4326 Schedule ATHIS TRANSFER PAYMENT AGREEMENT for the Community Transportation Grant
Program (the "Agreement") is effective as of the Effective Date (both "Agreement" and
"Effective Date" as defined in section A 1.2 (Definitions)).
BETWEEN:
BACKGROUND:
Her Majesty the Queen in right of Ontario as represented by the
Minister of Transportation for the Province of Ontario
(the "Province")
-and -
The Corporation of the Town of Tillsonburg
(the "Recipient")
The Province has established the Community Transportation Grant Program (the
"Program") to fund municipalities to plan, implement and operate intercommunity and
local transportation projects.
The Recipient has applied to the Province for funds to assist the Recipient in carrying
out the intercommunity or local transportation project(s), or both, as described in the
Agreement and the Province wishes to provide such funds.
The Agreement sets out the terms and conditions upon which the Province has agreed
to provide funds, up to the Maximum Funds (as defined in section A1 .2 (Definitions)), to
the Recipient for the purpose of carrying out the Project (as defined in section A 1.2
(Definitions)) and upon which the Recipient has agreed to carry out the Project.
CONSIDERATION:
In consideration of the mutual covenants and agreements contained in the Agreement
and for other good and valuable consideration, the receipt and sufficiency of which are
expressly acknowledged, the Province and the Recipient agree as follows:
Town of Tillsonburg and Ontario CTGP TPA
-,
1.0 ENTIRE AGREEMENT
1.1 Entire Agreement. The Agreement, including:
2.0
2.1
Schedule "A" -General Terms and Conditions
Schedule "B" -Project Specific Information
Schedule "C" -Project Description, Budget and Timelines
Sub-schedule "C.1" -Project Description
Sub-schedule "C.2" -Project Budget
Sub-schedule "C.3" -Project Timelines
Schedule "D" -Eligible Expenditures and Ineligible Expenditures
Schedule "E" -Claim and Payment Procedures
Sub-schedule "E.1" -Payment Plan for Milestones and Reporting
Schedule
Schedule "F" -Reporting and Compliance Audit
Sub-schedule "F.1" -Project Status Report
Sub-schedule "F.2" -Interim and Final Financial Reports
Sub-schedule "F.3" -Project Performance Reports
Sub-schedule "F.4" -Service Sustainability Plan
Schedule "G" -Communications Protocol
Schedule "H" -Disposal of Vehicles Acquired with Funds, and
any amending agreement entered into as provided for in section 4.1
(Amendments),
constitutes the entire agreement between the Parties (as defined in section A 1.2
(Definitions)) with respect to the subject matter contained in the Agreement and
supersedes all prior oral or written representations and agreements.
CONFLICT OR INCONSISTENCY
Conflict or Inconsistency. In the event of a conflict or inconsistency between
any of the requirements of:
(a) Schedule "A" (General Terms and Conditions) and any of the
requirements of another schedule or a sub-schedule, Schedule "A"
(General Terms and Conditions) will prevail to the extent of the
inconsistency; or
(b) a schedule and any of the requirements of a sub-schedule, the schedule
will prevail to the extent of the inconsistency.
Town of Tillsonburg and Ontario CTGP TPA
3.0 COUNTERPARTS
3.1 Counterparts. The Agreement may be executed in any number of counterparts,
each of which will be deemed an original, but all of which together will constitute
one and the same instrument.
4.0 AMENDING THE AGREEMENT
4.1 Amendments. The Agreement may only be amended by a written agreement.
4.2 Execution of Amending Agreements. An amending agreement under section
4.1 (Amendments) must be executed by the respective representatives of the
Parties listed on the signature page below.
4.3 Execution of Amending Agreements -Exceptions. Despite section 4.2
(Execution of Amending Agreements), an amending agreement under section 4.1
(Amendments) for amendments to one or more of the following:
(a) the definitions for the following terms in Schedule "A" (General Terms and
Conditions):
(i) "Completion Date"; and
(ii) "Expiry Date"; and
(b) Schedules "C" (Project Description, Budget and Timelines) to "F"
(Reporting and Compliance Audit), each respectively, and any of their
respective sub-schedules;
may be executed by the respective authorized representatives of the Parties
listed .in Schedule "B" (Project Specific Information) for the purpose of such
amendments.
5.0 ACKNOWLEDGEMENT
5.1 Acknowledgement. The Recipient acknowledges that:
(a) by receiving Funds (as defined in section A 1.2 (Definitions)), it may
become subject to legislation applicable to organizations that receive
funding from the Government of Ontario, including the Broader Public
Sector Accountability Act, 2010 (Ontario), the Public Sector Salary
Disclosure Act, 1996 (Ontario), and the Auditor General Act (Ontario);
Town of Tillsonburg and Ontario CTGP TPA
(b) Her Majesty the Queen in right of Ontario has issued expenses,
perquisites, and procurement directives and guidelines pursuant to the
Broader Public Sector Accountability Act, 2010 (Ontario);
(c) the Funds are:
(i) to assist the Recipient to carry out the Project and not to provide
goods or services to the Province;
(ii) funding for the purposes of the Public Sector Salary Disclosure Act,
1996 (Ontario);
(d) the Province is not responsible for carrying out the Project; and
(e) the Province is bound by the Freedom of Information and Protection of
Privacy Act (Ontario) and that any information provided to the Province in
connection with the Project or otherwise in connection with the Agreement
may be subject to disclosure in accordance with that Act.
5.2 MFIPPA. The Province acknowledges that the Recipient is bound by the
Municipal Freedom of Information and Protection of Privacy Act (Ontario) and
that any information provided to the Recipient in connection with the Project or
otherwise in connection with the Agreement may be subject to disclosure in
accordance with that Act.
-SIGNATURE PAGE FOLLOWS -
Town of Tillsonburg and Ontario CTGP TPA
The Parties have executed the Agreement on the dates set out below.
Date
/}uy15/ /;f,,f)Ot 'f
Date
4rd/J, ,jl()! 9
Oat
HER MAJESTY THE QU E EN IN RIGHT OF
ONTARIO as represented by the Minister of
Transportation for the Province of Ontario
Name : Caroline Mulroney
Title: Minister
THE CORPORATION OF THE TOWN OF
TILLSON BURG
Title: Mayor
I have authority to bind the Recipient.
Name: Lana White
Title: Deputy Clerk
I have authority to bind the Recipient.
Town of Tlllsonburg and Ontario CTGP TPA
SCHEDULE "A"
GENERAL TERMS AND CONDITIONS
A1.0 INTERPRETATION AND DEFINITIONS
A1 .1 Interpretation. For the purposes of interpretation:
(a) words in the singular include the plural and vice-versa;
(b) words in one gender include all genders;
(c) the background and the headings do not form part of the Agreement; they
are for reference only and will not affect the interpretation of the
Agreement;
(d) any reference to dollars or currency will be in Canadian dollars and
currency; and
(e) all accounting terms not otherwise defined in the Agreement have their
ordinary meanings.
A 1.2 Definitions. In the Agreement, the following terms will have the following
meanings:
"Agreement" means this Agreement, entered into between the Province and the
Recipient, all of the schedules and sub-schedules listed in section 1.1 (Entire
Agreement), and any amending agreement entered into pursuant to section 4.1
(Amendments).
"Authorities" means any government authority, agency, body or department,
whether federal, provincial or municipal, having or claiming jurisdiction over the
Agreement or the Project, or both.
"Budget" means the budget set out in Sub-schedule "C.2" (Project Budget).
"Business Day" means any working day, Monday to Friday inclusive, excluding
statutory and other holidays, namely: New Year's Day; Family Day; Good Friday;
Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day;
Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any
other day on which the Province has elected to be closed for business.
"Completion Date" means March 31, 2023.
"Contract" means a contract between the Recipient and a Third Party whereby
the Third Party agrees to supply goods or services, or both, for the Project in
return for financial consideration.
Town of Tillsonburg and Ontario CTGP TPA
"Effective Date" means the date of signature by the last signing Party to the
Agreement.
"Eligible Expenditures" means the costs of the Project that are eligible for
funding by the Province under the Agreement, and that are further described in
Schedule "D" (Eligible Expenditures and Ineligible Expenditures).
"Event of Default" has the meaning ascribed to it in section A 13.1 (Events of
Default).
"Expiry Date" means September 30, 2023.
"Funding Year" means:
(a) in the case of the first Funding Year, the period commencing on April 30,
2018 and ending on the following March 31; and
(b) in the case of Funding Years subsequent to the first Funding Year, the
period commencing on April 1 following the end of the previous Funding
Year and ending on the following March 31.
"Funds" means the money the Province provides to the Recipient pursuant to
the Agreement.
"Indemnified Parties" means Her Majesty the Queen in right of Ontario, Her
ministers, agents, appointees and employees.
"lntercommunity Project" means an intercommunity project as described in
paragraph C.1.1.2 (a).
"Local Project" means a local project as described in paragraph C.1.1.2 (b).
"Material Adverse Effect" means a material adverse effect on one or more of
the following:
(a) the Project; and
(b) the business, assets, operations or financial condition of the Recipient.
"Maximum Funds" means the maximum Funds set out in Schedule "B" (Project
Specific Information).
"Notice" means any communication given or required to be given pursuant to
the Agreement.
Town of Tillsonburg and Ontario CTGP TPA
"Notice Period" means the period of time within which the Recipient is required
to remedy an Event of Default, pursuant to paragraph A13.3(b), and includes any
such period or periods of time by which the Province extends that time in
accordance with section A13.4 (Recipient not Remedying).
"Parties" means the Province and the Recipient.
"Party" means either the Province or the Recipient.
"Program" means the Community Transportation Grant Program the Province
has established to provide municipalities with the Funds.
"Project" means the undertaking described in Schedule "C" (Project Description,
Budget and Timelines).
"Reports" means the reports described in Schedule "F" (Reporting and
Compliance Audit).
"Requirements of Law" means all applicable requirements, laws, statutes,
codes, acts, ordinances, approvals, orders, decrees, injunctions, by-laws, rules,
regulations, official plans, permits, licences, authorizations, directions, and
agreements with all Authorities.
"Term" means the period of time described in section A3.1 (Term).
"Third Party" means any legal entity, other than a Party, who supplies goods or
services, or both, to the Recipient for the Project.
"Timelines" means the Project timelines set out in Sub-schedule "C.3" (Project
Timelines).
A2.0 REPRESENTATIONS, WARRANTIES AND COVENANTS
A2.1 General. The Recipient represents, warrants and covenants that:
(a) it is, and will continue to be, a validly existing legal entity with full power to
fulfill its obligations under the Agreement;
(b) it has, and will continue to have, the experience and expertise necessary
to carry out the Project;
(c) it is in compliance with, and will continue to comply with, all Requirements
of Law related to any aspect of the Project, the Funds, or both;
Town of Tillsonburg and Ontario CTGP TPA
(d) unless otherwise provided for in the Agreement, any information the
Recipient provided to the Province in support of its request for funds
including, without limitation, information relating to any eligibility
requirements, the Project, Budget and Timelines was true and complete at
the time the Recipient provided it and will continue to be true and
complete;
(e) there are no actions, suits or proceedings pending or, to the knowledge of
the Recipient, threatened, which would reasonably be expected to have a
Material Adverse Effect; and
(f) each of the material agreements to which the Recipient is a party
(including leases) is in good standing in all material respects and in full
force and effect, and no breach of such agreements has occurred by the
Recipient or, to the Recipient's knowledge, any of the other parties to such
agreements which could reasonably be expected to have a Material
Adverse Effect.
A2.2 Execution of Agreement. The Recipient represents and warrants that it has:
(a) the full power and authority to enter into the Agreement; and
(b) taken all necessary actions to authorize the execution of the Agreement.
A2.3 Governance. The Recipient represents, warrants and covenants that it has, will
maintain, in writing, and will follow:
(a) a code of conduct and ethical responsibilities for all persons at all levels of
the Recipient's organization;
(b) procedures to enable the Recipient's ongoing effective functioning;
(c) decision-making mechanisms for the Recipient;
(d) procedures to enable the Recipient to manage the Funds prudently and
effectively;
(e) procedures to enable the Recipient to complete the Project successfully;
(f) procedures to enable the Recipient to identify risks to the completion of
the Project, and strategies to address the identified risks, all in a timely
manner;
(g) procedures to enable the preparation and submission of all Reports
required pursuant to Article A7.0 (Reporting, Accounting and Review); and
Town of Tillsonburg and Ontario CTGP TPA
(h) procedures to enable the Recipient to address such other matters as the
Recipient considers necessary to carry out its obligations under the
Agreement.
A2.4 Supporting Proof. Upon request of the Province and within the timelines set out
in the request, the Recipient will provide the Province with proof of the matters
referred to in this Article A2.0 (Representations, Warranties and Covenants).
A3.0 TERM OF THE AGREEMENT
A3.1 Term. The term of the Agreement will commence on the Effective Date and will
expire on the Expiry Date unless terminated earlier pursuant to Article A11.0
(Termination on Notice), Article A12.0 (Termination Where No Appropriation or
Reduced Ministerial Funding Levels), or Article A13.0 (Event of Default,
Corrective Action, and Termination for Default).
A4.0 FUNDS AND CARRYING OUT THE PROJECT
A4.1 Funds Provided. The Province will:
(a) provide the Recipient up to the Maximum Funds for the purpose of
carrying out the Project;
(b) provide the Funds to the Recipient in accordance with the payment
procedures provided for in Schedule "E" (Claim and Payment
Procedures); and
(c) deposit the Funds into an account designated by the Recipient provided
that the account:
(i) resides at a Canadian financial institution; and
(ii) is in the name of the Recipient.
A4.2 Limitation on Payment of Funds. Despite section A4.1 (Funds Provided):
(a) the Province is not obligated to provide any Funds to the Recipient until
the Recipient provides the certificates of insurance or other proof as the
Province may request pursuant to section A10.2 (Proof of Insurance);
(b) the Province is not obligated to provide instalments of Funds until it is
satisfied with the progress of the Project;
Town of Tillsonburg and Ontario CTGP TPA
(c) the Province may adjust the amount of Funds it provides to the Recipient
in any Funding Year based upon the Province's assessment of the
information the Recipient provides to the Province pursuant to section
A7.1 (Preparation and Submission);
(d) if, pursuant to the Financial Administration Act (Ontario), the Province
does not receive the necessary appropriation from the Ontario Legislature
for payment under the Agreement, or ministerial funding levels in respect
of transfer payments are reduced, the Province is not obligated to make
any such payment, and, as a consequence, the Province may:
(i) reduce the amount of Funds and, in consultation with the Recipient,
change the Project or Budget, or both; or
(ii) terminate the Agreement pursuant to section A12.1 (Termination
Where No Appropriation or Reduced Ministerial Funding Levels);
and
(e) the Province is not obligated to provide any Funds to the Recipient until
the Recipient provides the Province with a copy of the Recipient's by-
law(s) and, if applicable, resolution(s), authorizing it to enter into the
Agreement and designating the Recipient's signing officer for the
Agreement.
A4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the
following:
(a) carry out or ensure the Project is carried out in accordance with the
Agreement;
(b) use the Funds only for the purpose of carrying out the Project;
(c) spend the Funds only for Eligible Expenditures and in accordance with the
Budget; and
(d) not use the Funds to cover any Eligible Expenditure that has or will be
funded or reimbursed by one or more of any third party, including any level
of government, or ministry, agency, or organization of the Government of
Ontario, other than the Province pursuant to the Agreement.
A4.4 Interest Bearing Account. If the Province provides Funds before the
Recipient's immediate need for the Funds, the Recipient will place the Funds in
an interest bearing account in the name of the Recipient at a Canadian financial
institution.
Town of Tillsonburg and Ontario CTGP TPA
A4.5 Interest. If the Recipient earns any interest on the Funds, the Province may:
(a) deduct an amount equal to the interest from any further instalments of
Funds; or
(b) demand from the Recipient the repayment of an amount equal to the
interest.
A4.6 Rebates, Credits and Refunds. The Province will calculate Funds based on the
actual Eligible Expenditures to the Recipient to carry out the Project, less any
costs (including taxes) for which the Recipient has received, will receive, or is
eligible to receive, a rebate, credit or refund.
A4.7 Recipient's Acknowledgement of Responsibility for Project. The Recipient
will assume full responsibility for the Project including, without limitation:
(a) complete, diligent and timely project implementation within the costs and
timelines specified in the Agreement and in accordance with all other
terms and conditions of the Agreement;
(b) the entire costs of the Project including, without limitation, overruns if any;
(c) subsequent operation, maintenance, repair, rehabilitation, demolition or
reconstruction, as required and as per appropriate standards, and any
related costs for the full lifecycle of the Project; and
(d) undertaking, or causing to be undertaken, any engineering and
construction work in accordance with industry standards.
A4.8 Disclosure of Other Financial Assistance and Adjustments. The Recipient
will inform the Province promptly of any financial assistance received for the
Project from sources other than the Province pursuant to the Agreement. Upon
receipt of such information, the Province may take one or more of the following
actions:
(a) reduce the Funds in; or
(b) demand from the Recipient the payment of
an amount no greater than the aggregate amount of the financial assistance
received from the other sources, up to the Funds.
A4.9 Inability to Complete the Project. If, at any time during the Term, the Recipient
determines that it will not be possible for it to complete the Project for any
reason, including, without limitation, lack of funding available for the Project (the
"Issue"), the Recipient will immediately notify the Province of that determination
Town of Tillsonburg and Ontario CTGP TPA
and provide the Province with a summary of the measures the Recipient
proposes to remedy the Issue. If the Province is not satisfied that the measures
proposed will be adequate to remedy the Issue, then the Province may initiate
any one or more of the actions provided for in section A 13.2 (Consequences of
Events of Default and Corrective Action).
A5.0 RECIPIENT'S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF
VEHICLES ACQUIRED WITH FUNDS
A5.1 Acquisition. If the Recipient acquires goods or services, or both, with the
Funds, it will:
(a) do so through a process that promotes the best value for money; and
(b) comply with the Broader Public Sector Accountability Act, 2010 (Ontario),
including any procurement directive issued thereunder, to the extent
applicable.
A5.2 Disposal. The Recipient will not, without the Province's prior written consent,
sell, lease or otherwise dispose of any vehicle acquired with Funds other than in
accordance with the terms and conditions set out in Schedule "H" (Disposal of
Vehicles Acquired with Funds).
A5.3 Contract Provisions. The Recipient will ensure that all Contracts are consistent
with and incorporate the relevant provisions of the Agreement. More specifically
but without limiting the generality of the foregoing, the Recipient agrees to
include provisions in all Contracts to:
(a) ensure that proper and accurate accounts and records are kept and
maintained as required under the Agreement;
(b) ensure compliance with all applicable Requirements of Law including,
without limitation, labour and human rights legislation; and
(c) secure the rights of the Province described in section A7.7 (Inspection and
Audit of Contracts).
A6.0 CONFLICT OF INTEREST AND RELATED PARTIES
A6.1 No Conflict of Interest. The Recipient will carry out the Project and use the
Funds without an actual, potential or perceived conflict of interest.
Town of Tillsonburg and Ontario CTGP TPA
A6.2 Conflict of Interest Includes. For the purposes of this Article A6.0 (Conflict of
Interest and Related Parties), a conflict of interest includes any circumstances
where:
(a) the Recipient; or
(b) any person who has the capacity to influence the Recipient's decisions,
has outside commitments, relationships or financial interests that could, or could
be seen to, interfere with the Recipient's objective, unbiased and impartial
judgment relating to the Project, the use of the Funds, or both.
A6.3 Disclosure to Province. The Recipient will:
(a) disclose to the Province, without delay, any situation that a reasonable
person would interpret as an actual, potential or perceived conflict of
interest; and
(b) comply with any terms and conditions that the Province may prescribe as a
result of the disclosure.
A7.0 REPORTING, ACCOUNTING AND REVIEW
A7.1 Preparation and Submission. The Recipient will:
(a) submit to the Province at the address provided in section A 17.1 (Notice in
Writing and Addresses), all Reports in accordance with the timelines and
content requirements set out in Schedule "F" (Reporting and Compliance
Audit), or in a form as specified by the Province from time to time;
(b) submit to the Province at the address provided in section A 17.1 (Notice in
Writing and Addresses), any other reports as may be requested by the
Province in accordance with the timelines and content requirements
specified by the Province;
(c) ensure that all Reports and other reports are completed to the satisfaction
of the Province; and
(d) ensure that all Reports and other reports are signed on behalf of the
Recipient by an authorized signing officer.
A7.2 Record Maintenance. The Recipient will keep and maintain:
(a) all financial records including, without limitation, invoices, statements,
receipts, and vouchers relating to the Funds or otherwise to the Project in
Town of Tillsonburg and Ontario CTGP TPA
a manner consistent with generally accepted accounting principles;
(b) all non-financial documents and records relating to the Funds or otherwise
to the Project, including, without limitation, all Contracts; and
(c) the accounts, records and other documents described in paragraphs
A7.2(a) and (b) for at least seven years after the expiry or termination of
the Agreement.
A7.3 Inspection. The Province, any authorized representative, or any independent
auditor identified by the Province may, at the Province's expense, upon twenty-
four hours' Notice to the Recipient and during normal business hours, enter upon
the Recipient's premises to review the progress of the Project and the Recipient's
allocation and expenditure of the Funds and, for these purposes, the Province,
any authorized representative, or any independent auditor identified by the
Province may take one or more of the following actions:
(a) inspect and copy the records and documents referred to in section A7.2
(Record Maintenance);
(b) remove any copies made pursuant to paragraph A7.3(a) from the
Recipient's premises; and
(c) conduct an audit or investigation of the Recipient in respect of the
expenditure of the Funds, the Project, or both.
A7.4 Disclosure. To assist in respect of the rights provided for in section A7.3
(Inspection), the Recipient will disclose any information requested by the
Province, any authorized representatives, or any independent auditor identified
by the Province, and will do so in the form requested by the Province, any
authorized representative, or any independent auditor identified by the Province,
as the case may be.
A7.5 No Control of Records. No provision of the Agreement will be construed so as
to give the Province any control whatsoever over the Recipient's records.
A7.6 Auditor General. The Province's rights under this Article A7.0 (Reporting,
Accounting and Review) are in addition to any rights provided to the Auditor
General pursuant to section 9.1 of the Auditor General Act (Ontario).
A7.7 Inspection and Audit of Contracts. The Recipient will ensure all Contracts
include the right of the Province, its authorized representatives and independent
auditors identified by the Province and the Auditor General to carry out the
inspections and audits contemplated pursuant to the Agreement, including any
compliance audit under Schedule "F" (Reporting and Compliance Audit) and will
coordinate access with any Third Party for the purpose of such inspections and
audits.
Town of Tillsonburg and Ontario CTGP TPA
A7.8 Due Diligence. The Recipient confirms the Recipient's consent to the Province
releasing any of the Recipient's information, however obtained, with any
government authority, agency, body or department, whether federal, provincial or
municipal, for the purpose of conducting any financial, legal and technical due
diligence review of the Recipient and the Project, including the Recipient's
compliance with any of the Recipient's obligations under the Agreement, any
Requirements of Law or Contract.
A7.9 Recipient's Audits. The Recipient will carry out any audit the Province may
request pursuant to Schedule "F" (Reporting and Compliance Audit).
A8.0 COMMUNICATIONS REQUIREMENTS AND INFORMATION SHARING
AB.1 Acknowledge Support. Unless otherwise directed by the Province, the
Recipient will acknowledge the support of the Province for the Project as set out
in Schedule "G" (Communications Protocol).
AB.2 Publication. The Recipient will indicate, in any of its Project-related publications,
whether written, oral, or visual, that the views expressed in the publication are
the views of the Recipient and do not necessarily reflect those of the Province.
A9.0 INDEMNITY
A9.1 Indemnification. The Recipient will indemnify and hold harmless the
Indemnified Parties from and against any and all liability, loss, costs, damages,
and expenses (including legal, expert and consultant fees), causes of action,
actions, claims, demands, lawsuits or other proceedings, by whomever made,
sustained, incurred, brought or prosecuted, in any way arising out of or in
connection with the Project or otherwise in connection with the Agreement,
unless solely caused by the negligence or wilful misconduct of the Indemnified
Parties.
A10.0 INSURANCE
A10.1 Recipient's Insurance. The Recipient represents, warrants and covenants that
it has, and will maintain, at its own cost and expense, with insurers having a
secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and
appropriate insurance that a prudent person carrying out a project similar to the
Project would maintain, including commercial general liability insurance on an
occurrence basis for third party bodily injury, personal injury, and property
damage, to an inclusive limit of not less than $2,000,000.00 per occurrence. The
insurance policy will include the following:
Town of Tillsonburg and Ontario CTGP TPA
(a) the Indemnified Parties 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; and
(d) a 30-day written notice of cancellation.
A10.2 Proof of Insurance. The Recipient will:
(a) provide to the Province, either:
(i) certificates of insurance that confirm the insurance coverage as
provided for in section A 10.1 (Recipient's Insurance); or
(ii) other proof that confirms the insurance coverage as provided for in
section A10.1 (Recipient's Insurance); and
(b) upon the request of the Province, provide to the Province a copy of any
insurance policy.
A10.3 Reference to Program. The insurance policy referred to in section A10.1
(Recipient's Insurance) will include, in addition to the provisions listed in that
section, a reference to the Program.
A11.0 TERMINATION ON NOTICE
A 11.1 Termination on Notice. The Province may terminate the Agreement at any time
without liability, penalty, or costs upon giving at least 30 days' Notice to the
Recipient.
A11.2 Consequences of Termination on Notice by the Province. If the Province
terminates the Agreement pursuant to section A11.1 (Termination on Notice), the
Province may take one or more of the following actions:
(a) cancel all further instalments of Funds;
(b) demand from the Recipient the payment of any Funds remaining in the
possession or under the control of the Recipient; and
(c) determine the reasonable costs for the Recipient to wind down the Project,
and do either or both of the following:
Town of Tillsonburg and Ontario CTGP TPA
(i) permit the Recipient to offset the costs against the amount the
Recipient owes pursuant to paragraph A 11.2(b); and
(ii) subject to paragraph A4.1 (a), provide Funds to the Recipient to cover
such costs.
A12.0 TERMINATION WHERE NO APPROPRIATION OR REDUCED MINISTERIAL
FUNDING LEVELS
A 12.1 Termination Where No Appropriation or Reduced Ministerial Funding Levels.
If, as provided for in paragraph A4.2(d), the Province does not receive the
necessary appropriation from the Ontario Legislature for any payment the
Province is to make pursuant to the Agreement, or ministerial funding levels in
respect of transfer payments are reduced, the Province may terminate the
Agreement immediately without liability, penalty or costs by giving Notice to the
Recipient.
A 12.2 Consequences of Termination Where No Appropriation or Reduced
Ministerial Funding Levels. If the Province terminates the Agreement pursuant
to section A12.1 (Termination Where No Appropriation or Reduced Ministerial
Funding Levels), the Province may take one or more of the following actions:
(a) cancel all further instalments of Funds;
(b) demand from the Recipient the payment of any Funds remaining in the
possession or under the control of the Recipient; and
(c) determine the reasonable costs for the Recipient to wind down the Project
and permit the Recipient to offset such costs against the amount owing
pursuant to paragraph A12.2(b).
A12.3 No Additional Funds. If, pursuant to paragraph A12.2(c), the Province
determines that the costs to wind down the Project exceed the Funds remaining
in the possession or under the control of the Recipient, the Province will not
provide additional Funds to the Recipient.
A13.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR
DEFAULT
A 13.1 Events of Default. Each of the following events will constitute an Event of
Default:
(a) in the opinion of the Province, the Recipient breaches any representation,
warranty, covenant or other material term of the Agreement including,
Town of Tillsonburg and Ontario CTGP TPA
without limitation, failing to do any of the following in accordance with the
terms and conditions of the Agreement:
(i) carry out the Project;
(ii) use or spend Funds;
(iii) provide, in accordance with section A7.1 (Preparation and
Submission), Reports or such other reports as may have been
requested pursuant to paragraph A7.1(b); or
(b) the Recipient's operations, its financial condition, or its organizational
structure, changes such that it no longer meets one or more of the
eligibility requirements under the Agreement.
A 13.2 Consequences of Events of Default and Corrective Action. If an Event of
Default occurs, the Province may, at any time, take one or more of the following
actions:
(a) initiate any action the Province considers necessary in order to facilitate
the successful continuation or completion of the Project;
(b) provide the Recipient with an opportunity to remedy the Event of Default;
(c) suspend the payment of Funds for such period as the Province
determines appropriate;
(d) reduce the amount of the Funds;
(e) cancel all further instalments of Funds;
(f) demand from the Recipient the payment of any Funds remaining in the
possession or under the control of the Recipient;
(g) demand from the Recipient the payment of an amount equal to any Funds
the Recipient used, but did not use in accordance with the Agreement;
(h) demand from the Recipient the payment of an amount equal to any Funds
the Province provided to the Recipient; and
(i) terminate the Agreement at any time, including immediately, without
liability, penalty or costs to the Province upon giving Notice to the
Recipient.
Town of Tillsonburg and Ontario CTGP TPA
A13.3 Opportunity to Remedy. If, in accordance with paragraph A13.2(b), the
Province provides the Recipient with an opportunity to remedy the Event of
Default, the Province will provide Notice to the Recipient of:
(a) the particulars of the Event of Default; and
(b) the Notice Period.
A 13.4 Recipient not Remedying. If the Province has provided the Recipient with an
opportunity to remedy the Event of Default pursuant to paragraph A13.2(b), and:
(a) the Recipient does not remedy the Event of Default within the Notice
Period;
(b) it becomes apparent to the Province that the Recipient cannot completely
remedy the Event of Default within the Notice Period; or
(c) the Recipient is not proceeding to remedy the Event of Default in a way
that is satisfactory to the Province,
the Province may extend the Notice Period, or initiate any one or more of the
actions provided for in paragraphs A13.2(a), (c), (d), (e), (f), (g), (h) and (i).
A 13.5 When Termination Effective. Termination under this Article A13.0 (Event of
Default, Corrective Action, and Termination for Default) will take effect as
provided for in the Notice.
A14.0 FUNDS AT THE END OF A FUNDING YEAR
A 14.1 Funds at the End of a Funding Year. Without limiting any rights of the Province
under Article A13.0 (Event of Default, Corrective Action, and Termination for
Default), if the Recipient has not spent all of the Funds allocated for the Funding
Year as provided for in the Budget, the Province may take one or both of the
following actions:
(a) demand from the Recipient the payment of the unspent Funds; and
(b) adjust the amount of any further instalments of Funds accordingly.
A15.0 FUNDS UPON EXPIRY OF AGREEMENT
A 15.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to
the Province any Funds and interest remaining in its possession or under its
control.
Town of Tillsonburg and Ontario CTGP TPA
A16.0 DEBT DUE AND PAYMENT
A 16.1 Payment of Overpayment. If at any time the Province provides Funds in excess
of the amount to which the Recipient is entitled under the Agreement, the
Province may:
(a) deduct an amount equal to the excess Funds from any further instalments
of Funds; or
(b) demand that the Recipient pay an amount equal to the excess Funds to
the Province.
A16.2 Debt Due. If, pursuant to the Agreement:
(a) the Province demands from the Recipient the payment of any Funds or an
amount equal to any Funds; or
(b) the Recipient owes any Funds or an amount equal to any Funds to the
Province, whether or not the Province has demanded their payment,
such Funds or other amount will be deemed to be a debt due and owing to the
Province by the Recipient, and the Recipient will pay the amount to the Province
immediately, unless the Province directs otherwise.
A16.3 Interest Rate. The Province may charge the Recipient interest on any money
owing by the Recipient at the then current interest rate charged by the Province
of Ontario on accounts receivable.
A 16.4 Payment of Money to Province. The Recipient will pay any money owing to the
Province by cheque payable to the "Ontario Minister of Finance" and delivered to
the Province as provided for in Schedule "B" (Project Specific Information).
A 16.5 Fails to Pay. Without limiting the application of section 43 of the Financial
Administration Act (Ontario), if the Recipient fails to pay any amount owing under
the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid
amount from any money payable to the Recipient by Her Majesty the Queen in
right of Ontario.
A17.0 NOTICE
A 17 .1 Notice in Writing and Addresses. Notice will be in writing and will be delivered
by email, postage-prepaid mail, personal delivery or fax, and addressed to the
Province and the Recipient respectively as provided for in Schedule "B" (Project
Specific Information), or as either Party later designates to the other by Notice.
Town of Tillsonburg and Ontario CTGP TPA
A17.2 Notice Given. Notice will be deemed to have been given:
(a) in the case of postage-prepaid mail, five Business Days after the Notice is
mailed; or
(b) in the case of email, personal delivery or fax, one Business Day after the
Notice is delivered.
A17.3 Postal Disruption. Despite paragraph A17.2(a), in the event of a postal
disruption:
(a) Notice by postage-prepaid mail will not be deemed to be given; and
(b) the Party giving Notice will provide Notice by email, personal delivery or by
fax.
A18.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT
A 18.1 Consent. When the Province provides its consent pursuant to the Agreement, it
may impose any terms and conditions on such consent and the Recipient will
comply with such terms and conditions.
A19.0 SEVERABILITY OF PROVISIONS
A 19.1 Invalidity or Unenforceability of Any Provision. The invalidity or
unenforceability of any provision of the Agreement will not affect the validity or
enforceability of any other provision of the Agreement. Any invalid or
unenforceable provision will be deemed to be severed.
A20.0 WAIVER
A20.1 Waiver in Writing. Either Party may, in accordance with the Notice provision set
out in Article A17.0 (Notice), ask the other Party to waive an obligation under the
Agreement.
A20.2 Waiver Applies. Any waiver a Party grants in response to a request made
pursuant to section A20.1 (Waiver in Writing) will:
(a) be valid only if the Party granting the waiver provides it in writing; and
(b) apply only to the specific obligation referred to in the waiver.
Town of Tillsonburg and Ontario CTGP TPA
A21.0 INDEPENDENT PARTIES
A21.1 Parties Independent. The Recipient is not an agent, joint venturer, partner or
employee of the Province, and the Recipient will not represent itself in any way
that might be taken by a reasonable person to suggest that it is, or take any
actions that could establish or imply such a relationship.
A22.0 ASSIGNMENT OF AGREEMENT OR FUNDS
A22.1 No Assignment. The Recipient will not, without the prior written consent of the
Province, assign any of its rights or obligations under the Agreement.
A22.2 Agreement Binding. All rights and obligations contained in the Agreement will
extend to and be binding on the Parties' respective heirs, executors,
administrators, successors, and permitted assigns.
A23.0 GOVERNING LAW
A23.1 Governing Law. The Agreement and the rights, obligations and relations of the
Parties will be governed by and construed in accordance with the laws of the
Province of Ontario and the applicable federal laws of Canada. Any actions or
proceedings arising in connection with the Agreement will be conducted in the
courts of Ontario, which will have exclusive jurisdiction over such proceedings.
A24.0 FURTHER ASSURANCES
A24.1 Agreement into Effect. The Recipient will provide such further assurances as
the Province may request from time to time with respect to any matter to which
the Agreement pertains, and will otherwise do or cause to be done all acts or
things necessary to implement and carry into effect the terms and conditions of
the Agreement to their full extent.
A25.0 JOINT AND SEVERAL LIABILITY
A25.1 Joint and Several Liability. Where the Recipient is comprised of more than one
entity, all such entities will be jointly and severally liable to the Province for the
fulfillment of the obligations of the Recipient under the Agreement.
Town of Tillsonburg and Ontario CTGP TPA
A26.0 RIGHTS AND REMEDIES CUMULATIVE
A26.1 Rights and Remedies Cumulative. The rights and remedies of the Province
under the Agreement are cumulative and are in addition to, and not in
substitution for, any of its rights and remedies provided by law or in equity.
A27.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS
A27.1 Other Agreements. If the Recipient:
(a) has failed to comply with any term, condition or obligation under any other
agreement with Her Majesty the Queen in right of Ontario or one of Her
agencies (a "Failure");
(b) has been provided with notice of such Failure in accordance with the
requirements of such other agreement;
(c) has, if applicable, failed to rectify such Failure in accordance with the
requirements of such other agreement; and
(d) such Failure is continuing,
the Province may suspend the payment of Funds for such period as the Province
determines appropriate.
A28.0 SURVIVAL
A28.1 Survival. The following Articles, sections and paragraphs, and all applicable
cross-referenced Articles, sections, paragraphs, schedules and sub-schedules,
will continue in full force and effect for a period of seven years from the date of
expiry or termination of the Agreement: Articles 1.0 (Entire Agreement), 2.0
(Conflict or Inconsistency), 3.0 (Counterparts), and A 1.0 (Interpretation and
Definitions) and any other applicable definitions, paragraphs A2.1 (a) and A4.2(d),
sections A4.5 (Interest), A4.6 (Rebates, Credits and Refunds), A4.7 (Recipient's
Acknowledgement of Responsibility for Project), A4.8 (Disclosure of Other
Financial Assistance and Adjustments), A5.2 (Disposal), A5.3 (Contract
Provisions), A?.1 (Preparation and Submission) to the extent that the Recipient
has not provided the Reports or other reports as may have been requested to the
satisfaction of the Province, A?.2 (Record Maintenance), A?.3 (Inspection), A?.4
(Disclosure), A?.5 (No Control of Records), A?.6 (Auditor General), A?.7
(Inspection and Audit of Contracts), A?.8 (Due Diligence), A?.9 (Recipient's
Audits), Articles A8.0 (Communications Requirements and Information Sharing)
and A9.0 (Indemnity), sections A11.2 (Consequences of Termination on Notice
by the Province), A 12.2 (Consequences of Termination Where No Appropriation
Town of Tillsonburg and Ontario CTGP TPA
or Reduced Ministerial Funding Levels), A12.3 (No Additional Funds), and A13.1
(Events of Default), paragraphs A13.2(d), (e), (f), (g) and (h), Articles A15.0
(Funds Upon Expiry of Agreement), A16.0 (Debt Due and Payment), A17.0
(Notice), and A19.0 (Severability of Provisions), section A22.2 (Agreement
Binding), Articles A23.0 (Governing Law), A25.0 (Joint and Several Liability),
A26.0 (Rights and Remedies Cumulative), and A27.0 (Failure to Comply with
Other Agreements), and this Article A28.0 (Survival).
Town of Tillsonburg and Ontario CTGP TPA
SCHEDULE "8"
PROJECT SPECIFIC INFORMATION
Maximum Funds $1,457,732.00
Position: Manager, Strategic Transit Investments Office
Contact information for the Address: Strategic Investments and Programs Branch
purposes of Notice to the Ontario Ministry of Transportation
Province 777 Bay Street, 30th Floor
Toronto ON M7A 2J8
Phone: 416-710-5616
Fax: 416-585-7343
Email: CTProgram@ontario.ca
Position: Director of Operations
Contact information for the Address: 200 Broadway, Suite 204, Tillsonburg, Ontario, N4G
purposes of Notice to the 5A7
Recipient Phone: 519-688-3009 ext. 2232
Fax: 519-842-9431
Email: kdeleebeeck@tillsonburg.ca
Position: Director, Strategic Investments and Programs
Authorized representative Address: Strategic Investments and Programs Branch
of the Province for the Ontario Ministry of Transportation
purpose of Section 4.3 777 Bay Street, 30th Floor
(Execution of Amending Toronto ON M7A 2J8
Agreements -Exceptions) Phone: 416-585-7637
Fax: 416-585-7343
Email: CTProgram@ontario.ca
Position: Chief Administrative Officer
Authorized representative Address: 200 Broadway, Suite 204, Tillsonburg, Ontario, N4G
of the Recipient for the 5A7
purpose of Section 4.3 Phone: 519-688-3009 ext. 3227
(Execution of Amending Fax: 519-842-9431
Agreements -Exceptions) Email: dcalder@tillsonbu rg .ca
Town of Tillsonburg and Ontario CTGP TPA
SCHEDULE "C"
PROJECT DESCRIPTION, BUDGET AND TIMELINES
C1 .0 PROJECT DESCRIPTION, BUDGET AND TIME LINES
C1 .1 Project Description. The Recipient will carry out the Project as described in
Sub-schedule "C.1" (Project Description).
C1 .2 Budget. The Recipient will carry out the Project in accordance with the Budget in
Sub-schedule "C.2" (Project Budget).
C1 .3 Timelines. The Recipient will carry out the Project within the Timelines in Sub-
schedule "C.3" (Project Timelines).
Town of Tillsonburg and Ontario CTGP TPA
SUB-SCHEDULE "C.1"
PROJECT DESCRIPTION
C.1.1.0 PROJECT DESCRIPTION
C.1.1.1 Project Description. The Project includes a Local Project or an
lntercommunity Project, or both.
C.1.1.2 Description and Scope of Service of lntercommunity Project or Local
Project
(a) If the Project includes an lntercommunity Project, the lntercommunity
Project will be as described in Table C.1.1.2 (a) (lntercommunity Project
Summary) and, at a minimum, will meet the following service
requirements:
(i) offer a fixed route service with regular scheduled stops in
municipalities in addition to the Recipient municipality;
(ii) operate five days per week, where feasible;
(iii) offer two return trips per day, where feasible, or a minimum of one
return trip per day;
(iv) use a vehicle or vehicles with 10 or more passenger seats; and
(v) charge fares, as determined by the Recipient, to cover a portion of
the costs of the services provided, up until the Completion Date.
Table C.1.1.2 (a): lntercommunity Project Summary
The Town of Tillsonburg will implement an lntercommunity Project comprised of
four intercommunity bus routes as follows:
Town of Tillsonburg and Ontario CTGP TPA
Route 1: Tillsonburg to Woodstock and Ingersoll Loop
This inter-city service will operate using two buses to provide the core service
between Tillsonburg and Woodstock, with connections in South West Oxford,
Norwich, and Ingersoll. The service will run on several loops throughout the day,
with schedules aligned when possible, to other services such as Woodstock
Transit, VIA Rail and Greyhound. There are two planned phases for this service:
• Phase 1: will be to run the Tillsonburg to Woodstock service on three return
runs per day, five days per week. This phase will be implemented in January
2020.
• Phase 2: will be implemented in January 2022, increasing service as needed
to provide four runs per day, five days a week. This will support various
connection schedules within Oxford and Norfolk Counties.
The route will begin at Tillsonburg Centre moving along Broadway Street (Highway
19) to Tillsonburg Hospital. The route will then continue as follows:
• Broadway Street (Northbound) to Highway 19 and Ostrander Road (Stop)
•Ostrander Road (County Road 19) through Springford (Stop) and Otterville
(Stop)
• Highway 59 to Norwich (Stop)
•Continue north and then west on Highway 59 through Burgessville (Stop) into
Woodstock
• Highway 59 to Juliana Drive to Woodstock Hospital (Stop)
• North on Finkle Street to Henry Street (Via Rail Station)
• East on Henry Street to Wilson Street to Dundas Street and Woodstock Transit
Terminal (Stop)
• County Road 9 to Beachville (Stop) and Centreville (Stop)
•Thames Street North to Via Rail Station (Stop)
•Thames Street South to Nixon to Ingersoll Hospital (Stop)
The bus will continue on to Tillsonburg through South West Oxford, while the
second bus makes the same trip in the opposite direction.
• Highway 19 to Mt. Elgin (Stop)
• County Roads 18 and 10 to Brownsville (Stop)
• County Road 20 to Delmer (Stop)
• Delmer and Hawkins Road to Tillsonburg
• Tillsonburg Hospital and Town Centre (Stop)
The total one-way distance of this route is approximately 115 kilometres. The
municipalities served by this route include Tillsonburg, Norwich, South West
Oxford, Woodstock and Ingersoll. The service will provide connections to
Woodstock Transit, VIA Rail and Greyhound Bus Lines.
Town of Tillsonburg and Ontario CTGP TPA
--~
'
The service will use a 10-seat wheelchair accessible bus. Phase 1 of this service
will provide three runs per day, five days per week. Phase 2 of this service will
provide 4 runs per day five days per week.
Fares ($5-$10) will be available on-board, at the Livingston Centre in Tillsonburg
as well as other locations that will be finalized prior to the launch of the service.
Route 2: Connection to Ride Norfolk
A second route will be implemented in January 2020, which connects Tillsonburg
with Norfolk County residents who have indicated a transportation need to go into
Tillsonburg, a service not currently provided by Ride Norfolk. This route will also
connect with Ride Norfolk two days a week in Courtland and Delhi. Depending on
demand, it may be deemed necessary to add service on another day. Based on
current demand by Tillsonburg residents, this is likely to include Friday service to
Delhi.
Monday Service: Tillsonburg to Langton and Courtland
Wednesday Service: Tillsonburg to Delhi, Langton and Courtland
The route will begin at Tillsonburg Centre, moving along Broadway (Highway 19)
to Tillsonburg Hospital. The route will then continue as follows:
• Highway 3 to Delhi (Stop)
• Highway 3 to Highway 59 to Langton (Stop)
• Highway 59 to Courtland (Stop)
• Highway 3 to Tillsonburg Centre and Tillsonburg Hospital
The total one-way distance of this route is approximately 48 km for Monday
service and 68 km for Wednesday service, depending on integration with Ride
Norfolk system.
Municipalities served by this service will include Tillsonburg and Norfolk County,
and connections will be provided to the Ride Norfolk service.
The service will utilize a 10-seat wheelchair accessible bus.
Service will be provided three times a day on Mondays and Wednesdays and
likely include Friday service based on current demand.
Fares ($5-$10) will be available on-board, at the Livingston Centre in Tillsonburg
as well as other locations that will be finalized prior to the launch of the service.
Town of Tillsonburg and Ontario CTGP TPA
Route 3: Tillsonburq to the Municipality of Bayham
This route will connect Tillsonburg with Straffordville, Vienna, and Port Burwell in
the Municipality of Bayham. The intent of this run is to provide general service to
Bayham residents into Tillsonburg for accessing community and social services.
Additional runs and stops may be added depending on demand for employment
access.
This route works for residents of both municipalities in accessing employment.
Employment opportunities for Tillson burg residents are just outside of T:GO's
service area, but are important for residents in accessing and maintaining gainful
employment. The schedule will relate with the Route 2 connection with Ride
Norfolk, as it is the goal to use the same bus to perform both routes.
The route will begin at Tillsonburg Centre and run as follows:
• Highway 19 to Straffordville
•Continue along Highway 19 to Vienna
• Continue along Highway 19 to Port Burwell
The return trip will take the same route back.
Municipalities served will include Tillsonburg and Bayham (includes the
communities of Straffordville, Vienna, and Port Burwell). Service will be provided
with three return trips per day, two days per week, with possible extension to three
days per week, or daily depending upon demand for employment transit.
Fares ($5-$10) will be available on-board or at the Bayham Municipal Offices.
Route 4: Woodstock Hospital to Victoria Hospital. London Ontario
Transportation to London, via Woodstock Hospital, will be phased in by January
2020. The identified need for Oxford County residents is to connect to London
hospitals for specialist appointments, as well as visiting friends and families who
have been transferred to London. Implementation of this particular service will
depend on the availability and convenience of existing services that connect
Oxford County to London, such as Greyhound and VIA Rail. Furthermore, some
community agencies provide volunteer, medical transportation to London. As the
inter-city connections build in the first two years of the Pilot Program, on-going
surveys and review of requests will determine the type, and level of service
available to Oxford residents.
Connections will be provided to and from Woodstock Hospital via Route 1 as
follows:
• The route will begin at Woodstock Hospital
• Highway 2 to Countv Road 7
Town of Tillsonburg and Ontario CTGP TPA
•Thames St. South to Noxon St. to Ingersoll Hospital (Stop)
•County Road 119 to Highway 401 to Highbury North
• Commissioners Road to Victoria Hospital
The total one-way distance of this route is approximately 65 kilometres.
Municipalities to be served by this service include Tillsonburg, Norwich, South
West Oxford, Woodstock, and Ingersoll. Connections will be provided to
Tillsonburg, South West Oxford, Norwich via Route 1; London Transit, and Victoria
Hospital.
The service will be provided with two return trips per day twice a week, increasing
to three trips per day and potentially three times a week depending on demand.
Fares ($10-$15) will be available on-board, at the Livingston Centre in Tillson burg
as well as other locations that will be finalized orior to the launch of the service.
(b) If the Project includes a Local Project, the Local Project will be as
described in Table C.1.1.2 (b) (Local Project Summary) and each
community organization the Recipient identified in its application for
funding under the Program:
(i) is, and will continue to be for the term of the Agreement,
incorporated;
(ii) has been in operation for at least one year prior to February 28,
2018;and
(iii) will participate in the Project as described in the Recipient's
application for funding up until the Completion Date.
Table C.1.1.2 (b): Local Project Summary
· · Description
N/A
Town of Tillsonburg and Ontario CTGP TPA
Recipient name:
CT Pro"ect Bud et
Eligible Expendl!l!r9
• administrative costs
A. lrital Ell 'Ible Ex. ndttures.
fund in sources
Provincial Funds
fares
SUB-SCHEDULE "C.2"
PROJECT BUDGET
Town ofTillsonbu
Ion distance
.. ' . -.
Fund.ing Yea-1'·1 Fu~dJng ve&r. 2 Fundlng·_Yel!lr 3 Funding· Year 4·
Apijl 30,.2016 -April 1. 2019-ARril 1. 2020 -April 1, 2021 - '
Mar<:h 31, 2019 Morch 31, 2020 March 31, 2021 . March 31. 2022
$ $ $ $
$ 6,500.00 $ 8,700.00 $ 8,900.00
$ 34,715.00 $ 70,820.00 $ 72,235.00
$ 1,500.00 $ 3 500.00 $ 3 500.00
$ 75,000.00 $ 10,000.00 $ 10,000.00
$ 7,000.00 $ 2,000.00 $ 2,000.00
$ 3,000.00 $ 1,000.00 $ 1,000.00
$ 5,000.00 $ 500.00 $ 500.00
$ 64,610.00 $ 335,730.00 $ 359,633.00
$ 10 000.00 $ 5 000.00 $ 1,500.00
$ $ $
$ 229,325.00 $ 437,250.00. $ 459,268,00'
$ $ 223,356.00 $ 398,808.00 $ 397,052.00
$ $ 5,967.00 $ 38,442.00 $ 62,216.00
$ .$ 229,325.00 $ 437250.00-$ 459 266c00
$ $ $ $
Town of Tillsonburg and Ontario CTGP TPA
ItmllgW;:Qf Fundlrig _Ye~r 5 ~ April 1.2022-ExlH!!ndifilre over March 31, 2Q23 E11nd!og Itu1t1 ·i~
$ $
$ 9, 100.00 $ 35,200.00
$ 73,660.00 $ 251,450.00
$ 3 500.00 $ 12 000.00
$ 10,000.00 $ 105,000.00
$ 1,500.00 $ 12,500.00
$ 1,000.00 $ 6,000.00
$ 500.00 $ 6,500.00
$ 419,916.00 $ 1, 199,891.00
$ 1,500.00 $ 18,000.00
$ $
.$' 520,698.00 .$ 164654t00
amounts
$ 438,514.00 $ 1,457,732.00
$ 82,184.00 $ 168,609.00
$ 520 696.00 $ 1,646,541.00
$ $
C.3.0 TIMELINES
SUB-SCHEDULE "C.3"
PROJECT TIMELINES
C.3.1 Timelines for Services. The Recipient will provide the community transportation
services under the Project starting no later than one year after the Effective Date
and, at a minimum, up until the Completion Date.
C.3.2 Work Plan(s). The Recipient will carry out the Project in accordance with the
following work plan(s):
Table C.3.2 (a): lntercommunity Project Work Plan
1.
2.
Engage
Transit
Coordinator
Retain transit
consulting
services
Hire/contract transit
coordinator
• Assist with route
review &
consultation
process
• Assist with
schedule
development
• Assist with
request for
proposals (RFP)
development and
award evaluation
• Assist with
marketing strategy
and
communications
plan
• Assist with
establishing
performance
measures and
monitoring
ro ram
Town of Tillsonburg and Ontario CTGP TPA
2019/06
. ';E ..... ·•.n.··.· .. ·.ll.·.···.·.·· .. . . .. . . . ..
Date. R~~~pij'si~riity
2023/03 The Recipient
2021 /03 Recipient staff,
Transit
Coordinator
4.
5.
6.
7.
RFP-bus
contractor
Marketing &
communications
Project launch
Project
monitoring &
reporting
•Consult with 2019/07 2019/08 Recipient Staff,
municipal planning Transit
& public works Coordinator,
departments and Consultant
confirm bus stop
locations
• Confirm route
schedule and
connections timin
• Prepare RFP for
operation of transit
system
• RFP issued for bid
•Award RFP
• Finalize fare
structure,
brochures,
website, contact
number, etc.
• Promotion of new
service, public
information
centres, etc.
• Route 1 -Oxford
South
-Phase 1
-Phase 2
•Route 2 & 3
Norfolk/Bayham
• Route 4 -London
•Track key
performance
measures
• Monitor/analyze
statistics
• Reporting as
required under the
A reement
2019/08
2019/09
2019/11
2019/09
2019/11
2020/01
2022/01
2020/01
2020/01
2020/01
2019/09
2019/10
2019/11
2019/10
2019/12
2023/03
2023/03
2023/03
2023/03
2023/03
Recipient Staff,
Transit
Coordinator,
Consultant
Recipient Staff,
Transit
Coordinator,
Consultant
Recipient Staff,
Transit
Coordinator,
Consultant
Recipient Staff,
Transit
Coordinator,
Consultant
Town of Tillsonburg and Ontario CTGP TPA
Table C.3.2 (b): Local Project Work Plan
[NIA]
Town of Tillsonburg and Ontario CTGP TPA
SCHEDULE "D"
ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES
D1 .0 DEFINITION
D1 .1 Definition. In this Schedule "D" (Eligible Expenditures and Ineligible
Expenditures):
"Ineligible Expenditures" means the costs of the Project that are ineligible for
funding by the Province under the Agreement, and that are further described in
Article D3.0 (Ineligible Expenditures).
D2.0 ELIGIBLE EXPENDITURES
D2.1 Scope of Eligible Expenditures
(a) Eligible Expenditures are the expenditures that are directly related to and
necessary for the successful implementation and operation of the Project.
(b) Non-capital Eligible Expenditures can accrue as of April 30, 2018 and up
until the Completion Date, or up until another date agreed upon by the
Province in writing and at its sole discretion. Non-capital Eligible
Expenditures include items (a) to (m), (o), and (p) under section D.2.3
(Eligible Expenditures), and may include, at the Province's sole discretion,
item (q) under that section.
(c) Capital Eligible Expenditures can accrue as of the Effective Date and up
until the Completion Date, or up until another date agreed upon by the
Province in writing and at its sole discretion. Capital Eligible Expenditures
include item (n) under section D.2.3 (Eligible Expenditures), and may
include, at the Province's sole discretion, item (q) under that section.
(d) No expenditures, including an expenditure that would have otherwise
been eligible for funding under the Agreement, incurred outside of any of
the periods set out in paragraphs D2.1 (b) or (c) will be eligible for
payment under the Agreement.
D2.2 Required Documentation. Eligible Expenditures must be documented through
paid invoices or original receipts, or both, satisfactory to the Province.
D2.3 Eligible Expenditures. Provided that the requirements under section D2.1
(Scope of Eligible Expenditures) and D2.2 (Required Documentation) are met,
Eligible Expenditures may, at the Province's sole discretion, include:
Town of Tillsonburg and Ontario CTGP TPA
(a) Salary and benefits of staff/consultants hired/retained for the planning,
implementation and operation of the Local Project(s) or lntercommunity
Project(s), or both, and for no other purpose;
(b) Costs of consultant services retained for the sole purpose of assisting the
Recipient and community organization(s) in the implementation of the
Local Project(s) or lntercommunity Project(s) bus routes, or both (e.g., to
assist in the implementation of information technology or the facilitation of
cooperative initiatives between the Recipient and the community
organizations or the design of intercommunity routes, service frequencies
and locations of bus stops);
(c) Costs of consultant/facilitation services retained for the sole purpose of
assisting the Recipient in developing and building partnerships with
community organizations or other municipalities that are part of the
Project;
(d) Administrative costs directly related to the planning, implementation or
operation of the Project, not exceeding 10% of the Maximum Funds;
(e) Purchase, implementation and operation costs of a contact number or
website, or both;
(f) Purchase, implementation/installation and licensing costs for software or
hardware, or both;
(g) Procurement of community transportation services or intercommunity
transportation services from a service provider (e.g., vehicles, drivers,
booking and dispatch services) that are part of the Project;
(h) Legal services for the drafting of legal agreements related to the Project;
(i) Costs of holding, facilitating or attending meetings/consultation,
events/workshops with community transportation organizations or partner
municipalities, or both, for the Project or for the purpose of learning,
networking and information exchange that is related to the Project;
G) Training costs related to the implementation or operation of the Project;
(k) Ontario-only travel and accommodation costs directly related to the
Project. Those costs must align with the Government of Ontario's Travel,
Meal and Hospitality Expenses Directive;
(I) Facilities costs of centralizing functions or operations of the Project,
including the costs of securing locations for pick-up and drop-off of
passengers;
Town of Tillsonburg and Ontario CTGP TPA
(m) Public outreach, communications materials and activities to promote the
Project and service;
(n) Vehicle leases or purchases (accessible vehicles must comply with Reg.
629 -Accessible Vehicles, R.R.O. 1990, under the Highway Traffic Act,
R.S.O. 1990, c. H.8.);
(o) Permits and fees required for vehicles used for the community
transportation or any long-distance service components of the Project;
(p) Equipment, supplies, materials, and services associated with the
implementation and operation of the Project; and
(q) Any other costs which, in the opinion and at the sole discretion of the
Province, are considered necessary for the completion of the Project and
for which the Province has provided its prior written consent prior having
been incurred.
03.0 INELIGIBLE EXPENDITURES
03.1 Scope of Ineligible Expenditures. Unless a cost is considered an Eligible
Expenditure pursuant to Article 02.0 (Eligible Expenditures), in the opinion and at
the sole discretion of the Province, such cost will be considered an Ineligible
Expenditure. Without limitation, the following costs will be considered Ineligible
Expenditures:
(a) Cash prizes or direct subsidies to individuals that are not related to
community transportation services;
(b) Food and beverages;
(c) Refundable goods and services tax, pursuant to the Excise Tax Act,
R.S.C. 1985, c. E. 15, or other refundable expenses;
(d) Deficit reduction;
(e) Costs funded or reimbursed by an entity other than the Province under the
Agreement;
(f) Costs for which the Recipient has received, will receive, or is eligible to
receive a rebate, credit or refund;
(g) Amortization or depreciation expenses associated with capital assets
acquired with Funds;
Town of Tillsonburg and Ontario CTGP TPA
(h) Salary, benefits, and costs of staff/consultants hired/retained by the
Recipient who, in addition to work/services for the Project, carry out
work/services for the Recipient other than for the Project; and
(i) Any other costs, as determined by the Province from time to time and at its
sole discretion.
Town of Tillsonburg and Ontario CTGP TPA
SCHEDULE "E"
CLAIM AND PAYMENT PROCEDURES
E1.0 CLAIMS
E1 .1 Claim. The submission of the documents listed under the "Documents Required
for Payments" column for each payment in Sub-schedule "E.1" (Payment Plan
for Milestones and Reporting Schedule) constitutes a claim for that payment.
E2.0 SUBMISSION OF CLAIMS AND PAYMENT PLAN
E2.1 Timing for Submission of Claims and Payment Amounts. The timing for the
submission of and the payment amount for each claim under the Agreement are
set out in Sub-schedule "E.1" (Payment Plan for Milestones and Reporting
Schedule).
E2.2 Conditions for Milestone Payments. The payment of Funds will be conditional
upon the Province having first received:
(a) for each payment, the documents specified for that payment under the
"Documents Required for Payment" column in Sub-schedule "E.1"
(Payment Plan for Milestones and Reporting Schedule); and
(b) for the payment 3A, and any subsequent payment, evidence that the
community transportation service(s) under the Project is/are 100%
implemented.
For the payments 3A to 3D, the Province, at its sole discretion, may pay the
amount for the Local Project separately from the lntercommunity Project.
E2.3 Claim Payments. Subject to the terms and conditions set out in the Agreement
including, without limitation, any necessary appropriation from the Ontario
Legislature and ministerial funding levels in respect of transfer payments, the
Province will use its reasonable efforts to make a payment to the Recipient, if
due and owing under the terms of the Agreement, within the timelines set out in
Sub-schedule "E.1" (Payment Plan for Milestones and Reporting Schedule). For
greater clarity, the Recipient agrees that the timelines set out in Sub-schedule
"E.1" (Payment Plan for Milestones and Reporting Schedule) are estimates only
and, despite the Province using reasonable efforts, there may be delays in
payments.
E2.4 No Interest. The Province will under no circumstances be liable for interest for
failure to make a payment within the estimated timelines set out in Sub-schedule
"E.1" (Payment Plan for Milestones and Reporting Schedule).
Town of Tillsonburg and Ontario CTGP TPA
E3.0 SUBMISSION OF CLAIMS
E3.1 Time Limit for Submission of Claims. In addition to meeting the requirements
in section E2.2 (Conditions for Milestone Payments), the Recipient is required
to submit all claims for payment within 180 days of the Completion Date. The
Province will have no obligation to pay a claim after this date.
E4.0 ADDITIONAL INFORMATION
E4.1 Additional Information upon the Province's Request. The Province may, at
its sole discretion, request additional information from the Recipient prior to
processing any payment.
E4.2 Timing for the Submission of Additional Information. The Recipient will,
unless the Province otherwise agrees upon in writing and at its sole discretion,
provide any information the Province requests under section E.4.1 (Additional
Information upon the Province's Request) within 30 days of the request.
Town of Tillsonburg and Ontario CTGP TPA
SUB-SCHEDULE "E.1"
PAYMENT PLAN FOR MILESTONES AND REPORTING SCHEDULE
Funding Year 1: April 30, 2018 to March 31, 2019
Non-capital Costs
Project status report
(PSR), if applicable, as
described in Sub-
schedule "F.1" (Project
Status Report);
Interim financial report
(IFR), if applicable, as
described in Sub-
schedule "F.2" (Interim
and Final Financial
Reports); and
Project performance
report (PPR), if the
service is 100%
implemented on or
before October 1, 2018,
as described in Sub-
schedule "F.3" (Project
Performance Reports)
Within 60 days after
the Effective Date
Town of Tillsonburg and Ontario CTGP TPA
1A. $0.00 Within 60 days of the
receipt of the
documents required
for Funding Year 1
(listed in the 1st
column of this row)
Funding Year 2: April 1, 2019 to March 31, 2020
Non-capital Costs With in 60 days after 2A. $55,839.50 Within 60 days of the
the Effective Date receipt of the
Project status report documents required
(PSR), if applicable, as for Funding Year 2
described in Sub-(listed in the 1•1
schedule "F.1" (Project column of this row
Status Report); 28. $55,839.50 Within 150 days of
the receipt of the
Interim financial report documents required
(IFR), if applicable, as for Funding Year 2
described in Sub-(listed in the 1'1
schedule "F.2" (Interim column of this row
and Final Financial 2C. $55,839.50 Within 240 days of
Reports); and the receipt of the
documents required
Project performance for Funding Year 2
report (PPR), if the (listed in the 1•1
service is 100% column of this row
implemented on or 20. $55,839.50 Within 330 days of
before October 1, 2018, the receipt of the
as described in Sub-documents required
schedule "F.3" (Project for Funding Year 2
Performance Reports) (listed in the 1st
column of this row
Mid-year Project report On or before October
using a form provided by 31,2019
the Province
Town of Tillsonburg and Ontario CTGP TPA
Copy(ies) of the paid
invoice(s) for capital
purchases, including
vehicles; and
Request for payment
form for capital costs
using a form provided by
the Province
Within 30 days of the 2X. $0.00
issuance of the paid
invoice(s)
Within 60 days of the
receipt of a copy of
the documents
required for the
payment 2X
(listed in the 1 •t
column of this row)
Funding Year 3: April 1, 2020 to March 31, 2021
Non-capital Costs
Project status report
(PSR) as described in
Sub-schedule "F .1"
(Project Status Report);
Interim financial report
(I FR) as described in
Sub-schedule "F.2"
(Interim and Final
Financial Reports); and
Project performance
report (PPR), if the
service is 100%
implemented on or
before October 1, 2019,
as described in Sub-
schedule "F.3" (Project
Performance Reports)
On or before the later 3A. $99, 702.00
of April 30, 2020 or
within one year from
the Effective Date
38. $99,702.00
3C. $99,702.00
30. $99,702.00
Town of Tillsonburg and Ontario CTGP TPA
Within 60 days of the
receipt of the
documents required
for Funding Year 3
(listed in the 1st
column of this row
Within 150 days of
the receipt of the
documents required
for Funding Year 3
(listed in the 1st
column of this row)
Within 240 days of
the receipt of the
documents required
for Funding Year 3
(listed in the 1st
column of this row)
Within 330 days of
the receipt of the
documents required
for Funding Year 3
(listed in the 1st
column of this row
--f
Mid-year Project report
using a form provided by
the Province
Capital Costs
Copy(ies) of the paid
invoice(s) for capital
purchases, including
vehicles; and
Request for payment
form for capital costs
using a form provided by
the Province
Within 30 days of the 3X. $0.00
issuance of the paid
invoice(s)
Within 60 days of the
receipt of a copy of
the documents
required for the
payment 3X
(listed in the 1st
column of this row)
Funding Year 4: April 1, 2021 to March 31, 2022
Non-capital Costs On or before April 30, 4A. $99,263.00
2021
Interim financial report
(I FR) as described in
Sub-schedule "F.2"
(Interim and Final
Financial Reports); 48 $99 . ,263.00
Project performance
report (PPR) as
described in Sub-
schedule "F.3" (Project
Performance Reports);
and 4C. $99,263.00
Service sustainability
plan (SSP) as described
in Sub-schedule "F.4"
Town of Tillsonburg and Ontario CTGP TPA
Within 60 days of the
receipt of the
documents required
for Funding Year 4
(listed in the 1st
column of this row)
Within 150 days of
the receipt of the
documents required
for Funding Year 4
(listed in the 1st
column of this row)
Within 240 days of
the receipt of the
documents required
for Funding Year 4
(listed in the 1st
column of this row)
(Service Sustainability
Plan)
Mid-year Project report
using a form provided by
the Province
Capital Costs
Copy(ies) of the paid
invoice(s) for capital
purchases, including
vehicles; and
Request for payment
form for capital costs
using a form provided by
the Province
On or before October
31,2021
Within 30 days of the 4X. $0.00
issuance of the paid
invoice(s)
Within 330 days of
the receipt of the
documents required
for Funding Year 4
(listed in the 1'1
column of this row
Within 60 days of the
receipt of a copy of
the documents
required for the
payment4X
(listed in the 1si
column of this row)
Funding Year 5: April 1, 2022 to March 31, 2023
Non-capital Costs
Interim financial report
(I FR) as described in
Sub-schedule "F.2"
(Interim and Final
Financial Reports); and
Project performance
report (PPR) as
described in Sub-
schedule "F.3" (Project
Performance Re orts
On or before April 30, SA. $219,257.00 Within 60 days of the
2022 receipt of the
documents required
for Funding Year 5
(listed in the 1st
column of this row)
Town of Tillsonburg and Ontario CTGP TPA
Capital Costs
Copy(ies) of the paid
invoice(s) for capital
purchases, including
vehicles; and
Request for payment
form for capital costs
using a form provided by
the Province
Non-capital Costs
Final financial report as
described in Sub-
schedule "F.2" (Interim
and Final Financial
Reports); and
Final Project
performance report as
described in Sub-
schedule "F.3" (Project
Performance Re orts
Within 30 days of the 5X. $0.00
issuance of the paid
invoice(s)
Program Wrap-up: April 1-April 30, 2023
On or before April 30, 6A. $219,257.00
2023
Town of Tillsonburg and Ontario CTGP TPA
Within 60 days of the
receipt of a copy of
the documents
required for the
payment 5X
(listed in the 1 ''
column of this row)
Within 60 days of the
receipt of the
documents required
for program wrap-up
(listed in the 1 ''
column of this row)
F1 .0 DEFINITION
SCHEDULE "F"
REPORTING AND COMPLIANCE AUDIT
F1 .1 Definition. In this Schedule "F" (Reporting and Compliance Audit):
"Generally Accepted Auditing Standards" means Canadian Generally
Accepted Auditing Standards as adopted by the Canadian Institute of Chartered
Accountants applicable as of the date on which such record is kept or required to
be kept in accordance with such standards.
F2.0 REPORTS, DOCUMENTS AND SUBMISSION DATES
F2.1 Description and Submission Dates. The Recipient will submit to the Province
the reports and other documents described in Sub-schedule "E.1" (Payment Plan
for Milestones and Reporting Schedule):
(a) at the address provided in Schedule "B" (Project Specific Information) for
the "Contact information for the purposes of Notice to the Recipient"; and
(b) by their respective submission dates.
F3.0 COMPLIANCE AUDIT
F3.1 Compliance Audit. The Province may, at its sole discretion and within timelines
set out by the Province, request that the Recipient carries out a Program
compliance audit in accordance with Generally Accepted Auditing Standards and
delivers the corresponding compliance audit report(s) within the timelines set out
by the Province.
F3.2 Compliance Audit Requirements. If the Province requests a Program
compliance audit pursuant to section F3.1 (Compliance Audit), the Recipient will
retain, at the Recipient's expense and within the timelines set out by the
Province, an accredited external independent auditor(s) to carry out the audit and
will deliver any compliance audit report(s) from such audit to the Province within
7 Business Days of the Recipient's receipt of the report.
F3.3 Compliance Audit Objectives. The key objectives of the compliance audit(s)
are to:
(a) determine whether Funds were expended for the purposes intended and
with due regard to economy, efficiency and effectiveness;
Town of Tillsonburg and Ontario CTGP TPA
(b) determine compliance with the Agreement;
(c) ensure that the Project, Reports and other reports, and financial
information are complete, accurate and timely, in accordance with the
terms and conditions of the Agreement;
(d) ensure that information and monitoring processes and systems are
sufficient for the identification, capture, validation and monitoring of the
service performance measures;
(e) assess the overall management and administration of the Project;
(f) provide recommendations for improvement or redress; and
(g) ensure that prompt and timely corrective action is taken on audit findings.
F4.0 PARTICIPATION IN POST-PROGRAM EVALUATION
F4.1 Post-program Evaluation Participation. The Recipient will, at the Province's
request and Recipient's cost, participate in any post-program evaluation events
or activities after the Completion Date.
F4.2 Post-program Evaluation Description. The post-program evaluation includes:
(a) the completion of a survey on the Program and Project outcomes;
(b) the participation in information sessions on community transportation to
report on the Recipient's experiences and lessons learnt from the Project,
and to provide suggestions for potential changes to the Program
administration; and
(c) any other items the Province may request be included at the Province's
sole discretion.
Town of Tillsonburg and Ontario CTGP TPA
SUB-SCHEDULE "F.1"
PROJECT STATUS REPORT
F.1.1.0 DESCRIPTION OF PROJECT STATUS REPORT
F.1.1.1 Timing of Project Status Report. The Recipient will prepare a project status
report, as described in this Sub-schedule "F.1" (Project Status Report) and as
set out in Sub-schedule "E.1" (Payment Plan for Milestones and Reporting
Schedule), for each Local Project and lntercommunity Project once the
service(s) for the Local Project or lntercommunity Project is 100% implemented
and the service(s) for it is/are made available to the community.
F.1.1.2 Content of Project Status Report. The Project status report for each
lntercommunity Project and Local Project will:
(a) provide confirmation that the service(s) is/are complete; and
(b) confirm the actual dates of completion of the tasks described in the work
plan(s) submitted.
F.1.1.3 Form of the Project Status Reports. Below is an example of the form the
Recipient will be required to complete for its Project Status Reports. The
Province may, at its sole discretion and at any time, make changes to this form.
FORM OF PROJECT STATUS REPORT
Name of Recipient: Wil'EIJ
Report submitted by: ~]
Telephone: [!l!§'e'iltj
Email: [!lf$jij]
Submission date: [Q$j1lJ
Town of Tillsonburg and Ontario CTGP TPA
lntercommunity Project Status Report
Local Project Status Report
Town of Tillsonburg and Ontario CTGP TPA
SUB-SCHEDULE "F.2"
INTERIM AND FINAL FINANCIAL REPORTS
F.2.1.0 INTERIM FINANCIAL REPORTS
F.2.1.1 Content of Interim Financial Reports. The Recipient will prepare interim
financial reports, as described in this Sub-schedule "F .2" (Interim and Final
Financial Reports) and as set out in Sub-schedule "E.1" (Payment Plan for
Milestones and Reporting Schedule). Each report will include a statement of
Eligible Expenditures incurred and paid to date, broken down by items. The
statement will indicate:
(a) the Funding Year;
(b) the Funds received;
(c) any other funding received, if any, including fare revenues; and
(d) an explanation for any unspent Funds.
F.2.1.2 Form of the Interim Financial Reports. Below is an example of the form the
Recipient will be required to complete for its interim financial reports. The
Province may, at its sole discretion and at any time, make changes to this form.
FORM OF INTERIM FINANCIAL REPORT
Name of Recipient: [QlDJB
Report submitted by: ll-~'IJ
Telephone: Il'._tii'ei1t]
Email: [in$~~]
Submission date: Iln~ID
Town of Tillsonburg and Ontario CTGP TPA
Initial
Projected
Contribution
Actual
Contribution
Variance
Between
Initial
Projected
Contribution
and Actual
Contribution
Explanation
of Variance
1. For the first interim financial report, the period will begin on April 30, 2018. For all subsequent interim
financial reporting, the period will begin on April 1.
Town of Tillsonburg and Ontario CTGP TPA
F.2.1.3 Local Project and lntercommunity Project. If Funds are provided for both
Local Project(s) and lntercommunity Project(s), the Recipient will provide an
interim financial report and a revised budget forecast for each of those. For an
lntercommunity Project, fare revenues must be reported against Eligible
Expenditures. For a Local Project, should the Recipient choose to collect fares,
fare revenues must be reported against Eligible Expenditures.
F .2.1.4 Variances. If there are variances or changes in the Budget or the Eligible
Expenditures, the interim financial report and revised budget forecast must, in
the form provided in section F.2.1.5 (Form of Revised Budget Forecasts),
include a revised fiscal forecast of the Budget for each Funding Year with a
breakdown of the Eligible Expenditures up to the Completion Date.
F.2.1.5 Form of Revised Budget Forecasts. Below is an example of the form the
Recipient will be required to complete for its revised budget forecasts. The
Province may, at its sole discretion and at any time, make changes to this form.
FORM OF REVISED BUDGET FORECASTS
Town of Tillsonburg and Ontario CTGP TPA
F.2.1.6 Additional Financial Information. The Province may, at its sole discretion,
request additional financial information on the Project.
F.2.1.7 Actual Costs for Eligible Expenditures. Each interim financial report and
revised budget forecast will reflect the actual costs for the Eligible Expenditures
incurred and paid and provide an explanation for any variances between the
initial projected costs as set out in Sub-schedule "C.2" (Project Budget) and the
actual costs of the Eligible Expenditures incurred and paid.
F.2.2.0 FINAL FINANCIAL REPORT
F.2.2.1 Content of Final Financial Report. The Recipient will prepare a final financial
report for each Local Project and lntercommunity Project, in a form provided by
the Province. Each final report will include a statement of Eligible Expenditures
incurred and paid to date, broken down by items, for each Funding Year. The
statement will indicate:
(a) the Funds received;
(b) any other funding received, if any, including fare revenues; and
(c) an explanation for any unspent Funds.
F.2.2.2 Form of the Final Financial Report. Below is an example of the form the
Recipient will be required to complete for the final financial report. The Province
may, at its sole discretion and at any time, make changes to this form.
FORM OF FINAL FINANCIAL REPORT
Name of Recipient: [in{~!\D
Report submitted by: llnli:i'rtJ
Telephone: [iJl,~jl:t)
Email: fi'ni~ill
Submission date: [&§~iftj
Town of Tillsonburg and Ontario CTGP TPA
Initial
Projected
Contribution
Actual
Contribution
Variance
Between Initial
Projected
Contribution
and Actual
Contribution
Explanation of
Variance
F.2.2.3 Projected Costs and Actual Costs for Eligible Expenditures. The final
financial report will include the initial projected costs as set out in Sub-schedule
"C.2" (Project Budget) and the actual costs of the Eligible Expenditures incurred
and paid.
Town of Tillsonburg and Ontario CTGP TPA
F.2.2.4 Variances. The final financial report will include a summary explanation for the
variance(s), if any, between the initial projected costs as set out in Sub-
schedule "C.2" (Project Budget) and the actual Eligible Expenditures incurred
and paid.
Town of Tillsonburg and Ontario CTGP TPA
SUB-SCHEDULE "F.3"
PROJECT PERFORMANCE REPORTS
F.3.1.0 CONTENT OF PROJECT PERFORMANCE REPORTS
F .3.1.1 The Recipient will, in a form provided by the Province, prepare Project
performance reports, as described in this Sub-schedule "F .3" (Project
Performance Reports) and as set out in Sub-schedule "E.1" (Payment Plan for
Milestones and Reporting Schedule). Each report will include:
(a) the service performance in the previous 12-month period;
(b) the progress on achieving any performance targets, and the service
performance of the previous reporting period, unless reporting on the first
year of service for the Project. If Funds are provided for both Local
Project(s) and lntercommunity Project(s), the Recipient will report on both
the Local Project(s) and lntercommunity Project(s); and
(c) in the final performance report, the Recipient will include: a brief
description of the community transportation services provided with the
Funds, and a summary of benefits and impacts to the community.
F.3.1.2 Performance Indicators. The Recipient will report on the performance
indicators, in a form provided by the Province and any other performance
indicators included in the Recipient's application to the Program.
F.3.1.3 Phases of Service Implementation. If the Project has phases of service
implementation, the Recipient will provide the status on the phase of service
implementation.
F.3.1.4 Form of the Project Performance Reports. Below is an example of the form
the Recipient will be required to complete for the Project performance reports.
The Province may, at its sole discretion and at any time, make changes to this
form.
Town of Tillsonburg and Ontario CTGP TPA
FORM OF PROJECT PERFORMANCE REPORT
Name of Recipient: [~@fij
Report submitted by: [iii$j_m]
Telephone: IIl'l!I~!"!]
Email: [iii$~i1;j
Submission date: [insertJ
Status of later service implementation (as applicable): U!:!!l@rtJ
Risk factors: [i~~j
Risk mitigation: [insert)
LOCAL PROJECT PERFORMANCE REPORT
-B;tsE1line Service Service Performance Performance Service
Indicators -Service_ Year1 Performance Perfomiance
(as Target -2018-19 Year2 Year3
applicable) (as (as 2019-20 (as 2020~21 applicable) applicable) applicable)
- -
'
---
Total number
of passenger
trips provided
(or boardings)
over a 12-
month oeriod
Total number
of clients/
passengers
served over a
12-month
oeriod
Average
service hours
over a 12-
month period
Days of the
week service is
orovided
Town of Tillsonburg and Ontario CTGP TPA
Service Service
Performance Performance
-Year4 Years
2021-22 2022-23
Municipalities
the service
connects
Connections to
other
transportation
services or
transportation
hubs, or both
Target
demographic
groups served
(e.g., seniors,
persons with
disabilities,
vouth, etc.
[other
performance
indicators]
INTERCOMMUNITY PROJECT PERFORMANCE REPORT
.
Service
Project . Service Performance Service Service Service . Service
Performance Target Year1 Performance Performance Performance Performance
Indicators . (as 2018-19 Year2 Year3 Year4 Years . ..
(as applicable) applicable) (as 2019-20 2020,21 2021-22 2022-23
applicable)
. · .
.
Total number
of passenger
trips provided
(or boardings)
over a 12-
month period
Total number
of clients/
passengers
served over a
12-month
period
Days of the
week service is
provided
Town of Tillsonburg and Ontario CTGP TPA
Schedule of
service (hours
of service and
frenuencv\
Municipalities
served by the
route
Connections to
other
transportation
services or
transportation
hubs, or both
Major
destinations
served (such
as hospitals,
employment
centres,
colleges,
universities,
maior retail\
Target
demographic
groups served
(e.g., seniors,
persons with
disabilities,
vouth, etc.\
[Other
performance
indicatorsl
A. DESCRIPTION OF THE COMMUNITY TRANSPORTATION PROJECT
B. IMPACT AND BENEFITS TO THE COMMUNITY
Town of Tillsonburg and Ontario CTGP TPA
SUB-SCHEDULE "F.4"
SERVICE SUSTAINABILITY PLAN
F.4.1.0 SERVICE SUSTAINABILITY PLAN
F.4.1.1 Content of Service Sustainability Plan. The Recipient will prepare and
provide to the Province a service sustainability plan, in a form provided by the
Province, that describes the strategy to maintain the community transportation
service(s) implemented as part of the Project after the Completion Date. The
plan will include:
(a) funding from other sources to fund the service(s);
(b) strategy forfundraising, including from fare revenues to fund the
service(s);
(c) strategy to work with community organizations to deliver service(s); and
(d) service modifications for sustainability.
F.4.1.2 Discontinuatio.n of Community Transportation Service(s). In the event the
Recipient is unable to maintain the community transportation service(s)
implemented as part of the Project after the Completion Date to a level that is
the same or above that provided under the Project, the Recipient will provide to
the Province, in a form provided by the Province, a description of the strategy it
will implement to mitigate the impacts of this change in service on the
clients/passengers.
F.4.1.3 Local Project and lntercommunity Project. If Funds are provided for both
Local Project(s) and lntercommunity Project(s), the plan must address both the
Local Project and the lntercommunity Project services.
F.4.1.4 Form of Service Sustainability Plan or Mitigation Strategy. Below is an
example of the form the Recipient will be required to complete for the service
sustainability plan or mitigation strategy. The Province may, at its sole
discretion and at any time, make changes to this form.
Town of Tillsonburg and Ontario CTGP TPA
FORM SERVICE SUSTAINABILITY PLAN
Name of Recipient: Eif'i1m
Report submitted by: [lQiiJttll
Telephone: ~h~~ij]
Email: [in~ert]
Submission date: [in~ert]
Service sustainability plan/Mitigation strategy: [insert]
Town of Tillsonburg and Ontario CTGP TPA
G1 .0 PURPOSE
SCHEDULE "G"
COMMUNICATIONS PROTOCOL
G1 .1 Purpose. This Schedule "G" (Communications Protocol) describes the
Recipient's responsibilities and financial obligations involved in communications
activities and products to recognize the contributions of the Government of
Ontario and the Recipient.
G2.0 GENERAL PRINCIPLES
G2.1 Joint Communications. The Recipient agrees to undertake joint
communications activities and collaborate on products to ensure open, effective,
and proactive communications.
G2.2 Recognition and Prominence. Unless the Province specifies otherwise, the
financial contribution of the Province will receive equal recognition and
prominence in Project related communications, including when logos, symbols,
flags, and other types of identification are incorporated into events signs.
G2.3 Announcements and Ceremonies. All announcements and ceremonies will be
organized jointly with equal participation from the Recipient and the Province.
G2.4 Electronic Media. All communications through electronic media such as web
sites, social media, or management information systems are subject to the terms
and conditions of this Schedule "G" (Communications Protocol).
G2.5 Communications Protocol and Other Requirements. All events and signage
will follow the communications protocols set out in this Schedule "G"
(Communications Protocol) and any other requirements that may be specified by
the Province from lime to time.
G2.6 Approval of Province. All communications referencing the Government of
Ontario must be submitted a minimum of 15 days in advance and approved by
the Province prior to release.
G3.0 PROJECT COMMUNICATIONS
G3.1 General. All written communications concerning the Agreement and the Project
will be prepared in a manner that supports the communications objectives and
branding of each Party to the Agreement.
Town of Tillsonburg and Ontario CTGP TPA
G3.2 Provincial Funding Statement. All public information material made by the
Recipient concerning the Agreement and Project will clearly indicate that the
Project is funded by the Government of Ontario.
G3.3 Project Promotion.
(a) The Recipient is responsible for the promotion of its activities and
objectives. The Recipient may provide at the Recipient's discretion, project
communications such as: a project web site, print, audiovisual and other
communications about the Project as it proceeds. The Recipient will
inform the Province of any such promotional communication a minimum of
15 days before it takes place. The Recipient will also ensure appropriate
recognition of the Province's contribution in annual reports, speeches or
other opportunities, as appropriate.
(b) The Recipient is solely responsible for operational communications
including emergency and public safety notices.
(c) The Recipient will share information promptly with the Province on
significant emerging media and stakeholder issues concerning the
Agreement and the Project. The Province will advise the Recipient, where
appropriate, about media inquiries.
(d) The Recipient and the Province reserve the right to refer to the Funds in
their own separate, and non-Project specific communications. Each Party
commits to acknowledging the other's involvement in the Project.
(e) The Recipient may provide professional quality audio-visual material about
the Project to the Province to support wider communications about the
Funds.
G4.0 COMMUNICATING WITH THE PUBLIC
G4.1 General.
(a) The Recipient will provide Notice to and consult with the Province, a
minimum of 15 days in advance, about all proposed news releases, social
and digital media communications activities, or public announcements
relating to the Project. This is to provide the Province with sufficient notice
of key communications and, if the Province so desires, the time that is
necessary to determine a course of action, line up principals and prepare
joint material. Notwithstanding the advance Notice requirement, the
Province will not unreasonably withhold its consent if the Recipient must
issue a news release or public announcement in less than 15 days due to
unforeseeable circumstances, including matters of public safety or the
need for emergency response.
Town of Tillsonburg and Ontario CTGP TPA
(b) The Recipient will advise the Province regularly of upcoming public events
or community relations activities relating to the Agreement. The Recipient
commits to acknowledging the Province's involvement.
(c) In the event of an election call that affects a riding that the Project is
located in, whether federal, provincial or municipal, no public
announcements will be permitted. For clarification, this does not include
announcements and communications made under paragraph G3.3(b).
G4.2 Signing of the Agreement. The Recipient and the Province may issue a joint
news release when the Agreement is signed. The Recipient and the Province
agree to hold, where appropriate, an official ceremony on this occasion.
G4.3 Public Information Kits. The Recipient and the Province may develop joint
information kits, brochures, public reports, social and digital content, and web site
material to inform the public about the Project. Such material will be prepared in
a manner consistent with this Schedule "G" (Communications Protocol) and any
core messages developed by the Recipient or the Province. The choice of colour
will be neutral in nature and not identified with any political party.
G4.4 News Releases. The Recipient and the Province may issue joint news releases
at relevant times in the life of the Project. In all such news releases, the Recipient
and the Province will receive equal prominence and will mutually agree on the
use of quotes from the designated representatives of the Province or the
Recipient in the news releases.
G4.5 News Conferences, Public Announcements, Official Events or Ceremonies.
(a) The Recipient and the Province agree to hold news conferences, public
announcements, official events or ceremonies at the request of the other.
The designated representative of each of the Recipient and the Province
will be provided the opportunity to participate in such news conferences.
(b) No public announcement relating to the Project, with the exception of
those Notices described in paragraph G3.3(b), will be made by the
Recipient without the prior consent of the Province.
(c) The Recipient and the Province will cooperate in the organization of
announcements or ceremonies. Messages and public statements for such
events are to be mutually agreed upon. The Province may recommend
special events and ceremonies be held where and when appropriate.
Town of Tillsonburg and Ontario CTGP TPA
G4.6 Visual Identity Signage for Vehicles Acquired with Funds. The Recipient will
install and maintain the exterior and interior visual identity signage, to be
provided by the Province, on vehicles for which Funds were provided. This is to
include replacement buses that have been supported through the Program.
External visual identity signage must be located immediately to the left of the
front passenger entrance doors of the vehicle. Internal visual identity signage
must be placed on an interior wall in a location and height that will be convenient
for passengers to read.
G4.7 Advertising. Recognizing that advertising can be an effective means of
communicating with the public, subject to the terms of the Agreement, the
Recipient or the Province may, at their own costs and upon 90-days Notice carry
out Project-related advertising or public information campaign.
G4.8 Monitoring and Compliance. The Province will monitor the Recipient's
compliance with this Schedule "G" (Communications Protocol), and may, at its
discretion, advise the Recipient of issues and required adjustments.
Town of Tillsonburg and Ontario CTGP TPA
SCHEDULE "H"
DISPOSAL OF VEHICLES ACQUIRED WITH FUNDS
H1 .1 Notification and Payment if Disposal. The Recipient undertakes to notify the
Province in writing, 180 days in advance, if, at any time within 12 years for a
conventional transit vehicle or 5 years for a specialized transit vehicle acquired
with Funds or for which Funds were provided, the Recipient proposes to sell,
lease, or otherwise dispose of the vehicle in a manner other than as described in
the Agreement. Upon disposal of the vehicle and unless the Province otherwise
consents in writing and at its sole discretion, the Recipient will return the funds
arising from the sale, lease or otherwise disposal to the Province.
H1 .2 Disposal to the Province, Local Government or Crown Agency. Despite
section H1 .1 (Notification and Payment if Disposal), the payment obligations set
out in section H 1.1 (Notification and Payment if Disposal) do not apply if a vehicle
is disposed of to the Province, a Local Government or a Crown agency of the
Government of Ontario.
H1 .3 Vehicle Replacement. Notwithstanding the foregoing, if any vehicle described
in section H1 .1 (Notification and Payment if Disposal) is sold, leased or otherwise
disposed of during the 12-year period for conventional vehicles or a 5-year period
for a specialized vehicle, and replaced to meet technical or operational
requirements of the Recipient with a vehicle of equal or greater value, the
Recipient may, in lieu of the repayment set out in section H 1.1 (Notification and
Payment if Disposal) and with the Province's prior written consent, reinvest the
proceeds from the disposal into the replacement vehicle.
Town of Tillsonburg and Ontario CTGP TPA