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