial report and revised budget forecast will reflect the actual costs for the Eligible Expenditures incurred and paid and provide an explanation for any variances between the initial projected costs as set out in Sub-schedule “C.2” (Project Budget) and the actual costs of the Eligible Expenditures incurred and paid. F.2.2.0 FINAL FINANCIAL REPORT F.2.2.1 Content of Final Financial Report. The Recipient will prepare a final financial report for each Local Project and Intercommunity Project, in a form provided by the Province. Each final report will include a statement of Eligible Expenditures incurred and paid to date, broken down by items, for each Funding Year. The statement will indicate: (a) the Funds received; (b) any other funding received, if any, including fare revenues; and (c) an explanation for any unspent Funds. F.2.2.2 Form of the Final Financial Report. Below is an example of the form the Recipient will be required to complete for the final financial report. The Province may, at its sole discretion and at any time, make changes to this form. FORM OF FINAL FINANCIAL REPORT Name of Recipient: [insert] Report submitted by: [insert] Telephone: [insert] Email: [insert] Submission date: [insert] Page 500 of 611 Town of Tillsonburg and Ontario CTGP TPA FINAL FINANCIAL REPORT for Eligible Expenditures from April 30, 2018 to March 31, 2023 Eligible Expenditure Initial Projected Costs Actual Costs Variance between the Initial Projected Costs and Actual Costs Explanation of Variance TOTAL CONTRIBUTION Source Initial Projected Contribution Actual Contribution Variance Between Initial Projected Contribution and Actual Contribution Explanation of Variance Province Recipient Fares Other TOTAL Difference (Total Actual Contribution minus Total Actual Costs F.2.2.3 Projected Costs and Actual Costs for Eligible Expenditures. The final financial report will include the initial projected costs as set out in Sub-schedule “C.2” (Project Budget) and the actual costs of the Eligible Expenditures incurred and paid. Page 501 of 611 Town of Tillsonburg and Ontario CTGP TPA F.2.2.4 Variances. The final financial report will include a summary explanation for the variance(s), if any, between the initial projected costs as set out in Sub- schedule “C.2” (Project Budget) and the actual Eligible Expenditures incurred and paid. Page 502 of 611 Town of Tillsonburg and Ontario CTGP TPA SUB-SCHEDULE “F.3” PROJECT PERFORMANCE REPORTS F.3.1.0 CONTENT OF PROJECT PERFORMANCE REPORTS F.3.1.1 The Recipient will, in a form provided by the Province, prepare Project performance reports, as described in this Sub-schedule “F.3” (Project Performance Reports) and as set out in Sub-schedule “E.1” (Payment Plan for Milestones and Reporting Schedule). Each report will include: (a) the service performance in the previous 12-month period; (b) the progress on achieving any performance targets, and the service performance of the previous reporting period, unless reporting on the first year of service for the Project. If Funds are provided for both Local Project(s) and Intercommunity Project(s), the Recipient will report on both the Local Project(s) and Intercommunity Project(s); and (c) in the final performance report, the Recipient will include: a brief description of the community transportation services provided with the Funds, and a summary of benefits and impacts to the community. F.3.1.2 Performance Indicators. The Recipient will report on the performance indicators, in a form provided by the Province and any other performance indicators included in the Recipient’s application to the Program. F.3.1.3 Phases of Service Implementation. If the Project has phases of service implementation, the Recipient will provide the status on the phase of service implementation. F.3.1.4 Form of the Project Performance Reports. Below is an example of the form the Recipient will be required to complete for the Project performance reports. The Province may, at its sole discretion and at any time, make changes to this form. Page 503 of 611 Town of Tillsonburg and Ontario CTGP TPA FORM OF PROJECT PERFORMANCE REPORT Name of Recipient: [insert] Report submitted by: [insert] Telephone: [insert] Email: [insert] Submission date: [insert] Status of later service implementation (as applicable): [insert] Risk factors: [insert] Risk mitigation: [insert] LOCAL PROJECT PERFORMANCE REPORT Performance Indicators (as applicable) Baseline Service Target (as applicable) Service Performance Year 1 2018-19 (as applicable) Service Performance Year 2 2019-20 (as applicable) Service Performance Year 3 2020-21 Service Performance Year 4 2021-22 Service Performance Year 5 2022-23 Total number of passenger trips provided (or boardings) over a 12- month period Total number of clients/ passengers served over a 12-month period Average service hours over a 12- month period Days of the week service is provided Page 504 of 611 Town of Tillsonburg and Ontario CTGP TPA Municipalities the service connects Connections to other transportation services or transportation hubs, or both Target demographic groups served (e.g., seniors, persons with disabilities, youth, etc. [Other performance indicators] INTERCOMMUNITY PROJECT PERFORMANCE REPORT Project Performance Indicators (as applicable) Service Target (as applicable) Service Performance Year 1 2018-19 (as applicable) Service Performance Year 2 2019-20 Service Performance Year 3 2020-21 Service Performance Year 4 2021-22 Service Performance Year 5 2022-23 Total number of passenger trips provided (or boardings) over a 12- month period Total number of clients/ passengers served over a 12-month period Days of the week service is provided Page 505 of 611 Town of Tillsonburg and Ontario CTGP TPA Schedule of service (hours of service and frequency) Municipalities served by the route Connections to other transportation services or transportation hubs, or both Major destinations served (such as hospitals, employment centres, colleges, universities, major retail) Target demographic groups served (e.g., seniors, persons with disabilities, youth, etc.) [Other performance indicators] A. DESCRIPTION OF THE COMMUNITY TRANSPORTATION PROJECT [To be completed at the end of the Project – insert] B. IMPACT AND BENEFITS TO THE COMMUNITY [To be completed at the end of the Project – insert] Page 506 of 611 Town of Tillsonburg and Ontario CTGP TPA SUB-SCHEDULE “F.4” SERVICE SUSTAINABILITY PLAN F.4.1.0 SERVICE SUSTAINABILITY PLAN F.4.1.1 Content of Service Sustainability Plan. The Recipient will prepare and provide to the Province a service sustainability plan, in a form provided by the Province, that describes the strategy to maintain the community transportation service(s) implemented as part of the Project after the Completion Date. The plan will include: (a) funding from other sources to fund the service(s); (b) strategy for fundraising, including from fare revenues to fund the service(s); (c) strategy to work with community organizations to deliver service(s); and (d) service modifications for sustainability. F.4.1.2 Discontinuation of Community Transportation Service(s). In the event the Recipient is unable to maintain the community transportation service(s) implemented as part of the Project after the Completion Date to a level that is the same or above that provided under the Project, the Recipient will provide to the Province, in a form provided by the Province, a description of the strategy it will implement to mitigate the impacts of this change in service on the clients/passengers. F.4.1.3 Local Project and Intercommunity Project. If Funds are provided for both Local Project(s) and Intercommunity Project(s), the plan must address both the Local Project and the Intercommunity Project services. F.4.1.4 Form of Service Sustainability Plan or Mitigation Strategy. Below is an example of the form the Recipient will be required to complete for the service sustainability plan or mitigation strategy. The Province may, at its sole discretion and at any time, make changes to this form. Page 507 of 611 Town of Tillsonburg and Ontario CTGP TPA FORM SERVICE SUSTAINABILITY PLAN Name of Recipient: [insert] Report submitted by: [insert] Telephone: [insert] Email: [insert] Submission date: [insert] Service sustainability plan/Mitigation strategy: [insert] Page 508 of 611 Town of Tillsonburg and Ontario CTGP TPA SCHEDULE “G” COMMUNICATIONS PROTOCOL G1.0 PURPOSE G1.1 Purpose. This Schedule “G” (Communications Protocol) describes the Recipient’s responsibilities and financial obligations involved in communications activities and products to recognize the contributions of the Government of Ontario and the Recipient. G2.0 GENERAL PRINCIPLES G2.1 Joint Communications. The Recipient agrees to undertake joint communications activities and collaborate on products to ensure open, effective, and proactive communications. G2.2 Recognition and Prominence. Unless the Province specifies otherwise, the financial contribution of the Province will receive equal recognition and prominence in Project related communications, including when logos, symbols, flags, and other types of identification are incorporated into events signs. G2.3 Announcements and Ceremonies. All announcements and ceremonies will be organized jointly with equal participation from the Recipient and the Province. G2.4 Electronic Media. All communications through electronic media such as web sites, social media, or management information systems are subject to the terms and conditions of this Schedule “G” (Communications Protocol). G2.5 Communications Protocol and Other Requirements. All events and signage will follow the communications protocols set out in this Schedule “G” (Communications Protocol) and any other requirements that may be specified by the Province from time to time. G2.6 Approval of Province. All communications referencing the Government of Ontario must be submitted a minimum of 15 days in advance and approved by the Province prior to release. G3.0 PROJECT COMMUNICATIONS G3.1 General. All written communications concerning the Agreement and the Project will be prepared in a manner that supports the communications objectives and branding of each Party to the Agreement. Page 509 of 611 Town of Tillsonburg and Ontario CTGP TPA G3.2 Provincial Funding Statement. All public information material made by the Recipient concerning the Agreement and Project will clearly indicate that the Project is funded by the Government of Ontario. G3.3 Project Promotion. (a) The Recipient is responsible for the promotion of its activities and objectives. The Recipient may provide at the Recipient’s discretion, project communications such as: a project web site, print, audiovisual and other communications about the Project as it proceeds. The Recipient will inform the Province of any such promotional communication a minimum of 15 days before it takes place. The Recipient will also ensure appropriate recognition of the Province’s contribution in annual reports, speeches or other opportunities, as appropriate. (b) The Recipient is solely responsible for operational communications including emergency and public safety notices. (c) The Recipient will share information promptly with the Province on significant emerging media and stakeholder issues concerning the Agreement and the Project. The Province will advise the Recipient, where appropriate, about media inquiries. (d) The Recipient and the Province reserve the right to refer to the Funds in their own separate, and non-Project specific communications. Each Party commits to acknowledging the other’s involvement in the Project. (e) The Recipient may provide professional quality audio-visual material about the Project to the Province to support wider communications about the Funds. G4.0 COMMUNICATING WITH THE PUBLIC G4.1 General. (a) The Recipient will provide Notice to and consult with the Province, a minimum of 15 days in advance, about all proposed news releases, social and digital media communications activities, or public announcements relating to the Project. This is to provide the Province with sufficient notice of key communications and, if the Province so desires, the time that is necessary to determine a course of action, line up principals and prepare joint material. Notwithstanding the advance Notice requirement, the Province will not unreasonably withhold its consent if the Recipient must issue a news release or public announcement in less than 15 days due to unforeseeable circumstances, including matters of public safety or the need for emergency response. Page 510 of 611 Town of Tillsonburg and Ontario CTGP TPA (b) The Recipient will advise the Province regularly of upcoming public events or community relations activities relating to the Agreement. The Recipient commits to acknowledging the Province’s involvement. (c) In the event of an election call that affects a riding that the Project is located in, whether federal, provincial or municipal, no public announcements will be permitted. For clarification, this does not include announcements and communications made under paragraph G3.3(b). G4.2 Signing of the Agreement. The Recipient and the Province may issue a joint news release when the Agreement is signed. The Recipient and the Province agree to hold, where appropriate, an official ceremony on this occasion. G4.3 Public Information Kits. The Recipient and the Province may develop joint information kits, brochures, public reports, social and digital content, and web site material to inform the public about the Project. Such material will be prepared in a manner consistent with this Schedule “G” (Communications Protocol) and any core messages developed by the Recipient or the Province. The choice of colour will be neutral in nature and not identified with any political party. G4.4 News Releases. The Recipient and the Province may issue joint news releases at relevant times in the life of the Project. In all such news releases, the Recipient and the Province will receive equal prominence and will mutually agree on the use of quotes from the designated representatives of the Province or the Recipient in the news releases. G4.5 News Conferences, Public Announcements, Official Events or Ceremonies. (a) The Recipient and the Province agree to hold news conferences, public announcements, official events or ceremonies at the request of the other. The designated representative of each of the Recipient and the Province will be provided the opportunity to participate in such news conferences. (b) No public announcement relating to the Project, with the exception of those Notices described in paragraph G3.3(b), will be made by the Recipient without the prior consent of the Province. (c) The Recipient and the Province will cooperate in the organization of announcements or ceremonies. Messages and public statements for such events are to be mutually agreed upon. The Province may recommend special events and ceremonies be held where and when appropriate. Page 511 of 611 Town of Tillsonburg and Ontario CTGP TPA G4.6 Visual Identity Signage for Vehicles Acquired with Funds. The Recipient will install and maintain the exterior and interior visual identity signage, to be provided by the Province, on vehicles for which 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 must be placed on an interior wall in a location and height that will be convenient for passengers to read. G4.7 Advertising. Recognizing that advertising can be an effective means of communicating with the public, subject to the terms of the Agreement, the Recipient or the Province may, at their own costs and upon 90-days Notice carry out Project-related advertising or public information campaign. G4.8 Monitoring and Compliance. The Province will monitor the Recipient’s compliance with this Schedule “G” (Communications Protocol), and may, at its discretion, advise the Recipient of issues and required adjustments. Page 512 of 611 Town of Tillsonburg and Ontario CTGP TPA SCHEDULE “H” DISPOSAL OF VEHICLES ACQUIRED WITH FUNDS H1.1 Notification and Payment if Disposal. The Recipient undertakes to notify the Province in writing, 180 days in advance, if, at any time within 12 years for a conventional transit vehicle or 5 years for a specialized transit vehicle acquired with Funds or for which Funds were provided, the Recipient proposes to sell, lease, or otherwise dispose of the vehicle in a manner other than as described in the Agreement. Upon disposal of the vehicle and unless the Province otherwise consents in writing and at its sole discretion, the Recipient will return the funds arising from the sale, lease or otherwise disposal to the Province. H1.2 Disposal to the Province, Local Government or Crown Agency. Despite section H1.1 (Notification and Payment if Disposal), the payment obligations set out in section H1.1 (Notification and Payment if Disposal) do not apply if a vehicle is disposed of to the Province, a Local Government or a Crown agency of the Government of Ontario. H1.3 Vehicle Replacement. Notwithstanding the foregoing, if any vehicle described in section H1.1 (Notification and Payment if Disposal) is sold, leased or otherwise disposed of during the 12-year period for conventional vehicles or a 5-year period for a specialized vehicle, and replaced to meet technical or operational requirements of the Recipient with a vehicle of equal or greater value, the Recipient may, in lieu of the repayment set out in section H1.1 (Notification and Payment if Disposal) and with the Province’s prior written consent, reinvest the proceeds from the disposal into the replacement vehicle. Page 513 of 611 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 4327 A BY-LAW To Adopt a Flag Policy and to Repeal By-Law 3769. WHEREAS Section 270(1) of the Municipal Act, 2001 states that a municipality shall adopt and maintain policies with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public. AND WHEREAS it is deemed necessary and expedient to repeal By-Law 3769. AND WHEREAS the Council of the Corporation of the Town of Tillsonburg is desirous of adopting the Flag Policy. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT the Flag Policy attached hereto as “Schedule A” is hereby adopted and forms part of this by-law; 2. THAT By-Law 3769 passed October 28, 2019 is hereby repealed in its entirety; 3. THAT this By-Law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 12th day of AUGUST, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 12th day of AUGUST, 2019. ___________________________ MAYOR – Stephen Molnar ______________________________ DEPUTY CLERK – Lana White Page 514 of 611 Policy 8-005 Page 1 of 5 MEDIA AND PUBLIC RELATIONS Policy 8-005: Flag Policy Approval Date: August 12, 2019 Approval Authority: Council, By-Law 4327 Effective Date: August 12, 2019 Next Scheduled Review Year: 2023 Department: Clerk’s Office Last reviewed: August 12, 2019 Revision Date/s: October 28, 2013 (By-Law 3769) Schedules: POLICY STATEMENT There is a need to provide the Town of Tillsonburg with a clear set of guidelines on the procedures of flying and half-masting flags. PURPOSE This policy will establish clear guidelines to govern the raising, displaying, and half- masting of flags at the Town of Tillsonburg properties and buildings to ensure the Town's practices are exercised in a consistent and appropriate manner. SCOPE This policy applies to all flags flown by the Town of Tillsonburg. GENERAL This policy shall be administered by the Clerk's Office. This policy shall be referred to as the "Tillsonburg Flag Policy". This policy comes into force and effect on the date adopted. AUTHORITY The authority for the Tillsonburg Flag Policy shall be by the approval of the Council of the Town of Tillsonburg. POLICY 1. General Flag Protocol 1.1. The National Flag of Canada should be treated with dignity and respect and should always be displayed in the position of priority and not displayed in a position inferior to any other flag. Page 515 of 611 Policy 8-005 Page 2 of 5 1.2. When two or more flags are flown together, the Canadian Flag should be on the left as seen by spectators in front of the flags; if a number of countries are represented; the Canadian Flag may be flown at each end of the line of flags. 1.3. When three flags are flown together, the Canadian Flag should occupy the central position, with the next ranking flag to the left and third ranking to the right, as seen by the spectators in front of the flags. 1.4. Where more than one flag is flown and it is impossible to hoist or lower at the same time; the Canadian Flag should be hoisted first and lowered last. 1.5. When flags are displayed on an angle such that the centre flag is higher than the other flags, the Canadian flag is flown in the centre. 1.6. No more than one flag shall be flown on any mast at one time. 1.7. The National Flag of Canada must never touch the ground when being raised or lowered. 1.8. Flags shall be maintained in good condition and repaired or replaced at any sign of damage or major discolouration. 1.9. When a flag is no longer in a suitable condition for use, it should be destroyed in a dignified way. 2. Flags at Half-mast 2.1. All flags maintained by the Town of Tillsonburg, capable of being lowered, will be flown at half-mast as a sign of official mourning or commemoration. Section 4 lists all flags maintained by the Town. 2.2. On occasions requiring a flag be flown at half-mast, all flags flown together should also be flown at half-mast. 2.3. Flags flown at municipal buildings and facilities will be flown at half-mast when the Town has been notified upon the death of:  The Sovereign, or a member of the Royal Family;  The Governor General, or a former governor general;  The Prime Minister, or a former prime minister;  The Lieutenant Governor of Ontario or the Premier of Ontario;  A local Member of Federal or Provincial Parliament;  The Mayor, or a former Mayor of Tillsonburg;  A Member of Town Council or a former member of Town Council;  A member of Canadian Forces from the Town of Tillsonburg (born in the Town of Tillsonburg, or has made the Town of Tillsonburg a home);  An Emergency Medical Services (EMS) worker in the Province of Ontario, fallen in the line of duty 2.4. Upon notice of the death of any Firefighter in the Province of Ontario, fallen in the line of duty, the flags at the Fire Hall shall be flown at half-mast. 2.5. Flags flown at municipal buildings and facilities shall be lowered to a half-mast position from sunrise to sunset to observe the following days:  April 28, Day of Mourning for Persons Killed or Injured in the Workplace (Workers' Mourning Day);  Last Sunday in September, Police and Peace Officers' National Memorial Day, unless Half-masting occurs near the place where a memorial is being Page 516 of 611 Policy 8-005 Page 3 of 5 observed, then Half-masting can occur according to the prescribed order of service, until sunset;  December 6, National Day of Remembrance and Action on Violence Against Women. 2.6. Each Remembrance Day, November 11th, the flags at the Cenotaph will be half-mast at 11:00 a.m., or according to the prescribed order of service. 2.7. Flags may also be flown at half-mast as a result of a significant event or circumstance. Should such an occasion arise, the Town Clerk (or designate) will consult with the Mayor and the CAO. A joint decision will be made by the CAO and the Mayor as to whether any flags at Town facilities should be flown at half-mast, and if so, the extent and duration. 2.8. Upon notice of the death of an individual noted in above Section 2.3 or 2.4, flags shall be flown at half-mast from the time of death notification until the morning after the memorial service, or a week, whichever comes first. 2.9. During periods of half-mast, flags are still raised to full mast on Victoria Day and Canada Day. 2.10. Each flag is brought to the half-mast position by raising it to the top of the mast and immediately lowering it slowly to half-mast. 2.11. In the event of multiple flags being flown together, all will be flown at half-mast. The half-mast position will depend on the height of the flagpole itself; however, the flag should be lowered to the approximated centre position of the flagstaff not to be confused as a flag that has accidentally fallen. 2.12. When half-masting has been deemed appropriate based on section 2.3, 2.4, or 2.8 above, the Town Clerk or designate will be notified and in turn will notify the following:  The Senior Leadership Team;  Parks and Facilities Manager;  Town Council, and;  Media by way of the Town website 3. Flags Raising For Awareness 3.1. Requests for raising flags to increase Public awareness will be considered, upon request, by the Mayor and CAO for charitable, community, and ethnic groups. 3.2. Requests shall not be approved;  For political parties or political organizations;  For religious organizations or the celebration of religious events;  For celebrations, campaigns or events with no direct relationship to the Town of Tillsonburg;  If the intent is contrary to Municipal policies or by-laws;  If the intent is to defame the integrity of Council;  If the intent is to support discrimination, hatred, violence or prejudice. 3.3. All requests for flag flying must be made to the Clerk’s Office four (4) weeks prior to the requested date, in writing, and include the following information: 3.3.1. Name of the requesting organization or individual; 3.3.2. Contact information; Page 517 of 611 Policy 8-005 Page 4 of 5 3.3.3. Details of requested event or occasion including date(s); 3.3.4. Explanation of the purpose of the event or occasion; 3.3.5. Picture of the flag to be flown; and 3.3.6. Description of the applicant organization or individual including a brief history, and any other relevant information. 3.4. A charitable, community, or ethnic group flag will be flown for an appropriate period determined by the Mayor and CAO, but not exceeding one week. 3.5. An organization’s flag shall be flown no more than once per calendar year. Organizations shall be required to submit flag flying requests on an annual basis. 3.6. Approvals shall be based on a first come first served basis, based on the date the request is received by the Clerk’s Office. 3.7. The Town reserves the right to schedule a flag raising based on the availability of flag poles. 3.8. Flags shall only be raised and lowered on those business days that Town Hall is open. 3.9. Individuals and organizations requesting flag flying are required to provide the flag to be raised. Flags may be no larger than 1.83 meters (6ft) in width and 0.91 meters (3ft) in height. 3.10. The charitable, community, or ethnic group flag will be flown in place of the Town of Tillsonburg Flag at the South Broadway Park. The National Flag of Canada will be flown at all times. 3.11. Notification to the media and advertising related to flag flying is the responsibility of the requesting party. 3.12. The Town is not responsible for damaged or lost flags. 3.13. In the event there is a dispute between an organization and the Town as to the eligibility of a request, the appeal process shall be through the Municipal Council having full and final say as to whether or not the request to fly a flag will be granted. 3.14. Council shall be informed of all requests and approvals for flag flying. There will be no presentations or delegations at Town Council with respect to flag flying requests. Page 518 of 611 Policy 8-005 Page 5 of 5 4. Town of Tillsonburg Flag Locations LOCATION FLAG RESPONSIBILITY CHANGE METHOD South Broadway Park Canada RCP Key or rope Union Jack RCP Key or rope Ontario RCP Key or rope Tillsonburg RCP Key or rope Cenotaph Canada RCP Key or rope Union Jack RCP Key or rope Ontario RCP Key or rope Tillsonburg RCP Key or rope Veteran's Walkway Canada RCP Key or rope Union Jack RCP Key or rope Ontario RCP Key or rope Annandale NHS Canada RCP Key or rope Community Centre S Canada RCP Key or rope Community Centre N Canada RCP Key or rope Fire Hall Canada Fire Key or rope Airport Canada Airport Key or rope Tillsonburg Airport Key or rope Ontario Airport Key or rope Customer Service Canada RCP Key or rope Tillsonburg RCP Key or rope Operations Canada Public Works Ladder Cemetery Canada RCP Key or rope Canada RCP Key or rope Page 519 of 611 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 4328 A BY-LAW to amend By-Law 4251, being a Schedule of Fees for Certain Municipal Applications, Services and Permits in the Town of Tillsonburg. WHERAS it is deemed necessary and expedient to amend By-Law 4251 to include the fare structure for the In-Town Transit Service. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT Schedule A to By-Law 4251, shall be amended to include the following fare structure: SCHEDULE A Fare Structure In-Town Transit Service Item 2018 Fee 2019 Fee % Change Tax Unit In-Town Transit Service - Fare Rates Ticket - Adult - Single Ride $2.50 NEW HST exempt Single Ride Ticket - Adult - 10 Ride Pass $20.00 NEW HST exempt 10 Ride Pass Ticket - Adult - Day Pass $8.00 NEW HST exempt Day Pass Ticket - Adult - Monthly Pass $60.00 NEW HST exempt Monthly Pass Ticket - Seniors (60+) - Single Ride $2.00 NEW HST exempt Single Ride Ticket - Seniors (60+) - 10 Ride Pass $16.00 NEW HST exempt 10 Ride Pass Ticket - Seniors (60+) - Day Pass $6.00 NEW HST exempt Day Pass Ticket - Seniors (60+) - Monthly Pass $48.00 NEW HST exempt Monthly Pass Ticket - Students - Single Ride $2.00 NEW HST exempt Single Ride Ticket - Students - 10 Ride Pass $16.00 NEW HST exempt 10 Ride Pass Ticket - Students - Day Pass $6.00 NEW HST exempt Day Pass Ticket - Students - Monthly $48.00 NEW HST exempt Monthly Pass Ticket - Child (5 and under) - Single Ride FREE NEW Single Ride Ticket - Child (5 and under) - 10 Ride Pass FREE NEW 10 Ride Pass Ticket - Child (5 and under) - Day Pass FREE NEW Day Pass Ticket - Child (5 and under) - Monthly Pass FREE NEW Monthly Pass Ticket - Support Person - Single Ride FREE NEW Single Ride Ticket - Support Person - 10 Ride Pass FREE NEW 10 Ride Pass Ticket - Support Person - Day Pass FREE NEW Day Pass Ticket - Support Person - Monthly Pass FREE NEW Monthly Pass Ticket - Veteran - Single Ride FREE NEW Single Ride Ticket - Veteran - 10 Day Pass FREE NEW 10 Day Pass Ticket - Veteran - Day Pass FREE NEW Day Pass Ticket - Veteran - Monthly Pass FREE NEW Monthly Pass 2. THAT this By-Law shall come into full force and effect upon the day of final passing. READ A FIRST AND SECOND TIME THIS 12th DAY OF August, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF August, 2019 ________________________________ MAYOR – Stephen Molnar _______________________________ DEPUTY CLERK – Lana White Page 520 of 611 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 4331 A BY-LAW to enter in an Airport Hanger Land Lease Agreement with Dan Springer. WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an Airport Hanger Land Lease Agreement with Dan Springer for the construction of a 5,100 square foot hanger at the Tillsonburg Regional Airport along the recently approved northerly extension of Taxiway G3. NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. THAT the lease agreement attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached lease agreement on behalf of the Corporation of the Town of Tillsonburg; 3. This By-Law shalI come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 12th DAY OF AUGUST, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF AUGUST, 2019. ________________________________ MAYOR – Stephen Molnar ________________________________ DEPUTY CLERK – Lana White Page 521 of 611 Page 522 of 611 Page 523 of 611 Page 524 of 611 Page 525 of 611 Page 526 of 611 Page 527 of 611 Page 528 of 611 Page 529 of 611 Page 530 of 611 Page 531 of 611 Page 532 of 611 Page 533 of 611 Page 534 of 611 Page 535 of 611 Page 536 of 611 Page 537 of 611 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 4332 A BY-LAW to Execute the Connecting Link Contribution Agreement with Her Majesty The Queen In Right of Ontario. WHEREAS the Government of Ontario has created the Connecting Links Program to provide funding to help municipalities construct and repair roads and bridges on designated Connecting Links; AND WHEREAS subsection 21(1) of the Public Transportation and Highway Improvement Act, R.S.O. 1990, c. P.50, as amended from time to time, (hereinafter referred to as, the “Act”) states that the Minister of Transportation may designate a highway or part of a highway as a Connecting Link between parts of the King’s Highway or as an extension of the King’s Highway, to be constructed and maintained by the Recipient road authority having jurisdiction over the highway; AND WHEREAS subsection 21(2) of the Act states that every such highway remains under the jurisdiction and control of the road authority; AND WHEREAS subsection 44(1) of the Municipal Act, 2001 S.O. 2001, c. 25, s. 485(1) as amended from time to time, states that a municipality that has jurisdiction over the highway or bridge shall keep it in a state of repair that is reasonable in the circumstances, including the character and location of the highway or bridge; AND WHEREAS the highway named in Schedule “A” to this Agreement is a highway under the jurisdiction and control of the Recipient and has been designated as a Connecting Link or as an extension to the Connecting Link by the Minister of Transportation in accordance with the subsection 21(1) of the Act; AND WHEREAS subsection 116(1)(a) of the Act states that the Minister of Transportation may enter into agreements for the purpose of the Act, including agreements related to among other things the design and construction of any highway or bridge; AND WHEREAS subsection 116(2) of the Act states that any such agreement may provide that a proportion of the costs arising from the agreement be paid out of the monies appropriated therefor by the Legislature; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION 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 Clerk be hereby authorized to execute the attached agreement on behalf of the Corporation of the Town of Tillsonburg; 3. This By-Law shalI come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 12th DAY OF AUGUST, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF AUGUST, 2019. ________________________________ MAYOR – Stephen Molnar ________________________________ DEPUTY CLERK – Lana White Page 538 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 1 of 44 CONNECTING LINKS PROGRAM CONTRIBUTION AGREEMENT BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Transportation (“Ontario”) – and – THE CORPORATION OF THE TOWN OF TILLSONBURG (the “Recipient”) WHEREAS the Government of Ontario has created the Connecting Links Program to provide funding to help municipalities construct and repair roads and bridges on designated Connecting Links; AND WHEREAS subsection 21(1) of the Public Transportation and Highway Improvement Act, R.S.O. 1990, c. P.50, as amended from time to time, (hereinafter referred to as, the “Act”) states that the Minister of Transportation may designate a highway or part of a highway as a Connecting Link between parts of the King’s Highway or as an extension of the King’s Highway, to be constructed and maintained by the Recipient road authority having jurisdiction over the highway; AND WHEREAS subsection 21(2) of the Act states that every such highway remains under the jurisdiction and control of the road authority; AND WHEREAS subsection 44(1) of the Municipal Act, 2001 S.O. 2001, c. 25, s. 485(1) as amended from time to time, states that a municipality that has jurisdiction over the highway or bridge shall keep it in a state of repair that is reasonable in the circumstances, including the character and location of the highway or bridge; AND WHEREAS the highway named in Schedule “A” to this Agreement is a highway under the jurisdiction and control of the Recipient and has been designated as a Connecting Link or as an extension to the Connecting Link by the Minister of Transportation in accordance with the subsection 21(1) of the Act; AND WHEREAS subsection 116(1)(a) of the Act states that the Minister of Transportation may enter into agreements for the purpose of the Act, including agreements related to among other things the design and construction of any highway or bridge; Page 539 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 2 of 44 AND WHEREAS subsection 116(2) of the Act states that any such agreement may provide that a proportion of the costs arising from the agreement be paid out of the monies appropriated therefor by the Legislature; AND WHEREAS the Recipient has applied to the Connecting Links Program for funding to assist the Recipient in carrying out the Project and Ontario wishes to provide funding for the Project; AND WHEREAS the Recipient is eligible to receive funding under the Connecting Links Program to undertake a Project; NOW THEREFORE, in accordance with the principles set out above, the mutual covenants and agreements herein and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledges, the Parties hereby agree as follows: SECTION 1 INTERPRETATION 1.1 Definitions. For the purposes of this Agreement, the following terms shall have the following meanings described below. “Act” means the Public Transportation and Highway Improvement Act, R.S.O. 1990, c.P.50, as amended from time to time. “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. “Adjust the Funds” means Ontario’s right to adjust, without limitation, liability, costs or penalty any Funds provided to the Recipient in respect of the Project under this Agreement. “Agreement” means this agreement between Ontario and the Recipient, including all Schedules attached hereto. “Arm’s Length” has the meaning given to it under the Income Tax Act (Canada) as in effect on the Effective Date of this Agreement. “Auditor General” means the Auditor General of Ontario. “BPSAA” means the Broader Public Sector Accountability Act, 2010 (Ontario). “Bridge” means a public bridge, and includes a bridge forming part of a highway or on, over, under or across which a highway passes. “Business Day” means any day on which the Government of Ontario offices are generally open for business in the Province of Ontario. “Communications Protocol” means the protocol set out under Schedule “F” of this Agreement. “Conflict of Interest” includes any and all circumstances where the Recipient or any Person who has the capacity to influence the Recipient’s decisions has outside commitments, relationships or Page 540 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 3 of 44 financial interests that could, or could be seen, to interfere with the Recipient’s objective, unbiased and impartial judgment relating to the Project or this Agreement. “Connecting Link” means the highway named in Schedule “A” to this Agreement that is a highway under the jurisdiction of the Recipient and has been designated as a connecting link or as an extension of a King’s Highway by the Minister pursuant to subsection 21(1) of the Act. “Connecting Links Program” means the program administrated by the Ministry of Transportation to provide funding for the costs of the Connecting Link in accordance with the Act and the Connecting Links Program Guide. “Connecting Links Program Guide” means the Ministry’s document, entitled “Ministry of Transportation Connecting Links Program Guide,” as amended from time to time by the Ministry, that describes the Ministry’s Connecting Link Program. “Contractor” means any third-party contractor that the Recipient retains to undertake any part of the work related to the construction of the Project. “Consultant” means any third-party consultant, engineer, Project manager, architect or other service provider, as the case may be, the Recipient retains to undertake any part of the work related to the Project. “Contract” means a contract between the Recipient and a third party at Arm’s Length whereby the latter agrees to provide a good or service for the Project in return for financial consideration that may be claimed as an Eligible Cost. “Crown Agency” means a Crown Agency as defined in the Crown Agency Act (Ontario). “Effective Date” means the date set out at Part B.1 of Schedule “B” of this Agreement. “Eligible Costs” means the costs described in Part D.1 of Schedule “D” of this Agreement. “End of Funds Date” means the date set out in Part C.3 of Schedule “C” of this Agreement. “Event of Default” has the meaning given to it in section 15 of this Agreement. “Expiration Date” means the date set out in Part B.4 of Schedule “B” of this Agreement. “FIPPA” means the Freedom of Information and Protection of Privacy Act (Ontario). “First Nation” means a band, as defined under section 2(1) of the Indian Act (Canada). “Fiscal Year” means the period beginning April 1st in any year and ending on March 31st of the following year. “Funds” means the total amount of funding Ontario is providing in Canadian currency to the Recipient under this Agreement, subject to the terms and conditions of this Agreement. “Highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, trestle or any other structure incidental thereto, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. Page 541 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 4 of 44 “Indemnified Party” means Her Majesty the Queen in Right of Ontario, Her Ministers, directors, officers, agents, appointees, servants and employees. “Ineligible Costs” means the costs described under Part D.2 of Schedule “D” of this Agreement. “King’s Highway” means a highway designated as a King’s Highway by the Lieutenant Governor in Council pursuant to the Act. “Maximum Funds” means the amount set out under Part C.1 of Schedule “C” of this Agreement. “Minister” means the Minister of Transportation. “Ministry” means the Ministry of Transportation and any employees employed therewith. “Ontario” means Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation or any other Minister who may have authority to administer this Agreement, unless the context indicates otherwise. “Parties” means Ontario and the Recipient. “Party” means either Ontario or the Recipient, as the case may be. “Project” means the Work to be performed for the project described in Schedule “A” of this Agreement. “Project Completion Date” means the date set out in Part B.3 of Schedule “B” of this Agreement. “PSSDA” means the Public Sector Salary Disclosure Act, 1996 (Ontario). “Reports” means the reports set out in section 13 of this Agreement and set out in Schedule “G” of this Agreement. “Requirements of Law” means all applicable statutes, codes, acts, ordinances, orders, approvals, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licenses, authorizations, directions and agreements with all authorities that now or at any time hereafter may relate to the Recipient, the Project 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 statutes, the BPSAA, the PSSDA and other type of broader public sector accountability statutes are deemed to be Requirements of Law. “Substantial Completion” has the same meaning as “substantially performed”, as defined under section 2(1) of the Construction Lien Act (Ontario). “Term” means the period of time beginning on the Effective Date of this Agreement and ending on the Expiration Date or the termination of this Agreement, whichever is shorter. “Work” includes the goods and services to be performed to design, construct and reconstruct the Connecting Link and such other work described in the Connecting Links Program Guide consistent and necessary for the Project. 1.2 Reference To Statute Or Regulation. Any reference to a statute is to such statute and to the regulations made pursuant to such statute as such statute and regulations may at any Page 542 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 5 of 44 time be amended or modified and in effect and to any statute or regulations that may be passed that have the effect of supplanting or superseding such statute or regulations. 1.3 Singular/Plural And Gender Terms. Each definition in this Agreement using a singular capitalized term or other word or phrase shall also apply to the plural form and such term, word or phrase and vice versa. All references to the masculine gender shall include reference to the feminine or neuter gender and vice versa in each case as the context may permit or require. 1.4 Pronouns. Each use in this Agreement of a neuter pronoun shall be deemed to include the masculine and feminine variations thereof and vice versa and a singular pronoun shall be deemed to include a reference to the plural pronoun and vice versa in each case as the context may permit or require. 1.5 Sections And Other Headings. The section and other headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. 1.6 Recitals. The recitals to this Agreement do not form a part of the Agreement. 1.7 Accounting Terms, Calculations And Submission Of Financial Data. All accounting terms not defined in this Agreement shall have the meanings usually ascribed to them. All calculations will be made and all financial data to be submitted will be prepared in accordance with the applicable accepted accounting principles in effect in Ontario. SECTION 2 THE AGREEMENT 2.1 The Agreement. The Agreement includes this document and the following Schedules attached to this document, as such Schedules may be amended from time to time in accordance with this Agreement. Schedule “A” Project Description “B” Operational Requirements Under The Agreement “C” Financial Information For The Project “D” Eligible And Ineligible Costs “E” Aboriginal Consultation Requirements “F” Communications Protocol “G” Reporting Requirements 2.2 Conflict. In the event of a conflict between any of the documents that form part of this Agreement, the conflict shall be resolved in the following descending order: (a) This document; and (b) The Schedules attached to this document. 2.3 Expiration Date Of Agreement. This Agreement shall expire on the Expiration Date, unless amended or terminated prior to this date in accordance with this Agreement. Page 543 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 6 of 44 SECTION 3 GENERAL ROLES AND RESPONSIBILITIES OF THE PARTIES UNDER THE AGREEMENT 3.1 Provision Of Funds. Ontario agrees, subject to the terms and conditions of this Agreement to provide up to the Maximum Funds to the Recipient in accordance with Schedule “C” of this Agreement. The Recipient is solely responsible for securing any additional funding, if needed, to complete the Project. The Recipient must have such funding or have secured access to the funding prior to commencing the Project. Ontario may require proof that funding has been secured for the Project before providing any Funds under this Agreement. 3.2 Ontario’s Role Under Agreement Strictly Limited To Providing Funds. The Recipient acknowledges and agrees that Ontario’s role is strictly limited to providing Funds and that Ontario will have no other involvement in the Project or its subsequent maintenance and operation. Ontario is not a manager, decision-maker nor an advisor to the Recipient in relation to the Project. Notwithstanding the generality of the foregoing and without limitation, the fact that Ontario may conduct performance reviews and/or audits as provided for hereinafter or issues directions under the terms and conditions of this Agreement shall not be construed by the Recipient as Ontario having a management, decision-making or advisory role. The Recipient further agrees that the Recipient will not seek to include Ontario as a decision-maker, advisor or manager of the Project through recourse to a third party, court, tribunal or arbitrator. 3.4 Funds Limited To Specific Project. The Recipient shall only use the Funds being provided under this Agreement towards Project, as described in Schedule “A” of this Agreement. The Recipient further agrees that it will not make any changes to the Project, as described in Schedule “A” of this Agreement, without first obtaining Ontario’s prior written consent. 3.5 Responsibility For Project. The Recipient acknowledges and agrees that the Recipient, as opposed to Ontario, is solely responsible for the undertaking, implementation, completion, operation and/or maintenance of the Project. The Recipient further agrees that the Recipient will not seek to hold Ontario responsible for the undertaking, implementation, completion, operation and/or maintenance of the Project through recourse to a third party, court, tribunal or arbitrator. 3.6 Project Completion. The Project shall be Substantially Completed by the Project Completion Date. 3.7 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; (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. 3.8 Asset Retention. The Recipient shall comply with Part B.6 of Schedule “B” of this Agreement as it relates to the retention of any assets purchased, rehabilitated or built with Funds being provided under this Agreement. Page 544 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 7 of 44 3.9 Behavior Of Recipient. The Recipient shall carry out any Project in an economical and business-like manner, in accordance with the terms and conditions of this Agreement, subject to any reasonable amendments Ontario may agree to or require from time to time in writing. 3.10 Ontario Not Responsible For Recipient Obtaining Permits Or Approvals. For greater certainty, the Parties acknowledge and agree 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 the Project or to meet any terms or conditions under this Agreement 3.11 Ontario May Impose Additional Conditions On The Recipient. Ontario may impose, at any time, such additional terms or conditions on the Recipient in terms of the Recipient’s operations that relate to the use of any Funds which Ontario, acting reasonably, considers appropriate for the proper expenditure and management of the Funds. For greater certainty, any additional terms or conditions Ontario 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. SECTION 4 FUNDS 4.1 Use Of Funds. Any Funds being provided under this Agreement shall only be used for the payment of Eligible Costs for the Project. 4.2 Deposit Of Funds In Interest-Bearing Account At Canadian Financial Institution. The Recipient shall deposit and retain any Funds being provided under this Agreement in an interest-bearing account in the name of the Recipient at a Canadian financial institution in Canada. 4.3 Interest Earned By Recipient. The Recipient shall report to Ontario the amount of any interest earned on any Funds provided to the Recipient under this Agreement in accordance with Reports set out under Schedule “G” of this Agreement. The Recipient shall, unless otherwise directed by Ontario, only use any interest earned on the Funds for Eligible Costs for the Project. 4.4 Cost Must Be An Eligible Cost. For a cost to be considered an Eligible Cost and therefore eligible to be paid from the Funds being provided under this Agreement, the cost must be specifically set out under Part D.1 of Schedule “D” of this Agreement. 4.5 Ineligible Costs Shall Not Be Covered Under Agreement. Any costs set out in Part D.2 of Schedule “D” of this Agreement are Ineligible Costs and shall not be eligible to be paid from the Funds being provided under this Agreement. 4.6 Ontario May Declare Costs To Be Eligible. Despite section 4.4 of this Agreement, but subject to section 4.5 of this Agreement, costs not specifically set out in Part D.1 of Schedule “D” of this Agreement may be deemed in writing to be an Eligible Cost by Ontario, in its sole and absolute discretion on a case-by-case basis. 4.7 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, Page 545 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 8 of 44 Ontario may, in its sole and absolute discretion, Adjust the Funds being provided under this Agreement. 4.8 Repayment Of Funds. The Recipient shall repay Funds to Ontario where: (a) The Recipient has used the Funds for a purpose not agreed to by Ontario; (b) The Recipient still has Funds under its charge, management or control upon the expiry or termination of this Agreement; and (c) The Recipient receives an overpayment by Ontario and is notified by Ontario of said overpayment, within twenty (20) Business Days of receiving a written demand from Ontario, after which the outstanding amount may be subject to interest charges in accordance with section 16.17 of this Agreement. Where the Recipient receives an overpayment and has not received a notice from Ontario in regards to that overpayment, the Recipient shall notify Ontario of the overpayment within twenty (20) Business Days of becoming aware of the overpayment. 4.9 Insufficient Funds Provided By Legislature. If, in the opinion of the Minister, the Ontario Legislature does not provide sufficient funds to continue the Funds for any Fiscal Year which this Agreement is in effect, Ontario may immediately, without any liability, cost or penalty and without any prejudice to any other rights or remedies Ontario has under this Agreement or at law or equity, terminate this Agreement. 4.10 Ontario May Adjust The Funds. Despite any other provision in this Agreement, Ontario may Adjust the Funds being provided under this Agreement without liability, cost or penalty. 4.11 Funds Are Part Of Social Or Economic Program. The Recipient acknowledges and agrees that any Funds provided under this Agreement is 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. SECTION 5 PAYMENT UNDER AGREEMENT 5.1 Eligibility Of Costs Or Expenses. In order for a cost or expense to be eligible to be paid from the Funds being provided under this Agreement, the cost or expense: (a) Must be reasonable; (b) Must be directly related to the Project; (c) Must be an Eligible Cost; (d) Must not be an Ineligible Cost; and (e) Must, subject to sections 4.4 and 4.5 of this Agreement, have been incurred on or after July 15, 2019 and prior to the Project Completion Date. 5.2 Payment Of Funds. Subject to all terms and conditions of this Agreement, Ontario shall pay any Funds to the Recipient in accordance with Part C.4 of Schedule “C” of this Agreement. 5.3 Conditions Precedent For Payment Of Funds. Despite section 5.2 and Part C.4 of Schedule “C” of this Agreement, Ontario may withhold the payment of any Funds to the Recipient without liability, costs or penalty until the Recipient has met the following conditions precedent: Page 546 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 9 of 44 (a) The Recipient has provided evidence that the insurance required by section 8.1 of this Agreement has been obtained within ten (10) Business Days of Ontario’s request; (b) The Recipient has provided Ontario with any requested information within ten (10) Business Days of Ontario’s request; and (c) The Recipient has not or is not meeting any duty to consult with Aboriginal Groups requirements set out under this Agreement. 5.4 Withholding Payment Of Funds. Ontario may, in its sole and absolute discretion, withhold the payment of any Funds to the Recipient under this Agreement without liability, costs or penalty where: (a) Ontario is of the opinion that the Project is not progressing in accordance with how other Projects of a similar size and scope would progress under similar circumstances; and (b) Ontario is of the opinion that the Recipient is, without limitation, not in compliance with any other agreements that the Recipient has entered into with Her Majesty the Queen in Right of Ontario where Ontario may be providing financial assistance to the Recipient, directly or indirectly, under that agreement. Where Ontario withholds the payment of any Funds to the Recipient, the following shall apply: (i) Ontario has complete and absolute discretion to determine whether the Recipient is in compliance with the terms or conditions of any other funding agreements, such as the Ontario Community Infrastructure Fund, whereby the Recipient is receiving, directly or indirectly, funding from Ontario; (ii) Ontario shall continue to withhold any payments of any Funds to the Recipient under this Agreement until the Recipient has come into compliance with the terms and conditions of any other agreement whereby the Recipient receives, directly or indirectly, funding from Ontario; and (iii) Ontario agrees that it will act reasonably when applying this section 5.4 of the Agreement and shall promptly notify the Recipient of any determinations made by Ontario with respect to the application of this section 5.4 of the Agreement. SECTION 6 RECIPIENT’S REPRESENTATIONS, WARRANTIES, COVENANTS, ACKNOWLEDGEMENTS AND AGREEMENTS 6.1 Recipient’s Representations, Warranties And Covenants. The Recipient represents, warrants and covenants that: (a) It validly exists as a legal entity, and will continue to exist for the Term of the Agreement, with full power to perform and observe all of the terms and conditions of this Agreement and that it will continue to validly exist until the Expiration Date of this Agreement; (b) It has the authority and any necessary approvals to enter into this Agreement and to carry out its terms and conditions and that it is not bound by any other agreement that would in any way interfere with Ontario’s rights under this Agreement; (c) Where applicable, it has passed the requisite by-laws to undertake any Project in which Funds are directed; Page 547 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 10 of 44 (d) It is conducting its business in accordance with all Requirements of Law and it shall continue to conduct its business in accordance with all Requirements of Law until the Expiration Date of this Agreement; (e) It has all permits, approvals, licenses, certificates or other similar documents that are required to carry out any Project to which Funds are directed or that it will apply for all permits, approvals, licenses, certificates or other similar documents before carrying out the Project; and (f) All information provided to Ontario in relation to any Funds being provided under this Agreement remains true, correct and complete as of the date this Agreement is signed in every material respect, except as set out to the contrary herein. 6.2 Additional Covenants. The Recipient undertakes to advise Ontario within five (5) Business Days of the occurrence during the Term of this Agreement of any actions, suits or other proceedings which could or would prevent compliance with the terms and conditions of this Agreement. 6.3 Recipient Shall Provide Proof Of Compliance Upon Ontario’s Request. The Recipient shall, upon receiving a written notice from Ontario, provide to Ontario with proof of the matters referred to in sections 6.1 to 6.2 of this Agreement within the time period set out in the notice. Despite section 5.2 and Part C.4 of Schedule “C” of this Agreement, and without limiting the generality of section 5.3 of this Agreement, Ontario may withhold the payment of any Funds under this Agreement without liability, costs or penalty until the Recipient provides Ontario with proof of its compliance with the matters referred to in sections 6.1 to 6.2 of this Agreement. Ontario may also, despite anything else in this Agreement and without limiting any remedies Ontario may have under this Agreement, at law or equity, Adjust the Funds if the Recipient is not in compliance with the matters referred to in sections 6.1 to 6.2 of this Agreement at any time during the Term of this Agreement. SECTION 7 CONFLICT OF INTEREST AND CONFIDENTIALITY 7.1 No Conflicts Of Interest. The Recipient shall 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. 7.2 Disclosure Of Conflict Of Interest Situations. The Recipient shall: (a) Disclose to Ontario, 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 Ontario may impose as a result of the disclosure. 7.3 Ontario Bound By FIPPA. The Recipient acknowledges that the provisions of the FIPPA and its regulations bind Ontario. Page 548 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 11 of 44 SECTION 8 INSURANCE 8.1 Recipient Shall Have Insurance. The Recipient shall put in effect and maintain until the Expiration Date of this Agreement at its own expense or arrange for its Consultant or Contractor to have all necessary insurance that would be considered appropriate for the Project and shall ensure that there is Commercial General Liability Insurance, for third party bodily injury, personal injury and property damage to an inclusive limit of not less than the amount indicated in Part B.2 of Schedule “B” of this Agreement per occurrence with insurers with an A.M. Best rating of B+ or equivalent. The Commercial General Liability Insurance policy shall include: (a) The Indemnified Party as an additional insured with respect to liability arising in the course of performance of the Recipient's obligations under, or otherwise in connection with, the Agreement; (b) A cross-liability clause; (c) Contractual Liability coverage; (d) Products and Completed Operations Liability coverage; (e) Employers Liability; (f) Tenants Legal Liability (for premises/building leases only); (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, termination or material change clause. 8.2 Ontario To Have Priority Right On Any Proceeds Of Insurance Policy. The Recipient acknowledges and agrees that Ontario shall have a priority over any other Person, including the Recipient, to use or enjoy the benefits of the proceeds from the insurance required under section 8.1 of this Agreement to pay any claim, suits, judgments, 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 (Ontario) and for any and all liability for damages to property and injury to persons, including death, that may be brought against Ontario as a result of this Agreement. SECTION 9 LIMITATION OF LIABILITY AND INDEMNIFICATION 9.1 Exclusion Of Liability. In no event shall Ontario 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. 9.2 Recipient To Indemnify Ontario. The Recipient shall indemnify and hold harmless the Indemnified Party from and against all suits, judgments, claims, demands, expenses, actions, causes of action and losses, including, without limitation, reasonable legal expenses and any claim for lien made pursuant to the Construction Lien Act (Ontario), and for any and all liability for damages to property and injury to persons, including death, which the Indemnified Party may incur, otherwise than by reason of the Indemnified Party’s own gross negligence or wilful misconduct, as a result of or arising out of or in relation to any breach by the Recipient of the terms of this Agreement, or the Recipient’s own negligence or wilful misconduct, as a result of or arising out of or in relation to: Page 549 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 12 of 44 (a) The performance of this Agreement or the breach of the terms of this Agreement by the Recipient, its officers, servants, employees and agents, or by a third party and any of its officers, employees servants or agents; (b) The ongoing operation, maintenance and repair of the Project; or (c) Any omission or other wilful or negligent act of the Recipient, a third party or their respective employees, officers, servants or agents. 9.3 Further Indemnification Of Ontario. The Recipient further agrees to indemnify and hold harmless the Indemnified Party from any general, compensatory, incidental, indirect, special or consequential damage or any loss of use, revenue or profit which the Indemnified Party may incur or related in any way to this Agreement or the Project in tort, contract or otherwise other than by reason of the Indemnified Party’s own gross negligence or wilful misconduct, as a result of or arising out or in relation to: (a) The performance of this Agreement or any breach of the terms and conditions of this Agreement by the Recipient, its officers, servants, agents, employees and Consultants or by a third party and any of its officers, servants, agents or employees where the third party entered into a Contract with the Recipient in relation to the Project; (b) The ongoing operation, maintenance and repair of the Project; or (c) Any omission or negligent act or misconduct of the Recipient its officers, servants, agents, employees, Contractors and Consultants or by a third party and any of its officers, servants, agents or employees where the third party entered into a Contract with the Recipient in relation to the Project. 9.4 Further Indemnification Requirements. The following are additional requirements related to the Recipient’s indemnification of Ontario: (a) The Recipient shall, at its own expense, to the extent requested by Ontario, participate in or conduct the defence of any proceedings against any Indemnified Party and any negotiations for their settlement; (b) Ontario 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 that Ontario has under this Agreement, at law or in equity. Each Party participating in the defence shall do so by actively participating with the other’s counsel; (c) The Recipient shall not enter into a settlement of any proceeding against an Indemnified Party unless the Recipient has obtained the prior written approval of Ontario. If the Recipient is requested by Ontario to participate in or conduct the defence of any proceeding, Ontario will cooperate with and assist the Recipient to the fullest extent possible in the proceeding and any related settlement negotiations; and (d) If Ontario conducts the defence of any proceedings, the Recipient shall cooperate with and assist Ontario to the fullest extent possible in the proceedings and any related settlement negotiations. 9.5 Recipient To Require Third Parties To Indemnify Ontario. The Recipient shall use all reasonable efforts to ensure that all third parties that the Recipient enters into a Contract with indemnify and hold harmless the Indemnified Party from and against all suits, judgments, claims, demands, expenses actions, causes of action and losses, including, without limitation, reasonable legal expenses and any claim for lien made pursuant to the Construction Lien Act (Ontario), and for any and all liability for damages to property and injury to persons, including death, which the Indemnified Party may incur, otherwise than by Page 550 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 13 of 44 reason of their own negligence or wilful misconduct, as a result of or arising out of or in relation to any breach by the Recipient of the terms of this Agreement, or the Recipient’s own negligence or wilful misconduct, as a result of or arising out of or in relation to: (a) The performance of this Agreement or the breach of the terms of this Agreement by the Recipient, its officers, servants, employees and agents, or by a third party and any of its officers, employees servants or agents; (b) The ongoing operation, maintenance and repair of the Project; or (c) Any omission or other wilful or negligent act of the Recipient, a third party or their respective employees, officers, servants or agents. The Recipient shall also use commercially reasonable efforts to ensure that the terms and conditions set out under section 9.4 of this Agreement are included in any Contracts that the Recipient enters into with any third party. The Recipient further agrees to take and implement any reasonable direction from Ontario in relation to the enforcement or assertion of this section 9.5 of the Agreement as against any third party. 9.6 Recipient To Limit Heads Of Damage As Against Ontario In Contracts With Third Parties. The Recipient shall use commercially reasonable efforts to include in the Recipient’s Contracts with any third party a provision that provides notwithstanding anything else, and in no event whatsoever, shall Ontario be liable to the third party for any incidental, indirect, special or consequential damage or any loss of use, revenue or profit which the Indemnified Party may incur as a result of anything under or related in any way to this Agreement or the Project in tort, contract or otherwise. The Recipient agrees to take and implement any reasonable direction from Ontario in relation to the enforcement of this section 9.6 of the Agreement as against any third party. SECTION 10 ACQUISITION OF GOODS AND SERVICES 10.1 Acquisition. Despite anything else contained in this Agreement, the Recipient shall ensure that all goods and services purchased with any Funds being provided under this Agreement are purchased or acquired in a fair and transparent manner and at competitive prices that are no greater than fair market value after deducting trade discounts and/or any other discounts available to the Recipient. 10.2 Ontario Not Responsible For Claims Under Tender/Bidding Process. Without limiting the generality of section 9.1 of this Agreement, Ontario shall not be responsible for any claim arising from the tender and bidding process in relation to any Project in which Funds are directed. 10.3 Competitive Procurement Process. The Recipient shall acquire and manage its equipment, services and supplies, including any construction component, required for any Project in which Funds are directed through a transparent and fair process that promotes the best value for the Funds expended. Without limiting the generality of the foregoing, where the Recipient is a municipal entity to which the Municipal Act, 2001 (Ontario) is applicable, the Recipient shall follow its procurement policies as required under the Municipal Act, 2001 (Ontario). Where the Recipient is a Local Services Board or any other entity not covered by the Municipal Act, 2001 (Ontario), the Recipient shall ensure that for equipment, services and supplies, the estimated costs of which exceed twenty-five thousand dollars ($25,000.00), the Recipient obtains at least three (3) written quotes unless Ontario gives Page 551 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 14 of 44 prior written approval. The requirement for a competitive process under this section 10.2 of the Agreement may be waived with prior written approval by Ontario, if: (a) The equipment, services or supplies the Recipient is purchasing is specialized and is 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 the equipment, services or supplies purchased. 10.4 BPSAA. For the purposes of clarity, if the Recipient is subject to the BPSAA and there is a conflict between any of the requirements of this Agreement and the requirements of the BPSAA, the BPSAA shall apply. 10.5 Contracts. The Recipient shall 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) Are managed in a way that is transparent, competitive and consistent with value for money principles (e) Require that any third parties thereto comply with all Requirements of Law; and (f) Authorize Ontario to collect, use and disclose in accordance with the Requirements of Law information and data gathered by the third party in connection with Project, perform audits of the third party and monitor the Project as Ontario sees fit. 10.6 Costs Of Contracts Not Awarded In Compliance With This Section May Be Deemed Ineligible. If Ontario determines that the Recipient has awarded a Contract in a manner that is not in compliance with this section 10 of the Agreement, Ontario may, upon written notification to the Recipient, deem the costs associated with the Contract as being ineligible for payment from the Funds. 10.7 Recipient To Keep Records Of Contracts. The Recipient shall keep and maintain proper and accurate accounts and records, including, but not limited to, all Contracts, invoices, statements, receipts and vouchers in relation to the Project for a period of at least seven (7) years after the Term of this Agreement. 10.8 Trade Agreements. If the Recipient is subject to any provincial or federal trade agreements to which Ontario is a party, the Recipient shall 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 shall comply with all applicable requirements of Annex 502.4. In the event of any conflict between the requirements of any other provisions of this section 10 of the Agreement and the requirements of Annex 502.4, the requirements of Annex 502.4 shall apply to the extent of the conflict. SECTION 11 ABORIGINAL CONSULTATION 11.1 Provision Of Funds Dependent Upon Ontario Meeting Its Duty To Consult Obligations. The Recipient hereby acknowledges and agrees that the provision of any Funds under this Agreement is strictly conditional upon Ontario satisfying any obligation it may have to consult Page 552 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 15 of 44 with and, if required, accommodate any Aboriginal Group with an interest in the Project in which Funds are directed in order for the Project to proceed. 11.2 Recipient Ontario’s Delegate For Purposes Of Consultation With Aboriginal Groups. By entering into this Agreement, Ontario delegates the procedural aspects of any consultation obligations Ontario may have with any Aboriginal Group in relation to the Project to the Recipient as set out in Schedule “E” of this Agreement. The Recipient, by signing this Agreement, acknowledges that Ontario has delegated the procedural aspects of any consultation obligations Ontario may have with any Aboriginal Group in relation to the Project and accepts said delegation and agrees to act diligently as Ontario’s delegate so as to preserve the Honour of the Crown in relation to any consultation obligations Ontario may have in relation to the Project. 11.3 Recipient’s Obligations In Relation To Consultations. The Recipient shall: (a) Be responsible for consulting with any Aboriginal Group that has an interest in the Project on behalf of Ontario in accordance with Schedule “E” of this Agreement; (b) Take directions from Ontario in relation to consulting with any Aboriginal Group with an interest in the Project as well as any other directions Ontario may issue in relation to consultations, including suspending or terminating the Project; 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, as set out under Schedule “G” of this Agreement. 11.4 Recipient Shall Not Start Construction On The Project Until Recipient Provides Evidence To Ontario That Notice Of The Project Has Been Given To Identified Aboriginal Groups as Directed by Ontario. The Recipient shall not commence or allow any third party to commence construction on any aspect of the Project for forty-five (45) Business Days, or such other time as Ontario may direct, after it has provided Ontario with written evidence that the Recipient has sent notice about the Project to the Aboriginal Groups identified in accordance with Schedule “E” of this Agreement. SECTION 12 COMMUNICATIONS 12.1 Recipient To Follow Communications Protocol. The Recipient shall follow the Communications Protocol set out under Schedule “F” of this Agreement. SECTION 13 REPORTS 13.1 Reports. The Recipient shall submit the Reports set out in Schedule “G” of this Agreement in accordance with the dates set out for each of those Reports set out in Schedule “G” of the Agreement. The Recipient shall follow such reasonable administrative procedures as Ontario may specify from time to time. 13.2 Additional Reports Upon Request. The Recipient shall, upon Ontario’s request in writing, collect such information and provide such additional reports as Ontario may specify from time to time during the Term of this Agreement. The Recipient shall provide any additional reports within ten (10) Business Days of the request, unless the request provides otherwise. Page 553 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 16 of 44 13.3 Compliance Attestation. The Recipient shall provide a compliance attestation that is signed by the Recipient’s Administrative Officer/Clerk or Treasurer for any reports required under sections 13.1 and 13.2 of this Agreement. SECTION 14 RECORDS, INSPECTION, AUDITS AND THE PROVISION OF INFORMATION 14.1 Recipient’s Obligations Under Agreement. The Recipient: (a) Shall keep and maintain all financial records, receipts, invoices and other financially- related documents relating to any Funds or otherwise in relation to the Project in a manner consistent with generally accepted accounting principles and clerical practices, and shall maintain such records and keep them available for review by Ontario for a period of seven (7) years from the Expiration Date of this Agreement; and (b) Shall maintain all non-financial documents and records relating to any Funds or otherwise to the Project, including any records it receives about the people it serves, in a confidential manner consistent with all Requirements of Law. 14.2 Ontario May Inspect Recipient’s Premises And Projects’ Premises At Any Time. Ontario reserves the right to inspect the Recipient’s premises and any premises of the Project at any time as it relates to the provision of any Funds under this Agreement. Without limiting the generality of the foregoing, the Recipient hereby authorizes Ontario, its employees and agents, including the Auditor General, to, upon twenty-four (24) hours’ written notice and during normal business hours, enter the Recipient’s premises to review the status of the Project and to copy any financial records, invoices and other financially- related documents, including all Contracts the Recipient has entered into in relation to the Project. 14.3 Audits. Ontario may, at its own expense, conduct audits of the Project. Ontario may require the assistance of an external auditor to carry out an audit. If so, Ontario shall be responsible for retaining the external auditor. 14.4 Auditor General. The Auditor General may, at the Auditor General’s cost, conduct an audit with respect to the use of any Funds under this Agreement. For the purposes of facilitating such an audit, the Recipient shall release to Ontario upon request and in a timely manner, for the purpose of releasing to the Auditor General: (a) All records held by the Recipient, or by agents or contractors of the Recipient relating to this Agreement and/or the use of the Funds; and (b) Such further information and explanations as the Auditor General, or anyone acting on behalf of the Auditor General, may request relating to any part of this Agreement or the use of the Funds. 14.5 Information. The Recipient shall supply to Ontario, within ten (10) Business Days of receiving a written request, such information in respect of this Agreement or the Project as Ontario requests unless the request provides otherwise. 14.6 Provision Of Information Is A True Condition Precedent. If, in the opinion of Ontario, any of the information requirements of this Agreement are not met, Ontario may in its sole and absolute discretion, and despite section 5.2 and Part C.4 of Schedule “C” of this Agreement, require the information as a condition precedent to the payment of any Funds under this Agreement without liability, costs or penalty. Page 554 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 17 of 44 SECTION 15 DEFAULT AND TERMINATION 15.1 Events Of Default. Ontario may, acting in a reasonable manner, without liability, cost or penalty and without prejudice to any other rights or remedies of Ontario under this Agreement or at law or in equity, terminate this Agreement immediately upon giving written notice to the Recipient where: (a) In the opinion of Ontario: (i) The Recipient has provided false or misleading information to Ontario; (ii) The Recipient breaches a material term or condition of this Agreement, where materiality is to be determined by Ontario, in its sole and absolute discretion, acting reasonably and has failed to cure or remedy the breach of this Agreement within 30 days of receiving written notice of the breach from Ontario; (iii) The Recipient breaches a material term or condition of any other funding agreement it has with Ontario, where materiality is to be determined by Ontario, in its sole and absolute discretion, acting reasonably and has failed to cure or remedy the breach of the other funding agreement within 30 days of receiving written notice of the breach from Ontario; (iv) The Recipient is unable to continue with the Project or the Recipient is likely to discontinue the Project; or, (v) A material adverse change occurs such that the viability of a Recipient as a going concern is threatened. 15.2 Remedies On Default. Despite any other rights Ontario has under this Agreement, if an Event of Default has occurred, Ontario shall have the following remedies: (a) Ontario shall not have to provide any further Funds under this Agreement; (b) Ontario may, at is option, terminate this Agreement immediately after any notice period expires or may, in its sole and absolute discretion, Adjust the Funds, including a demand to return all Funds provided under this Agreement; (c) Ontario may avail itself of any of its legal remedies that it may deem appropriate. 15.3 Additional Remedies. In addition to the remedies described in section 15.2 of this Agreement, Ontario may commence such legal action or proceedings as it, in its sole and absolute discretion, may deem expedient, without any additional notice under this Agreement. The rights and remedies of Ontario hereunder are cumulative and in addition to, and not in substitution for, all other rights or remedies otherwise available to Ontario at law, equity or under statute. 15.4 Waiver Of Event Of Default Must Be In Writing. Ontario may, in its sole and absolute discretion, at any time, waive any above-mentioned Event of Default which may have occurred provided that no such waiver shall extend to, or be taken in any manner whatsoever to affect, any subsequent Event of Default or the right to remedies resulting therefrom, and that no such waiver shall be, or shall deemed to constitute, a waiver of such Event of Default unless such waiver is in writing from Ontario. Ontario may also impose conditions on any waiver it provides under this section 15.4 of the Agreement. 15.5 Ontario’s Discretion To Terminate Agreement. Despite anything else contained in this Agreement, Ontario may, without liability, cost or penalty and without prejudice to any other rights or remedies Ontario may have under this Agreement or at law or in equity terminate Page 555 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 18 of 44 this Agreement at any time upon one hundred and eighty (180) days’ notice to the Recipient, provided it acts reasonably in doing so. 15.6 Termination Of Agreement For Circumstances Beyond The Control Of A Party. Neither Party shall be liable for damages caused by delay or failure to perform its obligations under this Agreement where such delay or failure is caused by an event beyond its reasonable control. Should the event last more than ninety (90) Business Days, this Agreement shall terminate and the process set out under section 15.5 of this Agreement shall be followed, with any necessary modifications. 15.7 Date of Termination. In the event of termination pursuant to this section 15 of the Agreement, the effective date of termination shall be the last day of the notice period, the last day of any subsequent notice period or immediately, whichever applies. SECTION 16 GENERAL PROVISIONS 16.1 Terms Binding. The Recipient shall take all reasonable measures to ensure that its officers, directors, partners, employees, agents, third party contractors shall be bound to observe all of the terms and conditions of this Agreement, including, but not limited to all of the covenants, representations and warranties set out herein. 16.2 Representatives May Bind Parties. The Parties represent and warrant that their respective representatives have the authority to legally bind them to the extent permissible by the Requirements of Law. As well, the rights, duties and powers of the Minister of Transportation under this Agreement may be exercised by the Regional Director for the Region where the Project is located. 16.3 Further Assurances. The Parties agree to do or cause to be done all acts or things necessary to implement and carry into effect this Agreement to its full extent. 16.4 Agreement Binding. This Agreement shall ensure to the benefit of and be binding upon the Parties, their successors, executors, administrators, heirs and their permitted assigns. 16.5 Waivers In Writing. If a Party fails to comply with any term of the 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 set out in section 16.19 of this Agreement. Any waiver must refer to a specific failure to comply and shall not have the effect of waiving any subsequent failures to comply. For greater certainty, where Ontario chooses to waive a term or condition of the Agreement, such waiver shall only be binding if provided by a person who indicates in writing that he or she has specific authority to provide such a waiver. 16.6 Tolerance Of Indulgence Of Breach Not A Waiver. Any failure by Ontario to insist in one or more instances upon strict performance by the Recipient of any of the terms or conditions of this Agreement shall not be construed as a waiver by Ontario of its rights to require strict performance of any such terms or conditions, and the obligations of the Recipient with respect to such performance shall continue in full force and effect. 16.7 Time Is Of The Essence. In the performance and observance of the terms and conditions of this Agreement, time is of the essence and no extension or variation of this Agreement shall operate as a waiver of this provision. Page 556 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 19 of 44 16.8 Severability. If any term or condition of this Agreement, or the application thereof to the Parties or to any persons or circumstances, is to any extent invalid or unenforceable, the remainder of the Agreement, and the application of such term or condition to the Parties, persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. 16.9 No Assignment Of Agreement. The Recipient shall not assign this Agreement to any other person unless Ontario agrees to the assignment in writing. Ontario may impose any terms or conditions. 16.10 No Amendment. This Agreement shall not be varied or amended except by a document in writing, dated and signed on behalf of the Recipient and the Regional Director of the Ministry’s Region where the Project is located. 16.11 Joint Authorship Of Agreement. The Parties shall be considered joint authors of this Agreement and no provision herein shall be interpreted against one Party by the other Party because of authorship. No Party shall seek to avoid a provision herein because of its authorship through recourse to a third party, court, tribunal or arbitrator. 16.12 Parties Independent. The Recipient acknowledges that it is not an agent, joint venturer, partner or employee of Ontario and the Recipient shall not take any actions that could establish or imply such a relationship. 16.13 Recipient Cannot Represent Ontario. The provision of any Funds to the Recipient pursuant to this Agreement is for the sole purpose of, and is limited to, allowing the Recipient to carry out the Project. The Recipient represents, warrants and agrees that under no circumstances shall it enter into any contract or commitment in the name of or on behalf of Ontario. The Recipient acknowledges and agrees that it is not by the terms and conditions of this Agreement or otherwise granted any right or authority to assume or to create any obligations or responsibility, express or implied, on behalf of or in the name of Ontario, to act as an agent of Ontario or to bind Ontario in any manner whatsoever other than as specifically provided under this Agreement. 16.14 Recipient’s Consultants/Contractors. Ontario acknowledges and recognizes that, in connection with the carrying out the Project, the Recipient may engage one or more Consultants or Contractors. Ontario acknowledges and agrees that the Recipient shall have the sole authority and responsibility for such employees, agents, Consultants or Contractors, including the hiring and termination. The Recipient acknowledges and agrees that the Recipient shall be responsible for all acts and actions of the Recipient’s employees, agents, Consultants and Contractors and that all such acts and actions shall be treated as actions of the Recipient for the purposes of this Agreement. 16.15 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 Ontario 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 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 and/or conditions of this Agreement; and Page 557 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 20 of 44 (c) No money from the Government of Ontario was used to lobby or otherwise secure the provision of any Funds hereunder. 16.16 Debt Owing To Her Majesty The Queen In Right Of Ontario. Any payment that the Recipient is required to make under this Agreement shall constitute a debt due and owing to Her Majesty the Queen in Right of Ontario and the Recipient shall pay the amount to Ontario immediately upon written demand unless Ontario directs otherwise. 16.17 Her Majesty The Queen In Right Of Ontario May Charge Interest. Her Majesty the Queen in Right of Ontario may charge the Recipient interest on any monies owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. 16.18 Set-Off By Ontario. In the event that the Recipient is indebted to Her Majesty the Queen in Right of Ontario under this Agreement, Ontario may set-off that debt against any amounts payable to the Recipient by Her Majesty the Queen in Right of Ontario. This right of set-off is in addition to any rights of set-off it has under the Financial Administration Act (Ontario) or the Financial Administration Act (Canada). 16.19 Notice And Service Of Documents Under Agreement. Notices shall be in writing and shall be delivered by postage-prepaid mail, personal delivery, facsimile transmission or Email transmission and shall be addressed to Ontario and the Recipient respectively, as set out in Part B.5 of Schedule “B” of this Agreement. Notice shall be deemed to have been received: (a) In the case of postage-prepaid mail, five (5) Business Days after such notice is mailed; or (b) In the case of personal delivery, facsimile transmission or Email transmission, one (1) Business Day after such notice is delivered to the other Party. In the event of a postal disruption, notices shall be given by personal delivery, facsimile transmission or Email transmission. Unless the Parties expressly agree in writing to additional methods of notices, notices may only be provided by the method(s) contemplated in this section 16.19 of the Agreement. The Parties agree that for the purposes of this section 16.19 of the Agreement, the name(s) of the individuals may be changed without amending the Agreement through the Party making the change providing written notice to the other Party of said change. 16.20 Governing Law. This Agreement and the rights, obligations and relations of the Parties shall 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 in connection with this Agreement shall be conducted in Ontario. 16.21 Agreement Executed In Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together, shall constitute one and the same agreement. 16.22 Entire Agreement. This Agreement, including its Schedules, embodies the entire Agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations or agreements. No prior document, discussion, negotiation, provision undertaking or agreement in relation to the subject matter of this Agreement has any legal effect. No representation or warranty, Page 558 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 21 of 44 whether express, implied or otherwise, has been made by Ontario to the Recipient except as expressly set out in this Agreement. 16.23 Survival. The provisions of this Agreement that by their nature survive the expiration or early termination of this Agreement shall so survive. Without limiting the generality of the foregoing, the provisions that shall survive the termination or expiration of this Agreement for a period of seven (7) years from the Expiration Date or termination of this Agreement, whichever occurs first, include: sections 1, 3 to 6, 9, 11 and 13 to 15; subsections 2.2, 16.5, 16.6, 16.8, 16.10 to 16.12, and 16.16 to 16.23; Parts B.5 and B.6 of Schedule “B” of this Agreement and Schedules “E” and “F”; along with all cross-referenced provisions within the foregoing sections, subsections and Schedules. [REST OF PAGE INTENTIONALLY LEFT BLANK] Page 559 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 22 of 44 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 Transportation or Delegate. ______________________________________ ___________________ Name: Teepu Khawja Date Title: Assistant Deputy Minister Provincial Highways Management Division I have the authority to bind the Crown. THE CORPORATION OF THE TOWN OF TILLSONBURG ______________________________________ ___________________ Name: Date Title: AFFIX CORPORATE SEAL ______________________________________ ___________________ Name: Date Title: I/We have the authority to bind the Recipient. Page 560 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 23 of 44 SCHEDULE “A” PROJECT DESCRIPTION Application Project Name: Oxford/Simcoe St. Road Rehabilitation Approved Project Name: Reconstruction of Oxford Street and Simcoe Street (Broadway Street to Vienna Road) Project Description: Road rehabilitation work on Oxford Street from Broadway to Tillson Avenue continuing along Simcoe Street from Tillson Avenue to Vienna Road which includes a structure. 695m of road reconstruction is included in this project. Project Description Details (from Application): The proposed location of road rehabilitation work is along Oxford Street from Broadway to Tillson Avenue continuing along Simcoe Street from Tillson Avenue to Vienna Road, a distance of 695 meters of which includes a five (5) lane bridge structure. The scope of work includes outsourcing the engineering design associated with the bridge rehabilitation and repair works while the full-depth road rehabilitation work would be completed simultaneously in-house by Town Engineering Services to produce a comprehensive tender ready package by the end of 2019. The project construction works consists of full-depth road surface rehabilitation with spot sidewalk and curb repairs along with catch basin and manhole cover adjustments/replacement. Based on recent pavement design for the North Broadway project, similar conditions existing allowing for the same pavement design consisting of two (2) 65mm lifts of Superpave 19.0 and a 50mm Superpave 12.5 FC1 surface wearing course over an existing compacted granular road base (150mm Granular 'A' and 300mm Granular 'B') to be employed. The project also consists of bridge rehabilitation and repair work of waterproofing the deck and replacing the wearing surface throughout including the approaches as well as some localized embankment slope protection and retaining wall repairs. Page 561 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 24 of 44 SCHEDULE “B” OPERATIONAL REQUIREMENTS UNDER THE AGREEMENT PART B.1 – EFFECTIVE DATE OF AGREEMENT B.1.1 Effective Date Of Agreement. The Effective Date of this Agreement is the date in which the Province signs the Agreement. PART B.2 – INSURANCE REQUIREMENTS B.2.1 Insurance Requirements. The Recipient or its agent(s) shall have no less than two million dollars ($2,000,000.00) in general commercial liability insurance per occurrence. PART B.3 – PROJECT COMPLETION DATE B.3.1 Project Completion Date. The Project shall be completed no later than December 31, 2020. For clarity this means Substantial Completion must have occurred and the project construction work must have been completed. PART B.4 – EXPIRATION DATE B.4.1 Expiration Date Of Agreement. Unless this Agreement is terminated earlier, this Agreement shall expire on March 31, 2021. PART B.5 – NOTICE AND CONTACT B.5.1 Notice And Contact Information. Notices under this Agreement shall be sent in accordance to the following: To Ontario: Ministry of Transportation Operations Office 301 St. Paul Street, 2nd Floor St. Catharines, Ontario L2R 7R4 Attention: Program Coordinator, Connecting Links Program Telephone: 905-704-2097 Fax: 905-704-2777 Email: CLProgram@ontario.ca To Recipient: The Corporation of The Town of Tillsonburg 200 Broadway Suite #204 Tillsonburg, ON N4G 5A7 Attention: Kevin De Leebeeck Director of Operations Telephone: 519-688-3009 Email: kdeleebeeck@tillsonburg.ca Any Notice not sent in accordance with the above shall be deemed to not constitute proper Notice under the Agreement. Page 562 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 25 of 44 PART B.6 – ASSET RETENTION PERIOD B.6.1 Recipient To Notify Ontario Before Disposal Of Assets Purchased With Funds Under Agreement. The Recipient shall notify the Ministry of Transportation in writing of any disposal of assets purchased by the Funds at least one hundred and eighty (180) Business Days in advance of the disposition. The Recipient shall not dispose of any assets purchased, constructed, rehabilitated or improved by the Funds without the prior written consent of Ontario. B.6.2 Asset Retention Period. The Recipient shall retain any asset purchased, rehabilitated or built with Funds under this Agreement for a period of five (5) years from the date that the Project is completed. [REST OF PAGE INTENTIONALLY LEFT BLANK] Page 563 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 26 of 44 SCHEDULE “C” FINANCIAL INFORMATION FOR THE PROJECT PART C.1 – MAXIMUM FUNDS C.1.1 Ontario’s Maximum Funds Under Agreement. Subject to the terms and conditions of this Agreement, Ontario shall provide the Recipient with an amount up to One Million, Five Hundred Seventy-Eight Thousand, Four Hundred and Sixty-One Dollars ($1,578,461) in Funds for Eligible Costs for the Project. Project’s Estimated Total Net Eligible Costs: $1,753,845 (Original budget from application) Percentage of Provincial Support The Percentage of Provincial Support is fixed at Ninety Percent (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 no earlier than July 15, 2019 and prior to the Project Completion Date by the Recipient under a contract for goods or services necessary for the implementation of the Project, as more particularly described in part D.1 – Eligible Costs of this Schedule “B”, less any HST rebate or any other rebates the Recipient has received, will receive or is eligible to receive from any government source. PART C.2 – HOLDBACK C.2.1 Holdback. Ontario may hold back up to fifteen (15) percent from any payment of any Funds under this Agreement. Ontario may retain this holdback until it has approved the Recipient’s Final Report, upon after which Ontario shall pay the holdback to the Recipient. PART C.3 – END OF FUNDS DATE C.3.1 End of Funds Date. Despite anything else contained in this Agreement, Ontario shall not provide any Funds to the Recipient for the Project after March 31, 2021. PART C.4 – PAYMENT OF FUNDS C.4.1 Payment Of Funds. Ontario shall pay, subject to the terms and conditions of the Agreement, to the Recipient the Funds in accordance with the following: [REST OF PAGE INTENTIONALLY LEFT BLANK] Page 564 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 27 of 44 MILESTONE PAYMENT SCHEDULE MILESTONE PAYMENT AMOUNT REQUIRED DOCUMENTATION Milestone 1: Upon receipt and Acceptance by MTO of first Contract Award to initiate project. An amount up to fifty percent (50%) of the Maximum Funds Contract Award Report Must be submitted within fifteen (15) Business Days of a council resolution and no later than September 30, 2019. Milestone 2: Upon receipt and acceptance by MTO of Report of Substantial Completion. . An amount up to eighty-five percent (85%) 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 Total Net Eligible Costs, less the amount paid at Milestone 1. Substantial Completion Report Within fifteen (15) Business Days of the Project Completion Date set out in Part B.3 of Schedule “B” of the Agreement (no later than December 31st of the fiscal year of Project Completion). Milestone 3: Upon receipt and acceptance by MTO of the Final Report. 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 Within sixty (60) Business Days of the Project Completion or no later than March 8 of the fiscal year of Project Completion. Part C.5 – Limit On Ontario’s Contribution Under Agreement C.5.1 Limit On Provincial Contribution Under Agreement. Despite anything else contained in this Agreement, Ontario’s total contribution toward the Project shall not exceed ninety percent (90%) of the Project’s total Eligible Costs. Page 565 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 28 of 44 SCHEDULE “D” ELIGIBLE AND INELIGIBLE COSTS PART D.1 – ELIGIBLE COSTS D.1.1 Eligible Costs. Subject to the terms and conditions of this Agreement and Part D.2 of this Schedule “D” 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 Ontario’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 is acceptable to Ontario. Without limiting the generality of the foregoing, Eligible Costs shall 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 A; (b) The Scope of Eligible Work as described in the Connecting Links Program Guide; (c) 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 “F” 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. PART D.2 – INELIGIBLE COSTS D.2.1 Ineligible Costs. The following costs are Ineligible Costs and are therefore ineligible for funding under this Agreement: (a) Costs incurred prior to July 15, 2019 or after the Project Completion Date; (b) Costs associated with the acquisition or leasing of: (i) Land, (ii) Buildings, (iii) Equipment, (iv) Other facilities, and (v) Obtaining easements, including costs or expenses for surveys, and includes real estate fees and other related costs; Page 566 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 29 of 44 (c) Financial charges, legal fees, other than those association with consultation with Aboriginal Groups (provided such legal fees are reasonable), loan and interest payments (d) The value of any goods and services which are received through donations or in kind; (e) 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; (f) Meal, hospitality or incidental costs or expenses of Consultants; (g) Costs associated with completing applications for the Connecting Links Program; and (h) Any costs of accommodation for any Aboriginal Group. D.2.2 Harmonized Sales Tax. Any portion of the Harmonized Sales Tax that is refundable by the Canada Revenue Agency as an input tax credit or as a rebate shall be deemed to be an Ineligible Cost. Any portion of the Provincial Sales Tax that is refundable by the respective provincial tax authority shall be deemed to be an Ineligible Cost. D.2.3 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. Ontario 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] Page 567 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 30 of 44 SCHEDULE “E” ABORIGINAL CONSULTATION REQUIREMENTS PART E.1 – PURPOSE AND DEFINITIONS E.1.1 Purpose. This Schedule sets out the responsibilities of Ontario and the Recipient in relation to consultation with Aboriginal Groups on the Project, and to delegate procedural aspects of consultation from Ontario to the Recipient. E.1.2 Definitions. For the purposes of this Schedule: “Section 35 Duty” means any duty Ontario may have to consult and, if required, accommodate Aboriginal Groups in relation to the Project flowing from section 35 of the Constitution Act, 1982. PART E.2 – RESPONSIBILITIES OF ONTARIO E.2.1 Ontario’s Responsibilities. Ontario 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 Ontario 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. PART E.3 – RESPONSIBILITIES OF THE RECIPIENT E.3.1 Recipient’s Responsibilities. The Recipient is responsible for: (a) Giving notice to the Aboriginal Groups regarding the Project as directed by Ontario, if such notice has not already been given by the Recipient or Ontario; (b) Immediately notifying Ontario 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; (c) 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, Page 568 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 31 of 44 trapping, fishing, plant harvesting or on burial grounds or archaeological sites of cultural significance to the Aboriginal Groups, and immediately advising Ontario of the details of the same; (d) Informing the Aboriginal Groups of the regulatory and approval processes that apply to the Project of which the Recipient is aware after reasonable inquiry; (e) 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; (f) Making all reasonable efforts to build a positive relationship with the Aboriginal Groups in relation to the Project; (g) 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; (h) If appropriate, providing reasonable financial assistance to Aboriginal Groups to permit effective participation in consultation processes for the Project, but only after consulting with Ontario; (i) 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; (j) Answering any reasonable questions to the extent of the Recipient’s ability and receiving comments from the Aboriginal Groups, notifying Ontario 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; (k) Where an Aboriginal Group asks questions regarding the Project directly of Ontario, providing Ontario with the information reasonably necessary to answer the inquiry, upon Ontario’s request; (l) Subject to paragraph (o) below, 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 Ontario any comments or questions from the Aboriginal Groups that relate to potential accommodation or mitigation of potential impacts; (m) Consulting regularly with Ontario during all discussions with Aboriginal Groups regarding accommodation measures, if applicable, and presenting to Ontario the results of such discussions prior to implementing any applicable accommodation measures; (n) Complying with Ontario’s direction to take any actions, including without limitation, suspension or termination of the Project, as Ontario may require; and Page 569 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 32 of 44 (o) Providing in any contracts with Third Parties for the Recipient’s right and ability to respond to direction from Ontario as Ontario may provide. E.3.2 Acknowledgement By Recipient. The Recipient hereby acknowledges that, notwithstanding section 11.2 of the Agreement, Ontario, 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. E.3.3 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 Ontario: (a) Provide to Ontario, 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 Ontario with complete and accurate copies of such records upon request; (c) Provide Ontario 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 Ontario of any contact by any Aboriginal Groups regarding the Project and provide copies to Ontario of any documentation received from Aboriginal Groups; (e) Advise Ontario in a timely manner of any potential adverse impact of the Project on Aboriginal or treaty rights or asserted rights of which it becomes aware; (f) Immediately notify Ontario if any Aboriginal archaeological resources are discovered in the course of the Project; (g) Provide Ontario with summary reports or briefings on all of its activities in relation to consultation with Aboriginal Groups, as may be requested by Ontario; and (h) If applicable, advise Ontario 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. E.3.4 Recipient Shall Assist Ontario. The Recipient shall, upon request lend assistance to Ontario by filing records and other appropriate evidence of the activities undertaken both by Ontario 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 Ontario and by the Recipient, to the relevant regulatory or judicial decision-makers. PART E.4 – NO IMPLICIT ACKNOWLEDGEMENT E.4.1 No Acknowledgment Of Duty To Consult Obligations. Nothing in this Schedule shall be construed as an admission, acknowledgment, agreement or concession by Ontario 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 Page 570 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 33 of 44 in section 1.2 hereof is an aspect of the Section 35 Duty that could not have lawfully been delegated to the Recipient had the Parties so agreed. PART E.5 – GENERAL E.5.1 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 Ontario 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, Ontario, and provincial ministries, boards, agencies and other regulatory decision-makers. PART E.6 – NOTICE AND CONTACT E.6.1 Notices In Relation To Schedule. All notices to Ontario pertaining to this Schedule shall be in writing and shall be sent to the person identified under Part B.5 of Schedule B. [REST OF PAGE INTENTIONALLY LEFT BLANK] Page 571 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 34 of 44 SCHEDULE “F” COMMUNICATIONS PROTOCOL PART F.1 – INTRODUCTION F.1.1 Purpose of Communications Protocol. This Communications Protocol (Protocol) outlines the respective responsibilities and the working relationship between the Parties to this Agreement as they relate to all communications by the Parties regarding funding received in relation to the Project. F.1.2 Application of Communications 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: • Project signage • Media events and announcements, including news conferences, public announcements, official events or ceremonies, news releases • Printed materials • Websites • Photo compilations • Award programs • Awareness campaigns PART F.2 – PROJECT SIGNAGE F.2.1 Project Signage: The Recipient shall, at Ontario’s request, provide acknowledgement of the provincial contribution to the Project. Sign design, content and installation guidelines will be provided by Ontario. F.2.2. Permanent Plaque. 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 Ontario prior to installation. F.2.3 Installation of Signage. 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. PART F.3 – MEDIA EVENTS F.3.1 Requesting Media Events. The Recipient or Ontario 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 (20) 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. F.3.2 Approval Of Communications. All joint communications material related to media events and announcements must be approved by Ontario and recognize the funding provided by Ontario. Page 572 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 35 of 44 F.3.3 Media Events. Media events and announcements include but are not limited to: • News conferences • Public announcements • Official events or ceremonies • News releases PART F.4 – PRINTED MATERIALS, WEBSITE, PHOTO COMPILATIONS, AWARD PROGRAMS AND AWARENESS CAMPAIGNS F.4.1 Messaging About Project. With prior consultation with Ontario, the Recipient may include messaging in its own communications products and activities with regards to the Project. When undertaking such activities, the Recipient shall provide the opportunity for Ontario to participate and shall recognize the funding provided by Ontario. PART F.5 – ISSUES MANAGEMENT F.5.1 Sharing Information. The Recipient shall share information promptly with Ontario should significant emerging media, Project or stakeholder issues relating to a Project arise. Ontario will advise Recipients, when appropriate, about media inquiries concerning the Project. PART F.6 – COMMUNICATING SUCCESS STORIES F.6.1 Communicating About Project. The Recipient agrees to communicate with Ontario for the purposes of collaborating on communications activities and products including but not limited to success stories and features relating to the Project. F.6.2 Ontario’s Right To Publicize Information About Project. The Recipient acknowledges and agrees that Ontario may publicize information about the Project. Ontario agrees it will use reasonable efforts to consult with the Recipient about Ontario’s publication about the Project prior to making it. PART F.7 - DISCLAIMER F.7.1 Disclaimer. If the Recipient publishes any material of any kind relating to the Project or the Connecting Links Program, the Recipient shall indicate in the material that the views expressed in the material are the views of the Recipient and do not necessarily reflect Ontario’s views. [REST OF PAGE INTENTIONALLY LEFT BLANK] Page 573 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 36 of 44 SCHEDULE “G” REPORTING REQUIREMENTS PART G.1 – REPORTS REQUIREMENTS The following Reports are to be provided in full in the corresponding format provided hereafter and with such content as is satisfactory to Ontario: Name of Report and Details Required Due Date 1. Contract Award Report - a Report from council including a resolution or bylaw authorizing the award of the first contract to initiate the project. Within fifteen (15) Business Days of a council resolution and no later than September 30, 2019. 2. Revised Budget Report must be based on tenders awarded to complete the Project including: (i) first contract for project as part of the Milestone 1 Report, (ii) after award for detail design (if not first contract), and (iii) after award of construction. The Recipient shall use the form set out in Part G.2 of Schedule “G” of the Agreement. Within fifteen (15) Business Days of a council resolution authorizing the contract award. 3. Progress Report - The Recipient shall use the form set out in Part G.3 of Schedule “G” of the Agreement. Twice a year by January 15 and July 15 for the Term of the Agreement. 4. Substantial Completion Report – The recipient shall use the form set out in Part G.4 along with a Revised Budget Report using the form set out in Part G.2 of Schedule “G” of the Agreement. Within fifteen (15) Business Days of the Project Completion Date set out in Part B.3 of Schedule “B” of the Agreement (no later than December 31st of the fiscal year of Project Completion). 5. Final Report - including statement of final incurred eligible expenses validated by invoices and/or payment certificates. The Recipient shall use the form set out Part G.5 of Schedule “G” of the Agreement. Within sixty (60) Business Days of the Project Completion or no later than March 8 of the fiscal year of Project Completion. 6. 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 574 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 37 of 44 SCHEDULE “G” Continued PART G.2 – REVISED BUDGET REPORT REVISED BUDGET REPORT This report will contain a revised budget for the Project based on Total Net Eligible Expenses after award of (i) first contract for project as part of the Milestone 1 Report, (ii) after award for detail design (if not first contract), and (iii) after award of construction. This report should be submitted to the ministry within 15 days of award of tender. Recipient Municipality Name Project Name REVISED PROJECT COSTS ORIGINAL BUDGET (From Application) REVISED BUDGET VARIANCE Environmental Assessment/Permits Engineering/Design Project Management/Contract Administration Construction Miscellaneous Total Less Any Actual or Potential HST Rebates REVISED TOTAL NET ELIGIBLE COSTS VARIANCE EXPLANATION In cases where revised costs have a variance of 15% or more than the original budget (from application), please provide an explanation. If more space required, attach additional page. PROJECT CERTIFICATION As the payment certifier or chief financial officer for my municipality [Full Legal Name below] _____________________________________________________________, I hereby certify that the revised Project Budget figures set out above are true to the best of my knowledge, information and belief. Signature: Name: Title: Phone Number: Date: Page 575 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 38 of 44 SCHEDULE “G” Continued PART G.3 – PROGRESS REPORT PROGRESS REPORT For projects to be completed in 2019-20, a progress report is due on or before September 30, 2019. For projects of two or three years to complete, this report is due twice a year on or before January 15 and July 15 for the term of the Agreement. Please contact your local Ministry of Transportation office should you have any questions filling in this report. Recipient Municipality Name Project Name Key Dates: Date Forecasted Actual Total Eligible Project Costs to Date Less Any Actual or Potential HST Rebates TOTAL NET ELIGIBLE COSTS to Date Start Date of Detail Design (if applicable) End Date of Detail Design (if applicable) Start Date of Construction (if applicable) End Date of Construction (if applicable) Substantial Completion Date Please provide information in format below and attach to this report. Description of Activities Activity Status (On, Ahead, or Behind Schedule) Issues to Date and Actions Taken to Resolve Issues Confirm Expected Completion Date of Activity Page 576 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 39 of 44 SCHEDULE “G” Continued Other Progress to date Include any communications events, and communications sent/received (oral or written) from any Aboriginal Groups, please include dates, where applicable or available Variance from original approved Project (if any) If so, explain why and by when? Attestation by Authorized Official: I, ___________________________ confirm that my municipality is in compliance with the terms and conditions found in the Agreement for this Project. Name: ____________________________________ Title: ____________________________________ Date: ________________ Page 577 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 40 of 44 SCHEDULE “G” Continued PART G.4 – SUBSTANTIAL COMPLETION SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION Recipient Municipality Name: ____________________________________________________ Project Name: ________________________________________________________________ In the matter of the Agreement entered into between, Her Majesty the Queen in right of Ontario, as represented by the Minister of Transportation and the above-noted Recipient, on ___________ , 20___(date) I, __________________________a ___________________ (Registered Engineer or Architect, Municipal Official) in the Province of Ontario, do solemnly declare as follows: 1. That I am the __________________________(title, department, organization), and as such have knowledge of the matters set out herein; 2. That the work identified for the Project (above) funded through the above-mentioned Agreement ___________________ (has / has not) been Substantially Completed as described in Schedule C, dated ___________________ on the _______ day of ______ 20___. 3. That the value (dollar amount) of substantially completed work on the Project, by ______________, 20__ (date) is ___________________ (dollars). 4. That the work a. was carried out by ____________________________ (the prime contractor), between ___________________ (start date) and ___________________ (completion date); b. was supervised and inspected by qualified staff; c. conforms with the plans, specifications and other documentation for the work; and d. conforms with applicable environmental legislation, and appropriate mitigation measures have been implemented. AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the CANADA EVIDENCE ACT. Declared before me at the Of in the of this day of A.D. 20 (Deponent) A Commissioner etc. This declaration must be sworn before a commissioner for oaths, notary public or justice of the peace Page 578 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 41 of 44 SCHEDULE “G” continued PART G.5 – FINAL REPORT FINAL REPORT Final Reports are to be completed and submitted to MTO within sixty (60) Business Days of the Project Completion and no later than March 8 of fiscal year of Project Completion. Please contact your local Ministry of Transportation office should you have any questions filling in this report. Attach Payment certificate(s) (these may include unpaid holdbacks) and other third party invoices incurred for the Project. Where applicable, indicate any portion of the costs on such invoices which are Ineligible Costs as per section D.2 of Schedule “D”. Municipality Name: Project Name: Section 1. Project Details Dates Forecasted Actual Construction Start Date Construction End Date Project Variances (if applicable) Has your Project experienced any variances in scope, budget or schedule? Please describe and provide a rationale. Page 579 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 42 of 44 SCHEDULE “G” continued Section 2. Financial Information Budget Item Budgeted Cost Actual Cost Eligible Project Costs $ $ Less HST Rebate $ $ TOTAL NET ELIGIBLE COST $ $ Total Interest Earned on Funds $ For all invoices attached, please provide information in format below and attach to this report. Work Description Invoice # Invoice Date Invoice Period Vendor Total Amount (A) HST HST Rebated (B) Net Eligible Cost (A-B) From To TOTAL $ Page 580 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 43 of 44 SCHEDULE “G” continued Section 3. Project Outcomes and Benefits 1. What were the objectives of your Project? (Select any that apply) ☐ Address safety related issues ☐ Extend service life ☐ Improve pavement condition ☐ Improve drainage (cross-fall, curb and gutter, storm sewer, etc.) ☐ Improve underground infrastructure (watermain, sanitary sewer, utilities, etc.) ☐ Other (describe below) 2. Describe how the work completed achieves these objectives. Please include quantitative information where possible e.g., extended service life in terms of additional years, improvement in road condition rating, lane-km in good condition, etc. If required, you may attach information on separate page and attach to this report. 3. Describe any economic or other benefits of the project for your community. If required, you may attach information on separate page and attach to this report. 4. Please confirm that your connecting link and project improvements will be included in your asset management plan and when the updated plan will be available. ☐ Yes, I confirm that our connecting link and the project improvements will be included in my municipality’s updated asset management plan. I expect our updated plan will be completed and publically posted by: [Month] [Year] 20 Page 581 of 611 Connecting Links Program Intake 4 – 2019/20 Municipality Name: Town of Tillsonburg Page 44 of 44 SCHEDULE “G” continued Section 4. Aboriginal Duty to Consult Please provide particulars as to how the requirements have been met under Section 11 and Schedule “E” of the Agreement. Please indicate: Declaration required for the Project: There have been communications from Aboriginal Groups and/or items of cultural significance to Aboriginal Groups were located with respect to this Project. ☐ Yes ☐No If you responded “Yes” to the above, please complete the following: Declaration required for Project with additional Duty to Consult requirements, as identified by Ontario Notice about this Project, as well as a full Project description, was provided to identified Aboriginal Groups making them aware of the opportunity to provide comments about the Project and its potential impacts ☐ Yes ☐No A copy of any correspondence/information between the Recipient and any Aboriginal Groups was forwarded to the Province of Ontario. ☐ Yes ☐No The Province of Ontario was made aware of any issue(s) identified by any Aboriginal Groups ☐ Yes ☐No Section 5. Confidentiality, Certification and Signature Confidentiality Information submitted in this Final Report to Ontario will be subject to the Freedom of Information and Protection of Privacy Act. Any information submitted in confidence should be clearly marked “CONFIDENTIAL” by the Recipient. Inquiries about confidentiality should be directed to the Rural Programs Branch. Certification I certify that: 1. The Project as described in the Agreement has been completed; 2. The Recipient is in compliance with all of the terms and conditions of the Agreement for the Project; 3. Any interest earned (as noted in Section 2) has been used for Eligible Costs associated with the Project or has been or will be remitted to the Ministry; and 4. There have been no overpayments by Ontario or any other organization or government in relation to the Project. The official noted below warrants that these statements are true as of the date indicated. NAME OF AUTHORIZED OFFICIAL: TITLE: DATE: Page 582 of 611 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 4333 A BY-LAW to Execute a Lease Amending and Extension Agreement with Rogers Communications Inc. WHEREAS the Town of Tillsonburg is desirous of entering into an agreement between the Corporation of the Town of Tillsonburg and Rogers Communications Inc. NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION 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 Clerk be hereby authorized to execute the attached agreement on behalf of the Corporation of the Town of Tillsonburg; 3. This By-Law shalI come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 12th DAY OF AUGUST, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF AUGUST, 2019. ________________________________ MAYOR – Stephen Molnar ________________________________ DEPUTY CLERK – Lana White Page 583 of 611 Page 584 of 611 Page 585 of 611 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 4334 A BY-LAW, To Amend By-Law 4260, to Appoint Directors to the Board of Management of the Tillsonburg Business Improvement Area (BIA) Established by The Corporation of The Town of Tillsonburg. WHERAS it is deemed necessary and expedient to amend By-Law 4260. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT By-Law 4260 be amended to include Jane Tilson, Ann Hicks and Maryanne VanGertrude as members of the BIA; 2. THAT these amendments to By-Law 4260 are hereby declared to be part of that By-Law as if written therein; 3. THAT this By-law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 12th day of AUGUST, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 12th day of AUGUST, 2019. _________________________ MAYOR – Stephen Molnar _________________________ DEPUTY CLERK – Lana White Page 586 of 611 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 4335 A BY-LAW to Execute a Lease Agreement with E&E McLaughlin Ltd. WHEREAS the Town of Tillsonburg is desirous of entering into an service agreement between the Corporation of the Town of Tillsonburg and E&E McLaughlin Ltd; AND WHEREAS the service agreement shall be for the operation of the premise known municipally as 8 Ross Street, Tillsonburg, Ontario or “Summer Place”; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION 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 Clerk be hereby authorized to execute the attached agreement on behalf of the Corporation of the Town of Tillsonburg; 3. This By-Law shalI come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 12th DAY OF AUGUST, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF AUGUST, 2019. ________________________________ MAYOR – Stephen Molnar ________________________________ DEPUTY CLERK – Lana White Page 587 of 611 Page 588 of 611 Page 589 of 611 Page 590 of 611 Page 591 of 611 Page 592 of 611 Page 593 of 611 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 4336 A BY-LAW to Authorize a Community Improvement Plan Funding Agreement with Otter Valley Foods Inc. WHEREAS the Town of Tillsonburg is desirous of entering into a funding agreement between the Corporation of the Town of Tillsonburg and Otter Valley Foods Inc.; WHEREAS section 28(7) of the Planning Act, R.S.O. 1190, c. P.13 as amended (the “Act”) authorizes a municipality to make grants or loans in conformity with a community improvement plan; AND WHEREAS section 28(11) of the Act provides for the registration of agreements entered into under section 28(7) of the Act; AND WHEREAS the Town has passed the community improvement plan by By-law 4084, dated February 13, 2017 (the “CIP”); AND WHEREAS the CIP provides that the Town may provide funding through loans or grants to eligible applicants; AND WHEREAS the Owner is the registered owner of property known municipally as 95 Spruce Street, Tillsonburg, Ontario, N4G 5C4 more particularly described in Schedule “A” (the “Subject Property”); [NTD: TOWN TO CONFIRM] AND WHEREAS the Town approved funding to the Owner by resolution of the Council of the The Corporation of the Town of Tillsonburg at its July 8, 2019 meeting in the amount of One Hundred Thousand Dollars ($100,000.00) subject to this Agreement; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION 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 Clerk be hereby authorized to execute the attached agreement on behalf of the Corporation of the Town of Tillsonburg; 3. This By-Law shalI come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 12th DAY OF AUGUST, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF AUGUST, 2019. ________________________________ MAYOR – Stephen Molnar ________________________________ DEPUTY CLERK – Lana White Page 594 of 611 Page 595 of 611 Page 596 of 611 Page 597 of 611 Page 598 of 611 Page 599 of 611 Page 600 of 611 Page 601 of 611 Page 602 of 611 Page 603 of 611 Page 604 of 611 Page 605 of 611 Page 606 of 611 Page 607 of 611 Page 608 of 611 Page 609 of 611 Wastewater Management Design Concept Page 610 of 611 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 4330 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 12th day of August, 2019. 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 August 12, 2019, 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 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 12th DAY OF AUGUST, 2019. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY OF AUGUST, 2019. ________________________________ MAYOR – Stephen Molnar ________________________________ DEPUTY CLERK – Lana White Page 611 of 611