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3409 To authorize an agreement with The Association of Municipalities of Ontario to amend the Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues.THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3409 A BY-LAW to authorize an agreement with The Association of Municipalities of Ontario to amend the Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues WHEREAS The Town of Tillsonburg is desirous of entering into an agreement with The Association of Municipalities of Ontario to amend the Municipal Funding Agreement for the Transfer of Federal Gas 'Fax Revenues Under the New Deal for Cities and Communities. THEREFORE the Council of the Town of Tillsonburg enacts as follows: I'THAT Schedule "A" attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. READ A FIRST AND SECOND TIME THIS 14!h DAY OF March 8, 2010. READ A THI" AND FINAL TIME AND PASSED THIS UP DAY OF March 8, 2010. M.A'Y6`R- Stephen Molnar CLERK -Michael Graves THIS AMENDING AGREEMENT made in duplicate this ; day of (A. BETWEEN: THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO (referred to herein as "AMO") THE CORPORATION OF THE TOWN OF TILLSONBURG (referred to herein as the "Recipient") WHEREAS Canada, Ontario and Ontario municipalities, as represented by AMO and Toronto entered into an Agreement for the Transfer of Federal Gas Tax Revenues Under the New Deal for Cities and Communities on June 17, 2005 (amended on June 20, 2007) (the "Canada -Ontario -AMO -Toronto Agreement"), whereby AMO agreed to administer funds on behalf of Ontario municipalities made available pursuant to the Canada -Ontario -AMO - Toronto Agreement on behalf of Canada; WHEREAS the Canada -Ontario -AMO -Toronto Agreement outlines a framework for the transfer of funds to Ontario municipalities, represented by AMO and Toronto with stable, reliable and predictable funding for environmentally sustainable infrastructure purposes; WHEREAS Canada, Ontario and Ontario municipalities, represented by AMO and Toronto have amended the Canada -Ontario -AMO -Toronto Agreement on September 3, 2008, in order to confirm municipalities' Gas Tax Fund allocations to 2014; AND WHEREAS AMO and the Recipient have previously entered into a Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues Under the New Deal for Cities and Communities; NOW THEREFORE this Amending Agreement witnesseth that: 1. The preamble forms an integral part of this Amending Agreement. 2. Terms not defined in this Amending Agreement have the meanings assigned in the Municipal Funding Agreement For the Transfer of Federal Gas Tax Revenues Under The New Deal for Cities and Communities. a. Audit Statement definition is deleted and replaced as follows: "Audit Statement" means a written audit statement to be prepared and delivered to AMO as set out in section 7.1-h hereto. b. End of Funds definition is deleted and replaced as follows: "End of Funds" means March 31, 2014. c. Infrastructure Program definition is deleted and replaced as follows: "Infrastructure Program" means Canada's infrastructure programs in existence at the time of the execution of this Agreement. d. Large Municipalities definition is deleted and replaced as follows: "Large Municipalities" means those Municipalities with a 2006 National Census data population of 500,000 or more including the Regional Municipalities of Durham, Peel and York and the Cities of Hamilton, Mississauga and Ottawa. e. Treasurer definition is added: "Treasurer" means a municipal treasurer as defined in subsection 286(1) of the Municipal Act, 2001 (Ontario). f. Treasurer's Certificate definition is added: "Treasurer's Certificate" means a written statement by the Treasurer to be prepared and delivered to AMO as set out in section 7.1 i hereto and in the form identified in Schedule H attached. 3. Section 2.1 is deleted and replaced as follows: 2.1. Term. Subject to any extension or termination of this Agreement or the survival of any of the provisions of this Agreement pursuant to the provisions contained herein, this Agreement shall be in effect from the date set out on the first page of this Agreement, up to and including March 31, 2015. 4. Section 3.1c is deleted and replaced as follows: c. ensure that there is no reduction in capital funding provided by Municipalities for Municipal Infrastructure. 5. Section 3.1 d is deleted and replaced as follows: d. In the case of Recipients that are Municipalities in excess of 100,000 in population, ensure that over the period of January 1, 2010 to March 31, 2014 the Recipient's capital spending on Municipal Infrastructure shall not fall below its Base Amount; and, 6. Section 3.1 e is added: e. ensure any of its contracts for the supply of services or materials to implement its responsibilities under this Agreement shall be awarded in a way that is transparent, competitive, consistent with value for money principles and pursuant to its adopted procurement policy. 7. Section 4.2 is deleted and replaced as follows: 4.2. Exception. For Large Municipalities, the list of eligible categories shall consist of no more than two (2) of the categories in Section 4.1 a. to f. 8. Section 5.4 is deleted and replaced as follows: 5.4. Retention of Receipts. The Recipient shall retain all evidence (such as invoices, receipts, etc.) of payments related to Eligible Costs and such supporting documentation must be available to Canada when requested and maintained by the Recipient for audit purposes in accordance with the municipal records retention by-law. 9. Section 6.7 is deleted and replaced as follows: 6.7. Expenditure of Funds. The Recipient shall expend all Funds by December 31, 2016. 10. Section 6.8 is deleted and replaced as follows: 6.8. GST and HST. The use of Funds is based on the net amount of goods and services tax or harmonized sales tax to be paid by the Recipient pursuant to the Excise Tax Act (Canada) net of any applicable rebates. 11. Section 7.1 h is deleted and replaced as follows: h. an annual Audit Statement, if Funds were applied to Eligible Costs incurred for Eligible Projects in respect of the previous Municipal Fiscal Year. An annual Audit Statement is to be prepared by the Recipient's auditor in accordance with section 5815 of the Canadian Institute of Chartered Accountants Handbook — Special Reports Audit Reports on Compliance With Agreements, Statutes and Regulations, providing assurance that the terms of the Agreement have been adhered to and Funds received by the Recipient have been spent in accordance with the Agreement; 12. Section 7.1 i is added: i. a Treasurer's Certificate, if Funds were not applied to Eligible Costs incurred for Eligible Projects in respect of the previous Municipal Fiscal Year. A Treasurer's Certificate is to be prepared by the Recipient's Treasurer, providing assurance that activity related to sections 6.4, 6.5, and 11 has been conducted within the terms and conditions of the Agreement. 13. Section 7.2 is deleted and replaced as follows: 7.2. Outcomes Report. The Recipient shall account in writing for outcomes achieved as a result of the Funds through an Outcomes Report to be submitted to AMO upon completion of an Eligible Project and to be made available publicly in manner consistent with financial reporting under the Municipal Act, 2001 S.O. 2001 c.25 by March 31 St of the following Municipal Fiscal Year. a. The Recipient's Outcomes Report shall report in writing on the cumulative. investments made, in a manner to be provided by AMO, including information on the degree to which these investments have actually contributed to the objectives of cleaner air, cleaner water and reduced greenhouse gas emissions. 14. Section 9.2 is deleted and replaced as follows: 9.2. Separate Records. The Recipient shall maintain separate records and documentation for the Funds and keep all records including invoices, statements, receipts and vouchers in respect of Eligible Projects that Funds are paid in respect of in accordance with the municipal records retention by-law. Upon reasonable notice, the Recipient shall submit all records and documentation relating to the Funds to Canada for inspection or audit. 15. Notwithstanding the date of execution of this Amendment Agreement, the provisions of this Amending Agreement are in effect as of January 1, 2010 and continue in effect for the duration of the term of the Municipal Funding Agreement For the Transfer of Federal Gas Tax Revenues Under The New Deal for Cities and Communities. 16. Section 14.3 is deleted and replaced as follows: 14.3. Addresses for Notice. Further to Section 14.1 of this Agreement, notice can be given at the following addresses: a. If to AMO: Executive Director Federal Gas Tax Agreement Association of Municipalities of Ontario 200 University Avenue, Suite 801 Toronto, ON M5H 3C6 Telephone: 416-971-9856 Facsimile: 416-971-6191 Email: gastax(a�amo.on.ca b. If to the Recipient: Darrell Eddington Director of Finance/Treasurer Town of Tillsonburg 200 Broadway Street, 2nd Floor Tillsonburg, ON N4G 5A7 Telephone: (519) 842-6428 x3251 Facsimile: (519) 842-9431 Email: deddington@tillsonburg.ca 17. Section 15.4 is deleted and replaced with the following: 15.4 Survival. The following schedules, sections and provisions of this agreement shall survive the expiration or early termination hereof: Sections 5, 6.77 71 9.31 10.41 10.51 117 12.37 15.7, and Schedule G. 18. Section 16.1, Schedule A is amended as attached. 19. Section 16.1, Schedule H is added as attached. 20. Except as amended herein, the provisions of the Municipal Funding Agreement For the Transfer of Federal Gas Tax Revenues Under The New Deal for Cities and Communities remain in full force and effect. IN WITNESS WHEREOF this Agreement has been executed by the duly authorized officers of the parties hereto as of the date first above written. RECIPIENT'S NAME: THE CORPORATION OF THE TOWN OF TILLSONBURG By: ffix orporate C., a Name: Title: Date D6te THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO By: Title: Executive Director In the presence of: Witness Title: Director of Administration and Business Development Date Date