3481 To enter into an agreement for the purposes of establishing the Rural Connections Broadband Program Funding (2)Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
RURAL CONNECTIONS BROADBAND PROGRAM
FUNDING AGREEMENT
THIS AGREEMENT made in duplicate as of the day of ^' I 201 1
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO,
as represented by the Minister of Agriculture, Food and Rural Affairs
(referred to herein as the "Ministry")
-and -
THE CORPORATION OF THE TOWN OF TILLSONBURG
(referred to herein as the "Recipient")
WHEREAS the Government of Ontario is investing in Ontario's infrastructure;
AND WHEREAS the Ministry has established the Rural Connections Broadband Program (the
"Program") to address barriers to economic growth, and ensure that Ontario's rural communities
remain viable, healthy and vibrant places in which to live, work and invest;
AND WHEREAS it is the desire of the Ministry to fund the Recipient for the purpose of building
modern, efficient and reliable telecommunications systems;
NOW THEREFORE in consideration of the mutual covenants and agreements contained herein and
for other good and valuable consideration, the receipt and sufficiency of which is hereby expressly
acknowledged, the parties hereto agree as follows:
1.0 Definitions
1.1 In this Agreement the following words shall have the following meanings:
(a) "Aboriginal Group(s)" includes the Indian, Inuit and the Metis peoples of Canada or
another group holding Aboriginal or treaty rights under Section 35 of the Constitution
Act, 1982.
(b) "Adjust the Financial Assistance" means adjust the amount of the Financial
Assistance on the Project or the amount of financial assistance to the Recipient for any
other project(s) under any round of the Ministry's Rural Connections broadband
initiatives, or any other provincial programs, either current or future, and/or require
repayment for some or all of the Financial Assistance of the Project in an amount to be
determined by the Ministry and within the period specified by the Ministry.
(c) "Agreement" means this Agreement between the Ministry and the Recipient and all
schedules and attachments to this Agreement, and any instrument amending this
Agreement;
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(d) "Allowable Financial Assistance" has the meaning given to it in Section 7.1 of this
Agreement;
(e) "Budget" means the Project budget set out in Schedule "B" hereto;
(f) "Eligible Cost(s)" has the meaning given to it in Sections 3 and 6 of this Agreement
and Schedule "D" hereto;
(g) "End of Financial Assistance Date" means March 31, 2012;
(h) "Environmental Laws" means all applicable federal, provincial or municipal laws,
regulations, by-laws, orders, rules, policies or guidelines respecting the protection of the
natural environment, public or occupational health or safety, and the manufacture,
importation, handling, transportation, storage, disposal and treatment of environmental
contaminants and include without limitation, the Environmental Protection Act (Ontario),
the Environmental Assessment Act (Ontario), the Ontario Water Resources Act, the
Canadian Environmental Protection Act, 1999, the Canadian Environmental
Assessment Act, the Fisheries Act (Canada) and the Navigable Waters Protection Act
(Canada);
(i) "Event of Default" has the meaning given to it in Section 20 of this Agreement;
(j) "Expiration Date" means March 31, 2012;
(k) "Final Report" means the documentation and template requirements as identified in
Schedule "H" Final Report;
(I) "Final Report Date" means 90 days after the completion date of the Project;
(m) "Fiscal Year" means the period beginning on April 1st of a year and ending on March
31st of the following year;
(n) "Financial Assistance" means the financial assistance provided to the Recipient by the
Ministry pursuant to this Agreement as a proportionate share of the total Eligible Costs
as indicated in Schedule "C" Financial Assistance;
(o) "Ineligible Cost(s)" has the meaning given to it in Section 3 of this Agreement and
Schedule "D" hereto;
(p) "Maximum Financial Assistance" means the total amount of Financial Assistance
provided to the Recipient and in any event shall be no greater than the Maximum
Financial Assistance outlined in Schedule "C";
(q) "Project" means the Project described in Schedule "A" - Description of the Project;
(r) "Projected Expenditures" means the projected budget line items as outlined in
Schedule "B";
(s) "Substantially Performed" has the meaning set out in and shall be determined in
accordance with subsection 2(1) of the Construction Lien Act (Ontario).
2.0 Term of the Agreement
2.1 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 the
Expiration Date.
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2.2 Notwithstanding anything in this Agreement and regardless of the Project's state of
completion, the Ministry shall not be obligated to provide Financial Assistance under this
Agreement after the End of Financial Assistance Date.
2.3 The division of this Agreement into schedules, articles, sections, clauses, paragraphs and the
insertion of headings are for convenience or reference only, and shall not affect the
construction or interpretation of this Agreement.
3.0 Financial Assistance
3.1 In order for a cost to be eligible for Financial Assistance pursuant to this Agreement (an
"Eligible Cost"), it must be described in Schedule "D" and be specifically identified in Schedule
"B", except where otherwise expressly approved in writing by the Ministry. For greater
certainty, where Schedule "A" identifies a portion of the works that are specifically excluded
from the description of the Project under this Agreement, the costs associated with that portion
of the works are not eligible.
3.2 Subject to Section 3.1, the eligibility of any items not listed in Schedule "D" to this Agreement
will be determined in accordance with Ministry policies and guidelines. The final eligibility of
such items claimed is at the sole discretion of the Ministry.
3.3 Notwithstanding anything else contained herein, the costs that are not eligible for Financial
Assistance pursuant to this Agreement are set out in Schedule "D" ("Ineligible Costs").
3.4 The Recipient acknowledges that the Ministry's fiscal year ends on March 31 in each year,
and that should a cost not be submitted by the Recipient for Financial Assistance before
March 31 of the Fiscal Year following the year in which it was incurred, such cost shall be
deemed to be ineligible for Financial Assistance.
3.5 The Ministry shall provide the Financial Assistance to the Recipient in the proportion of one
third (1/3) of the total approved Eligible Costs to a maximum of $1,000,000.00 over the term of
the Agreement as described in Schedule "C". The Recipient is responsible for securing the
remaining share of the project costs.
3.6 Subject to Section 6.3, the Ministry shall disburse the Financial Assistance upon receipt and
approval by the Ministry of the Claim Submission attached as Schedule "F", including
documentation acceptable to the Ministry.
3.7 For clarity, the Recipient hereby expressly acknowledges that the inclusion of an item in the
Budget does not necessarily mean that such item is an Eligible Cost. Where there is a conflict
between the Budget and this section, the provisions of this section shall prevail.
3.8 Despite Sections 3.1 and 3.2, the Ministry, in its sole discretion, may adjust or terminate the
amount of Financial Assistance to be provided to the Recipient in any Fiscal Year during which
the Agreement is in effect based upon the Ministry's assessment of the current year's financial
report provided to the Ministry as required.
3.9 Despite Sections 3.1 and 3.2 and 3.6, the Ministry shall not provide any Financial Assistance
to the Recipient until the insurance and sureties requirements described in Section 16 havebeen met.
4.0 Project
4.1 The Recipient shall be responsible for ensuring the undertaking, implementation and
completion of the Project is substantially in accordance with the description of the Project
attached as Schedule "A" and Schedule "B" by March 31, 2012.
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4.2 The Recipient shall not make any changes to the Project without the prior written consent of
the Ministry.
5.0 Funding Payment
5.1 The Recipient shall only seek reimbursement for actual paid third party expenses for the
purpose of completing the Project in accordance with the Projected Expenditures identified in
Schedule "B" and Eligible Costs identified in Schedule "D".
5.2 The Recipient shall not make any changes to Projected Expenditures identified in Schedule
"B" without the prior written consent of the Ministry.
5.3 Where the actual expenses paid by the Recipient are lower than the Projected Expenditures
identified in Schedule "B", the Recipient shall notify the Ministry and the Ministry may, in its
sole discretion, adjust or terminate the Financial Assistance.
5.4 The Recipient shall immediately notify the Ministry if it does not intend to carry out the Project
in whole or in part as specified in Schedule "A" in which case the Ministry may, in its sole
discretion, adjust or terminate the Financial Assistance.
6.0 Payment Terms
6.1 The Ministry will pay the Recipient according to the deliverables and milestones outlined in
Schedules "B" and "E".
6.2 Subject to the conditions referred to in Subsection 6.3, the Ministry shall pay one hundred
percent (100%) of the province's one-third share of Eligible Costs, as described in Schedule
"D" for each claim received, until the total payments reach ninety percent (90%) of the
Financial Assistance.
6.3 The ten percent (10%) holdback of the Financial Assistance will be reimbursed once the
Project is complete and the Ministry's approves the Final Report submitted by the Recipient.
6.4 In order for a cost or expense to be eligible for Financial Assistance pursuant to this
Agreement,
(a) the cost or expense must, be reasonable;
(i) be directly related to the components of the Project as described in
Schedule "A";
(ii) be specifically identified as an Projected Expenditures for the Project as
set out in Schedule "B";
(iii) comply with the terms as set out in Schedule "D";
(iv) subject to Section 3.4, have been incurred on or after May 1, 2010, but no
later than March 31, 2012;
(v) be an actual cash outlay to third parties acting at arm's length that can be
documented through original invoices or proofs of payment;
(vi) for project management costs, be no greater than ten (10) per cent of the
total Eligible Costs;
(vii) for outreach/awareness and public and public access costs, be in the
range of three (3) to five (5) per cent of total Eligible Costs;
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(viii) for in-kind contributions on existing infrastructure, be submitted for prior
approval by the Ministry.
(b) a completed Claim Submission attached as Schedule "F", including copies of paid
invoices, must be submitted to the Ministry; and
(c) when requested, all original evidence (such as invoices, receipts, proofs of payment,
etc.) of payment related to Eligible Costs, including in-kind contributions, and such
supporting documentation must be submitted to the Ministry.
6.5 The Recipient shall submit its claims on a quarterly basis, unless the Ministry agrees in writing
to accept submissions on a less frequent basis.
6.6 The Recipient shall submit its final claims with the required documentation for approval, cost
reviews, audits and settlement within three (3) months of completion of the Project and no
later than the Final Report Date or such later date as is specified in writing by the Ministry.
Thereafter, the Ministry shall not be obligated to consider any further claims in relation to the
Project. The Recipient shall also submit, upon request by the Ministry, the required
documentation for approval, cost reviews and audits on an interim basis.
6.7 The Ministry may, in its sole discretion, withhold payments of future Financial Assistance if the
Ministry, acting reasonably, is not satisfied that there is adequate evidence of progress being
made to achieve the Project, or if there has been an breach listed under Section 20.1 (b), (c) or
(d).
7.0 Overpayment
7.1 Funds advanced to the Recipient prior to settlement in accordance with Sections 5 and 6 of
this Agreement shall not be construed as a final determination of the amount of Financial
Assistance applicable to the Project. Upon conducting a final cost review or audit of the
Project, the Ministry will determine the final amount of Financial Assistance on the Project (the
"Allowable Financial Assistance"). The Recipient agrees to repay to the Ministry, upon receipt
of a written demand and within the period specified by the Ministry, that portion of the total of
the funds advanced that exceeds the Allowable Financial Assistance applicable to the Project,
as determined by the Ministry, as well as any funds used for a purpose other than that stated
in the terms of this Agreement, as determined by the Ministry.
7.2 The Ministry may deduct any overpayment of Financial Assistance made on the Project from
financial assistance payable on any other project(s) of the Recipient under the Rural
Connections program or any other provincial program, either current or future. Any
overpayment made on any other project(s) of the Recipient under the Rural Connections
program or any other provincial programs, either current or future, may in turn be deducted
from Financial Assistance payable on the Project.
7.3 The Ministry reserves the right to demand interest on any overpayment of Financial
Assistance owing by the Recipient under the terms of this Agreement at the then current
interest rate charged by the Government of Ontario on accounts receivable. The Recipient
shall pay the amount of interest owing on any overpayment of Financial Assistance owing by
the Recipient under the terms of this Agreement upon receipt of a written demand and within
the period specified by the Ministry.
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8.0 Reports
8.1 During the term of the Agreement, the Recipient shall submit the reports described in
Subsections 8.2, 8.3, 8.4, 8.5 and 8.6 to the Ministry.
8.2 On the dates provided for in Schedule B, the Recipient shall submit the Claim Submission as
shown in Schedule "F" in a manner that is satisfactory to the Ministry which includes a detailed
description of the Project and the results achieved to the date of the Submission.
8.3 On or before January 31 and August 31 of each Fiscal Year, the Recipient shall submit a
Projected Expenditure Report as shown in Schedule "G" in a manner that is satisfactory to the
Ministry outlining the current incurred costs and projections and the Recipient shall follow such
administrative procedures as are specified from time to time by the Ministry.
8.4 On or before June 30 of each Fiscal Year, the Recipient shall submit a Progress Report as
shown in Schedule "F", Part 1 in a manner that is satisfactory to the Ministry outlining the
project description and the results received to the date of the report.
8.5 On or before June 30 of each Fiscal Year and with the Final Report, and no later than June
30, 2012, the Recipient shall submit the Hex Coverage Confirmation as shown in Schedule "K"
in a manner that is satisfactory to the Ministry identifying the broadband access coverage area
in the completed project.
8.6 Within 90 days of project completion, and no later than June 30, 2012, a Final Report with the
information as described in Schedule "H" must be submitted to the Ministry which shall
include:
(a) a detailed description of the Project and the results achieved to the date of the
Statement;
(b) the details of any variance from the Project, the Budget and/or the Project schedule;
(c) a final Financial Statement showing Eligible Costs incurred and paid; and
(d) any other information respecting the Project that may be requested by the Ministry.
8.7 The Recipient shall ensure that all reports are completed in a manner that is satisfactory to the
Ministry and that every report or financial statement is signed on behalf of the Recipient by an
authorized municipal officer.
9.0 Covenants, Representations and Warrants
9.1 The Recipient covenants, represents and warrants to the Ministry that:
(a) it is conducting and shall conduct its business in compliance with all applicable federal,
provincial and municipal laws, and all rules, regulations, by-laws, notices, orders and
approvals;
(b) it has the authority and any necessary approval to enter into this Agreement and to
carry out its terms;
(c) it has or will apply for all permits, approvals, and licenses which are required in order to
carry out the Project including, but not limited to, any approvals lawfully required under
the Planning Act (Ontario), the Building Code Act, 1992 (Ontario), the Highway Traffic
Act (Ontario), the Public Transportation and Highway Improvement Act (Ontario), the
Bridges Act (Ontario) and all Environmental Laws;
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(d) it validly exists as a legal entity with full power to perform and observe all of the terms
and conditions of this Agreement;
(e) where applicable, it has passed by-laws required to undertake the Project;
(f) it is now and will continue to be compliant with all Environmental Laws;
(g) provided that it is not a municipality or a Crown Agency,
A. it is not a non-resident of Canada within the meaning of the Income Tax Act
(Canada);
B. is a corporation, a partnership or a sole proprietorship validly in existence; and
C. is registered and qualified to do business wherever necessary to carry out the
Project;
(h) it has the experience, financial health and ability to carry out this Project;
(i) if it is a Local Government or a Crown Agency, it has the requisite legislative authority to
carry out the Project;
(j) other than the Financial Assistance being provided pursuant to this Agreement, the
Recipient has not and will not use any funds received from Her Majesty the Queen in
right of Ontario or a Crown Agency towards any aspect of the Project; and
(k) all information provided during the Rural Connections application process remains true,
correct and complete in every respect except as set out to the contrary herein. Without
limitation, the Project, Budget and Project Schedule are as set out herein.
9.2 Upon request, the Recipient shall provide the Ministry with proof of the matters referred to in
this Section. It is a condition precedent to any payment under this Agreement that the
representations and warranties under this Section are true at the time of payment and that the
Recipient is not in default of compliance with any terms of this Agreement. Where this is not
the case, the Ministry may, in its sole discretion, Adjust the Financial Assistance for the
Project.
10.0 Further Conditions
10.1 The Ministry shall be entitled, at any time, to impose such additional terms or conditions on the
use of the Financial Assistance which it, in its sole discretion, considers appropriate for the
proper expenditure and management of the Financial Assistance and the carrying out and
completion of the Project and shall be entitled to impose such terms and conditions on anyconsent granted pursuant to this Agreement.
11.0 Aboriginal Consultation
11.1 The Recipient shall:
(a) immediately notify the Ministry if it becomes aware of a dispute or complaint by any
Aboriginal Group(s) regarding the impact the Project may have on an existing or
asserted Aboriginal or treaty right;
(b) be responsible for consulting with the Aboriginal Group(s) in relation to the Project on
behalf of the Ministry in accordance with Schedule L;
(c) take directions from the Ministry in relation to consulting with Aboriginal Group(s); and
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(d) provide a description of any actions it took in relation to consultation with any Aboriginal
Group in its Final Report.
11.2 The Recipient hereby acknowledges that the provision of Financial Assistance for the Project
is strictly conditional upon the Government of Ontario satisfying any obligation it may have to
consult with, and where appropriate, accommodate any Aboriginal Group(s) with an interest in
the Project.
12.0 Records and Audit
12.1 In completing the Project, the Recipient:
(a) shall conduct itself in accordance with all applicable laws;
(b) shall keep and maintain all financial records, receipts, invoices and other financially-
related documents relating to the Ministry Financial Assistance or otherwise to the
Project in a manner consistent with generally accepted accounting principles andclerical practices, and shall maintain such records and keep them available for review
by the Ministry for a period of seven (7) years from the date of the expiry or termination
of this Agreement;
(c) shall maintain all non-financial documents and records relating to the Ministry Financial
Assistance or otherwise to the Project, including any records it receives about the
people it serves, in a confidential manner consistent with all applicable law; and
(d) hereby authorizes the Ministry, its agents and employees, including the Ontario
Provincial Auditor's office, upon twenty-four (24) hours' notice and during normalbusiness hours, to enter upon the Recipient's premises to review the status and manner
of operation of the Project, to inspect the progress and monitor the Project sites, toinspect and copy any financial records, invoices and other financially-related
documents, and subject to consent by the person it serves, non-financial records and
documents, in the possession or under the control of the Recipient which relate to theFinancial Assistance or otherwise to the Project.
12.2 The Ministry's right of inspection in this Agreement includes the right to perform a full or partial
financial audit. The Ministry may require the assistance of an external auditor to carry out an
audit of the material. If so, the Recipient shall, upon request, retain an external auditor
acceptable to the Ministry at the Recipient's sole expense. The Recipient shall ensure that
any auditor who conducts an audit pursuant to this section of the Agreement or otherwise,
provides a copy of the audit report to the Ministry for its consideration at the same time that
the audit report is given to the Recipient.
12.3 The Ministry's right of inspection in this Agreement includes the right to perform a full or partial
technical audit from an independent technical expert to certify the full functionality and
capability of the infrastructure and its components to the satisfaction of Ministry.
12.4 To assist the Ministry in the task described in this section, the Recipient shall provide any
other information to the Ministry reasonably requested by the Ministry.
12.5 The purposes for which the Ministry may exercise its right under this section include:
(a) determining for what items and purposes the Recipient expended the Financial
Assistance;
(b) determining whether, and to what extent, the Recipient expended the Financial
Assistance with due regard to economy and efficiency; and
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(c) determining whether the Recipient completed the Project effectively and in accordance
with the terms of this Agreement.
12.6 If, in the opinion of the Ministry, any of the information requirements of this section are not
met, the Ministry may, in its sole discretion, require the information as a condition precedent to
any payment in relation to the Project or any other project(s) of the Recipient under the Rural
Connections initiative, or any other provincial program(s) (either current or future). In addition,
the Ministry may, in its sole discretion, adjust or terminate the Financial Assistance for the
Project.
12.7 Upon request, the Recipient agrees to provide data and information about the Project relevant
to any Program Evaluation exercise undertaken by the Province of Ontario for the Program.
13.0 Procurement
13.1 Municipalities are responsible for following procurement processes and guidelines as
prescribed by the municipality in accordance with the Municipal Act, 2001. Information must
be kept on site for audit purposes.
13.2 The infrastructure procurement process conducted by the Recipient for telecommunications
service providers must ensure the deliverables provided meet the following requirements:
allow open access; have a minimum, sustained download speed of 1.5 Mbps; be scalable and
provide subscribers with a minimum monthly usage cap of 20 Gigabytes.
13.3 The Recipient shall inform the Ministry in writing if any asset purchased with the Funds is sold,
leased or otherwise disposed of during the term of this Agreement, the cost of which exceeded
$30,000 at the time of purchase.
14.0 Conflict of Interest and Confidentiality
14.1 The Recipient shall ensure that the Project is carried out in all its aspects without a conflict of
interest by any person associated with the Project in whatever capacity.
14.2 For these purposes, a conflict of interest includes a situation in which a person associated with
the Project or any member of his or her family is able to benefit financially from his or her
involvement in the Project.
14.3 The Recipient shall disclose to the Ministry without delay any actual or potential situation that
may be reasonably interpreted as either a conflict of interest or a potential conflict of interest.
14.4 The Recipient acknowledges that the Ministry is bound by the provisions of the Freedom of
Information and Protection of Privacy Act and regulations thereunder.
15.0 Indemnity
15.1 In no event shall the Ministry be liable for
(a) any bodily injury, death or property damage to the Recipient, their employees, agents,
or consultants or for any claim, demand or action by any third party against the
Recipient, their employees, agents, or consultants, arising out of or in any way related
to this Agreement or the Project; or
(b) any incidental, indirect, special or consequential damages, or any loss of use, revenue
or profit to the Recipient, their employees, agents, or consultants arising out of or in any
way related to this Agreement or the Project.
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15.2 The Recipient agrees to indemnify and hold harmless Her Majesty the Queen in right of
Ontario, Her directors, officers, employees and agents 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,
and for any and all liability for damages to property and injury to persons, including death,
which Her Majesty the Queen in right of Ontario, Her directors, officers, employees and agents
may incur, otherwise than by 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.
15.3 The Recipient further agrees to indemnify and hold harmless Her Majesty the Queen in right of
Ontario, Her directors, officers, employees and agents, for any incidental, indirect, special or
consequential damages, or any loss of use, revenue or profit, which Her Majesty the Queen in
right of Ontario, Her directors, officers, employees and agents may incur, otherwise than by
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.
16.0 Insurance and Bonding
16.1 Each Recipient shall put in effect and maintain for the period during which the Agreement is in
effect, at its own expense, with insurers acceptable to the Ministry, all the necessary insurance
that would be considered appropriate for a prudent Recipient of this type undertaking a project
similar to this Project, including Commercial General Liability Insurance, for third party bodily
injury, personal injury and property damage to an inclusive limit of not less than five million
dollars ($5,000,000.00) per occurrence and not less than five million dollars ($5,000,000.00)
products and completed operations aggregate. The Recipient's Commercial General Liability
Insurance policy shall include:
(a) Her Majesty the Queen in right of Ontario, as represented by the Minister of Agriculture,
Food and Rural Affairs, Her Ministers, agents, appointees and employees 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;
(d) Products and Completed Operations Liability coverage;
(e) A valid WSIB Clearance Certificate, or Employers Liability and Voluntary Compensation,
which ever applies;
(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.
16.2 Before beginning the Project, each Recipient shall provide the Ministry with a valid Certificate
of Insurance (and any replacements thereof) that references the Project, and confirms the
above requirements. The Recipient shall provide the Ministry with a copy of the policy and any
renewal replacement certificates as may be necessary.
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16.3 The Recipient shall put in effect and maintain in full force and effect or cause to be put into
effect and maintained in full force and effect during the term of this Agreement:
(a) a performance bond in the amount of 50% of the contract price for any construction
Contract related to the Project and which is for an amount greater than $150,000
covering the performance of that construction Contract and the correction of any
deficiencies; and
(b) a labour and material payment bond in the amount of 50% of the contract price for any
construction Contract related to the Project and which is for an amount greater than
$150,000 covering the payment for labour, material or both.
16.4 The Recipient may provide an irrevocable standby letter of credit to the Ministry as an
alternative to the requirements for the bonds referenced in Section 16.3. The letter of credit
will be issued by a Schedule 1 Canadian bank and may be in the form provided in Schedule
"J". Alternatively, the irrevocable standby letter of credit may be issued by a Schedule 1
Canadian bank in favour of the Recipient with the same terms and conditions set out in the
form provided in Schedule "J ", mutatis mutandis. In either case, the irrevocable standby letter
of credit shall be put into full force and effect and maintained until the Project is complete and
the Ministry approves the Final Report submitted by the Recipient, and shall be for an amount
equal to the total amount of Financial Assistance the Ministry may provide to the Recipient, as
set out in Schedule "C" to this Agreement, unless the Ministry directs otherwise in writing. In
the case of an irrevocable standby letter of credit issued in favour of the Recipient, the
proceeds of any draw by the Recipient on the letter of credit shall be delivered to the Ministry
forthwith.
16.5 Before any claims are paid, each Recipient shall provide the Ministry with a valid copy of the
surety bonds or irrevocable letters of credit (and any replacements thereof) that references the
Project, and confirms the above requirements.
17.0 Credit
17.1 The Recipient shall acknowledge the support of the Ministry in all reports and materials and in
all advertising and publicity relating to the Project, in a format approved by the Ministry.
17.2 The Recipient acknowledges that the Ministry may publicize information regarding the
Program, including program descriptions, participants and financial assistance amounts.
17.3 The Recipient shall ensure the acknowledgement in any report or materials indicates that the
views expressed in the report or materials are the views of the Recipient and do not
necessarily reflect those of the Ministry.
18.0 Inspection
18.1 The Ministry reserves the right to inspect any aspect of the Project at any time.
19.0 Termination by Ministry for Convenience
19.1 The Ministry may in its sole discretion, without liability, cost or penalty, and without prejudice to
any other rights or remedies of the Ministry under this Agreement or at law or in equity,
terminate this Agreement at any time, for any reason, upon giving at least thirty (30) days
notice to the Recipient.
19.2 Where notice to terminate is given under this section, the Ministry may, in its sole discretion,
assess the state of the Project and allow the Recipient to wind down the Project by the end of
the notice period.
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20.0 Termination and Default
20.1 The Ministry may, in its sole discretion, without liability, cost or penalty, and without prejudice
to any other rights or remedies of the Ministry under this Agreement or at law or in equity,
terminate this Agreement immediately upon giving notice to the Recipient if the following Event
of Default should take place:
(a) funding for the program in any Fiscal Year is not appropriated by the Legislature or is
revoked if previously granted; or
(b) in the opinion of the Ministry:
(i) a Recipient has knowingly provided false or misleading information
regarding its funding request or in any other communication with the
Ministry;
(ii) a Recipient breaches any term or condition of this Agreement;
(iii) the Recipient is unable to complete the Project or is likely to discontinue it;
(iv) it is not reasonable for any reason for the Recipient to complete the
Project;
(v) a material adverse change occurs such that the viability of a Recipient as
a going concern is threatened;
(vi) or if:
(c) a Recipient makes an assignment, proposal, compromise, or arrangement for the
benefit of creditors, or is petitioned into bankruptcy, or files for the appointment of a
receiver; or
(d) a Recipient ceases to operate.
20.2 The Ministry, in its sole discretion, considers the nature of the breach under Section 20.1 to be
such that it can be remedied and that it is appropriate to allow the Recipient the opportunity to
remedy the breach, the Ministry may give the Recipient an opportunity to remedy the breach
by giving the Recipient written notice
(a) of the particulars of the breach;
(b) of the period of time within which the Recipient is required to remedy the breach;
(c) that the Ministry shall terminate this Agreement:
(i) at the end of the notice period provided for in the notice if the Recipient
fails to remedy the breach within the time specified in the notice, or
(ii) prior to the end of the notice period provided for in the notice if it becomes
apparent to the Ministry that the Recipient cannot completely remedy the
breach within that time or such further period of time as the Ministry
considers reasonable, or the Recipient is not proceeding to remedy the
breach in a way that is satisfactory to the Ministry.
20.3 If the Ministry has provided the Recipient with an opportunity to remedy the breach, and
(a) the Recipient does not remedy the breach within the time period specified in the notice;
12
Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
(b) it becomes apparent to the Ministry that the Recipient cannot completely remedy the
breach within the time specified in the notice or such further period of time as the
Ministry considers reasonable; or
(c) the Recipient is not proceeding to remedy the breach in a way that is satisfactory to the
Ministry, the Ministry shall have the right to immediately terminate this Agreement by
giving notice of termination to the Recipient.
20.4 In the event of termination pursuant to this section 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.
20.5 The Ministry may, 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 the Ministry.
21.0 Financial Assistance Upon Termination
21.1 If this Agreement is terminated by the Ministry pursuant to sections 19.1 or 20.1, the Ministry
shall cancel all further Financial Assistance.
21.2 If this Agreement is terminated by the Ministry for any reason, the Ministry may in addition to
the rights conferred upon it under this Agreement or in law or in equity, demand from the
Recipient the payment of funds equal to those provided to the Recipient.
21.3 If the Ministry demands the repayment of any part of the Financial Assistance pursuant to this
Agreement the amount demanded shall be deemed to be a debt due and owing to the Crown
in right of Ontario and the Recipient shall pay the amount to the Ministry immediately unless
the Ministry directs otherwise.
21.4 The Crown in right of Ontario and the Ministry reserve the right to demand interest on any
amount owing by the Recipient at the then current rate charged by the Province of Ontario on
accounts receivable.
21.5 The Recipient shall repay the amount demanded by cheque payable to the "Minister of
Finance" and mailed to the Ministry to the attention of the Ministry representative as provided
for in Section 24.
22.0 Project Award, Management and Completion
22.1 The Recipient shall be fully responsible for the undertaking, implementation and completion of
the Project and shall retain any and all Consultants reasonably required to undertake a project
of the size, scope and complexity of the Project. Where implementation of the Project is
dependent on completion of a project by others, the Recipient shall be fully responsible for
obtaining any assurances that it may require from others in relation to the implementation of
the Project by the Recipient.
22.2 The Ministry shall not be responsible in any way whatsoever for the undertaking,
implementation and completion of the Project or any interdependent project of others.
22.3 The Ministry shall not be responsible for any costs associated with the operation, maintenance
and repair of the Project nor for any claims as arising from the tender and bidding process.
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Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
23.0 Financial Assistance on Expiry of Agreement
23.1 Upon the expiry of the Agreement, the Recipient shall, upon the demand of the Ministry, repay
to the Ministry an amount equal to any part of the Financial Assistance used by the Recipient
for purposes not agreed upon by the Ministry. This amount shall be a debt due and owing to
the Crown in right of Ontario and the Ministry's right to demand payment of this money is in
addition to the rights conferred upon it under this Agreement or in law or in equity.
24.0 Notices and Project Representative
24.1 Any notice or communication required to be given under this Agreement shall be in writing and
shall be delivered personally, delivered by courier or sent by certified or registered mail,
postage prepaid with return receipt requested, or sent by facsimile addressed to the other
party at the address provided below or at such other address as any of the Grantees shall
later designate to the Ministry in writing. All notices or communications shall be addressed as
follows:
To the Ministry:
Ontario Ministry of Agriculture, Food and Rural Affairs
Rural Community Development Branch
Broadband Programs
1 Stone Road West, 4th floor NW
Guelph, ON N1G4Y2
Attention:
Telephone:
Fax:
Martin Bohl, Director
(519)826-3419
(519)826-4336
To the Recipient:
Town of Tillsonburg
200 Broadway, 2nd Floor
Tillsonburg, ON N4G 5A7
Attention: Cephas Panschow,
Development Commissioner
Telephone: 519-842-6428 ext. 3250
Fax: 519-842-9431
24.2 All notices shall be effective:
(a) at the time the delivery is made when the notice is delivered personally, by courier or by
fax; and
(b) seventy-two (72) hours after deposit in the mail when the notice is sent by certified,
registered or postage prepaid mail.
24.3 The individual identified above as the representative of the Recipient above will, in the first
instance,
(a) act as the Recipient's Project representative and act as liaison for the Project with the
Director of the Rural Community Development Branch, of the Ministry for the purpose of
implementing this Agreement; and
(b) sign, on behalf of all the Recipient, the Claim Submission attached as Schedule "F", the
and the Final Report attached as Schedule "H".
24.4 The Recipient must provide written notice to the Ministry naming a new Project representative
if the individual referred to in Section 24.1 as the Recipient's Project representative ceases toperform the requirements under that section.
14
Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
25.0 Severability of Provisions
25.1 The invalidity or unenforceability of any provision of this Agreement shall not affect the validity
or enforceability of any other provision of this Agreement and any invalid or unenforceable
provision shall be deemed to be severed.
26.0 Waiver
26.1 A waiver of any failure to comply with any term of this Agreement must be written and signed
by the party providing the waiver. Each waiver must refer to a specific failure to comply and
shall not have the effect of waiving any subsequent failures to comply.
27.0 Independent Parties
27.1 The parties are and shall at all times remain independent of each other and are not and shall
not represent themselves to be the agent, joint venturer, partner or employee of the other. No
representations shall be made or acts taken by either party which could establish or imply any
apparent relationship of agency, joint venture, partnership or employment and neither party
shall be bound in any manner whatsoever by any agreements, warranties or representations
made by the other party to any other person nor with respect to any other action of the other
party.
28.0 Assignment of Agreement or Financial Assistance
28.1 The Recipient shall not assign this Agreement or the Financial Assistance or any part thereof
without the prior written consent of the Ministry, which consent shall be in the Ministry's sole
discretion and may be withheld or subject to the terms and conditions that may be imposed by
the Ministry.
29.0 Governing Law
29.1 This Agreement and the rights, obligations and relations of the parties hereto shall be
governed by and construed in accordance with the laws of the Province of Ontario.
30.0 Further Assurances
30.1 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.
31.0 Circumstances Beyond the Control of Either Party
31.1 Neither party shall be responsible for damage caused by delay or failure to perform under the
terms of this Agreement resulting from matters beyond the control of the parties including
strike, lockout or any other action arising from a labour dispute, fire, flood, act of God, war, riot
or other insurrection, lawful act of public authority, or delay or default caused by a common
carrier which cannot be reasonably foreseen or provided against.
32.0 Survival
32.1 All of the provisions in Sections 8.0 (Reports), 9.0 (Covenants, Representations and
Warrants), 12.0 (Records and Audit), 15.0 (Indemnity), 17.0 (Credit), 18.0 (Inspection), 21.0
(Financial Assistance upon Termination) and 23.0 (Financial Assistance on Expiry of
Agreement) shall survive termination or expiry of this Agreement for a period of seven (7)
years from the date of the termination or expiry of this Agreement.
33.0 Schedules
33.1 The following are the schedules attached to and forming part of this Agreement.
15
Rural Connections Broadband Program Funding AgreementFile No.: 8075 - Town of Tillsonburg
(a) Schedule "A"
(b) Schedule "B"
(c) Schedule "C"
(d) Schedule "D"
(e) Schedule "E"
(f) Schedule "F"
(g) Schedule "G"
(h) Schedule "H"
(i) Schedule "I"
(j) Schedule "J"
(k) Schedule "K"
(I) Schedule "L"
Description of the Project
Approved Budget
Financial Assistance
Eligible and Ineligible Costs
Project Milestone Schedule
Claim Submission
Projected Expenditure Report
Final Report
Communications Requirements
Irrevocable Standby Letter of Credit Template
Hex Coverage Confirmation
Aboriginal Consultation Protocol
34.0 Priority
34.1 In the event of a conflict or inconsistencies between the body of this Agreement and the
Schedules, the body of this Agreement shall prevail.
35.0 Entire Agreement
35.1 This Agreement together with the attached schedules listed in Section 33.1 of this Agreement
constitutes the entire Agreement between the parties with respect to the subject matter
contained in the Agreement and supersedes all prior oral or written representations and
agreements.
35.2 This Agreement may only be modified by a written Agreement duly executed by the parties.
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Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
IN WITNESS WHEREOF the parties have executed this Agreement made as of the date first written
above.
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
as represented by the Minister of Agriculture, Food and Rural Affairs
by:
Name: Martin Bohl Dat
Title: Director, Rural Community Development Branch
RECIPIENT'S NAME: THE CORPORATION OF THE TOWN OF TILLSONBURG
by:
Name: J6hn Uessif / // Date/..Title: Mayo
AFFIX
CORPORATE
SEAL
Name: Donna Hemeryck Date
Title: Clerk
I/we have authority to bind the Recipient
17
Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
SCHEDULE A
DESCRIPTION OF THE PROJECT
FILE # 8075 THE CORPORATION OF THE TOWN OF TILLSONBURG
PROJECT DESCRIPTION:
The Tillsonburg Business and Industry Fibre Optic Expansion project proposes to provide
broadband coverage to industrial parks located in the southwest and southeast quadrants of
Tillsonburg. The proposed fibre optic network will provide ultra-broadband access critical for
attraction and retention of businesses. The proposed project will provide broadband service to
approximately 338 unserved businesses in 1 hex of the municipality. The proposed technical
solution must allow open access; have a minimum, sustained download speed of 1.5 Megabits
per second; be scalable; offer monthly service plan costs that are at or near urban rates or
less; and, if a monthly usage cap is implemented, it must be 20 Gigabytes or more.
18
Rural Connections Broadband Program Funding Agreement
File No.: 8075- Town of Tillsonburg
SCHEDULE B
APPROVED BUDGET
File Number: 8075
Municipality: Town of Tillsonburg
Estimated Construction Start Date: Estimated Project Completion Date:
ESTIMATED ELIGIBLE COSTS
Projected Budget Line Item
(Description of Projected Expenditures)
1 . Consulting Fees (application/business case development, etc.)
2. Design Engineering
3. Infrastructure, Construction, Equipment
4. Project Management (max. 10% of total eligible costs)
5. E-Business Outreach/Awareness *
6. Public and Public Sector Access* (* range 3-5% of total eligible costs)
7. OMAFRA Communications Protocols (plaques, ceremonies)
8. Aboriginal Consultations
9. Miscellaneous (e.g., sureties)
Total Estimated Eligible Costs
Estimated Eligible I
Costs
($)
$40,000
$245,833
$962,667
$120,000
$35,000
$10,000
$2,000
$1,000
$45,000
$1,461,500
PROJECTED INCURRED COSTS BASED ON TOTAL ESTIMATED ELIGIBLE COSTS
Note: The total in the table below must be equal to the total estimated eligible costs above.
FISCAL April -June July -Sept Oct-Dec Jan -Mar ANNUAL
YEAR TOTAL
nm^B^HWjfll^S'^^i'^^^^^S^^^^^S^^^^^':.--^^;};^-'.
$323,833 $962,667 $100,000
$75,000
$1,386,500
$75,000
$1,461,500
Claims (including paid invoices and proofs of payment) should be submitted for reimbursement at a minimum on aquarterly basis.
19
Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
SCHEDULE C
FINANCIAL ASSISTANCE
Total Eligible Projects Costs: $1,461,500
Maximum Financial Assistance: $487,167
Municipal Responsible for Remaining Share: $974,333
The Ministry will pay up to one-third of total approved eligible costs, to a maximum of $1,000,000 for the term
of the Agreement.
The Ministry will hold back 10% of the Financial Assistance, the release of which shall be contingent on
submission of the Recipient's Final Report detailing the progress and status of the Project and substantiating
that the Project has been Substantially Performed. Such report must contain the information required in the
Final Report as set out in Section 8.5 of this Agreement. The Ministry is not obligated to pay interest on the
holdback or any other payments under this Agreement.
MINISTRY COLLABORATES WITH CLIENT ON AN APPROPRIATE PROJECT SCHEDULE
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Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
SCHEDULE D
ELIGIBLE AND INELIGIBLE COSTS
ELIGIBLE COSTS
Third Party Direct Cash Costs
Eligible expenditures are direct cash costs that are:
a) properly and reasonably incurred for the completion of the project;
b) third party invoices paid by the Recipient;
c) incurred on or after May 1, 2010 and incurred on or by March 31, 2012.
The following costs are considered eligible for funding purposes:
Consulting fees: fees and costs pertaining to the Request for Proposal (RFP) and/or Request
for Information (RFI) to assist in preparing the application (including business case, technical
plan, gap analysis, etc.), map validation;
Engineering Design: network architecture and systems design/integration
Infrastructure and Equipment:
• Broadband communications infrastructure and equipment;
• New customer premises equipment purchases representing a reasonable number
expected to be installed in the first 12 month period;
• Software programs (network management and telecommunications facilities relating to
the broadband network only);
• Network testing costs;
• Improved information resources related to the project only (new databases and
information technology);
• Implementation Costs;
• Co-location costs for a maximum 12 month period incurred no earlier than May 1, 2010;
• Site preparation necessary to construct towers and adjoining exterior cabinets.
Project Management (maximum 10% of approved eligible costs):
• Human Resources/staffing (incremental costs relative to Project);
• Project management consultant;
Municipalities are required to allocate a range of 3% to 5% of the eligible project costs to thefollowing activities:
E-Business Outreach and Awareness: Small and Medium-sized Enterprise outreach and
awareness spending must be at least one-third (1/3) of this budget.
Public and Public Sector Access: The remaining portion is to be directed to public sector
access.
21
Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
OMAFRA Communications Protocols: Details are provided in Schedule I of this Agreement.
The maximum Eligible Costs are $500 per event with a Project maximum of $1000.
For the purposes of announcements and ceremonies, Eligible Costs include the following:
Printing and mailing invitations
Refreshments*
Draping for plaque unveiling
Project material for display and/or media kit
Temporary signage
Rentals such as:
• stage
• chairs
• podium
• PA system
• flagpole
* Only light refreshments (e.g., coffee, tea, muffins) will be considered Eligible Costs.
The maximum eligible cost of the plaque shall not exceed $100, not including installation, and
is eligible for one-third reimbursement to be incurred by March 31, 2012.
Miscellaneous: The cost of obtaining performance bonds and/or irrevocable letters of credit are
Eligible Costs.
In-Kind Contributions
Existing Infrastructure - Overview
Consideration for in-kind contributions is subject to limitations and guidelines.
Only the legal owner of an asset may contribute to the project. The owner of the asset will be
required to sign a declaration as a contributing partner. If the owner does not sign the
declaration, the asset will not be considered eligible for reimbursement.
Infrastructure contributed to or funded under the 2007-08 Rural Connections program is not
eligible as an in-kind contribution for any purpose.
Signed declarations are to be included with the normal claim submissions.
In-Kind Contributions - Existing Infrastructure (Existing prior to May 1, 2010)
Existing broadband infrastructure [e.g., telecommunications towers, silos, water towers, Point
of Presence (POP), cable/fibre, remote Digital Subscriber Line Access Multiplier (DSLAM)] that
will be used as part of the new broadband network may be eligible as an in-kind contribution to
the project.
22
Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
Eligible infrastructure and the maximum value of each unit are determined according to the list
below. The maximum values for existing infrastructure include all related equipment (tower
structure, backhaul, power, backup, radios, etc.).
The maximum eligible value of any combination of a backhaul point and cable/fibre to that
point cannot exceed $30,000.
A maximum of 2 backhaul Internet gateways per project will be considered as an in-kind
contribution. A gateway includes any connection up to the first point of distribution. The second
gateway is only eligible if used for redundancy purposes.
DistributionTowers and
otherVerticalReal Estate
BackhaulRelated
Equipment
Gateways
Description
Existing telecommunications
equipment attached to building
(e.g., grain elevators, water and
fire towers, silos)________
Existing telecommunications
equipment attached to building
(e.g., grain elevators, water andfire towers, silos)_______
existing telecommunications
towers
existing telecommunications
towers
existing telecommunications
towers
existing telecommunicationstower or other point of presence
used for backhaul purposes
existing cable/fibre to a point of
presence used for backhaul
purposes = $5,000 per kilometre
Primary gateway to the Internet to
first point of distribution
Secondary gateway eligible only
for redundancy purposes____
Height
50 feet or less
greater than 50 feet
50 feet or less
greater than 50 feet to 100
feet
greater than 100 feet
Maximum
Value
$15,000
$30,000
$15,000
$30,000
$150,000
$30,000
$30,000
$30,000
$30,000
In-Kind Contributions - New Network (Expenditures on or after May 1, 2010)
Only the legal owner of an asset may contribute to the project. The owner of the asset will be
required to sign a declaration as a contributing partner or provide a valid invoice for the goods
and services contributed. If the owner does not sign the declaration or provide the invoice, the
asset will not be considered eligible for reimbursement.
In-kind items must be measurable, represent current fair market value and be necessary for
the implementation of the project.
Costs relating to the current infrastructure build eligible for in kind contributions are the same
as those listed above under Third Party Direct Cash Costs.
23
Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
Costs of consulting with Aboriginal Group(s).
INELIGIBLE COSTS
Ineligible costs include, but are not limited to:
• Direct or indirect operating or administrative costs and, other activities normally carried
out by the applicants;
• Costs incurred prior to May 1, 2010;
• Radio licensing fees;
• Debt restructuring, fundraisirig or financing charges and interest costs;
• Purchase or lease of land and associated costs;
• Vehicles;
• Other indirect fixed costs not directly attributable to the implementation of the project;
• Courier and mailing costs;
• Taxes for which the Recipient or a Third Party is eligible for a tax rebate, and all other
costs eligible for rebates such as the GST/HST rebates or HST input tax credits;
• Routine repair and maintenance costs;
• Insurance costs not incremental to the Project,
• Legal costs;
• Activities or operations performed outside of Ontario where the benefits do not accrue to
Rural Connections projects;
• Research and development costs or pilot projects;
• Annual or Repetitive Costs - memberships, repeat printing costs;
• Remunerations or Fees Paid to a Board of Directors for their time;
• Volunteer Services, Opportunity Costs, and Standard Discounts;
• Donations in the Form of Knowledge, Goodwill or Other Such Intangibles;
• Costs, following consultations, of accommodation of Aboriginal Group(s), if any; and
• Any other expense, which at the discretion of the program, is deemed to be ineligible.
For the purposes of announcements and ceremonies, Ineligible Costs include the following:
alcoholic beverages, china, tents, waiters, guest mileage or transportation, wine glasses, lighting,
plants, photographers and gifts.
24
Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
SCHEDULE E
PROJECT MILESTONE SCHEDULE
• Shade the boxes by the appropriate quarter pertaining to the timelines
estimated for your project.
Based on government Fiscal Year:Q1 = April - June
Q2 = July - September
Q3 = October - December
Q4 = January - March
MILESTONE
DESCRIPTION
Business Case,
Technical Plans, RFP
Aboriginal Consultations
Engineering/Design
Project Implementation
Construction
E-Business Outreach/
Awareness Activities
Public And Public Sector
Access
Project Completion
Ribbon Cutting/Plaque
Final Report
10
Q1
10Q2 10Q3
25
Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
SCHEDULE F
CLAIM SUBMISSION
Part 1 - Progress Report
File No.
Claim No.
Municipality:
Period Covered:
ACTIVITIES FOR THIS REPORT - INCLUDING ABORIGINAL CONSULTATIONS: ||
RESULTS
ISSUES WHICH MAY IMPACT ON THE PROJECT'S SUCCESS AND TIMING FOR COMPLETION?
IDENTIFY PUBLIC ACCESS AND OUTREACHiAWARENESS ACTIVITIES UNDERTAKEN TO DATE.
SIGNATURE
Project Representative:Date:
26
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Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
SCHEDULE H
FINAL REPORT
In accordance with Section 8.5 of the Agreement, Recipient must provide a Final Report which meets
the requirements listed below (see attached). The Ministry will release the 10% project holdback
upon satisfaction that the Recipient has successfully completed the Project and has fully complied
with all of the terms and conditions of the Agreement.
Within 90 days of project completion, a Final Report must be submitted to the Ministry which shall
include, but is not limited to:
(a) a detailed summary of the results of the Project achieved to the date of the Final Report
including information and data to assist in program evaluation;
(b) the details of any variance from the Schedule A and Schedule B and/or the project schedule;
(c) a final Financial Report showing all Eligible Costs Incurred and paid; and
(d) any other information respecting the Project that demonstrates the success of the Project.
The format for the Final Report is attached.
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Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
FINAL REPORT
File:
Recipient:
Contact:
Telephone:
Total Eligible Costs:
Funding Approved:
Start Date:
End Date:
Partner ISP:
"[Type File Number]"
"[Type Municipality Name]"
"[Type Contact Name & Title]"
"[Phone number]"
$"[Total Cost Amount]"
$"[Total Funding Amount Approved ]"
"[Project Start Date]"
"[Project End Date]"
"[ISP]"
Section 1. Project Scope and Implementation
This section should provide description of the physical area to be covered by the project
Information should include a description of the population and types of businesses and
organizations within the target area. Include a high level description of the project timeline from
contract with government to completion, including the major milestones and timelines.
Section 2. Project Partners
Describe the partners, their contributions and anticipated benefits from the project. Not all
partners are financial contributors so their role should be described in detail.
Section 3. Changes (variances) from Original Plan
Project- Describe any design or scope changes from the approved Project and Technical Plans,
(e.g., terrain challenges, etc.)
Budget- Describe changes in the project budget and the rationale for them, (e.g., cost overruns,
construction delays, equipment issues, etc.)
Schedule - Describe changes in project schedule, why they were made, and the impact on the
project, (e.g., delays in the supply chain, vendor issues, etc.)
Section 4. Final Financial Statement
Complete and sign the attached Financial Statement showing all sources and uses of Project
funds.
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Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
Section 5. Data Collection for Project Evaluation
Complete Form Attached - Data Collections for Project Evaluation
I Section 6. Aboriginal Consultations Information
Please provide all information concerning actions taken in relation to consultations with any
Aboriginal Group during the term of this Agreement
Section 7. Other Information
Please provide any other information which demonstrates the success of the project and its
impact on other stakeholders (e.g. citizens, businesses, small and medium enterprises), rural
communities and the Province of Ontario.
Section 8. Confidentiality and Signature
Information submitted in this report to the Province of 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 bedirected to the Rural Community Development Branch.
NAME and TITLE (Please print):
MUNICIPAL SIGNATURE:
DATE:
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Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
FINANCIAL STATEMENT - FILE #
For the period from __________ to ___
Sources of Funds - all amounts should include GST or HST, if applicable,
and exclude HST rebates and input tax credits
Name/Organization Amount 1
Partners
1.
2.
3.
4.
Other private contributions
1.
2.
Other public contributions
1.
2.
Program Funding
Claim #
Claim #
Claim #
Claim #
10% Holdback
Total Sources of Funds = A
Uses of Funds - all amounts should include GST or HST, if applicable, and
exclude GST/HST rebates and input tax credits
Line Item Expense from Budget Amount 1
1. Consulting Fees
2. Design Engineering
3. Infrastructure, Construction, Equipment
4. Project Management
5. E-Business Outreach/Awareness
6. Public and Public Sector Awareness
7. OMAFRA Communications Protocols
8. Miscellaneous
Total Uses of Funds = B
VARIANCE BETWEEN A and B
EXPLANATION OF VARIANCE
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Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
SCHEDULE H
DATA COLLECTION FOR PROJECT EVALUATION - File #
QUANTITATIVE
Public Access and Public Sector Access
Population served by project
slumber of Small and Medium Sized [Enterprises (SMEs)
served by project
lumber of Broader Public Sector organizations (schools,
libraries, etc.) served by project
Number of newly-connected schools
Number of newly-connected libraries
Number of public access points/community access points
ifli^^
Number of new household subscribers
Number of SME subscribers
Number of home-based business subscribers
Number of IT intensive jobs
Number of Outreach/Awareness events and activities
Number of community organizations engaged in project
Number of industry partners engaged in project
Number of citizens attending Outreach/Awareness
sessions
Number of businesses attending Outreach/Awareness
sessions
Technology
Type of Infrastructure Built
Expected Download Speed
Expected Upload Speed
i:::::;::;:;;:::;r::;;:;;::;:;.;;:;:: ::;:;;':;;;: ;::.;::;:. .:• ;;:::::.::::;;:::;: '-\:-\'.'.-\-: :;;;:;l;:!;:;!-.:!:;^.::;:::iV::i'':'::;": ;:! ..-.'•'.- '•-.'. ':"i:;r •;:•;; :;::
•" :/'. -.!;••: '!':• 'ih !!:! :.\ ^^ ' ;^ :; ^'. J:;;:' '; :'!:: : :! :^:^;:'-: 'i^':^^:' •i'::-'::::;;:H;:;-:;-;:;::': : ::i: ".. ;:: : :-: "::'.: ' ::": :
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Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
QUALITATIVE
Small and Medium Size Enterprise (SME) Outreach and Awareness
Provide brief description of SME Outreach/Awareness activities and outcomes. In the comments
section, describe what worked, what did not work, and what you would have done differently.
Describe impact on uptake on e-business solutions, job growth, business retention attributable to
the outreach events.
1
2
3
4
Description of
Event or Project
Completion
Date Costs Comments
Public Outreach and Awareness
Provide brief description of Outreach/Awareness activities and outcomes. In the comments
section, describe what worked, what did not work, and what you would have done differently.
Describe impact on various sectors, for example, access to health care and education attributable
to project implementation.
1
2
3
4
Description of
Event or Project
Completion
Date
Costs Comments
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Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
SCHEDULE I
COMMUNICATIONS REQUIREMENTS
Purpose of Schedule
This Schedule describes the Recipient's responsibilities and financial obligations
involved in:
(a) communications activities and products for the Project to recognize the
contributions of the Provincial Government and the Recipient; and
(b) producing and installing commemorative plaques.
General Principles
The Recipient will work with OMAFRA officials to undertake communication
activities ensuring equal recognition of all parties making a significant financial
contribution to the Project.
All ceremonies, signs and plaques will follow these communications
requirements and any other requirements that may be specified by the Ministry,
from time to time.
All parties making a significant financial contribution to the Project shall receive
equal recognition and prominence when logos, symbols, flags and other types of
identification are incorporated into announcements, ceremonies, signs and
plaques unless the Ministry provides otherwise.
Both official languages will be used for public information, signs and plaques in
accordance with the French language services standards for Ontario.
Announcements and Ceremonies
There are typically three stages at which publicity is important:
1. Announcement that a municipality's application has been approved;
2. When the construction work commences; and
3. Completion of the project.
The Provincial Government, in cooperation with the Recipient, is responsible for
organizing the Project approval announcement.
Milestone events, such as ground-breakings and ribbon-cuttings, will be
organized by the Recipient, in cooperation with the Provincial Government. All
governments must be equally represented at all events.
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Rural Connections Broadband Program Funding Agreement
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When asked by elected representatives or designated officials from the
Provincial Government, the Recipient will coordinate a mutually agreeable venue,
date and time for the event in light of the availability of participants from all levels
of government. The Provincial Government will consider announcing Projects by
news release only when scheduling conflicts prevent announcing Project
approval through a local event within 45 days of final approval by the Provincial
Government.
The Recipient may invite other elected officials and members of council. The
Recipient may also invite local interested parties, such as contractors, architects,
labour groups, and community leaders as early as possible, and in consultation
with the Provincial Government,, prior to the event.
After the participants, date and location have been determined, the Recipient
may send out invitations to all guests.
Where appropriate, the Recipient may invite the general public by posting notices
in public areas, such as post office and libraries or by placing public service
announcements in the local media.
All written communications (invitations, public service announcements, posters,
etc.) must indicate that the Project received Financial Assistance from the
Government of Ontario under the Rural Connections Broadband Program.
The Recipient will have an opportunity to provide input into the agenda, news
release, etc. and will receive final copies.
To ensure the Rural Connections visual identity is visible at all events, a Rural
Connections backdrop will be provided to the Recipient for the event, where
practical. Provincial and municipal flags may also be on display at all Rural
Connections events.
Responsibilities
The Recipient will:
• make all local arrangements (e.g., podium, flags as appropriate, seating
for speakers, shovels for ground-breaking ceremonies or ribbon for
opening ceremonies, etc.) if required;
• produce invitation and guest list and distribute invitations;
• display Project material;
• choose a Master of Ceremonies, if required;
• arrange for refreshments if desired; and,
• arrange for a public address system if appropriate.
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Rural Connections Broadband Program Funding Agreement
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Eligible Costs
A portion of a recommended event (sod turning, plaque unveiling, ribbon-cutting,
official opening) will be funded in accordance with this Agreement.
Only costs associated with events recommended by the Provincial Government
will be considered Eligible Costs. The maximum Eligible Cost for any one event
is $500, with a total of $1000 per project.
Refer to Schedule D for a list of eligible and ineligible costs.
Signs and Plaques
The Recipient must comply with the Ontario style guide when designing all signs
and plaques as set out below:
• Ontario's style guide and digital templates are available in a variety of
formats. For more information please contact your Project
Coordinator.
The Recipient will ensure that proofs of all Ontario project signs and plaques are
reviewed by the Ministry before installation.
Responsibilities
All capital projects should have a permanent plaque installed in an appropriate
and visible location such as inside main lobby/foyer, outside main building, or
other prominent location.
The Recipient shall install plaques as directed by this Schedule. The relevant
standards and procedures are outlined in the following paragraphs:
• Upon completion of a Project where the Maximum Financial Assistance
exceeds $100,000, the Recipient will install a permanent plaque.
• Permanent plaques may follow the design outlined in the Ontario style
guide or use a style suited to the building, provided all government and
partner logos are included.
• Costs for plaques shall be part of the Project's Eligible Costs in
accordance with Schedule D.
• The Recipient will submit proofs of the plaques to the Ministry for prior
approval.
• Both official languages will be used for public information, signs and
plaques when required by Ontario's French language services standards.
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Rural Connections Broadband Program Funding Agreement
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Plaque Specifications
• Size: between 12" x 9" and 24" x 18" or closest standard size.
• Materials: silver anodized aluminum plate or black aluminum plate with silver
engraved lettering; plaque backing constructed of solid wood with rosewood
piano finish.
• Hardware: reinforced hanger or open space on back so that plaque may be
permanently mounted to a wall.
• Options: other suitable materials such as cast aluminum, cast bronze,
engraved acrylic as appropriate to project/location.
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Rural Connections Broadband Program Funding Agreement
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SCHEDULE J
IRREVOCABLE STANDBY LETTER OF CREDIT TEMPLATE
Letter of Credit Number.....
Issue Date...............
TO:
Ministry of Agriculture, Food and Rural Affairs
Rural Community Development Branch
1 Stone Road West, 4NW
Guelph, Ontario N1G 4Y2
We, the [Insert name and address of Bank - the address must be in Ontario]
(either We or the Bank) hereby issue to and in favour of Her Majesty the
Queen in the Right of the Province of Ontario as represented by the
Minister of Agriculture, Food and Rural Affairs (either You or the Minister)
our Irrevocable Standby Letter of Credit for the account of [Insert exact legal
name of Municipality] (the Customer) for an amount not to exceed [Insert
dollars in text] ($ [Insert dollars in figures]) in lawful money of Canada.
This Letter of Credit is given for the obligations of the Customer incurred,
or to be incurred, to the Minister under an Agreement dated ______ and
made between the Customer and the Minister and which is entitled "Rural
Connections Broadband Program" as may be amended.
You are authorized, subject only to the terms of this Letter of Credit, to
draw on the Bank from time to time and at any time, in the event that You
require payment under this Letter of Credit. We shall issue payment
without enquiring whether You have a right as between the Minister and the
Customer to make such draw, and without recognizing any claims of the
Customer or other remedies available to You at any time and from time to
time.
Partial drawings are permitted under this Letter of Credit up to the full
amount of this Letter of Credit.
All drawing requests under this Letter of Credit shall be made by a written
demand for payment by the Minister that shall state the Letter of Credit No.
and Issue Date and shall state that the amount drawn is in connection with
the obligations of the Municipality incurred or to be incurred under the
terms of the aforementioned Agreement. All drawings must be made
payable to the Ministry of Agriculture, Food and Rural Affairs. Any one of
the Deputy Minister of Agriculture, Food and Rural Affairs, or any of their
respective heirs, successors and assigns, is duly authorized to sign the
written demand by and for the Minister.
We shall honour your demand for payment not later than the second
business day following receipt of the written demand for payment,
provided the drawing request is presented at the address of the Bank
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Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
stated above before 5 p.m. on or before the date this Letter of Credit
expires.
The amount of credit from time to time available by this Letter of Credit
may be reduced by such amount as shall be specified in writing by
direction given to the Bank by You and over the signature of one of: the
Deputy Minister of Agriculture Food and Rural Affairs, and the Director of
Business Planning and Financial Management Branch for the Minister of
Agriculture, Food and Rural Affairs, or the Director of Rural Community
Development Branch for the Minister of Agriculture, Food and Rural Affairs
or any of their respective heirs, successors and assigns.
This Letter of Credit will expire on ________, but shall be deemed to be
automatically extended without any formal amendment or notice to that
effect, from year to year for successive periods of one year each from the
present or any future expiration date hereof, unless not less than ninety
days prior to the present or any future expiration We shall notify You in
writing, delivered by courier or by prepaid registered mail to the attention
of the:
Director
Rural Community Development Branch
Ontario Ministry of Agriculture, Food and Rural Affairs
1 Stone Rd. W., 4NW
Guelph, ON. N1G4Y2
that the Bank elects not to renew this Letter of Credit beyond its current
expiry. Upon receipt by You of such notice You may draw before 5 p.m. on
or before the current expiry date the full amount hereunder by the written
demand for payment.
We acknowledge and agree that this Letter of Credit is irrevocable.
This Letter of Credit is subject to the International Standby Practices
(ISP98). This Letter of Credit shall also be governed by and construed in
accordance with the laws of the Province of Ontario and the applicable
laws of Canada except to the extent that such laws are inconsistent with
the International Standby Practices (ISP98).
AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE
40
______Rnml Connections Broadband Program Funding Agreement
SCHEDULE K File No-: 8075 " Town of THIsonbur9
Rural Connections Broadband Program
Broadband Access at Project Completion
Municipality: |
A
B
C
A and D*
A and E*
ID numbers of all hexes proposed to be served in approved application.
Y (YES) indicates hex would be covered in the approved project scope.
Record YES (Y) or NO (N) in chart to confirm hexes in Column B were actually covered at project completion.
Record hex number in Column A and indicate in Column D (Y/N) to identify additional hexes funded in project
due to scope changes.
Record hex number in Column A and indicate in Column E (Y/N) to identify additional hexes covered by ISP
in addition to those in project scope (i.e., not funded under the program).
B D
Hex ID
Proposed Hexes
to be covered in
approved
application
Hexes from Column
B Covered after
Project Completion
Additional Hexes
Covered due to
Project Scope Change
Hexes Covered
Outside of the
Approved Project
___Scope___
ONXXX
ONXXX
ONXXX
ONXXX
ONXXX
ONXXX
ONXXX
ONXXX
ONXXX
ONXXX
ONXXX
ONXXX
ONXXX
ONXXX
ONXXX
ONXXX
ONXXX
C - Explanation of why Proposed Hexes were not covered
Hex ID COMMENTS
D - Explanation of Hexes Covered due to Scope Change
Hex ID COMMENTS
F - Explanation of Hexes Covered Outside Approved Project Scope
Hex ID COMMENTS
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Rural Connections Broadband Program Funding Agreement
File No.: 8075 - Town of Tillsonburg
SCHEDULE L
ABORIGINAL CONSULTATION PROTOCOL
1.0 Purpose
The purpose of this Aboriginal Consultation Protocol is to set out the
responsibilities of the Ministry and the Recipient in relation to consultation with
Aboriginal Groups on the Project, and to delegate procedural aspects of
consultation from the Ministry to the Recipient.
1.1 Definitions
For the purposes of this Schedule L:
"S. 35 Duty" means any duty the Ministry may have to consult and, where
appropriate, accommodate Aboriginal Groups in relation to the Project flowing
from Section 35 of the Constitution Act, 1982.
2.0 Responsibilities of the Ministry
2.1 The Ministry is responsible for:
(i) determining the Aboriginal Groups to be consulted in relation to the
Project, if any, and advising the Recipient of same;
(ii) the preliminary and ongoing assessment of the depth of consultation
required with the Aboriginal Groups;
(iii) at its discretion, delegating procedural aspects of consultation to the
Recipient pursuant to this Agreement;
(iv) directing the Recipient to take such actions, including without limitation
suspension of the Project, as the Ministry may require;
(v) 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 Agreement; andi
(vi) 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.
3.0 Responsibilities of the Recipient
3.1 The Recipient hereby acknowledges that, for the purposes of any S. 35
Duty borne by the Ministry, the Recipient is the Ministry's delegate and in thiscapacity is responsible for carrying out the procedural aspects of consultation
delegated to it by the Ministry pursuant to this Agreement.
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Rural Connections Broadband Program Funding Agreement
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3.2 The Recipient is responsible for:
(i) giving notice to the Aboriginal Groups regarding the Project as directed
by the Ministry, if such notice has not already been given by the
Recipient or the Ministry;
(ii) immediately notifying the Ministry of contact by any Aboriginal Groups
regarding the Project and advising of the details of the same;
(iii) 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;
(iv) following up with the Aboriginal Groups in an appropriate manner to
ensure that Aboriginal Groups are aware of the opportunity to express
comments and concerns about the Project, including any concerns
regarding adverse impacts on hunting, trapping, fishing, plant
harvesting or on burial grounds or archaeological sites of cultural
significance to the Aboriginal Groups, and immediately advising the
Ministry of the details of the same;
(v) informing the Aboriginal Groups of the regulatory and approval
processes that apply to the Project of which the Recipient is aware
after reasonable inquiry;
(vi) 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;
(vii) making all reasonable efforts to build a positive relationship with the
Aboriginal Groups in relation to the Project;
(viii) 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;
(ix) if appropriate, providing reasonable financial assistance to Aboriginal
Groups to permit effective participation in consultation processes for
the Project;
(x) 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
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Rural Connections Broadband Program Funding AgreementFile No.: 8075 - Town of Tillsonburg
significance to an Aboriginal Group, or on other interests, or any other
concerns or issues regarding the Project;
(xi) answering any questions to the extent of the Recipient's ability and
receiving comments from the Aboriginal Groups, notifying the Ministry
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;
(xii) where an Aboriginal Group asks questions regarding the Project
directly of the Ministry, providing the Ministry with the information
reasonably necessary to answer the inquiry, upon the Ministry's
request;
(xiii) subject to Section 3.2 (xiv), where appropriate, discussing with the
Aboriginal Groups potential accommodation, including mitigation of
potential impacts on Aboriginal or treaty rights, asserted rights or
associated interests regarding the Project and reporting to the Ministry
any comments or questions from the Aboriginal Groups that relate to
potential accommodation or mitigation of potential impacts;
(xiv) consulting regularly with the Ministry during all discussions with
Aboriginal Groups regarding accommodation measures, if applicable,
and presenting to the Ministry for the purposes of Section 2.1 (v)
hereof, the results of such discussions prior to implementing any
applicable accommodation measures;
(xv) complying with the Ministry's direction to take any actions,
including without limitation suspension of the Project, as the Ministry
may require; and
(xvi) providing in any contracts with third parties for the Recipient's right and
ability to respond to direction from the Ministry as the Ministry may
provide in accordance with Section 2.1 (xv).
3.3 The Recipient hereby acknowledges that, notwithstanding Section 3.1
above, the Ministry, 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.
3.4 The Recipient will carry out the following functions in relation to record
keeping, information sharing and reporting to the Ministry:
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Rural Connections Broadband Program Funding Agreement
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(i) provide to the Ministry, upon request, complete and accurate copies
of all documents provided to the Aboriginal Groups in relation to the
Project;
(ii) keep reasonable business records of all its activities in relation to
consultation and provide the Ministry with complete and accurate
copies of such records upon request;
(iii) provide the Ministry with timely notice of any Recipient mailings to, or
Recipient meetings with, the representatives of any Aboriginal Group in
relation to the Project;
(iv) immediately notify the Ministry of any contact by any Aboriginal Groups
regarding the Project and provide copies to the Ministry of any
documentation received from Aboriginal Groups;
(v) advise the Ministry 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;
(vi) immediately notify the Ministry if any Aboriginal archaeological
resources are discovered in the course of the Project;
(vii) provide the Ministry with summary reports or briefings on all of its
activities in relation to consultation with Aboriginal Groups, as may be
requested by the Ministry; and
(viii) if applicable, advise the Ministry 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.
3.5 The Recipient shall, upon request lend assistance to the Ministry by filing
records and other appropriate evidence of the activities undertaken both by the
Ministry and by the Recipient in consulting with Aboriginal Groups in relation to
the Project, attending any regulatory or other hearings, and making both written
and oral submissions, as appropriate, regarding the fulfillment of Aboriginal
consultation responsibilities by the Ministry and by the Recipient, to the relevant
regulatory or judicial decision-makers.
4.0 No Implicit Acknowledgement
4.1 Nothing in this Agreement shall be construed as an admission,
acknowledgment, agreement or concession by the Ministry or the Recipient, that
a S. 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 S. 35 Duty, nor that a particular aspect of consultation
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Rural Connections Broadband Program Funding Agreement
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referred to in Section 3.1 hereof is an aspect of the S. 35 Duty that could not
have lawfully been delegated to the Recipient had the Parties so agreed.
5.0 General
5.1 This Agreement shall be construed consistently with but does not
substitute for any requirements or procedures in relation to Aboriginal
consultation or the S. 35 Duty that may be imposed by a ministry, board, agency
or other regulatory decision-maker acting pursuant to laws and regulations. Such
decision-makers may have additional obligations or requirements. Nonetheless,
the intent of the Ministry is to promote coordination among provincial ministries,
boards and agencies with roles in consulting with Aboriginal Groups so that the
responsibilities outlined in this Agreement may be fulfilled efficiently and in a
manner that avoids, to the extent possible, duplication of effort by Aboriginal
Groups, the Recipient, the Ministry, and provincial ministries, boards, agencies
and other regulatory decision-makers.
6.0 Notice and Contact
6.1 All notices to the Ministry pertaining to this Schedule shall be in writing
and shall be given by facsimile or other means of electronic transmission or by
hand or courier delivery. Any notice to the Ministry shall be addressed as follows:
Ministry of Agriculture, Food and Rural Affairs
1 Stone Road West, 4 NW
Guelph, Ontario
N1G4Y2
Phone: 1-888-466-2372
Fax: (519)826-4336
Email: ruralconnections.omafra(5)ontario.ca
Attention: Martin Bohl, Director
46