HomeMy WebLinkAbout05 192 OSTAR Funding Agree
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2005 -192
BEING A BY·LAW TO AUTHORIZE THE SIGNING OF
AN AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO AS REPRESENTED BY THE MINISTER OF AGRICULTURE,
FOOD AND RURAL AFFAIRS
(OST AR)
WHEREAS the Province of Ontario has enacted the Safe Drinking Water Act,
2002, O.Reg. 170/03, amended to O.Reg. 253/05, to protect human health
through the control and regulation of drinking-water systems and drinking-water
testing;
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 Section 11 (2)
authorizes municipalities to pass by-laws respecting matters within the sphere of
jurisdiction of water distribution;
AND WHEREAS the said Municipal Act, Sections 8 and 9 (1) provides
municipalities with powers of a natural person to enable them to govem their
affairs as they consider appropriate and to enhance their ability to respond to
municipal issues;
AND WHEREAS the Govemment of Ontario created the Ontario Small Town and
Rural Development (OSTAR) Infrastructure Initiative to improve the quality of
infrastructure in Ontario's small towns, rural communities and small cities;
AND WHEREAS it has been determined that upgrades were required for the "In-
Lieu" project for Craig-Eskrick, Kinhuron, Lake Huron Highland and Port Head
Estates well supplies; the Kincardine Water Treatment Plant; Scott's Point Well
Supply; Tiverton Well Supply and Underwood Well Supply to comply with the
. Province of Ontario's Drinking Water Systems Regulation;
AND WHEREAS the Council for the Corporation of the Municipality of
Kincardine, deemed it advisable to apply for funding for capital work to meet the
health-based standards and minimum level of treatment requirements for these
upgrades;
AND WHEREAS the Council for The Municipality of Kincardine deems it
advisable to enter into a funding agreement with her Majesty the Queen in Right
of Ontario as represented by the Minister of Agriculture, Food and Rural Affairs to
define the terms and conditions of a funding agreement for the upgrade of the
eight municipal water systems under the OSTAR Infrastructure Initiative which is
attached to this By-law as Schedule "A";
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OST AR Agreement By-law
By-law No. 2005 - 192
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Municipality of Kincardine enter into an agreement with Her Majesty
the Queen in Right of Ontario as represented by the Minister of Agriculture,
Food and Rural Affairs.
2. That the Mayor and Treasurer be authorized to sign, on behalf of The
Corporation of the Municipality of Kincardine, the Agreement with Her Majesty
the Queen in Right of Ontario as represented by the Minister of Agriculture,
Food and Rural Affairs, attached to this by-law as Schedule "A".
3. This By-law shall come into full force and effect upon receipt by the
Municipality of Kincardine of a duly signed copy of an agreement with the
Minister of Agriculture, Food and Rural Affairs for the Province of Ontario.
4. This By-law may be cited as the "OSTAR (Water Upgrades) Funding
Agreement By-law".
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 21st day
of December, 2005.
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Mayor '
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This is Schedule" .IL ' to By-Law
No.o1005 ~/9'¡passed the .:.tJ.¥ day
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Mayor Clerk o.,~ Water
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TIllS AGREEMENT made in quadruplicate as of the ~ day of
v¡~- ,2001
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHf OF ONTARIO
as represented by the Minister of Agriculture, Food and Rural Affairs
referred to herein as the "Ministry"
AND:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
referred to herein as the "Recipient"
WHEREAS the Government of Ontario is investing in Ontario's infrastructure;
AND WHEREAS the purpose of the OST AR Infrastructure Initiative is to improve the quality
of infrastructure in Ontario's small towns, rural communities and small cities;
AND WHEREAS the priority for Round 1 of OST AR is addressing public health and safety
issues;
AND WHEREAS the objectives for the OSTAR Infrastructure Initiative include addressing
infrastructure investment needs, including public health and safety priorities, investing in
strategic infrastructure projects that support rural and urban economic development, finding new
and better ways to finance and deliver infrastructure, including greater use of public-private
partnerships and improving infrastructure planning and management;
AND WHEREAS Round 1 consists of two options. Under Option 1, Recipients may choose to
apply for funding to comply with Ontario Regulation 170/03 made pursuant to the Safe Drinking
, Water Act, 2002, S.O. 2002, Chap. 32 or with orders from the Ministry of the Environment for
capital works that go beyond the current Certificate of Approval for water treatment facilities.
Under Option 2, Recipients that are in compliance with or have committed to be in compliance,
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with Onfärio Regu~~ 170/03 rìïãaè-p~arit to the Safe Drinking Water Act, 2rZ, S.O. 2002,
Chap. 32 or with orders from the Ministry òf the Environment may apply for fun ing for other ~
infrastructure projects to address public health and safety issues;
AND WHEREAS the purpose of the Canada-Ontario Infrastructure Program is t ¡ improve
urban and rural municipal infrastructure in Canada and Ontario through investmeþts that enhance
the quality of Canada's environment, suppOrt long-term economic growth, improte community
infrastructure and build 21 st century infrastructure through best technologies, ne~ approaches
and best practices; i
AND WHEREAS the Recipient has chosen to apply for Financial Assistance for the capital
work to meet the health-based standards and minimum level of treatment require ents;
AND WHEREAS this Agreement defines the terms and condiûons of a financial contribution to
assist with the Project; and
AND WHEREAS the OST AR Infrastructure Initiative is being administered by
e Ministry;
NOW THEREFORE in consideration of the mutual covenants and agreements
and other good and valuable consideration (the receipt and sufficiency of which i
acknowledged), the parties covenant and agree as follows:
rein contained
hereby
This Agreement, including:
Schedule "A" - General Terms and Conditions
Schedule "B" - Description of the Project
Schedule "C" - Eligible Costs
Schedule "D" - Budget
Schedule "E" - Project Schedule
Schedule "F' - Financial Assistance
Schedule "0" - Federal Requirements
Schedule "H" - Addiûonal Provisions
Schedule "f' - Communications Requirements
Schedule "J" - Progress Report
Schedule "K" - Claim Report
Schedule "L" - Expenditure Report
Schedule "M" - Final Report
constitutes the entire agreement between the parties with respect to the subject ma er contained
in this Agreement and supersedes all prior oral or written representations and agre ments.
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IN WITNESS WHEREOF, the Ministry and the Recipient have respectively executed and
delivered this Agreement on the date set out above.
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
as represented by the Minister of Agriculture, Food and Rural Affairs by:
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Name. Leona Dombrowsky 7
Title: Minister
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Date
MUNICIPALITY NAME:
TIlE CORPORATION OF THE MUNICIPALITY OF
KINCARDINE
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Name: Glenn R. Sutton
.' /1//1\tle: Mayor
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Name:- 'Brenda R.C. French
Title: Treasurer
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IIwe have authority to bind the Recipient
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SCHEDULE "A"
GENERAL TERMS AND CONDITIONS
SECTION 1
DEFINITIONS AND INTERPRETATION
1.1 Definitions. When used in this Agreement (including the cover and exec tion pages and
all of the schedules), the following terms shall have the meanings ascribe to them below
unless there is something in tile subject matter or context inconsistent the with:
"Act" means Freedom of Information and Protection of Privacy Act (Ontario).
"Adjust the Financial Assistance" means adjust the amount of the Financial As stance on the
Project or the amount of financial assistance for any other project(s) of the Recipi nt under any
round of the OST AR Infrastructure Initiative, or any other provincial program( s) either current
or future), and/or reqnire repayment for some or all of the Financial Assistance of the Project in
an amount to be determined by the Ministry and within the period specified by th Ministry.
"Agreement" means this agreement, including the cover and execution pages an all of the
schedules hereto, and all amendments made hereto in accordance with the provisi nshereof.
"Allowable Financial Assistance" has the meaning given to it in Section 8.1 of . s Agreem~ ".
"Budget" means the Project budget set out in Schedule "D" hereto. \ ¿-=;;.¿
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"Business Day" means any day on which Government of Ontario offices generall are ~ for
business in the Province of Ontario. ~. .
"Communication Requirements" means the communication requirements set ou in Schedule
"f' hereto, or as directed by the Ministry from time to time.
"Consultant" means any consultant, engineer, contractor, project manager, archit
service provider, as the case may be, retained by the Recipient to undertake any p
related to the Project.
t or other
of the work
"Crown Agency" means a crown agency as defined in the Crown Agency Act (On
"Contract" means a Contract between a recipient and third party whereby the Ja
contribute a product or service to a Project in return for financial consideration th
claimed as an Eligible Cost.
"Eligible Cost" has the meaning given to it in Section 3 of this Agreement and Sc edule "C".
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"End of Financial Assistance Date" means March 31, 2007.
"Environmental Contaminant" means any hazardous or toxic substance or material including,
without limitation, products of waste, contaminants, pollutants, dangerous substances, noxious
substances, toxic substances, hazardous wastes and flammable, explosive or improperly handled
friable materials.
"Environmental Laws" means all applicable federal, provincial or municipal laws, regulations,
by-laws, orders, rules, policies or gnidelines respecting the protection of the natural environment,
public or occupational health or safety, and the manufacture, importation, handling,
transportation, storage, disposal and treatment of Environmental Contaminants and include,
without limitation, the Environmental Protection Act (Ontario), the Environmental Assessment
Act (Ontario), the Ontario Water Resources Act, the Canadian Environmental Protection Act
1999, the Canadian Environmental Assessment Act, the Fisheries Act (Canada) and the
Navigable Waters Protection Act (Canada).
"Event of Default" has the meaning given to it in Section 15 of this Agreement.
"Expiration Date" means March 31, 2007.
"Federal Maximum Financial Assistance" has the meaning set out in Schedule "F' hereto.
"Federal Share" has the meaning set out in Schedule "F' hereto.
"Final Report" has the meaning given in section 6.4 of this Agreement.
"Final-Report Date" means December 31, 2006.
"Financial Assistance" means the funds to be advanced by the Ministry to the Recipient
pursuant to this Agreement.
"Fiscal Year" means the period beginning on April 1 of a year and ending on March 31 of the
following year.
"Generally Accepted Accounting Principles" means Canadian Generally Accepted Accounting
Principles as adopted by the Canadian Institute of Chartered Accountants, applicable as at the
date on which such calculation is made or required to be made in accordance with Generally
Accepted Accounting Principles.
"Licensed Marks" has the meaning given to it in Section 13 of Schedule "A" and Section 7 of
Schedule "0" (where applicable) to this Agreement.
"Maximum Financial Assistance" has the meaning set out in Schedule "F' hereto.
"Ministry" has the meaning given to it on the fIrst page of this Agreement.
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"Municipality" means a municipality as defined in the Municipal Act, 2001 (On '0) and also
includes local services boards as defined in the Northern Services Boards Act (0 tario) and other
appropriate local authorities in unorganized areas.
"Ontario Maximum Financial Assistan~" has the meaning set out in Schedule "F' hereto.
"Ontario Share" has the meaning set out in Schedule "F' hereto.
"OSTAR Infrastructure Initiative" has the meaning given to it on the first pag
Agreement.
"Payment Certifier" means a payment certifier as defmed in the Construction n Act
(Ontario).
"Progress Report" has the meaning given to it in Section 6.1 of this Agreement.
"Project" means the project described in Schedule "B" hereto.
"Project Schedule" means the schedule set out in Schedule "E" hereto.
''Quarterly Reporting" has the meaning given to it in Section 4.3 of Schedule" "hereto.
"Recipient" has the meaning given to it on the first page of this Agreement.
"Senior Goverument Share" has the meaning set out in Schedule "F' hereto.
"SubstantiaUy Performed" has the meaning set out in and shall be determined i accordance
with subsection 2(1) of the Construction Lien Act (Ontario).
"Total Eligible Costs" has the meaning set out in Schedule "F' hereto.
1.2 Herein, etc. The words "herein", "hereof' and "hereunder" and other wor of similar
import refer to this Agreement as a whole and not to any particular schedu e, article,
section, paragraph or other subdivision of this Agreement.
1.3 Currency. Any reference to currency is to Canadian currency and any am unt advanced,
paid or calculated is to be advanced, paid or calculated in Canadian curren y.
1.4 Statutes. Any reference to a statute is to such statute and to the regulation made
pursuant to such statute as such statute and regulations may at any time be þ¡nended or
modified and in effect and to any statute or regulations that may be passed at have the
effect of supplementing or superseding such statute or regulations.
1.5 Gender, singular, etc. Words importing the masculine gender include the eminine or
neuter gender and words in the singular include the plural, and vice versa.
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1.6 Ministry Approvals. Any reference to, or requirement for, the approval of the Ministry in
this Agreement or in any schedule shall be deemed to require the prior and express
written approval of the Ministry.
SECTION 2
TERM OF AGREEMENT
2.1 Term. Subject to any extension or termination of this Agreement or the survival of any
of the provisions of this Agreement pursuant to the provisions contained herein, this
Agreement shall be in effect from the date set out on the first page of this Agreement, up
to and including the Expiration Date.
2.2 End of Fi1umcial Assistan€e Date. Notwithstanding anything in this Agreement and no
matter what the state of completion of the Project, the Ministry shall not be obligated to
provide Financial Assistance under this Agreement after the End of Financial Assistance
Date.
SECTION 3
ELIGmLE COSTS
3.1 Eligible Costs. In order for a cost or expenditure to be eligible for Financial Assistance
(an "Eligible Cost") pursuant to this Agreement, the cost or expenditure must:
a) be reasonable;
b) be directly related to the Project described in Schedule "B". For greater certainty,
where Schedule "B" identifies a portion of the works that are specifically
excluded from the description of the Project under this Agreement, the costs
associated with that portion of the works are not eligible;
c) be specifically identified in the Budget;
d) be a cost or expenditure that would not otherwise have been incurred by the
Recipient;
e) have been incurred after August 10, 2000 for the Ontario Share of Financial
Assistance and after October 25, 2000 for the Federal Share of Financial
Assistance and in both cases no later than March 31, 2006, except where
otherwise expressly approved by the Ministry; and
f) be an actual cash outlay to third parties at arm's length from the Recipient for
work actually performed that can be documented through paid invoices or
receipts.
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3.2 Discretion of Ministry. Subject to Section 3.1, the eligibility of any item not listed in
Schedule "c" to this Agreement will be determined in accordance with Ministry
policies and guidelines. The [mal eligibility of items claimed is at the sol discretion of
the Ministry. The Recipient should consider consulting with Ministry st f when in doubt
over specific items prior to making expenditures.
3.3 Retention of Receipts. The Recipient shall retain all evidence (such as in oices, receipts,
etc.) of payment related to Eligible Costs and such supporting documenta . on must be
available to the Ministry when requested and maintained by the Recipient for audit
purposes.
3.4 Ineligible Costs. Notwithstanding anything else contained herein, the fol
and expenditures are not eligible for Financial Assistance pursuant to this
a) any portion of the worbwhich, in the opinion of the Ministry, d s not relate to
the infrastructure problems that cause an immediate and serious is ue for human
health or the environment (for example, costs related to accomm ating growth
are not eligible);
b)
costs claimed under another Ministry or federal contribution pro
contribution program orjoint federallprovincial contribution pro
claims to the Northern Ontario Heritage Fund Corporation; and
, provincial
except for
c)
costs claimed on another project under the OST AR Infrastructure
applicable to more than one project must be split or prorated.
itiative. Costs
3.5 Deemed ineligible. The Recipient acknowledges that the Ministry's fiscal ear ends on
March 31 in each year, and that should an Eligible Cost not be submitted y the Recipient
for payment of Financial Assistance before March 31 of the year followin the fiscal year
in which it was incurred, such Eligible Cost shall be deemed ineligible for inancial
Assistance.
3.6 Clarification. For clarity, the Recipient hereby expressly acknowledges th t the inclusion
of an item in the Budget does not necessarily mean that such item is an Eli 'ble Cost.
Where there is a conflict between the Budget and this Article, the provisio s of this
Article shall prevail.
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SECTION 4
FINANCIAL ASSISTANCE
4.1 Use of Financial Assistalu:e. The Financial Assistance is intended for and shall be used
only for Eligible Costs.
4.2 Basis of pay-out of Financial Assistalu:e. The Financial Assistance will be provided by
the Ministry to the Recipient on the basis set out in Schedule "F'.
4.3 Quarterly Reporting. The Recipient is required to submit quarterly cashflow reports to
the Ministry as provided for in Section 6.1.3 on or before June 15th, September 15th,
December 15th and March 15th of each Fiscal Year prior to the Ministry releasing any
Financial Assistance.
4.4 Funds advanced. If Financial Assistance is provided by the Ministry prior to the
Ministry receiving evidence that the associated Eligible Costs have already been paid by
the Recipient, then such Financial Assistance, including all interest eamed thereon,
remains the property of the Ministry and must be held by the Recipient in an interest
bearing account pending payment of Eligible Costs. Without limitation, any payment of
Financial Assistance that is made to the Recipient without the requirement of the
Recipient fIrst providing the Ministry with either a Progress Report or a Final Report
must meet the requirements of this Section.
4.5 Maximum Financial Assistalu:e. The total amount of Financial Assistance provided to
the Recipient shall in any event be no greater than the Maximum Financial Assistance.
4.6 Excess funds. Where actual costs are lower or appear likely to be lower than the total
eligible expenditures identified in the Budget, or where additional funding is secured
from other government sources such that the funds available to the Recipient for the
Project (other than the Financial Assistance) exceed the Maximum Financial Assistance,
the Recipient shall immediately notify the Ministry. The Ministry may, in its sole
discretion, Adjust the Financial Assistance on the Project.
4.7 Interdependent projects. Where implementation of the Project is dependent on
completion of a project by others and the interdependent project is not completed by
others in whole or in part, the Ministry may, in its sole discretion, Adjust the Financial
Assistance for the Project.
4.8 Recipient Mt carrying out Project The Recipient shall immediately notify the Ministry
if it does not intend to carry out the Project in whole or in part as specified in Schedule
"B" in which case the Ministry may, in its sole discretion, Adjust the Financial
Assistance for the Project.
4.9 New Information. In the event of new information, errors, omissions or other
circumstances affecting the determination of the amount of Financial Assistance under
this Agreement, the Ministry may, in its sole discretion, Adjust the Financial Assistance
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for the Project.
4.10 Alternatives to Project. If the Recipient becomes aware of any alternativ s to the Project
that are more cost effective (for example, an area/joint servicing scheme), the Recipient
shall immediately notify the Ministry, in which case the Ministry may, in ts sole
discretion, Adjust the Financial Assistance. Likewise, if the Ministry bee mes aware of
any alternatives to the Project that are more cost effective, the Recipient ill be notified
and the Ministry may, in its sole discretion, Adjust the Financial Assistan e.
4.11 GST. The Financial Assistance is based on the net amount of goods and rvices tax to
be paid by the Recipient pursuant to the Excise Tax Act (Canada), net of y applicable
rebates.
4.12 Withholding payment. The Ministry may, in its sole discretion, withhold ayment of
Financial Assistance where the Recipient is in default in obtaining any ne ssary permits,
approvals or licenses applicable to the Project or is in default of complian e with any
provisions of this Agreement or any applicable legislation.
4.13 Insufficient funds provided by the Legislature. If, in the opinion of the . nistry, the
Legislative Assembly of Ontario does not provide sufficient funds to conti ue the
Financial Assistance for any fiscal year during which this Agreement is in ffect, the
Ministry may terminate this Agreement in accordance with the terms spec led in Section
15.5 of Schedule "A" of this Agreement.
SECTION 5
PROJECf A WARD, MANAGEMENT AND COMPLETION
5.1 Recipient fuOy responsible. The Recipient shall be fully responsible for e undertaking,
implementation and completion of the Project and shall retain any and all onsultants
reasonably required to undertake a project of the size, scope and complexi of the
Project. Where implementation of the Project is dependent on completion f a project by
others, the Recipient shall be fully responsible for obtaining any assurance that it may
require from others in relation to the implementation of the Project by the ecipient.
5.2
Ministry not responsible for implementation. The Ministry shall not be
any way whatsoever for the undertaking, implementation and completion
or any interdependent project of others.
ponsible in
the Project
5.3 Ministry not responsible for costs. The Ministry shall not be responsible ~ r any costs
associated with the operation, maintenance and repair of the Project nor fo any claims as
arising from the tender and bidding process.
5.4 Behaviour of Recipient. The Recipient shall carry out the Project in an eco omical and
businesslike manner, in accordance with this Agreement and in particular, ut without
limitation, in accordance with the Budget and the Project Schedule subject 0 any
reasonable changes that the Ministry may agree to or require from time to t e in writing.
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5.5 Competitive process. The Recipient shall acquire all equipment, services and supplies
required for the Project through a competitive process that ensures the best value for
funds expended. For equipment, services and supplies the estimated cost of which
exceeds $25,000.00 the Recipient shall obtain at least three written quotes unless:
a) the expertise the Recipient is purchasing is specialized and is not readily
available; or
b) the Recipient has recently researched the market for a similar purchase and knows
prevailing market costs for the equipment, services or supplies purchased.
5.6 Competitive tender. Except as otherwise approved by the Ministry, all portions of the
construction component of the Project (including materials and equipment) shall be
competitively and openly tendered, as deemed by the Ministry, to competent contractors
capable of completing the construction component of the Project, and the contract will be
awarded to the lowest qualified bidder or, where the bid price is not the sole specified
selection criterion, the highest ranked bidder.
5.7 Trade Agreements. If the Recipient is subject to any provincial or federal trade
agreements to which the Government of Ontario is a party, the Recipient shall comply
with all of the applicable requirements of such trade agreements. In particular, and
without limitation, if the Recipient is subject to Annex 502.4 of the Agreement on
Internal Trade, the Recipient shall comply with all of the applicable requirements of that
Annex. In the event of any conflict between the requirements of Sections 5.5 and 5.6 of
this Agreement and the requirements referenced in this Section 5.7, the requirements
referenced in this Section 5.7 shall apply.
5.8 Long-term capital management plim. The Recipient shall prepare and update annually
thereafter a long-term capital asset management plan which outlines how the Recipient
intends to meet its fmancial and other commitments for maintaining the asset on an
ongoing basis, including plans to recover the full operating costs through service charges
where appropriate. Upon request, the Recipient shall provide to the Ministry a copy of
the current long-term capital management plan.
5,9 Final cloims. The Recipient shall submit the fmal claims with the required
documentation for approval, cost reviews, audits and settlement within 3 months of
completion of the Project and no later than the Final Report Date or such longer period as
is specified in writing by the Ministry. Upon completion of the cost reviews, audits and
settlement, the Ministry shall not be obligated to consider any further claims in relation to
the Project. The Recipient shall also submit, upon request, the required documentation
for approval, cost reviews and audits on an interim basis.
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SECTION 6
REPORTING REQUIREMENTS
6.1 Quarterly Submission. Every quarter the Recipient shall submit a series f reports for
the Project to the Ministry, which shall be referred to in the aggregate as e "Quarterly
Submission", on or before June 15th, September 15th, December 15th and arch 15th of
each Fiscal Year, as requested by the Ministry, and the Recipient shall fo ow such
administrative procedures as are specified from time to time by the Minis . For bridge
infrastructure projects, additional submissions may be required during the design phase of
the Project, as described in Schedule "H". All Quarterly Submissions sh I be in a form
satisfactory to the Ministry and shall include the following reports:
1. Progress Report. The Recipient shall provide the Ministry with a repo in the form
set out in Schedule "I" (the "Progress Report") which shall contain suffici nt information
to allow the Ministry to assess the progress of the Project. The Progress port shall be
in a form satisfactory to the Ministry and shall include:
a) a detailed description of the progress of the Project to the date of the r port;
b) particulars of how the Communication Requirements have been imple ented or
applied;
c) a certificate by a Payment Certifier or the chief financial officer of the ecipient
certifying the percentage of the Project completed;
d) details of any variance from the Project, the Budget and/or the Project chedule; and
e) any other information respecting the Project that may be requested by e Ministry.
2. Claim Report. The Recipient shall provide the Ministry with a report i the form set
out in Schedule "K" (the "Claim Report") on the invoices received and pai for the
Project as at the date of the payment request which shall contain sufficient nformation to
allow the Ministry to assess the eligibility of that portion of the Project for hich
disbursement is being requested and the individual Project tasks and Miles ones. The
Claim Report shall be in a form satisfactory to the Ministry and shall inclu e:
a) an invoice summary, in the form prescribed by the Ministry;
b) a list of the vendor from which the invoice was received;
c) a description of the type of work performed for each invoice; and
d) when requested, all original invoices and receipts for the Project.
3. Expenditure Reporl. The Recipient shall provide the Ministry with a re rt in a form
set out in Schedule "L" (the "Expenditure Report") which shall contain suf lcient
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information to allow the Ministry to assess the accrued and projected cash requirements
of the project. The Expenditure Report shall be in a form satisfactory to the Ministry and
shall include:
a) a summary of actual accrued expenditures from onset of the Project to current date;
and
b) a summary of projected expenditures from current date to the project completion
date.
6.2 Annual Financial Statement. Within 30 days of March 31 of each year in which Eligible
Costs are incurred, the Recipient shall provide to the Ministry an interim unaudited
"Annual Financial Statement" showing Project expenditures and revenue, prepared by a
qualified person.
6.3 Final Report. Within three months of the Project becoming Substantially Performed and
no later than the Final Report Date or such longer period as is specified in writing by the
Ministry, the Recipient shall submit to the Ministry a fmal report for the Project in the
form set out in Schedule "M" (the "Final Report") and the Recipient shall follow such
administrative procedures as are specified from time to time by the Ministry. The final
report shall be in a form satisfactory to the Ministry and shall include:
a) a detailed description of the Project as completed, including photographs;
b) particulars of how the Communication Requirements have been implemented or
applied;
c) a final unaudited financial statement showing Project expenditures and revenue,
prepared by a qualified person;
d) a certificate by a Payment Certifier or the chief fmancial officer of the Recipient
certifying that the Project has been Substantially Performed;
e) an invoice summary, in the form prescribed by the Ministry;
o when requested, all original invoices and receipts for the Project;
g) details of any variance from the Project, the Budget and/or the Project Schedule; and
h) any other information respecting the Project that may be requested by the Ministry,
including, but not limited to, audited financial statements.
Upon receipt of the Final Report, the Ministry shall not be obligated to consider any
further claims in relation to the Project.
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6.4 Subsequent report. Within 18 months and no earlier than 12 months fro the Project
becoming Substantially Perfonned, the Recipient shall provide to the Mi istry a report
indicating how the Project's objectives identified in the OST AR Initiativ , Round 1
Application process have been achieved.
SECTION 7
RECORDS AND AUDIT
7.1 Separate records. The Recipient shall maintain separate records and doc mentation for
the Project and keep all records and documentation for 3 years after the fi al settlement
of accounts referred to in section 5.9 of Schedule "A" of this Agreement. Upon request,
the Recipient shall submit all records and documentation relating to the ~ect including,
but not limited to, work authorizations, invoices, time sheets, payroll rec rds, estimates
and actual cost of the activities cartied out pursuant to this Agreement, to ether with
tenders and proposals, final measurements, payment certificates, change rders,
correspondence, memoranda, contracts and amendments thereto which s all be
maintained in accordance with Generally Accepted Accounting Principle .
7.2 Provide records to Ministry. The Recipient shall make available and pro ide, upon
request, at the Recipient's expense (including but not limited to photoco ing, electronic
media, transportation and postage, associated staff time, information retri val and other
office expenses) all records and documentation (including invoice su 'es and
certified statement of fmal costs) of the Recipient and its auditors, contr tors, project
managers and consultants relating to the Project or any other project(s) 0 the Recipient
under any round of the OSTARInfrastructure Initiative, or any other pro incial
program(s), for the purposes of cost reviews, audits and settlement, as d med by the
Ministry, of the Project or any other project(s) of the Recipient under an round of the
OST AR Infrastructure Initiative, or any other provincial program(s); suc material to be
provided to the Ministry and other ministries of the Province of Ontario may be
requested from time to time, all in a form and manner satisfactory to the . nistry and
other ministries of the Province of Ontario, as applicable.
7.3 External auditor. The Ministry may reqnire the assistance of an extern
out an audit of the material referred to in Sections 7.1 and 7.2 of Schedul "A" of this
Agreement. If so, the Recipient shall, upon request, retain an external au itor acceptable
to the Ministry. The Recipient shall ensure that any auditor who conduct an audit
pursuant to this section of the Agreement or otherwise, provides a copy 0 the audit report
to the Ministry for its consideration at the same time that the audit report s given to the
Recipient.
7.4 Information. The Recipient sha11 supply, upon request, such informatio in respect of
the Project and its results including without limitation all contracts and a ments
related to the Project and all plans and specifications related to the Projec as the
Ministry may require. The Ministry, its agents and employees, including the Provincial
Auditor's Office, shall be allowed access to the Recipient's premises and staff and to the
site to (i) inspect the progress and monitor the Project; (ii) perform cost r views and
14
audits on the Project; and (iü) confirm the results of the Project in terms of resolving the
infrastructure problems that cause an immediate and serious problem for human health or
the environment.
7.s Information conditWn precedent for payment. If, in the opinion of the Ministry, any of
the information requirements of this Article are not met, the Ministry may, in its sole
discretion, require the information as a condition precedent to any payment in relation to
the Project or any other project(s) of the Recipient under any round of the OST AR
Infrastructure Initiative, or any other provincial program(s) (either current or future). In
addition, the Ministry may, in its sole discretion, Adjust the Financial Assistance for the
Project.
SECTION 8
OVERPAYMENT
8.1 AUowable Financüù Assistance. Funds advanced to the Recipient prior to settlement in
accordance with Section 5.9 of Schedule "A" of this Agreement shall not be construed as
a final determination of the amount of Financial Assistance applicable to the Project.
Upon conducting a [mal cost review or audit of the Project, the Ministry will determine
the final amount of Financial Assistance on the Project (the "Allowable Financial
Assistance"). The Recipient agrees to repay to the Ministry, upon receipt of a written
demand and within the period specified by the Ministry, that portion of the total of the
funds advanced that exceeds the Allowable Financial Assistance applicable to the Project,
as determined by the Ministry, as well as any funds used for a purpose other than that
stated in the terms of this Agreement, as determined by the Ministry.
8.2 Deduction of overpayment. The Ministry may deduct any overpayment of Financial
Assistance pursuant to Section 8.1 made on the Project from financial assistance payable
on any other project(s) of the Recipient under any round of the OST AR Infrastructure
Initiative or other provincial Initiative(s) (either current or future). Any overpayment
made on any other project(s) of the Recipient under any round of the OSTAR
Infrastructure Initiative or other provincial program(s) (either current or future) may in
turn be deducted from Financial Assistance owing on the Project.
8.3 Interest on overpayment. The Ministry reserves the right to demand interest on any
overpayment of Financial Assistance owing by the Recipient under the terms of this
Agreement at the then-current interest rate charged by the Province of Ontario on
accounts receivable. The Recipient shall pay the amount of interest owing upon receipt
of a written demand and within the period specified by the Ministry.
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SECTION 9
INSURANCE AND BONDING
9.1 Insurance. The Recipient shall put in effect and maintain in full force an effect or
cause to be put into effect and maintained for the period during which thi Agreement is
in effect, with insurers acceptable to the Ministry, all the necessary insur ce that would
be considered appropriate for a prudent Recipient of this type undertakin a project
similar to the Project, including, without limitation:
a)
Comprehensive General Liability Insurance to an inclusive limit
five million ($5,000,000.00) dollars per occurrence for property,
injury and personal injury including, at least, the following policy
not less than
ge, bodily
ndorsements:
(i) Her Majesty the Queen in right of Ontario as an additional insured
for the purposes of the Project only;
(ii) Cross Liability;
(iii) Contractual Liability;
(iv) Independent Contractors;
(v) Products and Completed Operations;
(vi) Employer's Liability and Voluntary Compensation;
(vii) 30 day written notice of cancellation;
(viii) Tenants Legal Liability (if applicable); and
(ix) Non-owned automobile coverage with blanket contractual
physical damage coverage for Hired Automobiles.
b) Property insurance to a limit commensurate to the full replacemen cost value of
the asset on an "All Risks", Earthquake and flood insurance will required only
by those municipalities in the designated Ontario earthquake zone. The policy
must include the following:
(i) Replacement Cost Value; and
(ii) Stated Amount Co-Insurance.
c) Professional/Consultants Errors & Omissions Liability Insurance, nsuring
liability for errors and ol11Ìssions in the performance or failure to rform
professional services contemplated in this Agreement, in the amou t of not less
than $2,000,000 per claim and in the annual aggregate.
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9.2 Certificates of InsurtUU:e. Prior to any scheduled payment of Financial Assistance
pursuant to this Agreement and throughout the term of this Agreement, the Recipient
shall provide the Ministry with a valid Certificate of Insurance that references the Project,
confirms the above requirements and identifies major exclusions in the policy.
9.3 Preflows. Notwithstanding Sections 9.1 and 9.2, where Financial Assistance is provided
in accordance with Section 4.4 of Schedule "A" of this Agreement, a Certificate of
Insurance must be provided by the Recipient no later than 60 days after the date that the
advance was made, failing which the Ministry may Adjust the Financial Assistance.
9.4 Professional liability. The Recipient shall provide the Ministry a copy of the policy and
any renewal or replacement certificates as may be necessary.
9.5 Bonding. The Recipient shall put in effect and maintain in full force and effect or cause
to be put into effect and maintained in full force and effect during the term of this
Agreement,
a) a performance bond in the amount of 100% of the contract price for any
construction contract related to the Project and which is for an amount greater
than $150,000 covering the performance of that construction contract and the
correction of any deficiencies; and
b) a labour and material payment bond in the amount of 50% of the contract price
for any construction contract related to the Project and which is for an amount
greater than $150,000 covering the payment for labour, material or both.
SECTION 10
INDEMNITY
10,1 Ministry not liable. In no event shall the Ministry be liable for:
a) any bodily injury, death or property damage to the Recipient, its employees,
agents, or Consultants or for any claim, demand or action by any third party
against the Recipient, its employees, agents, or Consultants, arising out of or in
any way related to this Agreement or the Project; or
b) any incidental, indirect, special or consequential damages, or any loss of use,
revenue or profit to the Recipient, its employees, agents, or Consultants arising
out of or in any way related to this Agreement or the Project.
10.2 Recipient to indemnify. The Recipient agrees to indemnify and hold harmless Her
Majesty the Queen in right of Ontario, Her directors, officers, employees and agents from
and against all suits, judgments, claims, demands, expenses actions, causes of action and
losses (including, without limitation, reasonable legal expenses and any claim for lien
made pursuant to the Construction Lien Act (Ontario» and for any and all liability for
damages to property and injury to persons (including death) which Her M~esty the
17
Queen in right of Ontario, Her directors, officers, employees and agents
otherwise than by reason of their own negligence or wilful misconduct,
arising out of or in relation to any breach by the Recipient of the terms of
or the Recipient's own negligence or wilful misconduct.
ay incur,
a result of or
. s Agreement,
10.3 Further Indemnity. The Recipient further agrees to indemnify and hold armless Her
Majesty the Queen in right of Ontario, Her directors, officers, employees d agents, for any
incidental, indirect, special or consequential damages, or any loss of use, venue or profit,
which Her Majesty the Queen in right of Ontario, Her directors, officers, mployees and
agents may incur, otherwise than by reason of their own negligence or wi ul misconduct, as
a result of or arising out of or in relation to any breach by the Recipient 0 the terms of this
Agreement, or the Recipient's own negligence or wilful misconduct.
SECTION 11
TRANSFER OF ASSET
11.1 Transfer of ownership. The Recipient shall not transfer the ownership of all or part of
the asset established with the Financial Assistance from the Ministry. An transfer of
ownership in contravention of this provision gives the Ministry the right t Adjust the
Financial Assistance.
11.2 Exception. Section 11.1 of this Agreement does not apply to a transfer of wnership to
another municipality, public utility commission or local services board prQvided that (i)
the Recipient obtains the consent of the Ministry; and (ii) the Recipient, makes
arrangements satisfactory to the Ministry regarding consent of the Ministry and the
obligation to repay the Ministry referred to in Section 11.1. Any transfer 'f ownership by
the Recipient in contravention of this provision does not relieve the Recipi nt of its
obligation under Section 11.1 to repay the Ministry for some or all of the inancial
Assistance in the amount determined by the Ministry and within the peri specified by
the Ministry.
11.3 Deduction from Financûd Assistance. The Ministry may deduct the amo nt of
Financial Assistance to be repaid under Section 11.1 from Financial Assis ce payable
on any other project(s) of the Recipient under any round of the OSTAR In astructure
Initiative or any other provincial program(s) (either current or future).
SECTION 12
CONFLICT OF INTEREST AND CONFIDENTIALITY
12.1 No conflict of interest. The Recipient and its Consultants and any of their spective
advisors, partners, directors, officers, employees, agents and volunteers sh I not engage
in any activity or provide any services where such activity or the provision f such
services creates a conflict of interest (actually or potentially in the sole opi . on of the
Ministry) with the provision of services under this Agreement. The Recipi nt
acknowledges and agrees that it shall be a conflict of interest for it to use c nfidential
information of the Crown relevant to the Project or otherwise where the Mi istry has not
18
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specifically authorized such use. For greater certainty, and without limiting the forgoing,
a conflict of interest includes a situation where anyone associated with the Recipient is
able to benefit financially from the Project or where such a person owns or has an interest
in an organization that is carrying out work related to the Project.
12.2 Disclose potential conflict of interest. The Recipient shall disclose to the Ministry
without delay any actual or potential situation that may be reasonably interpreted as
either a conflict of interest or a potential conflict of interest.
12.3 Freedom of Information and Protection of Privacy Act. The Recipient acknowledges
that the Ministry is bound by the provisions of the Act and regulations thereunder.
SECTION 13
COMMUNICATION AND RECOGNITION
13.1 Licensed Marks. The Recipient acknowledges that Her Majesty the Queen in right of
Ontario is, will or may be the owner of certain distinguishing marks comprised of designs,
trademarks and official marks which have come or will come to be associated with the
Province of Ontario (all such current and future marks, being the "Licensed Marks").
13.2 Acknowledgement in advertising and publi£ity. The Recipient agrees to acknowledge
the Financial Assistance of the Government of Ontario to the Project in all advertising
and publicity relating to the Project and in any construction signs and in any temporary or
permanent tributes to Project donors by adhering to the Communications Requirements.
13.3 Use of Licensed Marks. In consideration of receiving the Financial Assistance, the
Recipient agrees to use the Licensed Marks as follows:
a) the Recipient agrees to strictly use the Licensed Marks only as prescribed by the
Communications Requirements and further as prescribed from time to time by the
Ministry and not to use any other mark or trademark in combination with any of
the Licensed Marks without the prior written approval of the Ministry. The
Recipient agrees that it will not alter, modify, dilute or otherwise misuse the
Licensed Marks.
b) the Recipient agrees to submit to the Ministry copies of any advertisements or
promotional materials containing the Licensed Marks for Ministry's approval
prior to any use thereof and to remove therefrom either any reference to the
Licensed Marks or any element which the Ministry may from time to time upon
reasonable notice designate.
c) the Recipient agrees that it will not state or imply, directly or indirectly, that the
Recipient or the Recipient's activities, other than those permitted by this
Agreement, are supported, endorsed, or sponsored by the Ministry and upon the
direction of the Ministry shall issue express disclaimers to that effect.
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d) the Recipient agrees to promptly inform the Ministry of any suspe ted
infringement of any Licensed Marks by a third party.
13.4 Cease using Licensed Marks. Whether or not the Recipient is in breach f this
Agreement, forthwith upon any receipt by the Recipient of a written direc . on from the
Ministry, the Recipient shall cease using the Licensed Marks, and withou limiting the
generality of the foregoing, wilLremove all signage and remove from circ lation any use
or reference to the Licensed Marks.
13.5 Indemnity. The Recipient hereby indemnifies the Ministry against any all claims for
death, illness, personal injury, property damage, improper business practi es, or loss of
any kind where such claims are in whole or in part premised upon the Re 'pient's use of
the Licensed Marks.
SECTION 14
COVENANTS, REPRESENTATIONS AND WARRANTIES
14.1 Covenants representations _¡'warranties. The Recipient covenants, re esents and
warrants to the Ministry that:
a) it is conducting its busiJtess in compliance with all applicable fede$1, provincial
and municipal laws, and. all rules, regulations, by-laws, notices, orders and approvals;
b) it has authority and any necessary approval to enter into this Agreelnent and to
carry out its terms;
c) it has or will apply for all permits, approvals, and licenses which required in
order to carry out the project including, but not limited to, any app vals lawfully
required under the Planning Act (Ontario), the Building Code Act ( ntario), the
Highway Traffic Act (Ontario), the Public Transportation and Hig way
Improvement Act (Ontario) and the Bridges Act (Ontario) and the vironmental Laws;
d) it validly exists as a legaJentity with full power to perform and obs rYe all the
terms and conditions of this Agreement;
e) where applicable, it has passed required by-laws to undertake the ~ect;
f) it is now and will continue to be compliant with all Environmental aws;
g) it owns or has a long-term lease (inclusive of any renewals) that ex ires no earlier
than March 31, 2027 for the lands on which the asset is or will be I ated;
h) if the Recipient is a Municipality, it has obtained or is in the proces of obtaining
an approval pursuant to the Ontario Water Resources Act (Ontario) howing that
it is compliant with Ontario Regulation 170/03 made pursuant to th Safe
Drinking Water Act, 2002, 8.0. 2002, Chap. 32, or in the alternativ it is part of
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another Municipality that has obtained or is in the process of obtaining such approval;
(i) provided the Recipient is not a municipality or a Crown Agency, it is not a
non-resident of Canada within the meaning of the Income Tax Act Canada);
(ii) is either a corporation, a partnership or a sole proprietorship
validly in existence; and
(iii) is registered and qualified to do business wherever necessary to
carry out the Project.
j) it has the experience, fmancial health and ability to carry out this Project;
k) if the Recipient is a Municipality or a Crown Agency, it has the requisite
legislative authority to carry out the Project;
I) other than the Financial Assistance being provided pursuant to this Agreement,
the Recipient has not and will not use any funds received from Her Majesty the
Queen in right of Ontario or a Crown Agency towards any aspect of the Project.
Notwithstanding the foregoing, the Recipient may use funds received from the
Northern Ontario Heritage Fund for the purposes of carrying out the Project; and
m) all information provided during the OSTAR Infrastructure Initiative, Round 1
application process remains true, correct and complete in every respect except as
set out to the contrary herein. Without limitation, Project, Budget, Project
Schedule are as set out herein and not as set out in the application
material.
14.2 RepresentllJions and wtUTØ1lties true condition precedent for payment. Upon request,
the Recipient shall provide the Ministry with proof of the matters referred to in this
Article. It is a condition precedent to any payment under this Agreement that the
representations and warranties under this Section are true at the time of payment and that
the Recipient is not in default of compliance with any terms of this Agreement. Where
this is not the case, the Ministry may, in its sole discretion, Adjust the Financial
Assistance for the Project.
SECTION 15
DEFAULT, ENFORCEMENT AND TERMINATION
15.1 Event of Default. Each and every one of the following events is an "Event of Default":
a) if in the opinion of the Ministry, the Recipient fails to conform or comply with
any term or covenant contained in this Agreement to be performed or complied
with by the Recipient;
b) if in the opinion of the Ministry any representation or warranty made by the
21
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Recipient in this Agreement or any certificate delivered to the Mi istry pursuant
hereto shall be materially untrue in any respect;
c) if an order shall be made or an effective resolution passed for the inding up, or
liquidation or dissolution of the Recipient or the Recipient is othe ise dissolved
or ceases to carry on its operation;
d) if the Recipient uses any of the Financial Assistance for a purpose not authorized
by this Agreement without the prior written consent of the Minist ;
e) if the Recipient admits in wriûng its inability to pay its debts gene ally as they
become due, voluntarily suspends transactions of its usual busines , becomes
insolvent, bankrupt, makes an assignment for the benefit of its cre 'tors, or a
receiver or manager, court appointed or otherwise, is appointed fo its assets or if
the Recipient takes the benefit of any statute from time to time in rce relaûng to
bankrupt or insolvent debtors;
t) if in the opinion of the Ministry a material adverse change occurs ch that the
viability of the Recipient as a going concern is threatened in the 0 . ion of the
Ministry, acting reasonably;
g) if in the opinion of the Ministry the Recipient ceases to operate;
h) if in the opinion of the Ministry the Recipient has failed to proceed diligently with
the Project or abandons the Project in whole or in part, or the Reci ient is
otherwise in default in carrying out any of the terms, conditions or bligations of
this Agreement, except where such failure is due to causes which, i the opinion
of the Ministry are beyond the control of the Recipient;
i) if the Recipient has submitted false or misleading information to th Ministry; or
j) the Recipient and/or any of its Consultants and/or any of their res
partners, directors, officers, employees, agents and volunteers has
reqnirements of Section 12 (Conflict of Interest and Confidentialit
15.2 Waiver. The Ministry may, at any time, waive any Event of Default whic
occurred provided that no such waiver shall extend to, or be taken in any anner
whatsoever to affect, any subsequent Event of Default or the right to reme . es resulting
therefrom, and that no such waiver shall be, or shall be deemed to constitu , a waiver of
such Event of Default unless such waiver is in writing from the Ministry.
15.3' Remedies on default. Notwithstanding any other rights which the Minis may have
under this Agreement, if an Event of Default has occurred, the Ministry sh I have the
following remedies provided only that in the case of an Event of Default w . ch, in the
opinion of the Ministry in its sole discretion, is curable, the Ministry has fi t given
written notice of the Event of Default to the Recipient and the Recipient ha failed to
22
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correct the Event of Default within 30 days or such period of time as the Ministry may
consent to in writing:
a) the Ministry shall have no further obligation to provide any Financial Assistance
for the Project;
b) the Ministry may, at its option, terminate this Agreement and may, in its sole
discretion, Adjust the Financial Assistance. The total amount of Financial
Assistance shall be immediately due and payable by the Recipient and bear
interest at the then current interest rate charged by the Province of Ontario on
accounts receivable; and
c) the Ministry may avail itself of any of its legal remedies which it may deem
appropriate.
15.4 Additiorud remedies. In addition to the remedies described in Section 15.3, the Ministry
may commence such legal action or proceedings as it, in its sole discretion, may deem
expedient, without any additional notice under this Agreement. The rights and remedies
of the Ministry hereunder are cumulative and in addition to, and not in substitution for,
all other rights or remedies otherwise available to the Ministry.
15.5 Termination without cause. Notwithstanding anything else contained herein, the
Ministry reserves the right to terminate this Agreement without cause upon such
conditions as the Ministry may require, with a minimum of seven (7) days written notice
to the Recipient. If the Ministry terminates this Agreement prior to its expiration, the
Ministry, subject to all of the Ministry's rights under this Agreement, including, without
limitation, the Ministry's right to Adjust the Financial Assistance prior to its expiration,
shall only be responsible for the payment of Financial Assistance on the portion of the
Project completed and Eligible Costs already incurred and paid at the time of such
termination provided that the Recipient provides a report to the Ministry that meets the
requirements of a Progress Report. Such report must be received by the Ministry within
three months of notice of termination being given to the Recipient pursuant to this
Section.
SECTION 16
NOTICE
16.1 Notice. Any demand. notice or communication to be made or given hereunder shall be in
writing and may be made or given by personal delivery or mailed by frrst class registered
mail, postage prepaid or by transmittal by facsimile, telecopy or other electronic means of
communication addressed to the respective parties as follows at the addresses set out in
Schedule "H" attached hereto or to such other person, address or facsimile number or
telecopy number as either party may from time to time notify the other in accordance
with this Section. Any demand, notice or communication made or given by personal
delivery shall be conclusively deemed to have been given on the day of actual delivery
thereof. Any demand, notice or communication made or given by facsimile or other
23
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electronic means of communication, if made or given at a time when it w uld be received
by the recipient during its normal business hours on a Business Day, shall be deemed to
be received at the time it is sent; otherwise, such electronic communicati shall be
deemed to be received on the ftrst Business Day following the transmittal thereof. Any
demand, notice or communication mailed by registered mail shall be dee ed to have
been received on the third Business Day following the day on which it w mailed.
16.2 Representatives. The individuals identified pursuant to Section 16.1 abov
fIrst instance, act as the Ministry's or the Recipient's, as the case may be,
for the purpose of implementing this Agreement.
SECTION 17
MISCELLANEOUS
17.1 Terms binding. The Recipient shall take reasonable measures to ensure at its officers,
directors, partners, employees, agents and the Consultant shall be bound t observe all the
terms and conditions of this Agreement, including, but not limited to all c venants,
representations and warranties set out herein. The Recipient shall include' its contract
terms and conditions similar to and not less favourable to the Ministry th the terms and
conditions of this Agreement to the extent that they are applicable to the ork
subcontracted, including but not limited to the requirements of Section 7. of Schedule
"A" of this Agreement.
17.2 Time of the essence. In the performance and observance of the terms and onditions of
this Agreement, time is of the essence and no extension or variation of thi Agreement
shall operate as a waiver of this provision. The Ministry shall not be liabl for any
liquidated damages as a result of working days extensions.
17.3 Successors and assigns. This Agreement shall enure to the benefit of and binding
upon the parties hereto and their respective heirs, executors, administrato , successors
and permitted assigns.
17.4 Severability. The validity or enforceability of any provision of this Agree$ent shall not
affect the validity or enforceability of any other provisions hereof and suc invalid or
unenforceable provisions shall be deemed to be severable.
17.5 No waiver. The failure by the Ministry to insist in one or more instances 0 performance
by the Recipient of any of the terms or conditions of this Agreement shall ot be
construed as a waiver of the Ministry's right to require further performanc of any such
terms or conditions, and the obligations of the Recipient with respect to su h performance
shall continue in full force and effect.
17.6 Division of Agreement. The division of this Agreement into schedules, cles, sections,
clauses, paragraphs and the insertion of headings are for the convenience 0 reference
only and shall not affect the construction or interpretation of this Agreeme t.
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17.7 Governing law. This Agreement shall be governed by and construed in accordance with
the laws of the Province of Ontario and the laws of Canada applicable in Ontario.
17.8 SurvivaL Section 4 (Financial Assistance), Section 6 (Reporting Requirements), Section
7 (Records and Audit), Section 8 (Overpayment), Section 10 (Indemnity), Section 11
(Transfer of Asset), Section 12 (Conflict of Interest and Confidentiality), Section 13
(Communications and Recognition), Section 14 (Representations and Warranties) and
Section 15 (Default, Enforcement and Termination), Section 5.8 (Long-term capital
management plan), Section 17.11 (Interest) and the obligation to maintain a permanent
plaque in cases where it is necessary to install a permanent plaque shall survive the
expiration or early termination of this Agreement.
17.9 No assignment. This Agreement shall not be assigned by the Recipient.
17.10 No Amendment. This Agreement shall not be varied, except by a document in writing,
dated and signed on behalf of the Ministry and the Recipient.
17.11 Interest. The Ministry reserves the right to demand interest on any repayment of
Financial Assistance owing by the Recipient under the terms of this Agreement at the
then-current interest rate charged by the Province of Ontario on accounts receivable. The
Recipient shall pay the amount of interest owing upon receipt of a written demand and
within the period specified by the Ministry.
17.12 Ministry and Recipient independenL Nothing in this Agreement shall be deemed to
constitute the Recipient an employee, servant, agent, partner of or in joint venture with
the Ministry for any purpose whatsoever.
17.13 Recipient cannot represent the Ministry. The provision of Financial Assistance to the
Recipient pursuant to this Agreement is for the sole purpose of, and is limited to, carrying
out the Project. The Recipient warrants and agrees that under no circumstances shall it
enter into any contract or commitment in the name of or on behalf of the Ministry and the
Recipient acknowledges that it is not by the terms of this Agreement or otherwise,
granted any right or authority to assume or create any obligation or responsibility, express
or implied, on behalf of or in the name of the Ministry or to bind the Ministry in any
manner whatsoever other than as specifically provided in this Agreement.
17.14 Consultants. The Ministry acknowledges that, in connection with carrying out the
Project, the Recipient may engage one or more Consultants. The Ministry acknowledges
and agrees that the Recipient shall have the sole authority and responsibility for such
employees, agents or Consultants, including their hiring and termination. The Recipient
acknowledges and agrees that the Recipient shall be responsible for all acts and actions of
the Recipient's employees, agents and Consultants and that all such acts and actions shall
be treated as actions of the Recipient for the purposes of this Agreement.
17.15 Cooperation. The Ministry and the Recipient agree to cooperate with one another and
will be frank, candid and timely when dealing with one another and will endeavor to
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facilitate the implementation of this Agreement.
17.16 Priority. Where there is a conflict between one or more of the schedules f this
Agreement, the following order of priority shall apply: Schedule "A", Sc edule "C",
Schedule "B", all other Schedules.
- END OF GENEItAL TERMS AND CONDITIONS -
26
SCHEDULE "B"
DESCRIPTION OF THE PROJECT
OSTAR FILE #6292
THE CORPORATION OF THE MUNICIPALITY OF
KINCARDINE
WORK DESCRIPTION:
Upgrade the eight (8) Municipal water systems to comply with the Drinking Water Systems
Regulation as follows:
For the "In-Lieu" project for (Craig-Eskrick, Kinhuron, Lake Huron Highland, and Port Head
Estates Well Supplies):
1) construct 7,630 m of 300 mm watermain to service these four (4) areas as required,
2) plus related engineering and project management.
The total eligible cost for this work not to exceed the Municipality's estimated $398,800 cost for
the alternative of upgrading the four well supplies to comply with the DWSR, less the cost of
preparing the four mandatory engineering reports and raw water characterizations.
For Kincardine Water Treatment Plant:
3) modify the storage reservoir to increase the chlorine contact effectiveness and security;
4) curb high lift pump well access hatches and raise the floor drains in chemical storage room;
5) install filter to waste for each f11ter;
6) install static in-line mixer;
7) modify the control system to provide interlock for sump pump operation with respect to
reservoir level, chlorine residual and turbidity;
8) install additional on-line instrumentation for monitoring of turbidity, chlorine residuals,
temperature and pH;
9) provide clarification prior to filtration to eliminate turbidity problems;
10) isolate the wastewater equipment from the water treatment equipment.
For Scott's Point Well Supply:
11) install flow monitoring equipment;
12) make water reservoir modifications to increase effectiveness of chlorine contact;
13) install a standby sodium hypochlorite metering pump complete with automatic switchover;
14) install a standby sodium hypochlorite storage tank;
15) install well pump interlocks;
16) raise well casing;
17) remove the outdoor hose bibb at the well house;
18) install a backflow preventor on all service water lines in the well house and in the treatment
facility;
19) install secondary containment for the sodium hypochlorite storage tanks;
20) install a dedicated standby power supply;
21) install on-line instrumentation for monitoring of chlorine residuals complete with alarms;
22) install a continuous turbidity analyzer in each filter discharge line, complete with alarms.
27
"
For Tiverton Well Supply:
23) install flow monitoring equipment;
24) install on-line instrumentation for monitoring of chlorine residuals and turbi 'ty in each
pumphouse;
25) install a standby sodium hypochlorite metering pump complete with automat c switchover in
each pumphouse;
26) install a flow paced control for sodium hypochlorite feed in each pumphouse
27) install a standby sodium hypochlorite storage tank in each pumphouse;
28) provide rechlorination facilities at the booster station;
29) install backflow preventors on all services water lines in each pumphouse;
30) install a vent in the Briar Hill well casing;
31) cap blow offs at both wells;
32) provide secondary containment for the sodium hypochlorite and polysulphat storage tanks;
33) connect floor drains to sanitary sewer;
34) modify upper terminal well construction;
35) install check valves on Dent well pump discharge.
For Underwood Well Supply:
36) install flow monitoring equipment;
37) install a storage vessel to increase _chlorine contact time;
38) install a standby sodium hypochlorite metering pump and tank;
39) install spill containment for sodium hypochlorite storage tanks; I
40) install on-line instrumentation for monitoring of chlorine residuals and turbi4ity complete
with alanns;
41) provide pump for floor drain discharge to septic system;
42) upgrade wellhead.
43) plus related engineering and project management.
28
.'
SCHEDULE "C"
ELIGffiLE COSTS
L ELIGffiLE COSTS FOR ONTARIO AND CANADA
Without limitation and provided that the criteria of section 3 of Schedule "A" of this Agreement
are met, the following costs are Eligible Costs for both the Ministry and the Federal Government:
a) capital costs (as defined in the Generally Accepted Accounting Principles) of acquiring,
constructing or renovating a fixed capital asset, forming part of the Project, including all
applicable taxes but excluding any tax rebates for which the Recipient is eligible;
b) third party transportation and delivery costs related to acquiring, constructing, installing or
renovating a fixed capital asset, forming part of the Project;
c) professional fees of arm's length consultants (including, but not limited to, project
management, engineering design, engineering services during construction and legal
services) related to acquiring, constructing, installing or renovating a fixed capital asset
forming part of the Project;
d) third party communications costs insofar as they relate to the Communications Requirements
and only to the extent allowed by the Communications Requirements;
e) third party incremental insurance and bonding costs insofar as they related to the Insurance
and Bonding Requirements set out in Section 9 of Schedule "A" to this Agreement;
t) off-site services costs as they may be approved by the Ministry and provided that they are
necessary for the Project's completion, are reasonable in nature and in distance and are for
the Project's principal use; and
g) special purpose equipment necessary for the operation of the Asset and of a type and nature
ordinarily capitalized and third party specialized training costs for new equipment installed as
part of the Project.
II. ELIGffiLE COSTS FOR ONTARIO ONLY
Without limitation and provided that the criteria of Section 3 of Schedule "A" to this Agreement
are met, the following costs are Eligible Costs for only the Ministry and NOT for the Federal
Government:
a) non-capital costs related to preparing the mandátory Engineer's Reports required under
Ontario Regulation 170103 made pursuant to the Safe Drinking Water Act, 2002, S.O. 2002,
Chap. 32 as part of the Project;
29
.~
i
b) non-capital costs, such as hydrogeological investigations or raw water analyses, that are
required to determine the scope of work for the Project; and
c) non-capital costs related to preparing the Environmental Study Reports, if re ired under the
Municipal Class Environmental Assessment as part of the Project, or other in estigations
required to determine the preferred solution for the Project.
ßI. INELIGffiLE COSTS FOR ONTARIO AND CANADA
Notwithstanding anything else contained in this Agreement, the following costs d expenditures
are not eligible for Financial Assistance pursuant to this Agreement:
a) capital costs related to repairing, replacing or extending water distribution sy tems or sewage
collection systems unless specifically identified as forming part of the Projec
b) capital costs related to the operations or maintenance of a fixed capital asset
specifically identified as forming part of the Project;
c) other capital costs for works not specifically required to implement the Proje and not
forming part of the Project;
d) capital costs and non-capital costs related to providing additional capacity in e water
treatment or distribution system, or in the sewage collection or treatment syst m, for the
purpose of accommodating growth or future development;
e) non-capital costs related to the operations or maintenance of a fixed capital a$et;
f) land acquisition costs and related survey, legal and property transfer costs;
g) costs of conducting surveys of private water or sewage systems, analyzing w
developing the business case for the purposes of applying for Financial Assis
to the OST AR Infrastructure Initiative;
r samples and
ce pursuant
h) direct and indirect operating and administrative costs of the Recipient related 0
implementing the Project, including but not limited to costs of;
obtaining approvals, licenses or permits where the Recipient is the ent ty providing
the approval, license or permit;
leasing land, buildings or other facilities;
conducting general feasibility or planning studies;
conducting fundraising campaigns;
financing the project; and
providing furniture, fixtures, decorations, fitting-up supplies, etc.
i) contributions or commitments in kind; and
30.
,
j) other capital and non-capital costs that go beyond the intent of the OST AR Infrastructure
Initiative as determined by the Ministry, from time to time in its sole discretion.
31
SCHEDULE'~'B~ET
(a) Project initiation date:
J anuarv 1. 200 I
(b) Anticipated project completion date: October 31, 2006
(c) Complete the following tables:
ESTIMATED COSTS
·i'i*,¡i"1:.,
. .,,"""..'
,,~':'~1(1
$2 3,000.00
$2, 99,727.00
$0.00
$2, 99,727.00
CASH FLOW BASED ON ESTIMATED COSTS
TOTAL IN TABLE BELOW MUST BE EQUAL WITH LINE 0
OF TABLE ABOVE ESTIMATED COSTS
ii~t~~t~~I,:;' .
'~~{i~~j~')
~i~i8J~:::;:~ :%
,,~
$50,000.00
$1,214,513.00
$298,000.00
$167,500.00
$120,000.00
$80,714.00
$4,000.00
$273,500.00
$29,000.00
$17,000.00
$] 0,000.00
$28,000.00
$7,500.00
32
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"
SCHEDULE ''F'
FINANCIAL ASSISTANCE
Total Eligible Costs: $2,299,727.00
Maximum Financial Assistance: $1,533,227.99
Ontario Maximum Ymancial Assistance: $766,652.32
Federal Maximum Financial Assistance: $766,575.67
The Ministry will hold back 10% of the Maximum Financial Assistance, the release of which
shall be contingent on submission of the Recipient's Final Report detailing the progress and
status of the Project and substantiating that the Project has been Substantially Performed. Such
report must contain the information required in the Final Report as set out in Section 6.4 of
Schedule "A" of this Agreement. The Ministry is not obligated to pay interest on the holdback or
any other payments under this Agreement.
TIlE MINISTRY COLLABORATES WITH RECIPIENT ON APPROPRIATE
PROJECT SCHEDULE
35
SCHEDULE"G"
FEDERAL REQUIREMENTS
The Ministry and the Recipient agreeto the following Federal Requirements:
1. The Recipient acknowledges and agrees that the amount of Financial Assist ce being
provided by the Ministry is dependent on the Ministry receiving funds for th Project from
Her Majesty the Queen in right of Canada (the "Federal Government"). Sho ld the Ministry
not receive the funds it expects to receive in relation to the Project from the ederal
Government, the Ministry may, in its sole discretion, adjust the amount of Fi ancial
Assistance being provided to the Recipient pursuant to this Agreement (incl 'ng, without
limitation, requiring repayment of Financial Assistance already paid to the R ipient).
i
2. The Recipient represents and warrants to the Federal Government that other an the
Financial Assistance being provided pursuant to this Agreement, the Recipie t has not and
will not use any other funding received from the Federal Government tow any aspect of
the Project.
3. The Recipient agrees to indemnify and hold harmless the Federal Governme t, its directors,
officers, employees and agents from and against all suits, judgements, clai , demands,
expenses actions, causes of action and losses (including, without limitation, asonable legal
expenses and any claim for lien made pursuant to the Construction Lien Act Ontario» and
for any and all liability for damages to property and injury to persons (including death) which
the Federal Government, its directors, officers, employees and agents may inj::ur, otherwise
than by reason of their own negligence or wilful misconduct, as a result of 0 ' arising out of or
in relation to any breach by the Recipient of the terms of this Agreement, or e Recipient's
own negligence or wilful misconduct.
4. The Recipient further agrees to indemnify and hold the Federal Government its directors,
officers, employees and agents, for any incidental, indirect, special or cons uential damages,
or any loss of use, revenue or profit, which the Federal Government, its d' tors, officers,
employees and agents may incur, otherwise than by reason of their own negl gence or wilful
misconduct, as a result of or arising out of or in relation to any breach by the Recipient of the
terms of this Agreement, or the Recipient's own negligence or wilful misco , uct.
S. For the purposes of the Communications Requirements set out in Schedule"
Agreement, the Recipient shall follow the Canada-Ontario Infrastructure Pr
requirements as well as the Government of Ontario requirements.
6. The Recipient acknowledges that the provisions of the Access to lnformatio Act (Canada)
and the Privacy Act (Canada) and regulations thereunder bind Her Majesty e Queen in right
of Canada.
36
7. The Recipient acknowledges that the Federal Government is or will be the owner of certain
distinguishing marks comprised of designs, trademarks and official marks in relation to COIP
(the "Federal Licensed Marks") and the Recipient is subject to the requirements of Section 13
(Communications and Recognition) of Schedule "A" of this Agreement, with appropriate
changes, in relation to the Federal Licensed Marks.
8. No member of the House of Commons or of the Senate of Canada shall be admitted to any
share or part of any contract, agreement or commission made pursuant to this Agreement or
to any benefit arising therefrom.
9. Notwithstanding any provisions of this Agreement, all obligations of Canada incurred by
virtue of this Agreement shall be subject to the Financial Administration Act (Canada).
10. All of the provisions of this Schedule "Gn shall survive the expiration or early termination of
this Agreement.
11. Pursuant to the requirements of the Canadian Environmental Assessment Act, the Recipient
will follow the general environmental mitigation measures outlined in the document entitled
"Screening under the Canadian Environmental assessment Act" and any Project-specified
environmental mitigation measures as communicated to the Recipient by the Federal
Government.
37
SCHEDULE "U"
ADDITIONAL PROVISIONS
The Ministry and the Recipient agree to the following additional provisions:
,
1. Further to Section 16 of Schedule "A" hereto, notice can be given at the foll ing addresses:
(a) If to the Ministry:
Ministry of Agriculture, Food and Rural Affairs
1 Stone Road West, 4th Floor
Guelph, ON
NIG4Y2
Phone: 1-866-306-7827
Fax: (519) 826-4336
Attention: Brian Cardy, Manager
(b) If to the Recipient:
The Municipality of Kincardine
1475 Concession 5, R.R.5
Kincardine, ON
N2Z 2X6
Phone: (519) 396-3468
Fax: (519) 396-8288
Attention: Brenda French, Treasurer
2. Other reporting requirements (e.g. bridge requirements):
38
SCHEDULE'T'
COMMUNICATIONS REQUIREMENTS
Unless specified otherwise in Schedule "G", for the purposes of this Schedule "f' the Recipient
shall follow the "Ontario Only" or "Ontario" requirements and not the Canada-Ontario
Infrastructure Program ("COIP") requirements.
Purpose of Schedule
This Schedule describes the Recipient's responsibilities and financial obligations involved in
producing, instal1ing and maintaining signs and plaques as well as in arranging announcements
and ceremonies for the Project.
General PrinciDles
The Recipient will work with the Ministry's officials and other partners to undertake
communication activities ensuring equal recognition of all parties making a significant financial
contribution to the Project.
All ceremonies, events, signs and plaques will follow these Communications Requirements and
any other requirements that may be specified by the Ministry, from time to time.
All parties making a significant financial contribution to the Project shall receive equal
recognition and prominence when logos, symbols, flags and other types of identification are
incorporated into announcements, ceremonies, signs and plaques unless the Ministry provides
otherwise.
All announcements and ceremonies will be organized jointly with equal participation from all
parties making a significant financial contribution to the Project.
Both official languages will be used for public information, signs and plaques in accordance with
the French language services standards for Ontario and/or Canada's language standards for COIP
projects.
Sìøn!l and Plaques
The Recipient must comply with the Ontario style guide when designing all signs and plaques
and, as appropriate, the COIP style guide as set out below:
. Ontario's style guide and digital templates in a variety of formats are available from
Ontario's password-protected Partner Centre on its Web site at www.pir.gov.on.ca.
For passwords, please complete the Join Form on the main page of the Partner
Centre. For more information, please contact the Ontario Standards Advisor by phone
at 416-325-0424, fax at 416-325-8440 or e-mail at Standards.Advisor@oir.l!:ov.on.ca.
39
.
. COIP style guide and digital templates are available from the COIP
Ontario's Web site at www;pir.gov.on.ca or www.ic.gc.calcoiD-Dico.
information, please contact the Industry Canada Standards Advisor b
954-6652, fax at 416-954-6654 or e-mail schmitt.comelia@ic.gc.ca.
The Recipient will ensure that proofs of all Ontario, or, when applicable, COIP c pital project
signs and plaques are reviewed by the Ministry before installation.
eb site at
or more
phone at 416-
Responsibilities
The Recipient is responsible for erecting Ontario or, when applicable, COIP capi project signs
indicating all Senior Government (for the purposes of this Schedule, "Senior Go rnment"
means the Ministry in the case of an Ontario Only Project and both the Ministry d the Federal
Government in the case of a COIP Project) Financial Assistance and any munici al contribution
toward the Project at all sites, facilities, etc. where the Financial Assistance is be· g used.
The Recipient shall erect signs and install plaques as directed by this Schedule. e relevant
standards and procedures are outlined in the following paragraphs.
External Project Signs (Temporary)
· External Project Signs (at least 120cm high x 240cm wide 1 four feet high by
are required where the Maximum Financial Assistance exceeds $50,000, the
underway and where the duration of the Project is longer than three months.
(24Ocm high by 480cm wide 1 eight feet high or sixteen feet wide) are requir
Maximum Financial Assistance exceeds $2,500,000, where the Project is un
where the duration of the Project is longer than one year.
· External Project signs shall follow the approved design and guidelines outlin in the Ontario
style guide and, as appropriate, the COIP style guide. These guidelines provi e specifications
such as the required positioning of government logos and those of its public dlor private-
sector partners, as appropriate.
ight feet wide)
roject is
ger signs
where the
. rway and
· Both official languages will be used for public information, signs and plaque when required
by Ontario's French language services standards for Ontario projects and foll w Canada's
language standards for COIP projects.
· The Recipient will submit proofs via e-mail or fax of the external project sig to the Ontario
Standards Advisor for approval.
· The Recipient will oversee the manufacture of the sign and ensure that the sel cted location
of the sign does not restrict accessibility, pose any hazard or interfere with fa ilities and
services (e.g. electrical systems, drainage, etc.).
· The Recipient shall ensure that the Project signs are erected in prominent loc ions at the
Project site as soon as possible after the execution of this Agreement and no I ter than 30
days after the start of construction. Erected signs should be maintained for up to 60 days
following Project completion. The Recipient will arrange for sign removal an re-cyc1ing
following the 6O-day period.
40
· Signs should be freestanding, securely assembled and erected, away from other distracting
signs. No other sign, including those of design and/or engineering firms and/or contractors
involved with the Project, should be attached to the Project sign.
· The Recipient is responsible for sending to the Standards Advisor, within 30 days of receipt
of the Ministry's approval of design proofs, a photograph (digital or otherwise) which
portrays the erected sign in relation to the Project.
· Where the Maximum Financial Assistance does not exceed $50,000, the Recipient may, at its
option, install a sign (following the requirements of this Schedule) and the costs associated
with so doing will be an Eligible Cost in accordance with this Schedule.
Plaques (Permanent)
· Upon completion of a Project where the Maximum Financial Assistance exceeds $500,000,
the Recipient will install a permanent plaque.
· Permanent plaques may follow the design outlined in the Ontario style guide or the COIP
style guide or use a style suited to the building, provided all govemments and partner logos
are included.
· Costs for plaques shall be part of the Project's Eligible Costs in accordance with this
Schedule.
· The Recipient will submit proofs of the plaques to the Ministry for approval.
· Both official languages will be used for public information, signs and plaques when required
by Ontario's French language services standards for Ontario projects and/or Canada's
language standards for COIP projects.
· Upon completion of a Project where the Maximum Financial Assistance does not exceed
$500,000, the Recipient may, at its option, install a permanent plaque (following the
requirements of this Schedule) and the costs associated with so doing will be an Eligible Cost
in accordance with this Schedule.
Eligible Costs
External Project Signs (Temporary)
Small sign: 120 cm high by 240 cm widel4 feet by 8 feet
Production - $1,250
Installation - 1.000
TOTAL $2.250
Large sign: 240 cm high x 480 cm widel8 feet by 16 feet
Production - $2,250
Installation - 2.000
TOTAL $4.250
41
.
Plaques (Permanent)
Plaque: 71 cm high x 45.7 cm widel28 inches high by 18 inches wide
Cast Bronze $2,500 for one colour
Cast Aluminum $2,000 for up to three colours
Engraved Acrylic $1,500 for up to three colours
Announcements and Ceremonies
All governments must be equally represented at events.
When asked by elected representatives or designated officials from the Senior G ernment, the
Recipient will coordinate a mutually agreeable venue, date and time for the event in light of the
availability of the all government participants from all levels of government.
The Recipient may invite other elected officials and members of council. The Re ipient should
also invite local interested parties, such as contractors, architects, labour groups, d community
leaders.
After the participants, date and location have been determined, the Recipient sho ld send out
invitations to all guests.
When appropriate, the Recipient should invite the general public by posting notic s in public
areas, such as post office and libraries or by placing public service announcement in the local
media.
All written communications (invitations, public service announcements, posters, tc.) must
indicate that the Project received Financial Assistance from Ontario, or, when ap icable, COIP.
The Recipient could arrange for light refreshments to be served after the event, fo example
coffee, tea, juice and donuts.
The Recipient will have an opportunity to provide input into the agenda, media
release, etc. and will receive final copies in advance of the event.
isory, news
i
i
Depending on the size of the event site, a specially designed program backdrop, bJmner and/or
lectern sign will be provided to the Recipient. Federal, provincial and municipal gs should also
be on display at all COIP events.
Responsibilities
The Recipient will:
. make all local arrangements (e.g., podium, flags as appropriate, seating for s akers, shovels
for ground-breaking ceremonies or ribbon for opening ceremonies, etc.) if req ired;
. produce invitation and guest list and distribute invitations;
42
.
,
· display Project material (could include information on other SCTP Initiative projects in the
municipality);
· choose a Master of Ceremonies, if required;
· arrange for refreshments if desired; and,
· arrange for a public address system if appropriate.
Eligible Costs
The Senior Government will fund a portion of a recommended event (sod turning, plaque
unveiling, ribbon-cutting, official opening) in accordance with this Agreement. In order for a
cost to be considered an Eligible Cost for the purposes of this Schedule, the Ministry must pre-
approve the budget related to the event. No more than $750 of Eligible Costs will be considered
by the Senior Government.
Only costs associated with events recommended by the Senior Government will be considered
Eligible Costs.
The Project may be of such regional or provincial significance that it warrants a major event
(such determination to be made by the Ministry, in its sole discretion). If this is the case, specific
Project budgets above $750 in Eligible Costs may be permitted with the prior approval of the
Ministry.
For the purposes of announcements and ceremonies, Eligible Costs include the following:
· Printing and mailing invitations
· Refreshments*
· Draping for plaque unveiling
· Project material for display and/or media kit
· Temporary signage
· Rentals such as:
· flagpoles
· stage
· chairs
· podium
· PAsystem
*Only light refreshments such as coffee, tea, donuts, muffms will be considered Eligible Costs.
The cost of certain items such as alcoholic beverages, china, tents, waiters, guest mileage or
transportation, wine glasses, lamps, tea wagons, plants, photographers and gifts are not Eligible
Costs.
43
,
SCHEDULE "J"
PROGRESS REPORT
anada W Dntario
-
Canada - Ontario Infrastructure Program (COlP)
Programme d'infrastructures Canada-Ontario (PICO)
Progress Report
Rapport sur l'état d'avancement des travaux
Report # I Rapport n° _ of I de_ File # 1 Dossier n°
Project Start Date I de début du pro jet :
Project End Date I Date de fin du projet :
Municipality Name 1 Nom de la municipalité :
Estimated % of Project Completion 1 Estimation du pourcentage des travaux rE lisés: _%
Detailed Description I Description détaiBée :
,
,
,
Communications Reauirements I Besoins en matière de communication:
Issues I Points à souli2ner :
.
Signature 1 Signature: Date 1 Date:
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