3692 Schedule "A" - Community Infrastruction Improvement Fund Contribution AgreementRecipient Name: Town ofTil\sonburg Project No: C0644
COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND
...-F-E_D_D_EV_O_N=TA-~R-10-.,
CONTRIBUTION AGREEMENT JAN j U 7ti1l
RECEIVED-RECU
L---T..:..O;;.;R;;..O;;.;N;.;;.!2..___..
This Contribution Agreement is made as of february fo, 2013
BETWEEN:
AND:
HER MAJESTY THE QUEEN IN RIGHT OF
CANADA ("Her Majesty") hereby represented by the
Minister responsible for Federal Economic Development
Agency for Southern Ontario
Town of Tillsonburg ("Recipient") a local government
established under the laws of Ontario
WHEREAS the Federal Economic Development Agency for Southern Ontario ("Agency")
was created to help make Canadians more productive and competitive in the knowledge-
based economy, by supporting economic development, economic diversification, job
creation, and sustainable, self-reliant communities in Southern Ontario;
WHEREAS in its 2012 Budget, the Government of Canada allocated $150 million to the
newly created Community Infrastructure Improvement Fund ("CIIF") to rehabilitate and
improve, and expand, existing community infrastructure facilities; and
WHEREAS the Minister has agreed to make a non-repayable contribution to the Recipient
up to the maximnm amount of fifty-six thousand, two hundred and fifty dollars ($56,250)
in support of the Recipient's Eligible Costs (as defined herein) of the Project (as defined
herein),
NOW THERETOFORE, in accordance with the mutual covenants and agreements
herein, Her Majesty and the Recipient agree as follows:
1. Purpose of the Agreement
The purpose of this Agreement is to set out the terms and conditions under which the
Minister will provide CIIF (as defined herein) funding in support of the Project (as defined
herein).
2. Interpretation
2.1 Definitions. In this Agreement, a capitalized term has the meaning given to it in this
section, unless the context indicates otherwise:
Page 1 of36
Recipient Name: Town ofTillsonburg Project No: C0644
Agency means the Federal Economic Development Agency for Southern Ontario.
Agreement means this agreement including all the annexes attached hereto, as such may
be amended, restated or supplemented, from time to time.
CIIF means the Community Infrastructure Improvement Fund as described in the recitals
hereto.
Contribution means the contribution to Eligible Costs m the amount stipulated m
Subsection 4.1.
Control Period means the period of six (6) years following the period determined m
Subsection 3.1 as the duration of the Agreement.
Date of Acceptance means the date on which the duplicate fully executed copy of this
Agreement is received by the Minister.
Eligibility Date means April I, 2012.
Eligible Costs means those Project Costs supported by the Contribution and which are
identified in Annex I -Statement of Work and relating to the Project activities described
therein and which are in compliance with Annex 3 -Costing Guideline Memorandum.
Event of Default means the events of default described in Subsection 13.1 hereof.
Final Report means the report described in Subsection 7 .I hereof.
Final Report Date means June 30, 2014.
Final Review Form means the report described in Subsection 7 .I hereof.
Fiscal Year means the Government of Canada's fiscal year beginning on April 1st of a
year and ending on March 31st of the following year.
Local Government means a "municipality" as defined in the Municipal Act, 200 I,
(Ontario), as amended and includes a local board of a municipality and a board,
commission or other local authority exercising any power with respect to municipal affairs
or purposes in an unorganized township.
Minister means the Minister responsible for the Agency or any one or more of his
representatives.
Parties means the Minister and the Recipient and Party means any one of them.
Program Completion Date means March 31,2014.
Page 2 of36
Recipient Name: Town ofTillsonburg Project No: C0644
Project means the project described in Annex I-Statement of Work.
Project Costs means the total costs of the Project as set out in Annex I -Statement of
Work.
Statement of Total Government Assistance means the report described m Paragraph
6.4(a)(iv) hereof.
"Substantially Completed" has the same meaning and shall be detennined in accordance
with how the term "substantially perfonned" is determined in subsection 2(1) of the
Construction Lien Act, R.S.O. 1990, c. C.30, as amended, and "Substantial Completion"
shall have a corresponding meaning.
2.2 Singular/Plural. Wherever from the context it appears appropriate, each tenn stated
in either the singular or plural shall include the singular and the plural.
2.3 Entire Agreement. This Agreement comprises the entire agreement between the
Parties. No prior document, negotiation, provision, undertaking or agreement in
relation to the subject matter of this Agreement has legal effect. No representation or
warranty, whether express, implied or otherwise, has been made by the Minister to
the Recipient, except as expressly set out in this Agreement.
2.4 Inconsistency. In case of inconsistency or conflict between a provision contained in
the part of the Agreement preceding the signatures and a provision contained in any
of the Annexes to this Agreement, the provision contained in the part of the
Agreement preceding the signatures will prevail.
2.5 Annexes. This Agreement contains the following Annexes as described below,
which fonn an integral part of this Agreement:
Annex 1 -Statement of Work: this annex is a comprehensive description of
the Project, including without limitation, the scope of work, cost breakdown,
location of Project and sources of funding.
Annex 2 -Environmental Mitigation Measures: this annex summarizes the
current status of the Project under the Canadian Environmental Assessment
Act, 2012 and, if necessary, the mitigation measures identified for the Project
which the Recipient will have to implement, as a condition of the Contribution.
Annex 3 -Costing Guideline Memorandum: this annex describes the rules
for eligibility for certain costs.
Annex 4-Direct Deposit Authorization
Annex 5 -Progress Report: this annex contains substantially the form to be
used in order to prepare the progress report.
Page 3 of 36
Recipient Name: Town ofTillsonburg Project No: C0644
Annex 6 -Final Review Form: this annex contains substantially the form to
be used in order to prepare the Final Review Form.
Annex 7 -Final Report: this annex contains substantially the form to be used
in order to prepare the Final Report.
Annex 8 -Statement of Total Government Assistance: this annex contains
substantially the form to be used in order to prepare the Statement of Total
Government Assistance.
Annex 9 -Aboriginal Consultation Protocol: this annex contains the
protocol to be followed in respect to any Aboriginal consultation.
3. Duration of Agreement
3.1 Duration of Agreement. This Agreement comes into force on the Date of
Acceptance and will tenninate:
(a) twelve (12) months after the earlier of:
i) the Project is Substantially Completed; or
ii) the Program Completion Date.
(b) upon the date on which all amounts due by the Recipient to Her Majesty under
this Agreement, have been paid in full,
whichever is the later, unless terminated earlier in accordance with the terms of this
Agreement.
3.2 Control Period. Notwithstanding the provisions of Subsection 3.1 above, during the
Control Period, the rights and obligations described in the following sections shall
continue beyond the duration of the Agreement:
Section 5 -Other Government Financial Support
Subsection 6.6-Overpayment and non-entitlement
Subsections 7.3, 7.4, 7.5, 7.6 and 7.7-Monitoring, Audit and Evaluation
Subsection 8.lc) and 8.2c)-Representations and Covenants
Section 12-Indemnification and Limitation of Liability
Section 13 -Default and Remedies
Section 14-Project Assets
Subsection 16.9-Dispute Resolution
4. The Contribution
Page 4 of36
Recipient Name: Town ofTillsonburg Project No: C0644
4.1 Subject to the terms and conditions of this Agreement, the Minister will make a non-
repayable contribution to the Recipient in respect of the Project in an amount not
exceeding the Jesser of(a) and (b) as follows:
(a) maximum 50.0% of total Eligible Costs of the Project incurred and paid by the
Recipient; and
(b) $56,250
4.2 The payment of the Contribution per Fiscal Year is estimated at amounts as detailed
in Annex I -Statement of Work.
4.3 The Minister shall not contribute to any Eligible Costs incurred pnor to the
Eligibility Date or later than the Program Completion Date.
4.4 The Minister shall not contribute to any Eligible Costs incurred by the Recipient
which could cause the Contribution, noted in Subsection 4.1 herein to be exceeded.
4.5 The Recipient agrees that it shall contribute no Jess than fifty percent (50%) to the
Eligible Costs of the Project.
4.6 The Recipient shall use the Contribution solely and exclusively to support the
Eligible Costs of the Project, as detailed in Annex 1-Statement of Work and in
Annex 3 -Costing Guideline Memorandum and shall carry out the Project in a
diligent and professional manner, using qualified personnel and in accordance with
the Project description in Annex 1-Statement of Work.
4.7 The Recipient shall be responsible for all costs of the Project, including cost
overruns, if any.
4.8 Hold backs. Notwithstanding any other provisions of this Agreement, the Minister
will, at the Minister's sole discretion, withhold up to ten percent (10%) of the
Contribution amount until:
(a) the Project is Substantially Completed;
(b) the Recipient has satisfied all the conditions ofthis Agreement;
(c) the Final Review Form described in Subsection 6.4(a)(ii) has been submitted
to the satisfaction of the Minister;
(d) audits and site visits, where required by the Minister, have been completed to
the satisfaction of the Minister; and
(e) the Minister has approved the final claim described in Subsection 6.4.
Page 5 of36
Recipient Name: Town ofTillsonburg Project No: C0644
5. Other Government Financial Support
5 .I The Recipient hereby confirms that for purposes of this Project no other federal,
provincial, Local Government assistance has been requested, received or will be
received.
5.2 The Recipient shall promptly inform the Minister in writing in the event additional
other government financial support has been requested or received for the Project,
during the term of this Agreement and acknowledges and agrees that an adjustment
to the amount of the Contribution and a request for repayment of part or all of the
amounts paid to the Recipient may be made as a result thereof. The amount of
repayment requested will constitute a debt due to Her Majesty and will be recovered
as such from the Recipient.
5.3 In no instance will the total government funding towards the Eligible Costs of the
Project be allowed to exceed one hundred percent (100%) of the total Eligible Costs.
6. Claims and Payments
6.1 The Recipient shall maintain accounting records that account for the Contribution
paid to the Recipient and the related Project Costs in respect of this Agreement,
separate and distinct from any other funding.
6.2 Claims Procedures. The Recipient shall submit claims for reimbursement of
Eligible Costs incurred and paid, not less frequently than semi-annually or more
frequently than monthly, in a fonn satisfactory to the Minister. Each claim will
include the following information:
(a) an itemized summary of Eligible Costs incurred and paid;
(b) a progress report of the claim as it relates to Annex I -Statement of Work, in
the form attached as Annex 5 -Progress Report;
(c) a certification of the claim by a director or officer of the Recipient, confirming
the accuracy of the claim and of all supporting information provided;
(d) if applicable, a certification by a director or officer of the Recipient that any
mitigation measures listed in Annex 2 -Environmental Mitigation Measures
have been implemented; and
(e) substantiating documentation (including without limitation, any mvmce or
proof of payment).
Page 6 of36
Recipient Name: Town ofTillsonburg Project No: C0644
6.3 Advance Payments.
(a) Initial Advance. Where the Minister is satisfied and has detennined that
the Recipient's cash flow requirements justify the need for an advance against the
Eligible Costs payable under this Agreement, the Minister may, at his sole
discretion, pay to the Recipient an initial advance for Eligible Costs on the portion
of the Contribution allocated to the Fiscal Year to which the advance request
pertains, subject to the following:
i) The Recipient submits to the Minister's satisfaction, a forecast of
cash flow requirements to be incurred during the initial advance
period along with any documentation that the Minister may
reasonably request.
ii) The Recipient shall account by way of claim, to the satisfaction of
the Minister, for the use of any advances.
(b) Subsequent Advances. Where the Minister is satisfied and has determined
that the Recipient's cash flow requirements justify the need, the Minister may, at his
sole discretion, make additional advances for Eligible Costs, subject to the
following:
(i) The Recipient follows the requirements outlined under (a)i) and
(a)ii) above with respect to any subsequent advance; and
(ii) The Recipient submits the advance request at least six (6) weeks
prior to the start of the advance period to which the advance request
pertains.
(c) If the amount of the advance exceeds the amount of Eligible Costs incurred
during the previous advance period, the Minister may deduct the excess
amount and any interest earned by such excess from any other payment
under this Agreement.
6.4 Final Claim Procedures.
(a) The Recipient shall submit a final claim pertaining to the final reimbursement
of any Eligible Costs previously claimed or not, signed by a director or officer
of the Recipient and accompanied by the following, in addition to the
requirements set out in Subsection 6.2, in a form satisfactory to the Minister in
scope and detail:
(i) a confirmation that it is the final claim for payment and as such, it
includes all final Eligible Costs submitted for payment;
(ii) a Final Review Form on the Project;
Page 7 of36
Recipient Name: Town ofTillsonburg Project No: C0644
(iii) a Final Report of total Project Costs; and
(iv) a Statement of Total Government Assistance (federal, provincial and
Local Government assistance) received or requested towards the Eligible
Costs of the Project substantially in the form of Annex 8-Statement of
Total Government Assistance.
(b) The Recipient shall submit the final claim for reimbursement of Eligible Costs
to the satisfaction of the Minister the earlier of:
(i) the date which falls no later than three (3) months after Project 1s
Substantially Completed; and
(ii) the Final Report Date.
The Minister shall have no obligation to pay any claims submitted after this date.
6.5 Payment Procedures.
(a) The Minister shall review and approve the documentation submitted by the
Recipient following the receipt of the Recipient's claim and in the event of any
deficiency in the documentation, it will notify the Recipient and the Recipient
shall immediately take action to address and rectify the deficiency.
(b) Subject to the maximum Contribution amounts set forth in Subsection 4.1 and
all other conditions contained in this Agreement, the Minister shall pay to the
Recipient the Eligible Costs set forth in the Recipient's claim, in accordance
with the Minister's customary practices.
(c) The Minister may request at any time that the Recipient provides satisfactory
evidence to demonstrate that all Eligible Costs claimed have been paid.
(d) The Minister may require, at his expense, any claim submitted for payment of
the Contribution be certified by the Recipient's external auditor or by an
auditor approved by the Minister.
6.6 Overpayment or non-entitlement. Where, for any reason, the Recipient is not
entitled to all or part of the Contribution or the amount paid to the Recipient exceeds
the amount to which the Recipient is entitled, the Contribution or the amount in
excess, as the case may be, shall constitute a debt due to Her Majesty and shall be
recovered as such from the Recipient. The Recipient shall repay Her Majesty within
thirty (30) calendar days from the date of the Minister's notice, the amount of the
Contribution disbursed or the amount of the overpayment, as the case may be,
together with interest calculated in accordance with the Interest and Administrative
Charges Regulations, in effect on the due date, from the date of the notice until
payment is received by Her Majesty.
Page 8 of36
Recipient Name: Town ofTillsonburg Project No: C0644
6. 7 If the Recipient eams any interest as a consequence of any advance payment of the
Contribution or eams any revenue as a result of the Project, the Minister may in his
absolute discretion reduce the Contribution by all or by such portion of the revenue
(including the interest) as he deems appropriate.
7. Monitoring, Audit and Evaluation
7 .I Final Review Form and Final Report. In accordance with Subsection 6.4, the
Recipient shall submit to the Minister a Final Review Form, substantially in the fonn
of Annex 6 -Final Review Form and a Final Report, substantially in the fonn of
Annex 7 -Final Report, satisfactory to the Minister in scope and detail, in order to
allow the Minister to assess the outcome and costs of the Project.
7.2 Upon request of the Minister and at no cost to him, the Recipient shall promptly
elaborate upon any report submitted or provide such additional infonnation as may
be requested.
7.3 The Recipient shall at its own expense:
(a) preserve and make available for audit and examination by the Minister, proper
books, accounts and records of the Project Costs, wherever such books, and
records may be located, and permit the Minister to conduct such independent
audits and evaluations as the Minister in his discretion may require;
(b) upon reasonable notice and after consultation with the Recipient, penni! the
Minister, reasonable access to the Project site and/or the Recipient's premises
and documents in order to inspect and assess the progress and results of the
Project;
(c) supply promptly, on request, such other data in respect of the Project and its
results, as the Minister may require for purposes of this Agreement and for
statistical and/or evaluation purposes.
7.4 The Minister shall have the right, at his own expense, and as and when he determines
necessary, to perfonn audits of the Project Costs and the Recipient's books, accounts,
records, financial statements and claims for reimbursement of Eligible Costs, and the
Recipient's administrative, financial and claim certification processes and
procedures, for the purposes of verifying the costs of the Project, validating claims
for reimbursement of Eligible Costs, ensuring compliance with the terms of this
Agreement, and confirming amounts repayable to Her Majesty under the provisions
of this Agreement.
7.5 Any audits performed hereunder will be carried out by auditors selected by the
Minister, which may include any of the following: Agency officials, an independent
auditing firm, and/or the Recipient's extemal auditors. The Minister will provide the
Page 9 of 36
Recipient Name: Town ofTillsonburg Project No: C0644
Recipient with a description of the scope and criteria of the audit and the expected
time frames for completion of the audit and public release of the related reports.
7.6 The Recipient agrees that the Minister, at his expense, may engage outside finns or
individuals, unrelated to the Government of Canada, with the required expertise to
evaluate and monitor the Project and its implementation or review any documents
submitted by the Recipient. The Recipient agrees to provide access to any site,
meeting or to any document in relation to the Project to such firms or individuals.
7.7 Auditor General of Canada. The Recipient acknowledges that the Auditor General
of Canada may, at the Auditor General's cost, after consultation with the Recipient,
conduct an inquiry under the authority of Subsection 7.1(1) of the Auditor General
Act in relation to any funding agreement (as defined in Subsection 42(4) of the
Financial Administration Act) with respect to the use of funds received. For purposes
of any such inquiry undertaken by the Auditor General, the Recipient shall provide,
upon request and in a timely manner, to the Auditor General or anyone acting on
behalf of the Auditor General:
(a) all records held by the Recipient or by agents or contractors of the Recipient,
relating to this Agreement and the use of the Contribution; and
(b) such further information and explanations as the Auditor General, or anyone
acting on behalf of the Auditor General, may request relating to this
Agreement and/or the Contribution.
8. Representations and Covenants
8.1 The Recipient represents and warrants that:
(a) it is a Local Government and is in good standing under the laws of Ontario,
and has the power and authority to carry on its business, to hold its property
and to enter into this Agreement and it has the power and authority, and has
met all legal requirements, necessary to carry on business, hold property, and
to enter into, deliver and perform this Agreement. The Recipient warrants that
it shall remain as such for duration of this Agreement;
(b) the execution, delivery and performance of this Agreement have been duly and
validly authorized by the necessary corporate actions of the Recipient and
when executed and delivered by the Recipient, this Agreement constitutes a
legal, valid and binding obligation of the Recipient, enforceable in accordance
with its terms;
(c) it has acquired, at its own expense, general liability insurance and property
damage insurance, in an adequate amount consistent with the scope of the
operations and the Project that a prudent person carrying out a project similar
Page 10 of36
Recipient Name: Town ofTillsonburg Project No: C0644
to the Project would maintain, and will maintain such for the duration of the
Agreement and the Control Period.
(d) the signatory(ies) to this Agreement, on behalf of the Recipient, has(ve) been
duly authorized to execute and deliver this Agreement;
(e) this Agreement constitutes a legally binding obligation of the Recipient,
enforceable against it in accordance with its terms, subject as to enforcement
of remedies to applicable bankruptcy, insolvency, reorganization and other
laws affecting generally the enforcement of the rights of creditors and subject
to a court's discretionary authority with respect to the granting of a decree,
ordering specific performance or other equitable remedies;
(f) the execution and delivery of this Agreement and the performance by the
Recipient of its obligations hereunder will not, with or without the giving of
notice or the passage of time or both:
(i) violate the provisions of the Recipient's by-laws, any other corporate
governance document subscribed to by the Recipient or any resolution of
the Recipient;
(ii) violate any judgment, decree, order or award of any court, government
agency, regulatory authority or arbitrator; or
(iii) conflict with or result in the breach or tennination of any material term or
provision of, or constitute a default under, or cause any acceleration
under, any license, pennit, concession, franchise, indenture, mortgage,
lease, equipment lease, contract, pennit, deed of trust or any other
instrument or agreement by which it is bound.
(g) there are no actions, suits, investigations or other proceedings pending or, to
the knowledge of the Recipient, threatened and there is no order, judgment or
decree of any court or governmental agency, which could materially and
adversely affect the Recipient's ability to carry out the activities contemplated
by this Agreement;
(h) it has obtained or will obtain all necessary licences and pennits in relation to
the Project, which satisfy the requirements of all regulating bodies of
appropriate jurisdiction; and
(i) all information provided during the CIIF application process remains true,
correct and complete in every respect except as set out to the contrary herein.
8.2 The Recipient covenants and agrees that :
(a) it shall obtain the prior written consent of the Minister before making any
change to any aspect of the Project or to the management of the Project or
Recipient.
Page II of36
Recipient Name: Town ofTillsonburg Project No: C0644
(b) it shall acquire and manage all equipment, services and supplies required for
the Project in a manner that ensures the best value for funds expended and it
shall comply with its procurement policies, rules and regulations.
(c) it shall maintain the usage as described in Annex 1 -Statement of Work, of
any assets to which the Minister has contributed to for a minimum of six (6)
years after the expiry or the termination of this Agreement.
9. Federal Visibility Requirements
9.1 The Recipient agrees that its name, the amount of the Contribution and a description
of the general nature of the activities supported under this Agreement may be made
publicly available by the Minister.
9.2 In order to promote the support received from the Minister, and to raise awareness of
the Community Infrastructure Improvement Fund, the Recipient agrees to the
following requirements, at the request of the Agency:
(a) Participate in and assist with coordination of a public announcement of the
Agreement by the Minister in the fonn of an event and/or news release as
provided by the Minister. The Recipient shall maintain the confidentiality of
this Agreement until such public announcement;
(b) Coordinate a mutually agreeable venue, date and time, in light of the
availability of the Minister, for public/media events outlining Project
achievements, such as groundbreaking or completion ceremonies, or initiatives
undertaken by the Recipient and acknowledging the role of the Minister on
these occasions. Unless otherwise agreed to in advance by the Minister, no
event will take place without at least fifteen (15) business days' notice to the
Minister;
(c) Participate in, coordinate and accommodate activities that showcase the results
or expected results of the Minister's support, including but not limited to
public showcase events, site visits, photo opportunities, production of
promotional products (including but not limited to, photos and images, video,
print and new media). This includes providing access to the Recipient's work
site(s) to the Agency staff. The Recipient agrees that the Minister may contact
it for the purposes of preparing project success stories;
(d) When providing information on the products and services funded in whole or
in part by this Agreement, specify that the financial assistance is made possible
through a contribution from the Minister;
(e) Prominently display at the Project site in a manner prescribed by the Minister,
promotional material or signage according to a design specified by the
Page 12 of36
Recipient Name: Tm.vn ofTillsonburg Project No: C0644
Minister and produced and installed at the Recipient's expense,
communicating the nature of the funded activities and/or the involvement of
the Minister; and
(f) Include the appropriate "Government of Canada" wordmark, Economic Action
Plan logo, and/or Agency signature in all publications and advertising
describing or promoting the products and services funded in whole or in part
by this Agreement, including, but not limited to, electronic media (web,
television, video), and print media (signs, print advertising, brochures,
magazines, maps, posters). The Recipient will consult with the Minister in
preparing the content and look of all such material, which must be approved in
advance. The Recipient will provide the Agency with no less than ten (I 0)
business days for the approval of all materials prior to its release.
The Minister may, by notice in writing given to the Recipient, require that
recognition of the support provided by the Minister not be made in any public
communication of the Recipient.
10. Official Languages
Where the Recipient communicates with members of the public regarding Project
activities supported by the Contribution, and/or where the Recipient provides services
supported by the Contribution to members of the public, the Recipient shall:
(a) make available in both official languages any notice, advertisement,
announcement, document or publication for the information primarily of
members of the public;
(b) actively offer and provide in both official languages any services to be
provided or made available to members of the public;
(c) encourage members of both official language communities to participate in its
activities; and
(d) organize activities when appropriate to meet the needs of members of both
official language communities.
11. Environmental and Other Requirements
11.1 The Recipient represents that the Project is not a "designated project" as defined in
the Canadian Environmental Assessment Act, 2012 ("CEAA") and is not being
carried out on "federal lands" as defined in the CEAA.
Page 13 of36
Recipient Name: Town ofTillsonburg Project No: C0644
11.2 The Recipient shall comply with all federal, provincial, territorial, municipal and
other applicable laws governing the Recipient and the Project, including but not
limited to, statutes, regulations, by-laws, rules, ordinances and decrees. This
includes legal requirements and regulations relating to environmental protection and
the successful implementation of and adherence to any mitigation measures,
monitoring or follow-up program, which may be prescribed by the Minister or by
other federal, provincial, territorial, municipal bodies.
11.3 The Recipient will provide the Minister with reasonable access to any Project site,
for the purpose of ensuring that the terms and conditions of any environmental
approval are met, and that any required mitigation measures, monitoring or program
follow up have been carried out, to the satisfaction of the Minister.
11.4 If as a result of changes to the Project or otherwise, should a subsequent assessment
be required in accordance with CEAA for the Project, the Minister and the
Recipient agree that the Minister's obligations under this Agreement will be
suspended from the moment that the Minister informs the Recipient, until (i) a
decision statement has been issued to the Recipient or, if applicable, the Minister
has decided that the Project is not likely to cause significant adverse environmental
effects, and (ii) if required, an amendment to this Agreement has been signed,
setting out any conditions included in the decision statement. The Recipient agrees
to comply with any such conditions.
11.5 Aboriginal consultation. The Recipient acknowledges that the Minister's
obligation to pay the Contribution is conditional upon Her Majesty satisfying any
obligation that Her Majesty may have to consult with or to accommodate any
Aboriginal groups, which may be affected by the terms of this Agreement. The
Parties agree to be bound by the terms of Annex 9 -Aboriginal Consultation
Protocol.
12. Indemnification and Limitation of Liability
12.1 The Recipient shall at all times indemnify and save hannless Her Majesty, its
officers, officials, employees and agents, from and against all claims and demands,
losses, costs, damages, actions, suits or other proceedings (including, without
limitation, those relating to injury to persons, damage to or loss or destruction of
property, economic loss or infringement of rights) by whomsoever brought or
prosecuted, or threatened to be brought or prosecuted, in any manner based upon or
occasioned by any injury to persons, damage to or loss or destruction of property,
economic loss or infringement of rights, caused by, or arising directly or indirectly
from:
(a) the Project, its operation, conduct or any other aspect thereof;
(b) the performance or non-performance of this Agreement, or the breach or
failure to comply with any term, condition, representation or warranty of this
Page 14 of36
Recipient Name: Town ofTi!lsonburg Project No: C0644
Agreement by the Recipient, its officers, employees and agents, or by a third
party or its officers, employees, or agents;
(c) the design, construction, operation, maintenance and repair of any part of the
Project or,
(d) any omission or other wilful or negligent act or delay of the Recipient or a
third party and their respective employees, officers, or agents, except to the
extent to which such claims and demands, losses, costs, damages, actions,
suits, or other proceedings relate to the negligent act or omission of an officer,
official, employee, or agent of Her Majesty, in the perfonnance of his or her
duties.
12.2 The Minister shall have no liability under this Agreement, except for payments of
the Contribution, in accordance with and subject to the provisions of this
Agreement. Without limiting the generality of the foregoing, the Minister shall not
be liable for any direct, indirect, special or consequential damages, or damages for
loss of revenues or profits of the Recipient.
12.3 Her Majesty, her agents, employees and servants will not be held liable in the event
the Recipient enters into a loan, a capital or operating lease or other long-tenn
obligation in relation to the Project for which the Contribution is provided.
13. Default and Remedies
13.1 Event of Default. The Minister may declare that an Event of Default has occurred
if:
(a) the Recipient has failed or neglected to pay Her Majesty any amount due in
accordance with this Agreement;
(b) the Recipient fails to proceed diligently with the Project, or abandons the
Project in whole or in part, or the Project is not Substantially Completed by the
Program Completion Date;
(c) the Recipient makes a materially false or misleading statement concemmg
support by the Minister in any internal and/or public communication, other
than in good faith;
(d) the Recipient becomes bankrupt or insolvent, goes into receivership, or takes
the benefit of any statute, from time to time in force, relating to bankrupt or
insolvent debtors;
(e) an order is made or the Recipient has passed a resolution for the winding up or
liquidation of the Recipient, or the Recipient is dissolved;
Page 15 of36
Recipient Name: Town ofTi\lsonburg Project No: C0644
(f) the Recipient has, in the opinion of the Minister, ceased to carry on business or
has sold all or substantially all of its assets;
(g) the Project is carried out at locations, other than those mentioned in Annex 1 -
Statement of Work;
(h) the Recipient has submitted false or misleading information, or has made a
false or misleading representation to the Agency, the Minister or in this
Agreement;
(i) the Recipient has not, in the opinion of the Minister, met or satisfied a tenn or
condition of this Agreement;
(j) the Recipient has not met or satisfied a tenn or condition under any other
contribution agreement or agreement of any kind with Her Majesty;
(k) the Recipient is not eligible or is otherwise not entitled to the Contribution; or,
(I) the Recipient has not complied with the monitoring, audit and evaluation
requirements, specified in this Agreement.
13.2 Notice and Rectification Period. Except in the case of default under Subsection
13.1 (d) (e) and (f), the Minister will not declare that an Event of Default has
occurred unless he has given prior written notice to the Recipient of the occurrence,
which in the Minister's opinion constitutes an Event of Default. The Recipient shall,
within such period of time as the Minister may specify in the notice, either correct
the condition or event or demonstrate, to the satisfaction of the Minister, that it has
taken such steps as are necessary to correct the condition, failing which the Minister
may declare that an Event of Default has occurred.
13.3 Remedies. If the Minister declares that an Event of Default has occurred, the
Minister may immediately exercise any one or more of the following remedies, in
addition to any remedy available at law:
(a) tenninate the Agreement, including any obligation by the Minister to make any
payment under this Agreement, including any obligation to pay an amount
owing prior to such tennination;
(b) suspend any obligation by the Minister to make any payment under this
Agreement, including any obligation to pay an amount owing prior to such
suspension; and
(c) require the Recipient to repay forthwith to Her Majesty all or part of the
Contribution, and that amount is a debt due to Her Majesty and may be
recovered as such.
Page 16 of36
Recipient Name: Town ofTillsonburg Project No: C0644
13.4 The Recipient acknowledges the policy objectives served by the Minister's
agreement to make the Contribution, that the Contribution comes from the public
monies, and that the amount of damages sustained by Her Majesty in an Event of
Default is difficult to ascertain and therefore, that it is fair and reasonable that the
Minister be entitled to exercise any or all of the remedies, provided for in this
Agreement and to do so in the manner provided for in this Agreement, if an Event of
Default occurs.
14. Project Assets
14.1 The Recipient shall retain title to, and ownership of any assets, the cost of which has
been contributed to by the Minister under this Agreement and shall not sell, assign,
transfer, encumber, pledge, grant a security interest or otherwise dispose of same, for
a minimum of six (6) years after the expiry or termination of this Agreement without
the prior written consent of the Minister. As a condition of such consent, the Minister
may require the Recipient to repay Her Majesty the whole or any part of the
Contribution paid to the Recipient hereunder in the following proportions:
Where Project asset is sold, transferred, Repayment of Contribution
assigned, pledged, leased, encumbered or (in current dollars)
disposed of:
Within 2 Years after Substantial Completion 100%
Between 2 and 6 Years after Substantial 55%
Completion
6 Years after Substantial Completion 0%
14.2 At any time during the six (6) years following the date the Project is Substantially
Completed, the Recipient agrees to notify the Minister in writing of any transaction
triggering the above-mentioned repayments, at least ninety (90) days in advance.
15. Miscellaneous
15.1 The Recipient represents and warrants that no member of the House of Commons or
Senate of Canada shall be admitted to any share or part of this Agreement or to any
benefit arising from it, that are not otherwise available to the general public.
15.2 The Recipient confirms that no current or fonner public servant or pnblic office
holder, to whom the Values and Ethics Code for the Public Service, the Values and
Ethics Code for the Public Sector, the Policy on Conflict of Interest and Post-
Employment or the Conflict of Interest Act applies, shall derive direct benefit from
the Agreement, including any employment, payments or gifts, unless the provision or
receipt of such benefits is in compliance with such codes and the legislation. Where
the Recipient employs or has a major shareholder, who is either a current or former
(in the last twelve (12) months) public office holder or public servant in the federal
Page 17 of36
Recipient Name: Town ofTillsonburg Project No: C0644
government, the Recipient shall demonstrate compliance with these codes and the
legislation.
15.3 The Recipient represents and warrants that:
(a) it has not paid, nor agreed to pay to any person, either directly or indirectly, a
commission, fee or other consideration that is contingent upon the execution of
this Agreement, or upon the person arranging a meeting with a public office
holder;
(b) it will not pay, nor agree to pay to any person, either directly or indirectly, any
commission, fee or other consideration that is contingent upon the person
arranging a meeting with a public office holder;
(c) it is and any persons who are or have been engaged by the Recipient to
communicate or arrange meetings with public office holders, regarding the
Project or this Agreement, are in full compliance with all requirements of the
Lobbying Act; and
(d) any persons who may be engaged by the Recipient to communicate or arrange
meetings with public office holders, regarding the Project or this Agreement,
will at all times be in full compliance with the requirements of the Lobbying
Act.
15.4 The Recipient acknowledges that the representations and warranties in this section
are fundamental terms of this Agreement. In the event of breach of these, the
Minister may exercise the remedies provided under Subsection 13.3.
16. General
16.1 Debt due to Canada. Any amount owed to Her Majesty under this Agreement shall
constitute a debt due to Her Majesty and shall be recoverable as such. Unless
otherwise specified herein, the Recipient agrees to make payment of any such debt
forthwith on demand.
16.2 Interest. Debts due to Her Majesty will accrue interest in accordance with the
Interest and Administrative Charges Regulations, in effect on the due date,
compounded monthly on overdue balances payable, from the date on which the
payment is due, until payment in full is received by Her Majesty. Any such amount
is a debt due to Her Majesty and is recoverable as such.
16.3 Set-Off. Without limiting the scope of set-off rights provided in the Financial
Administration Act, the Minister may set off against the Contribution, any amounts
owed by the Recipient to Her Majesty under legislation or contribution agreements
Page 18 of36
Recipient Name: Town ofTil\sonburg Project No: C0644
and the Recipient shall declare to the Minister all amounts outstanding in that regard,
when making any claim under this Agreement.
16.4 No Assignment of Agreement. Neither this Agreement nor any part thereof shall be
assigned by the Recipient, without the prior written consent of the Minister.
16.5 Annual Appropriation. Payment by the Minister of amounts due under this
Agreement shall be conditional on there being a legislated appropriation for the
Fiscal Year in which the payment is to be made. The Minister shall have the right to
terminate or reduce the Contribution, in the event that the amount of the
appropriation is reduced or denied by Parliament. In the event that any portion of the
Contribution has been paid to the Recipient and the legislated appropriation for the
Fiscal Year in which such payment is made is not obtained, the Minister shall have
the right to recover the amount so paid from the Recipient.
16.6 Successors and Assigns. This Agreement is binding upon the Recipient, its
successors and permitted assigns.
16.7 Confidentiality. Subject to the Access to Information Act (Canada), the Privacy Act,
the Library and Archives Act of Canada and Section 9.0 of this Agreement, the
Parties shall keep confidential and shall not disclose the contents of this Agreement
or the transactions contemplated hereby, without the consent of all Parties.
16.8 Governing Law. This Agreement shall be subject to and construed in accordance
with the laws of the Province of Ontario and the laws of Canada applicable therein.
16.9 Dispute Resolution. If a dispute arises concerning the application or interpretation
of this Agreement, the Parties shall attempt to resolve the matter through good faith
negotiation, and may, if necessary and the Parties consent in writing, resolve the
matter through mediation or by arbitration, by a mutually acceptable mediator or
arbitrator in accordance with the Commercial Arbitration Code set out in the
schedule to the Commercial Arbitration Act (Canada), and all regulations made
pursuant to that Act.
16.10 No Amendment. No amendment to this Agreement shall be effective unless it is
made in writing and signed by the Parties hereto.
16.11 No Agency. No provision of this Agreement or action by the Parties will establish or
be deemed to establish any partnership, joint venture, principal-agent or employer-
employee relationship in any way, or for any purpose, between Her Majesty and the
Recipient, or between Her Majesty and a third party. The Recipient is not in any
way authorized to make a promise, agreement or contract and to incur any liability
on behalf of Her Majesty, nor shall the Recipient make a promise, agreement or
contract and incur any liability on behalf of Her Majesty, and shall be solely
responsible for any and all payments and deductions, required by the applicable laws.
Page 19 of36
Recipient Name: Town ofTillsonburg Project No: C0644
16.12 No Waiver. Any tolerance or indulgence demonstrated by one Party to the other, or
any partial or limited exercise of rights conferred on a Party, shall not constitute a
waiver of rights, and unless expressly waived in writing the Parties shall be entitled
to exercise any right and to seek any remedy, available under this Agreement or
otherwise at law. Either Party may, by notice in writing, waive any of its rights
under this Agreement.
16.13 Public Dissemination. All reports and other information that the Minister collects,
manages or has a right to receive or produce in accordance with this Agreement, or
that the Recipient collects, creates, manages and shares with the Minister, shall be
deemed to be "Canada Information". The Minister shall have the right, subject to the
provisions of the Access to Information Act, to release to the public, table before
Parliament, or publish by any means, any Canada Infonnation, including such
excerpts or summaries of the Canada Infonnation as he may, from time to time,
decide to make.
16.14 No conflict of interest. The Recipient and its consultants and any of their
respective advisors, partners, directors, officers, shareholders, employees, agents
and volunteers shall not engage in any activity where such activity creates a real,
apparent or potential conflict of interest in the sole opinion of the Minister, with the
carrying out of the Project. For greater certainty, and without limiting the
generality of the foregoing, a conflict of interest includes a situation where anyone
associated with the Recipient owns or has an interest in an organization that is
carrying out work related to the Project.
16.15 Disclose potential conflict of interest. The Recipient shall disclose to the Minister
without delay any actual or potential situation that may be reasonably interpreted as
either a conflict of interest or a potential conflict of interest.
16.16 Severability. If for any reason a provision of this Agreement that is not a
fundamental term of the agreement between the Parties is found to be or becomes
invalid or unenforceable, whether in whole or in part, such provision or part thereof
declared invalid or unenforceable shall be deemed to be severable and shall be
deleted from this Agreement and all remaining tenns and conditions of this
Agreement will continue to be valid and enforceable.
17. Notice
17.1 Any notice, infonnation or document required under this Agreement shall be
effectively given, if delivered or sent by letter or facsimile (postage or other charges
prepaid). Any notice that is delivered shall be deemed to have been received on
delivery; any notice sent by facsimile shall be deemed to have been received one (I)
working day after being sent, any notice that is mailed shall be deemed to have been
received eight (8) calendar days after being mailed.
17.2 Any notice or correspondence to the Minister shall be addressed to:
Page 20 of36
Recipient Name: Town ofTiilsonburg
Federal Economic Development Agency for Southern Ontario
151 Yonge Street, 3'd Floor
Toronto, ON MSC 2W7
Attention: Community Infrastructure Improvement Fund
or to such other address, as is designated by the Agency in writing.
17.3 Any notice or correspondence to the Recipient shall be addressed to:
200 Broadway
Tillsonburg, ON N4G SA 7
Project No: C0644
17.4 Each of the Parties may change the address, which they have stipulated in this
Agreement by notifying in writing the other party of the new address, and such
change shall be deemed to take effect fifteen (15) calendar days after receipt of such
notice.
18. Special Conditions
18.1 As a condition precedent to initial disbursement, the Recipient agrees to provide the
Minister an officer's certificate executed by an officer of the Recipient in the fonn
prescribed by the Minister which includes certified copies of the Recipient's
constating documents, by-laws and the resolution authorising the entering into of
this Agreement.
Pagc21 of36
Recipient Name: Town ofTillsonburg Project No: C0644
19. Acceptance
The Recipient agrees that unless the Minister receives a duly executed duplicate copy
of this Agreement within thirty (30) calendar days of the date of execution by the
Minister, this Agreement is revocable at the discretion of the Minister.
IN WITNESS WHEREOF the Parties hereto have executed this Agreement through
authorized representatives.
Project No.:C0644
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Per:
Federal Economic Development Agency
for Southern Ontario
RECIPIENT
I have authority to bind the Recipient.
Per:~G-ISo "'"--e>.... w ll.)"--Clit-E
\5\.1 Lo.t-v '3Lt2 ar ~
I have authority to bind the Recipient.
Page 22 of 36
Date:
Date: O t-/ j -7..J) 13
Recipient Name: Town ofTillsonburg Project No: C0644
Annex 1
COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND
STATEMENT OF WORK
Recipient: Town of Tillson burg
Project Title: Revitalization of Lake Lis gar
Project Location: 40 Concession Street East; Lake Lis gar, Tillsonburg N4G 3Y9
PROJECT DESCRIPTION:
Upgrade and improve Gibson House and Lake Lis gar for recreational purposes. The works
will include:
• New energy-efficient lighting and windows;
• Repair of building foundation;
• Parking lot safety and accessibility improvements;
• Infrastructure repair of part of the Trans Canada Trail;
• Extension of public lake walkway;
• Wheelchair accessibility and safety improvements to public scenic landings;
• Provision of safe lake access and landings;
• Upgrade booms and netting.
Estimated date of commencement: 2013-04-01
Estimated date of Substantial Completion: 2014-03-31
FEDERAL CONTRIBUTION BY FISCAL YEAR
2012/2013 2013/2014 Total
$0 $56,250 $56,250
Page 23 of36
Recipient Name: Town ofTillsonburg Project No: C0644
PROJECT COSTS AND FINANCING:
CAPITAL
Eligible Costs
Costs Amount
Planning/Design/ Engineering $5,063
Repair/Constmction $101,250
Project Management $0
Other $0
Contingency $6,187
$0
Total Eligible Costs (TEC) $112,500
Financing Amount %TEC
FcdDev Contribution $56,250 50%
Other Federal Contribution so 0.0%
Recipient Contribution $56,250 50%
Other (specify source) $0 0.0%
Other (specify source) $0 0.0%
$0 0.0%
Sub-Total Financing TEC Sll2,500 100.0%
Ineligible Components
STACKING LIMITS
STACKING-CAPITAL
Total Eligible Costs $112,500
Total Government Contributions $112,500
Estimated Investment Tax Credits $0
Contribution subject to Stacking% $112,500
Stacking% 100%
Stacking Limit 100%
Please Note:
1) Eligible Costs include the amount of the harmonized sales tax (HST), net of
any refund or eligible credits due from the Canada Revenue Agency
2) The list of ineligible components shown is not exhaustive. For more
information on ineligible costs, see Annex 3.
Page 24 of 36
Recipient Name: Town ofTillsonburg Project No: C0644
Annex 2
COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND
ENVIRONMENTAL MITIGATION MEASURES
Recipient: Town of Tillson burg
Project Number: C0644
Project Location: 40 Concession Street East; Lake Lis gar
Tillsonburg, N4G 3Y9
Not applicable.
Page 25 of36
Recipient Name: Town ofTillsonburg Project No: C0644
Annex 3
COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND
COSTING GUIDELINE MEMORANDUM
1.0 General Conditions
1.1 Costs are Eligible Costs for the purposes of this Agreement only if they are, in the
opinion of the Minister,
(a) directly related to the intent of the Project,
(b) reasonable,
(c) appear in Annex 1 -Statement of Work,
(d) incurred in respect of activities, which are incremental to the usual activities of
the Recipient, and
(e) constitute Eligible Costs as defined in Section 2.0 of this Annex.
1.2 Costs submitted for reimbursement must be net of any refund or eligible tax credits
(including HST). In order to have the HST approved as an Eligible Cost, the
Recipient will be required to provide documentation verifying the organization's
status under the relevant tax legislation.
2.0 Eligible Costs
Eligible Costs may only include the following:
a) project costs incurred and paid between the Eligibility Date and the Program
Completion Date;
b) fees paid to professionals, technical personnel, consultants and contractors
specifically engaged for the purpose of the Project;
c) costs of environmental assessments, mitigation measures, monitoring, and
follow-up programs as required by the Canadian Environmental Assessment
Act, 2012 or equivalent legislation;
d) costs of any public announcement and official ceremony, or of any temporary or
permanent signage as further described in Subsection 2.2 below;
Page 26 of36
Recipient Name: Town ofTillsonburg Project No: C0644
e) other costs that are considered to be direct and necessary for the successful
implementation of the Project and that have been approved in advance, and in
writing, by the Minister; and
f) for Local Governments and First Nations government, incremental costs listed
in Subsection 2.1 below.
2.1 Employee, Material and Equipment costs
While these costs are not nonnally eligible for reimbursement, the incremental costs
of the Recipient's employees, materials or equipment may be included in its
Eligible Costs under the following conditions:
a) the Recipient is a Local Government or a First Nation's government; and
b) the Recipient satisfies the Minister that it is not economically feasible to tender
a contract; and
c) employees, material or equipment are employed directly in respect of the work
that would have been the subject of the contract; and
d) costs are approved in advance and in writing by the Minister, and are included
in Annex I-Statement of Work.
2.2 Communications
a) For the purposes of events, Eligible Costs include the following:
• Printing and mailing invitations
• Light refreshments, such as coffee, tea, juice, donuts, muffins, snacks
• Project material for display and/or media kit
• Signage
• Rentals such as: flagpoles, stage, chairs, podium, PA system
b) For the purposes of Project signage, Eligible Costs include reasonable costs
incurred to produce a small, medium or large interior/exterior sign.
3.0 Ineligible Costs
Costs related to the following items are ineligible costs:
a) Project Costs incurred before the Eligibility Date and after Program Completion
Date;
b) services or works that, in the opinion of Canada, are nonnally provided by the
Recipient or a related party;
c) salaries and other employment benefits of any employees of the Recipient except
as indicated in Subsection 2.1 above;
Page 27 of36
Recipient Name: Town ofTillsonburg Project No: C0644
d) the Recipient's overhead costs, its direct or indirect operating or administrative
costs, and more specifically, its costs related to planning, engineering,
architecture, supervision, management and other activities normally carried out
by its staff;
e) fees for administrators, including payments to any member or officer of the
Recipient's Board of Directors;
f) cost of feasibility and planning studies;
g) taxes for which the Recipient is eligible for a tax rebate and all other costs
eligible for rebates;
h) any loan interest or other finance charges;
i) cost of land or any interest therein (including easements), and related costs;
j) legal fees;
k) moveable equipment, including motorized vehicles such as ice resurfacing
machines, snow groomers, and A TV's;
I) the value of any goods and services which are received through donations or in
kind;
m) costs for food and entertainment except as indicated in Subsection 2.2 above; and
n) for the purposes of communications events, Ineligible Costs include the
following: alcoholic beverages, china, waiters, guest mileage or transportation,
wine glasses, lamps, tea wagons, plants, gifts, and honorariums.
Page 28 of36
Recipient Name: Town ofTillsonburg Project No: C0644
Annex 4
COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND
DIRECT DEPOSIT AUTHORIZATION
1+1 Federal Economic Development
Agency for Southern Ontario
Recipient Name:
FEDDEV Project Number:
Direct Deposit:
Agence federate de developpernent
economique pour le Sud de I'Ontario C-anada
Progress and final disbursements of assistance can be deposited directly in below-mentioned bank
account. Do you wish to take advantage of this service?
No Yes If yes, please provide an Accounts Receivable:
Contact name:
Telephone Number:
Email Address:
Name of Account Holder(s) (If different from above)
Please attach a voided cheque. lfyou are not providing a voided cheque, please have the following
completed and confirmed by your financial institution:
Branch No.: ------Institution No.: ______ _
Account No.:
Name(s) of Account Holder(s):
Financial Institution:
Address:
Telephone No.:
If 1/we have checked YES for the Direct Deposit Service, 1/we hereby authorize the Federal Economic
Development Agency for Southern Ontario to credit the bank account identified above.
RECIPIENT
Signature of Authorized Signing Officer(s) Date
Page 29 of36
Recipient Name: Town ofTillsonburg
COMMUNITY
INFRASTRUCTURE IMPROVEMENT FUND
PROGRESS REPORT
Project No: C0644
Annex 5
All claim submissions for the Project must include a completed copy of this form.
Recipient Name:---------------~
Project Number: ___ _
Claim Number:
Please answer the following with each report Yes No Explanation
I. Are all aspects of the Project activity on schedule? D D
2. Will the Project be complete on or before the
estimated date of substantial completion stated in D D
Annex 1 of your agreement?
3. Is the cash flow forecast in Annex I of your D D agreement still accurate?
4. Has there been any change to the scope of work
since your last progress report? If yes, please D D
provide an explanation.
5. Would a discussion with an Agency D D representative be beneficial now?
6. Percentage of repair I construction work
completed as of this submission: %
7. Date of sign installation:
The Recipient confinns that the above information is complete, true and correct; and
reiterates and confirms the representations made in Subsection 8.1 of the Contribution
Agreement as of the date hereof.
RECIPIENT
Per: Date: -----
Page 30 of36
Recipient Name: Town ofTillsonburg Project No: C0644
Annex 6
COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND
Final Review Form
Final submission for the Project must include this fonn as well as a copy of the Community
Infrastructure Improvement Fund (CIIF) Final Report and the Statement of Total
Government Assistance.
Recipient Name: _______________ _
Project Number: ___ _
Please complete all sections.
A. Project Summary
I. The Project was Substantially Completed on ____________ _
(Date)
2. Has your CIIF Project experienced any variances either in project scope, budget or
schedule? Yes No ----
If Yes, please provide details:
3. Have all costs claimed been paid to the suppliers? Yes No __ _
If no, please provide details:
4. Have all costs been claimed at actual ann's length cost or at fair market value, net of any
refunds or other consideration provided by any supplier?
Yes No ----
5. Are there any present or potential liens or claims known to you, which could put the
ownership of Project assets at risk? Yes No ____ _
If yes, who is this party? ____________________ _
Page 31 of36
Recipient Name: Town ofTillsonburg Project No: C0644
6. Is the Project in compliance with environment protection measures, which satisfy the
requirements of all regulatory bodies of appropriate jurisdiction?
Yes No ____ _
7. Have all special and general conditions stated m the Contribution Agreement been
satisfied? Yes No ----
8. Have you disposed of, leased to other parties or ceased to use in the operation any
Project assets?
Yes No __________ __
9. Have you spent the entire Contribution amount approved? Yes No
B. Project Benefits
Provide a detailed description of the benefits arising from the Project.
Benefits to the Community:
Economic Impact (additional economic activity, spin off impacts for community):
Any other relevant information:
Page 32 of36
Recipient Name: Town ofTillsonburg Project No: C0644
C. Communication Requirements
Please confirm that the signage requirements have been met:
D Appropriate Sign installed
D. Project Certification
I, of the Recipient, certify that I have
examined the Community Infrastructure Improvement Fund Contribution Agreement for
the above Project and that the above responses are true and CO!Tect.
Name: Date
Title:
Ensure the following documents are included with this report:
Final Report
Statement of Total Government Assistance
Page 33 of 36
Recipient Name: Town ofTillsonburg Project No: C0644
Annex 7
COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND
Final Report I Rapport Final
.A-.o.• .._ -.& .......................................... , .& .............. ..._ ..................... ~ ............ ·-.......... -··---~· --~-~-· ' -~-~ ~-~-~------· .. ~--
!Recipient/Beneficiaire !Name/Nom pate/Date
!File Number/Numero de dossier rritle!Titre
~roject Name/Nom du projet certify that the named project has been completed in accordance with the federal
greement and that, where applicable, all identified environmental mitigation measures have been
atisfactorily addressed and that supporting invoices and records are available for audit, if required.
Eligible Project Cost/Coiit admissible du projet
'affirme par la presente que le projet nomme a ete tennille conformetnent a l'accord federale
$0.00 t que, le cas echeant, toutes les mesures d'attenuation environnernentales nommees ont ete
Total Project Cost/Cout total du projet d.ressees de facon acceptables et que les factures et documents d'appui sont disponibles a des
fins de verification.
$0.00 Signature/Signature :
~ ----~ ----~-----~----------· ~ ------f• -----------------------
Breakdown of Project Costs I Repartition des coftts du projet
Planning, Design, Engineering I Planification, Gross Project Total I I
I !conception et ingenerie $0.0( Pro.iet Brut Total $0.00
!Repair, construction I Reparation, construction
$0.0(
Less H.S.T. Rebate I Moins
I emboursement de Ia T.V.H. $0.00
!Project Management I Gestion de projet Net Project Total!
I $0.00 IProjet Net Total $0.00
!Miscellaneous I Divers !Project Start Date I
I $0.0C !Date du debut du projet
H.S.T. I T.V.H. ~roject Completion Date I
$0.0( !Date de Ia fin du projet I
Page 34 of36
Recipient Name: Town ofTil\sonburg Project No: C0644
Annex 8
COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND
Statement of Total Government Assistance
Recipient
File Number
Approved Eligible Costs
Fundine Sources
Federal (CIIF)
Recipient
Other Sources of Funds/Revenue
TOTAL
Amount
$
$
$
$
$
$
$
I hereby certify that the above summary of eligible costs includes only costs paid and
properly chargeable to CIIF; the amounts listed in "Other Sources of Funds I Revenue"
represents all provincial and federal funding (with exception of the CIIF funding) and any
contribution from developers or other sources received or receivable, applicable to the
above project.
Name, Title:
Si2nature:
Date:
Page 35 of36
Recipient Name: Town ofTillsonburg Project No: C0644
Annex 9
ABORIGINAL CONSULTATION PROTOCOL
1.0 Definitions
For the purposes of this Annex:
"Aboriginal Communities" includes the Indian, Inuit and the Metis peoples of Canada or
any other group that has legally been recognized as holding Aboriginal or treaty rights
under section 35 of the Constitution Act, 1982.
2.0 Responsibilities of the Recipient
2.1 The Recipient shall immediately notify the Agency:
(i) of contact by any Aboriginal Communities regarding the Project; or
(ii) if any Aboriginal archaeological resources are discovered in the course of the
Project,
and in either case, the Agency may direct the Recipient to take such actions, including
without limitation suspension of the Project, as the Agency may require. The Recipient
shall comply with the Agency's direction.
2.2 The Recipient shall provide in any contracts with third parties for the Recipient's
right and ability to respond to direction from the Agency as the Agency may provide
in accordance with Subsection 2.1.
Page 36 of36