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2020-026 Schedule A
GRANT AGREEMENT THIS AGREEMENT is effective as of the date of last signature on the signature page. BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG (herein called “Recipient”) -and- FEDERATION OF CANADIAN MUNICIPALITIES (herein called “FCM”) WHEREAS: (a) the Government of Canada and FCM have established the Municipal Asset Management Program (herein called MAMP); (b) the Government of Canada has funded the Municipal Asset Management Program, which is being administered by FCM; (c) FCM has agreed to provide the Recipient with a grant for use by the Recipient solely for the project described in this Agreement; and (d) this Agreement contains the terms for the administration and remittance of the grant by FCM to the Recipient and the use of the grant by the Recipient. NOW THEREFORE, the Parties hereby agree as follows: ARTICLE 1 DEFINITIONS AND SCHEDULES 1.01 Definitions. Whenever used in this Agreement and unless the context otherwise requires, the following terms have the following meanings: “Agreement” means this agreement, including all schedules, and all amendments or restatements as permitted; “Business Day” means any day other than a Saturday, Sunday or statutory holidays in the Province of Ontario; “Claim” has the meaning ascribed thereto in Section 13.01 of this Agreement; “Confidential Information” has the meaning ascribed thereto in Section 11.01 of this Agreement. “Eligible Activities” means any reasonable activities necessary to complete the Project as described in Part 2 of Schedule A attached hereto. “Eligible Expenditure Date” has the meaning ascribed thereto in Part 4 of Schedule C attached hereto; “Eligible Expenditures” means those permitted expenditures described in Part 4 of Schedule C attached hereto, for which the Recipient may use the Grant; “Grant” means the grant set forth in Article 2; “Grant Amount” means the amount to be disbursed by FCM on account of the Grant up to the maximum amount set forth in Part 1 of Schedule B attached hereto; “Indemnified Parties” has the meaning ascribed thereto in Section 13.01 of this Agreement; “Parties” means FCM and the Recipient, and “Party” refers to any one of them; “Project” means the project described in Part 2 of Schedule A attached hereto; “Project End Date” has the meaning ascribed thereto in Part 2 of Schedule A attached hereto; and “Project Start Date” has the meaning ascribed thereto in Part 2 of Schedule A attached hereto ; “Receiving Party” has the meaning ascribed thereto in Section 11.01 of this Agreement. 1.02 Schedules. The following annexed Schedules form part of this Agreement and the Parties shall comply with all terms and conditions set-out therein: Schedule A: Part 1: Conditions of Contribution Part 2: Description of Project, Statement of Work and Project Expenditures Part 3: Reporting Requirements and Project Deliverables Schedule B: Part 1: Grant Amount Part 2: Particulars of the Sources of Funding Part 3: Payment Schedule/Period of Funding Schedule C: Part 1: Request for Contribution, Letter of Attestation and Expense Claim Part 2: Completion Report Templates Part 3: Accepted Practices Part 4: Eligible Expenditures Schedule D: Contact Information ARTICLE 2 THE GRANT 2.01 Grant Purpose. FCM is providing the Grant to the Recipient for the sole purpose of assisting the Recipient in the performance of the Project, as described in Part 2 of Schedule A attached hereto. 2.02 Grant Amount. Subject to and in accordance with the terms and conditions of this Agreement and in reliance upon the representations, warranties and covenants of the Recipient hereinafter set forth, FCM agrees to contribute towards the Eligible Expenditures, the Grant Amount, as more particularly described in Part 1 of Schedule B attached hereto. 2.03 Disbursement of Grant. (a) FCM shall disburse the Grant in accordance with Part 3 of Schedule B attached hereto. (b) No portion of the Grant shall be disbursed by FCM without it first receiving from the Recipient a completed Request for Contribution in accordance with Part 1 of Schedule C attached hereto. (c) Provided that the Conditions of Contribution set-out in Part 1 of Schedule A attached hereto are satisfied, the Recipient may request the Grant by delivering to FCM the appropriate Request for Contribution in accordance with Part 1 of Schedule C attached hereto at least 30 days before the requested date of disbursement; the requested date of disbursement may be delayed if the Request for Contribution delivered by the Recipient to FCM is not, in FCM’s sole discretion, satisfactory and revisions or supplemental documentation are required. 2.04 Term. This Agreement shall continue in force until FCM has received and notified the Recipient of its satisfaction with all reports required to be completed by the Recipient in accordance with the terms and conditions of this Agreement, or until the Agreement has been terminated in accordance with Section 12.01, whichever shall first occur. ARTICLE 3 CONDITIONS OF CONTRIBUTION 3.01 Conditions of Contribution. Subject to Section 2.03, the obligation of FCM to disburse the Grant to the Recipient is conditional upon the Recipient satisfying the conditions set-out in Part 1 of Schedule A attached hereto, to the satisfaction of FCM. ARTICLE 4 REPRESENTATIONS AND WARRANTIES 4.01 Representations and Warranties. The Recipient represents and warrants that: (a) it is duly established under the laws of the Province of Ontario and has the legal power and authority to enter into, and perform its obligations under this Agreement and the Project; (b) this Agreement has been duly authorized and executed by it and constitutes a valid and binding obligation of it, enforceable against it in accordance with its terms; (c) neither the making of this Agreement nor the compliance with its terms and the terms of the Project will conflict with or result in the breach of any of the terms, conditions or provisions of, or constitute a default under any indenture, debenture, agreement or other instrument or arrangement to which the Recipient is a party or by which it is bound, or violate any of the terms or provisions of the Recipient’s constating documents or any license, approval, consent, judgment, decree or order or any statute, rule or regulation applicable to the Recipient; (d) no litigation, arbitration or administrative proceedings are current or pending or have been threatened, and so far as the Recipient is aware no claim has been made, which is likely to have an adverse effect on its preparation and/or delivery of the Project or its compliance with its obligations under this Agreement; and (e) it has the right to grant the license set out in Section 6.02 of this Agreement. ARTICLE 5 COVENANTS 5.01 Affirmative Covenants. Unless FCM shall otherwise agree in writing, the Recipient covenants and agrees that it shall: (a) use the Grant only for Eligible Activities relating to the Project; (b) carry out the Project and conduct the activities thereof in compliance with all applicable laws and regulations and, without restricting the generality of the foregoing, in compliance with all labour, environmental, health and safety and human rights legislation applicable to the Project; (c) carry out the Project with due diligence and efficiency and in accordance with sound engineering, scientific, financial and business practices; (d) provide FCM with prompt notice of any: (i) material change to the Project; (ii) proposed change in the nature or scope of its legal status; or (iii) act, event, litigation or administrative proceeding that does or may materially and adversely affect the Project or may materially and adversely affect th e ability of the Recipient to perform its obligations under this Agreement or the Project . 5.02 Negative Covenants. Unless FCM shall otherwise agree in writing, the Recipient shall not: (a) use the Grant for expenditures that are not Eligible Expenditures; (b) for 5 years after the end date of this Agreement, sell, assign, transfer, lease, exchange or otherwise dispose of, or contract to sell, assign, transfer, lease, exchange or otherwise dispose of, any of the real or personal property, whether movable or immovable, acquired, purchased, constructed, rehabilitated or improved, in whole or in part, with the Grant (the “Assets”); if at any time within 5 years after the end date of this Agreement, the Recipient sells, assigns, transfers, leases, exchanges or otherw ise disposes of any Asset other than to the Government of Canada, a local government, or with the Government of Canada’s consent, the Recipient may be required to pay back to FCM, at FCM’s sole discretion, all or a portion of the Grant that was disbursed by FCM to the Recipient. ARTICLE 6 INTELLECTUAL PROPERTY 6.01 Intellectual Property. Copyright in all reports, documents and deliverables prepared in connection with this Agreement and listed in the Schedules of this Agreement by or on behalf of the Recipient (the “Recipient Documentation”) will be the exclusive property of, and all ownership rights shall vest in either the Recipient or, subject to the Recipient’s ability to grant the license set out in Section 6.02, a person or entity engaged to develop the Recipient Documentation on behalf of the Recipient. 6.02 License. The Recipient hereby grants to FCM an irrevocable, perpetual, worldwide, royalty-free, license, to use, publish, make improvements to, sub-license, translate and copy the Recipient Documentation. This license shall survive the expiration or termination of this Agreement. ARTICLE 7 APPROPRIATIONS 7.01 Appropriations. Notwithstanding FCM’s obligation to make any payment under this Agreement, this obligation does not arise if, at the time when a payment under this Agreement becomes due, the Parliament of Canada has not passed an appropriation that is sufficient and constitutes lawful authority for the Government of Canada making the necessary payment to FCM for the project or program in relation to which the Grant is being provided. FCM may reduce, delay or terminate any payment under this Agreement in response to the reduction or delay of appropriations or departmental funding levels in respect of transfer payments, the project or program in relation to which the Grant is being provided, or otherwise, as evidenced by any appropriation act or the federal Crown's main or supplementary estimates expenditures. FCM will not be liable for any direct, indirect, consequential, exemplary or punitive damages, regardless of the form of action, whether in contract, tort or otherwise, arising from any such reduction, delay or termination of funding. ARTICLE 8 MEMBERS OF THE HOUSE OF COMMONS AND SENATE 8.01 No member of the House of Commons or the Senate of Canada will be admitted to any share or part of this Agreement, or to any benefit arising from it, that is not otherwise available to the general public. The Recipient will promptly inform FCM should it become aware of the exis tence of any such situation. ARTICLE 9 NO BRIBES 9.01 The Recipient guarantees that no bribe, gift or other inducement has been paid, given, promised or offered to any person in order to obtain this Agreement. Similarly, no person has been employed to solicit or secure the Agreement upon any agreement for a commission, percentage, brokerage or contingent fee. The Recipient also guarantees that it has no financial interest in the business of any third party that would affect its objectivity in carrying out the Pr oject. ARTICLE 10 AUDIT AND ACCESS 10.01 Audit and Access. (a) FCM reserves the right to undertake, at any time, at its expense, any audit of the records and accounts of the Recipient in relation to the Project. The Recipient agrees to ensure that prompt and timely corrective action is taken in response to any audit findings and recommendations conducted in accordance with this Agreement. The Recipient will submit to FCM in a timely manner, a report on follow-up actions taken to address recommendations and results of the audit. (b) The Recipient shall maintain proper and accurate financial accounts and records, including but not limited to its contracts, invoices, statements, receipts, employee timesheets, and vouchers, in respect of the Project. The Recipient covenants and agrees that it shall keep all such books and records of the Project until March 31, 2031. (c) Upon FCM’s request with reasonable prior notice thereto, the Recipient shall provide FCM and its designated representatives with reasonable and timel y access to sites, facilities, and any documentation relating to the Project for the purposes of audit, inspection, monitoring, evaluation, and ensuring compliance with this Agreement, and permit FCM to communicate directly with, including the receipt of i nformation from, its external auditors regarding its accounts and operations relating to the Project. (d) The Government of Canada, the Auditor General of Canada, and their designated representatives, to the extent permitted by law, will at all times be permitted to inspect the terms and conditions of this Agreement and any records and accounts respecting the Project and will have reasonable and timely access to sites, facilities and any documentation relevant for the purpose of audit. (e) The covenants, rights and obligations contained in this Article 10 shall survive the termination or expiry of this Agreement. ARTICLE 11 CONFIDENTIALITY 11.01 Confidentiality. (a) All processes, documents, data, plans, material, policies or information pertaining to either Party’s operations which is obtained by the other Party (“Receiving Party”) or furnished to the Receiving Party in connection with this Agreement and expressly identified as confidential thereby, including, without limitation, the terms of this Agreement, (“Confidential Information”) shall be maintained by the Receiving Party in strict confidence and shall not be disclosed to any person or entity for any reason or used by the Receiving Party except as necessary for it to perform its obligations hereunder. (b) The limitations contained in this section shall not apply to (a) Confidential Information which is in the public domain at the time of disclosure; (b) Confidential Information that becomes part of the public domain after disclosure through no fault of the Receiving Party; (c) Confidential Information that the Receiving Party can prove was known by the Receiving Party at the time of disclosure; (d) Confidential Information that the Receiving Party can prove was supplied to the Receiving Party by a third party or was independently developed by the Receiving Party; or (e) Confidential Information required to be disclosed pursuant to judicial process. ARTICLE 12 TERMINATION 12.01 Termination of the Agreement. (a) FCM may terminate this Agreement: (i) if the Recipient breaches any term or condition of this Agreement, and fails to remedy such breach upon the expiry of 15 Business Days’ written notice from FCM of such breach or, with respect to a breach that cannot be remedied within the 15 Business Day period, such longer period of time as FCM may reasonably provide the Recipient to remedy the breach, provided the Recipient has commenced to remedy the breach within the 15 Business Day period and is actively and diligently taking appropriate measures to remedy the breach; (ii) if the Recipient becomes insolvent and/or proceedings have been commenced under any legislation or otherwise for its dissolution, liquidation or winding -up, or bankruptcy, insolvency or creditors’ arrangement proceedings have been commenced by or against the Recipient; (iii) if, in FCM’s sole discretion, the Project cannot be completed as initially presented; and (iv) if the Parliament of Canada fails to pass an appropriation that is sufficient and constitutes lawful authority for the Government of Canada making the n ecessary payment to FCM for the project or program in relation to which the Grant is being provided. (b) Either Party may, on not less than 30 days’ prior written notice to the other Party, terminate this Agreement. 12.02 Effect of Termination. If this Agreement is terminated pursuant to Section 12.01, the Recipient may be: (a) reimbursed for all or a portion of the expenses they have incurred in relation to the Project up to the effective date of termination; or (b) required to pay back to FCM all or a portion of the Grant Amount that was disbursed by FCM to the Recipient prior to the effective date of termination; as applicable, all subject to FCM’s sole discretion and satisfaction, taking into consideration out - of-pocket expenses incurred and results reported by the Recipient in connection with the Project. ARTICLE 13 INDEMNITY 13.01 Indemnity. The Recipient hereby agrees to indemnify and hold harmless FCM and its officers, directors, employees and agents (collectively, 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 (collectively, a “Claim”), by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with this Agreement, but only to the extent that such Claim arises out of or is in connection with the Recipient’s breach of this Agreement or is caused by the negligence or wilful misconduct of the Recipient in the performance of its obligations hereunder or otherwise in connection with the Project. 13.02 Intellectual Property Indemnity. Recipient shall defend or settle at its expense any claim or suit against FCM arising out of or in connection with an assertion that the Recipient Intellectual Property infringes any intellectual property right and Recipient shall indemnify and hold harmless FCM from damages, costs, and attorneys’ fees, if any, f inally awarded in such suit or the amount of the settlement thereof; provided that (i) Recipient is promptly notified in writing of such claim or suit, and (ii) Recipient shall have the sole control of the defense and/or settlement thereof. ARTICLE 14 MISCELLANEOUS PROVISIONS 14.01 Notice. Any notice, document or other communication required to be given under this Agreement shall be in writing and shall be sufficiently given if sent by personal delivery/courier, registered mail or email to the other Party at its address indicated in Schedule D attached hereto, or to such other address, email address or person that the Party designates in writing to the other Party. The notice shall be deemed to have been delivered on the day of personal delivery, on the day received by email (as evidenced by a transmission confirmation), or on the fifth day following mailing. 14.02 Relationship of the Parties. The relationship between the Recipient and FCM is, and shall at all times be and remain, essentially that of a recipient and a grantor, and this Agreem ent does not and shall not be deemed to create a joint venture, partnership, and fiduciary or agency relationship between the Parties for any purpose. Neither the Recipient, nor any of its personnel are engaged as an employee, servant or agent of FCM. 14.03 Public Announcements. The Recipient shall cooperate with FCM, who will lead the preparation and issuance of the public funding announcement for the Project and/or the coordination of a public announcement event attended by FCM and the Government of Canada. The Recipient will be informed of the process immediately after the signature of this Agreement. If any public statement or release is so required, the Recipient shall promptly inform FCM of upcoming promotional events related to the Project and allow FCM and the Government of Canada to participate in such media activities or events. 14.04 Project Branding. The Recipient shall recognize and state in an appropriate manner, as approved by FCM, the financial assistance offered by FCM concerning the Pr oject and the contribution of the Government of Canada to FCM, as specified in Part 3 of Schedule C attached hereto. If requested by FCM, the Recipient shall have affixed, in content, form, location and manner acceptable to FCM, signage acknowledging the contribution of FCM and the Government of Canada to the Project. The Recipient shall adhere to the policies regarding the use of graphic design elements and signage as specified in Part 3 of Schedule C attached hereto. 14.05 Entire Agreement. This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior understandings, negotiations and discussions, whether written or oral. There are no conditions, covenants, agreements, understandings, representations, warranties or other provisions, express or implied, collateral, statutory or otherwise, relating to the subject matter hereof except as herein provided. 14.06 Survival. Except as otherwise provided herein, those sections of this Agreement which, by the nature of the rights or obligations set-out therein might reasonably be expected to survive any termination or expiry of this Agreement, shall survive any termination or expiry of this Agreement. 14.07 Amendments. No amendment of the Agreement will have any force or effect unless reduced to writing and signed by both Parties. 14.08 Assignment. The Recipient cannot assign this Agreement without the prior written consent of FCM. 14.09 Enurement. This Agreement shall enure to the benefit of, and shall be binding upon, the Parties and their respective, heirs, executors, administrators, successors and permitted assigns. 14.10 Governing Law. This Agreement shall be governed by and construed in accordance with the law of the Province of Ontario and the federal laws of Canada applicable therein. 14.11 Severability. Each of the binding provisions contained in this Agreement is distinct and severable. Any declaration by a court of competent jurisdiction of the invalidity or unenforceability of any binding provision or part of a binding provision will not affect the validity or enforceability of any other provision of this Agreement. 14.12 Waiver. No waiver of any provision of this Agreement shall be effective unless made in writing and signed by the waiving Party. The failure of any Party to require the performance of any term or obligation of this Agreement, or the waiver by any Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 14.13 Counterparts. This Agreement may be executed and delivered (including by facsimile transmission or in protocol document format (“PDF”)) in one or more counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall con stitute one and the same agreement. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the Parties hereto have executed and delivered this Agreement as of thedate written below. THECORPO OF THE TOWN OF TILLSONBURG+ Title: Mayor Per: Name 'Title: C Date 0- lark We have authority to bind the Recipient herein FEDERATION OF CANADIAN MUNICIPALITIES Per: Name: Bogdan Makuc I have authority to bind FCM herein. rector. CAMP lr . 2.,9 .,L d MAMP 15900 (28 pages) Schedule A Part 1 Conditions of Contribution The obligation of FCM to disburse the Grant Amount is conditional upon the Recipient satisfying the following conditions, to the satisfaction of FCM: Completed Request for Contribution in the form of Part 1 of Schedule C; Receipt and acceptance of Final Report, which is due within 30 days of Project end date, in accordance with the reporting template Part 2 of Schedule C; Receipt and acceptance of Evidence of Deliverables, as noted in the Final Report; Receipt and acceptance of Expense claim ; Letter of Attestation for Expense Claim, including confirmation that all expenses claimed are Eligible Expenditures, in the format of Part 4 of Schedule C. The Recipient acknowledges and agrees that, notwithstanding the foregoing conditions, FCM’s obligation to disburse the Grant Amount is subject to Article 7 of the Agreement. Schedule A Part 2 Description of Project, Statement of Work and Project Expenditures The Recipient will undertake a Project in accordance with the phases, activities and/or milestones outlined in the below Statement of Work. Project Number: MAMP 15900 – The Corporation of the Town of Tillsonburg, Ontario Project Title: Tillsonburg Asset Management Plan Implementation Project Project Sector: Asset Management (MAMP) Project Type: MAMP Projects Project Start Date Project End Date 8 November 2018 4 November 2019 Project Description The Corporation of the Town of Tillsonburg will collate and reconcile existing financial, inventory and condition data from all available records across all asset categories (road network, bridges network, stormwater network, bridges), into one data structure using CityWide software. It will also establish a standardized condition rating system across multiple asset categories. Additionally, the corporation will provide targeted Asset Management training to an expanded cross-functional Asset Management team including senior leadership, area managers and technical Asset Management staff. The Corporation will develop an Asset Management policy, systemic framework and a 2-year plan for Asset Management objectives and they will be endorsed by Council to achieve legislative compliance. MAMP 15900 (28 pages) Activity Deliverable 1. Asset Data Integration A set of documents, including those that follow, demonstrating: Departmental asset inventory data reconciled with TCA data pre- and post-project datasets: i.e. more accurate, comprehensive and up-to-date); Standardized condition rating system across multiple asset categories; Collated capital and operating data and maintenance records; Existing asset condtion assessment data; Documented levels of service provided for (road network, bridges network, stormwater network, fleet and equipment); Copies of AM reporting generated; and Evidence that data has been entered in City Wide database (screen shots, extracted asset reports, etc.). 2. Internal Capacity Building A set of documents confirming internal capacity building: Terms of reference for AM Working Group including organizational structure map; Results of successful recruitment of AM Supervisor; and Training attendance records (senior leadership and Council, and to the technical AM staff) and copies of training materials. 3. Policy and framework development A set of documents confirming the development of the Town’s asset management strategy, including: Completed AM policy, strategic framework and multi-year implementation plan; Minutes of Council decision endorsing AM policy, framework and implementation plan; and Documented compliance with legislated deadlines. Activity Start date: End date: Eligible Expenditures ($) Ineligible Expenditures ($) Total Expenditure ($) Asset Data Integration 8 November 2018 4 November 2019 Reconciliation and update of PSAB, TCA & current capital spending data (new staff cost) $40,000.00 $2,000.00 $42,000.00 Integration of existing databases & tools with asset management software (City-Wide) $25,000.00 $25,000.00 $50,000.00 Activity 1 Subtotals $65,000.00 $27,000.00 $92,000.00 Internal Capacity Building 8 November 2018 4 November 2019 Training for SLT & managers - bringing external expertise to Tillsonburg $5,500.00 $1,000.00 $6,500.00 Recruitment of Asset Management Supervisor $44,000.00 $2,200.00 $46,200.00 Training for Asset Management team - sending technical staff for technical training $5,500.00 $500.00 $6,000.00 Workspace and computers $0.00 $5,500.00 $5,500.00 Activity 2 Subtotals $55,000.00 $9,200.00 $64,200.00 MAMP 15900 (28 pages) Policy and framework development 8 November 2018 4 November 2019 Preparation of an AM Policy $0.00 $0.00 $0.00 Preparation of a systemic framework for AM planning $0.00 $0.00 $0.00 Preparation of a 2-year plan of AM objectives $0.00 $0.00 $0.00 Approval by Council $0.00 $0.00 $0.00 Activity 3 Subtotals $0.00 $0.00 $0.00 Total Expenditures $120,000.00 $36,200.00 $156,200.00 Total Eligible Expenditures $120,000.00 Schedule A Part 3 Reporting Requirements and Project Deliverables The following report is to be provided to FCM at the completion of the Project. The format of the report is as provided in Part 2 of Schedule C. Name of Report Due Date: Content Final Report 2 March 2020 The content and format of this report is provided in Schedule C, Part 2. MAMP 15900 (28 pages) Schedule B Part 1 Grant amount Subject to the terms and conditions of this Agreement, FCM agrees to contribute towards the Eligible Expenditures an amount (the “Grant Amount”) that is equal to the lesser of: the sum of fifty thousand dollars ($50,000.00); or eighty percent (80.0%) of Eligible Expenditures; Notwithstanding the foregoing, if the aggregate amount of funding received or to be received from all sources of funding, other than the Recipient, as described in Part 2 of Schedule B (all as determined and calculated by FCM) is greater than the total expenditures incurred b y the Recipient in respect of the Project then FCM may reduce the Grant Amount to such amount as it deems appropriate, in its sole and absolute discretion. Schedule B Part 2 Particulars of the Sources of Funding The funding sources for this initiative are outlined in the table below. Each funding source indicates the amount of funding and when the funding was confirmed or is expected to be confirmed. Funding source Description Confirmed (Y/N) Date committed DD-MM-YYYY Amount ($) % of total budget FCM Grant Grant Y 4 December 2018 $50,000.00 32.0% The Corporation of the Town of Tillsonburg 2018 Capital Budget Y 8 January 2018 $100,000.00 64.0% The Corporation of the Town of Tillsonburg Budget Y 8 January 2018 $6,200.00 4.0% Total funding: $156,200.00 100.0% Budget total expenditures $156,200.00 Budget total Eligible Expenditures $120,000.00 MAMP 15900 (28 pages) Schedule B Part 3 Payment Schedule/ Period of Funding FCM will disburse the Grant Amount as determined in this table upon completion of activities, as evidenced by submission and acceptance by FCM of the Final Report and a Request for Contribution. The Final Report and Request for Contribution must be submitted at least 30 days prior to the requested date of disbursement. The Recipient must notify FCM in writing of any anticipated delays in this disbursement schedule. FCM reserves the right to adjust dates of disbursement or amounts subject to Article 7 of the Agreement. Deliverable Date of Report Submission Forecast Date of Disbursement Maximum Amount of Disbursement Final Report 2 March 2020 2 April 2020 $50,000.00 Period of Funding: The Period of Funding is defined as the period between Project Start Date and 30 days after the Project End Date as set out in Part 2 of Schedule A. MAMP 15900 (28 pages) Schedule C Part 1 Request for Contribution, Letter of Attestation and Expense Claim [LETTERHEAD OF THE RECIPIENT] [Address] [Date] Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario K1N 5P3 Attention: Hidayate Adebo Project Officer - MAMP Ladies and Gentlemen: Re: MAMP – no. 15900 Agreement between the Federation of Canadian Municipalities (as Trustee) and the The Corporation of the Town of Tillsonburg (“Recipient”) (the “Agreement”) I, [Instruction: insert the name of a person named in the Agreement], the [Instruction: insert the title], of the Recipient certify and confirm that the Recipient is requesting the Contribution and that the Recipient has satisfied each condition of contribution listed below. I understand that all information below must be submitted and accepted in order for FCM to be able to proceed to funds transfer. I am attaching to this request for contribution all documents specified in Part 1 of Schedule A: Project Final Report, with all content specified in the template (Part 2 of Schedule C); and Letter of Attestation. In addition, I have also attached the following documents: The Expense Claim; Updated statement of funding sources and amounts (Part 2 of Schedule B); A void cheque, for the bank account where the Recipient would like FCM to disburse the Contribution. Signature:___________________________________ Date:_____________________________ MAMP 15900 (28 pages) Schedule C Letter of Attestation for Expense Claim [LETTERHEAD OF THE RECIPIENT] [Address] [Date] TO: The Federation of Canadian Municipalities This letter of attestation (the “Letter”) is issued pursuant to the Agreement #15900 (project number) dated _______ (the “Agreement”) between the Federation of Canadian Municipalities (“FCM”) and the The Corporation of the Town of Tillsonburg (the “Recipient”), and in support of the expense claim submitted by the Recipient to FCM for reimbursement of expenses incurred and paid by the Recipient in relation to the Project (the “Expense Claim”). All defined terms used in this Letter and not otherwise defined shall have the corresponding meaning in the Agreement. I am an authorized officer of the Recipient and I hereby certify, in satisfaction of the terms and conditions of the Agreement, that: i. All expenses claimed in the Expense Claim have been incurred and paid by the Recipient; ii. All expenses claimed in the Expense Claim relate to the Project; iii. All expenses claimed in the Expense Claim relate to Eligible Activities in compliance with the eligible activity requirements described in Part 4 of Schedule C to the Agreement; and iv. All expenses claimed in the Expense Claim are Eligible Expenditures in compliance with the eligible expenditure requirements described in Part 4 of Schedule C to the Agreement. v. All expenses claimed have been incurred during the Period of Funding. _______________________________________ Name and title of authorized officer of Recipient _____________________________ ______________________ Signature Date MAMP 15900 (28 pages) Expense Claim [LETTERHEAD OF THE RECIPIENT] [Address] [Date] Project Number MAMP 15900 Project Title Tillsonburg Asset Management Plan Implementation Project The following expenditures have been incurred from the period between XXXX and YYYY for the completion of the activities identified. Activity Completed Total Budgeted Expenditures ($) (as per Part 2 of Schedule A per activity) Total Actual Eligible Expenditures Net of Tax Rebates per activity ($) Total Actual Ineligible Expenditures Net of Tax Rebates per activity ($) Total Actual Expenditures Net of Tax Rebates per activity ($) Asset Data Integration $92,000.00 Internal Capacity Building $64,200.00 Policy and framework development. $0.00 Total Expenditure ($) $120,000.00 $ $ $ Expenditures Incurred by Expenditure Category (as per Part 4 of Schedule C) Total Actual Eligible Expenditures Net of Tax Rebates ($) Total Actual Ineligible Expenditures Net of Tax Rebates ($) Total Actual Expenditures Net of Tax Rebates ($) Administrative and Overhead Expenditures Capital Expenditures Equipment Rental In-Kind N/A Training Professional and/or Technical Services Staff remuneration Supplies and Materials Travel and accommodation Total Expenditures Incurred ($) $ $ $ MAMP 15900 (28 pages) Schedule C Part 2 Completion Report Templates FINAL REPORT FCM’s Municipal Asset Management Program (MAMP) Project number (Pre-filled by MAMP)(Pre-filled by MAMP) Project title (Pre-filled by MAMP) Name of lead applicant (organization) (Pre-filled by MAMP) Name of Authorized Officer (signatory) Date Note: If completing this form electronically, the boxes will expand to accommodate text. 1. Reporting on activities Activity Completed? Y/Partial/No Deliverable Title of submitted deliverable document 1. (Pre-filled by MAMP) Choose an item (Pre-filled by MAMP) 2. (Pre-filled by MAMP) Choose an item (Pre-filled by MAMP) 3. (Pre-filled by MAMP) Choose an item (Pre-filled by MAMP) For any activities marked No or Partial above, please explain the deviation from the scope of work. MAMP 15900 (28 pages) 2. Reporting on outcomes Conduct a final self-assessment using the Asset Management Readiness Scale. We recommend that you bring a cross-functional group of staff together to do this assessment. Referring to the Asset Management Readiness Scale, look at the outcome statements for each level. Identify which outcomes you have achieved. If you have completed all the outcomes for a particular level, you have completed that level. Based on your self-assessment, complete the table below. Competency Project readiness level at start of project (as stated in application) Project readiness level at end of project (level for which you have completed all outcomes) Notes on progress made For each outcome area in which you made progress during the project, provide one sentence to describe the actions taken. (Note: these areas correspond with outcomes identified in the Asset Management Readiness Scale) 1. Policy and governance (Pre-filled by MAMP) Choose a level Policy and objectives Strategy and frameworks Measurement and monitoring 2. People and leadership (Pre-filled by MAMP) Choose a level Cross-functional groups Accountability Resourcing and commitment 3. Data and information (Pre-filled by MAMP) Choose a level Asset data Performance data Financial data 4. Planning and decision- making (Pre-filled by MAMP) Choose a level Documentation and standardization Asset investment plans Budgets 5. Contribution to asset management practice (Pre-filled by MAMP) Choose a level Training and development Knowledge sharing — internal Knowledge sharing — external Were there additional factors or programs — other than FCM project funding — that contributed to your project outcomes? If so, please provide a short description of any other important contributing factors. MAMP 15900 (28 pages) 3. Identifying other outcomes In addition to the outcomes described in the table above, please describe any other changes that occurred because of your project. Examples might include a change in interest in asset management, cost savings, a change in departmental budget priorities, and so on. For each additional change that you have observed, please answer the following questions: What change did you observe over the course of the project? What/who contributed to this change? How do you know this change has happened? Why is this change important? Other changes 1. 2. 3. 4. Lessons learned What worked well? What would you recommend to other municipalities undertaking the same work? Please provide 1–3 lessons. Lesson (one short statement) Description (provide any additional detail here) 1. 2. 3. What would you do differently? If you were to do this project again, what would you change? Please provide 1 –3 lessons. Lesson (one short statement) Description (provide any additional detail here) 1. 2. 3. Note: These lessons will be compiled and shared, without attribution, with other municipalities and practitioners to advance asset management knowledge. MAMP 15900 (28 pages) 5. Resources Please list and describe any external human resources (i.e. organizations or personnel) that you worked with during the project. Name of organization or person How did you identify this organization or person? Brief description of their contribution 1. 2. 3. Please list and evaluate other key information sources, tools, templates, training materials, etc., that you used to assist your work during this project. Note: This list may be used to inform other municipalities and organizations of available information and resources. Title of tool/resource How did you identify this tool/resource? How useful was the tool/resource? Description/comments 1. Choose an item 2. Choose an item 3. Choose an item 4. Choose an item 5. Choose an item 6. Reporting on budget Please complete the final budget reporting template, found in Schedule C of your contract, including all eligible expenses, and submit it together with this final report. Please confirm whether either or both of the following statements are true: The actual expenditure for any activity in this project deviated by more than 15% from the budget presented in the application. Some of the expenditures included in the final budget report were used for activities marked as Partial or Not Completed in Question 1. If you ticked either of the above statements, please explain why your actual expenditures varied from the original activity budget. FCM staff may contact you for further details. MAMP 15900 (28 pages) 7. Next steps What are your next steps to improve your community’s asset management practices? Next step Do you need outside help to take this next step? If so, what help do you need? 1. 2. 3. 8. Interest in knowledge sharing Peer learning is a priority for FCM’s Municipal Asset Management Program (MAMP). Please indicate if you are interested in sharing your lessons through MAMP with peer municipalities and organizations. Yes, we are interested in sharing our results and experiences at peer learning events. 9. Individuals involved in reporting Please list the titles of the individuals that contributed to, or were consulted in, the completion of this report. 10. Comments (for FCM internal use) (optional) FCM will continue to adapt and improve the MAMP program throughout its life cycle. We welcome all feedback about the program, or your experience, that might help us make it more useful in the future. MAMP 15900 (28 pages) 11. Testimonials (for public use) (optional) FCM and Infrastructure Canada would appreciate a testimonial as to the value that MAMP funding has provided. How has the Municipal Asset Management Program supported your municipality or organization in making better-informed infrastructure decisions? Why is this important for your community? Yes, I give my permission to use the above statements publicly, with attribution to the municipality or organization. Signature By typing my name below and submitting this report, I am providing my signature and I certify that the above final report is complete and accurate in its entirety. Signed by the Authorized Officer MAMP 15900 (28 pages) Schedule C Part 3 Accepted Practices The Recipient shall incorporate the following language into the Final Plan or Final Study or Final Capital Project, as applicable, and the Final Completion Report, unless it has received written notice to the contrary from FCM: “© 20XX, The Corporation of the Town of Tillsonburg. All Rights Reserved. The preparation of this document was carried out with assistance from the Government of Canada and the Federation of Canadian Municipalities. Notwithstanding this support, the views expressed are the personal views of the authors, and the Federation of Canadian Municipalities and the Government of Canada accept no responsibility for them.” Schedule C Part 4 Eligible Expenditures Eligible expenses must be incurred after Eligible Expenditure Date of 8 November 2018. Expenditure Category Eligible expenditures Ineligible expenditures 1) Pre-application N/A Any expenditure incurred prior to FCM’s eligible expenditure date. Expenditure of developing this proposal or application. 2) Administrative and Overhead Expenditures Administrative expenditures that are directly linked to and have been incurred for the project, such as: Communication expenditures (e.g. long-distance calls or faxes). Outsourced printing or photocopying. Acquisition of documents used exclusively for the project. Document translation. Transportation, shipping and courier expenditures for delivery of materials essential for the project. Design and production of communication products to promote project outcomes and benefits to the public. General overhead expenditures incurred in the regular course of business, such as: Office space, real estate fees and supplies. Financing charges and interest payments. Promotional items. Permits or certifications. Advertising, website development, project education materials or expenditures to disseminate project communications products. Hospitality expenses (food and drink, alcohol, entertainment, etc.). MAMP 15900 (28 pages) 3) Capital Expenditures Asset management-related software. Note: FCM’s contribution to this expense may not exceed 50% of FCM’s total contribution to the project. Any other capital expenditures or amortization expenses. 4) Equipment Rental Rental of tools and equipment. Related operating expenditures such as fuel and maintenance expenditures. Rental of tools or equipment related to regular business activities. 5) In-Kind N/A Any goods and services received through donation. 6) Training Expenditures associated with accessing reference materials such as standards, templates and toolkits. Expenditures associated with attending training sessions, (provided externally) or bringing training in-house. Any hospitality expenses such as: Food and drink Alcohol Door prizes Entertainment Music Decorations Flowers, centerpieces Etc. 7) Professional and/or Technical Services Fees for professional or technical consultants and contractors, incurred in support of eligible activities. Expenditures associated with regular business activities not related to the project. Legal fees. 8) Staff Remuneration Daily rates actually paid by the Eligible Recipient to its Employees in Canada for time actually worked on the implementation of the Project. The daily rate per employee shall include the following costs: a) direct salaries: actual and justifiable sums paid by the Eligible Recipient to Employees in accordance with the Eligible Recipient’s pay scales as regular salary excluding overtime pay and bonuses. b) fringe benefit: in accordance with the Eligible Recipient’s policies, as follows: i. time-off benefits (prorated to the annual percentage (%) of time actually worked on the In-kind contribution of services. Participant salaries. Expenditures related to regular business activities. Overtime Pay Bonuses / performance pay. Fringe benefits such as; o sick days o pension plan o any other fringe benefits not listed as eligible Costs related to ongoing or other business activities and not specifically required for the project. Staff wages while receiving training or attending learning events. Professional membership fees or dues. MAMP 15900 (28 pages) implementation of the Project): allowable number of days to be paid by the Eligible Recipient for the following payable absences: statutory holidays, annual vacation, and paid benefits: actual sums paid by the Eligible Recipient for paid benefits (prorated to the annual percentage (%) of time actually worked on the implementation of the Project): the Eligible Recipient’s contribution to employment insurance and workers’ compensation plans (where applicable), health and medical insurance, group life insurance, or other mandatory government benefits; Note: Labour costs must be documented in a manner that meets audit standards for verification of eligibility of cost and level of effort. 9) Supplies and materials Supplies and materials required to undertake the project. Expenditures related to regular business activities 10) Taxes The portion of Provincial/Harmonized Sales Tax and Goods and Services Tax for which your organization is not eligible for rebate. The portion of Provincial /Harmonized Sales Tax and Goods and Services Tax for which your organization is eligible for rebate, and any other expenditures eligible for rebates. 11) Travel and Accommodation For individuals on travel status (individuals travelling more than 16 km from their assigned workplace - using the most direct, safe and practical road.); Travel and associated expenses for implementing partners, guest speakers and consultants to the extent that the travel and accommodation rates comply with the Treasury Board of Canada guidelines, and to the extent that such travel is necessary to conduct the initiative. www.canada.ca/en/treasury-board- secretariat/services/travel- MAMP 15900 (28 pages) Note: Invoices, receipts and timesheets (where applicable), must be sufficiently detailed to enable verification of expenditure eligibility and level of effort. relocation/travel-government- business.html Where justified, participant travel costs may be claimed with prior written consent from FCM. Under no circumstances will participant honorariums be covered. MAMP 15900 (28 pages) Schedule D Contact Information Notices and Requests Any notice, demand, request or other communication to be given or made under this Agreement to FCM or to the Recipient, other than a notice of default, shall be in writing and may be made or given by personal delivery, by ordinary mail, by facsimile or by electronic mail. A notice of default shall be in writing and delivered by registered mail. Notices shall be addressed as follows: FCM Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario K1N 5P3 Attention: Hidayate Adebo, Project Officer Email: hadebo@fcm.ca Recipient The Corporation of the Town of Tillsonburg 200 Broadway Street Tillsonburg, Ontario N4G 5A7 Attention: Claudia Puchalski, Asset Management Supervisor Email: CPuchalski@tillsonburg.ca