HomeMy WebLinkAbout18 003 Ontario Municipal Commuter Cycling (OMCC) Program Transfer Payment Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2018 - 003
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH
HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS REPRESENTED BY
THE MINISTER OF TRANSPORTATION FOR THE PROVINCE OF ONTARIO
(Ontario Municipal Commuter Cycling (OMCC) Program
Transfer Payment Agreement)
WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
• amended, provide that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues and has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS by Resolution #08/02/17-06 a Declaration requesting funding
for a cycling Project under the Ontario Municipal Commuter Cycling (OMCC)
Program was authorized;
AND WHEREAS the Province has agreed to financially contribute to the
completion of the Kincardine Master Bike Plan as outlined in the above noted
Declaration;
AND WHEREAS Council deems it expedient to enter into a transfer payment
agreement for funding under the Ontario Municipal Commuter Cycling (OMCC)
Program with Her Majesty the Queen in Right of Ontario as represented by The
110
Minister of Transportation for the Province of Ontario;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into a transfer
payment agreement for funding under the Ontario Municipal Commuter
Cycling (OMCC) Program with Her Majesty the Queen in Right of Ontario as
represented by The Minister of Transportation for the Province of Ontario as
outlined in Schedule 'A'.
2. That the Municipality of Kincardine will utilize the 2017/2018 OMCC funding
for eligible costs for the eligible project, the Municipality of Kincardine Master
Bike Plan, as identified in the transfer payment agreement attached hereto as
Schedule "A".
3. That the Municipality of Kincardine is committed to providing the required
twenty percent share of eligible costs for each eligible project and to
promoting the completed eligible project.
• 4. That the Mayor and Chief Administrative Officer be authorized and directed to
sign and execute, on behalf of The Corporation of the Municipality of
Kincardine, the transfer payment agreement with Her Majesty the Queen in
Right of Ontario as represented by The Minister of Transportation for the
Province of Ontario, attached hereto as Schedule "A" and to affix the
corporate seal.
Page 2
Ontario Municipal Commuter Cycling (OMCC) Program Transfer Payment
Agreement By-law By-law
By-law No. 2018 - 003
5. This by-law shall come into full force and effect at the time of its passing.
• 6. This By-law may be cited as the "Ontario Municipal Commuter Cycling
(OMCC) Program Transfer Payment Agreement By-law".
READ a FIRST and SECOND TIME this 10th day of January, 2018.
READ a THIRD TIME and FINALLY PASSED this 10th day of January, 2018.
Mayor Clerk
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ONTARIO MUNICIPAL COMMUTER CYCLING (OMCC) PROGRAM
TRANSFER PAYMENT AGREEMENT
THIS TRANSFER PAYMENT AGREEMENT for the Ontario Municipal Commuter
Cycling (OMCC) Program (the "Agreement"), made in quadruplicate, is effective as of
the Effective Date (both "Agreement" and "Effective Date" as defined in section A1.2
(Definitions)).
BETWEEN:
Her Majesty the Queen in right of Ontario
as represented by the Minister of Transportation for the Province of
Ontario
(the "Province")
-and -
Municipality of Kincardine
(the "Recipient")
BACKGROUND
The Province and the Recipient (the "Parties") recognize that investment in commuter
cycling infrastructure is a key component in Ontario's Climate Change Action Plan.
The Recipient has applied to the Province for funds to assist the Recipient in completing
the Projects on the Eligible Projects List ("Projects" and "Eligible Projects List" as
defined in section A1.2 (Definitions)) and further described in Schedule "C" (Eligible
Projects List and Timelines).
The Projects support the provincial goals of implementing new or expanded commuter
cycling infrastructure to support commuter and frequent cycling.
The Province has agreed, subject to the terms and conditions set out in the Agreement,
to financially contribute to the completion of the Projects.
The Agreement sets out the terms and conditions upon which the Province has agreed
to provide the Recipient with funding towards the Eligible Costs of each Eligible Project
("Eligible Costs" and "Eligible Project" as defined in section A1.2 (Definitions)), up to
Kincardine and Ontario OMCC Program TPA Page 1 of 67
the maximum set out in the Agreement, and the Recipient has agreed to fund a
minimum of 20% of the Eligible Costs of each Eligible 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:
1.0 ENTIRE AGREEMENT
1.1 Entire Agreement. The Agreement, including:
Schedule "A" - General Terms and Conditions
Schedule "B" - Recipient Information
Schedule "C" - Eligible Projects List and Timelines
Sub-schedule "C.1" - Eligible Projects List
Schedule "D" - Description of Annual Allocations
Sub-schedule "D.1" - Table of Annual Allocations
Sub-schedule "D.2" - Form of Annual Declaration of OMCC Participation
Schedule "E" - Eligible and Ineligible Costs
Schedule "F" - Reporting and Evaluation
Schedule "G" - Communications Protocol
Schedule "H" - Disposal of and Revenues from Assets
Schedule "I" - Aboriginal Consultation Protocol
Schedule "J" - Certificates and Declarations
Sub-schedule "J.1" - Ontario Municipal Commuter Cycling (OMCC) Program
Form of Annual Funding Certificate
Sub-schedule "J.2" - Ontario Municipal Commuter Cycling (OMCC) Program
Form of Annual Eligible Projects Declaration
Sub-schedule "J.3" - Ontario Municipal Commuter Cycling (OMCC) Program
Form of Solemn Declaration of Substantial Completion,
and
any amending agreement entered into as provided for in section 4.1
(Amendments),
constitutes the entire agreement between the Parties with respect to the subject matter
contained in the Agreement and supersedes all prior oral or written representations and
agreements.
2.0 CONFLICT OR INCONSISTENCY
2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between
any of the requirements of:
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(a) the main body of the Agreement and any of the requirements of a
schedule or a sub-schedule, the main body of the Agreement will prevail;
(b) 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; or
(c) a schedule and any of the requirements of a sub-schedule, the schedule
will prevail.
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 in 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 pursuant to sections C3.2 (Amending Agreement
for Changes to the Eligible Projects List), D2.2 (Amending Agreement for
Changes to Annual Allocations) or F7.2 (Amending Agreement for Changes to
the Reporting) may be executed by the respective authorized representatives of
the Parties listed in Schedule "B" (Recipient Information).
5.0 ACKNOWLEDGEMENT
5.1 Acknowledgement. The Recipient acknowledges that:
(a) by receiving Funds (as defined in section A1.2 (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);
Kincardine and Ontario OMCC Program TPA Page 3 of 67
(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 Projects 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 Projects; 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 Projects or otherwise in connection with the
Agreement may be subject to disclosure in accordance with that Act.
- SIGNATURE PAGE FOLLOWS -
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The Parties have executed the Agreement on the dates set out below.
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO as represented by the Minister of
Transportation for the Province of Ontario
FeAo, 1-)., n .
Date Name: Jamie Austin
Title: Director, Transportation Policy Branch
Municipality of Kincardine
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Date Name: Mrs. Sharon Chambers
Title: Chief Administrative Officer
I have authority to bind the Recipient.
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Date Name: Ms. Anne Eadie
Title: Mayor
I have authority to bind the Recipient.
Kincardine and Ontario OMCC Program TPA Page 5 of 67
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.
A1.2 Definitions. In the Agreement, the following terms will have the following
meanings:
"Aboriginal Community" has the meaning ascribed to it in section 11.1
(Definitions).
"Agreement" means this Transfer Payment Agreement for the Ontario Municipal
Commuter Cycling (OMCC) Program 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).
"Annual Allocation" means an annual allocation set out in Sub-schedule "D.1"
(Table of Annual Allocations).
"Annual Declaration of OMCC Participation" means an annual declaration of
OMCC participation, in the form set out in Sub-schedule "D.2" (Form of Annual
Declaration of OMCC Participation).
"Annual Eligible Projects Declaration" means an annual Eligible Projects
declaration, in the form set out in Sub-schedule "J.2" (Ontario Municipal
Commuter Cycling (OMCC) Program Form of Annual Eligible Projects
Declaration).
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"Annual Financial Reports" means the Annual Financial Reports described in
Article F1.0 (Annual Financial Reports).
"Annual Funding Certificate" means an Annual Funding Certificate, in the form
set out in Sub-schedule "J.1" (Ontario Municipal Commuter Cycling (OMCC)
Program Form of Annual Funding Certificate).
"Annual Implementation Reports" means the Annual Implementation Reports
described in section F2.1 (Annual Implementation Reports).
"Asset" means any real or personal property or immovable or movable asset
acquired, constructed, repaired, rehabilitated, renovated or improved, in whole or
in part, with the Funds.
"Authorities" means any government authority, agency, body or department,
whether federal, provincial or municipal, having or claiming jurisdiction over the
Agreement or any Eligible Project, or both.
"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.
"Cap and Trade Program" means Ontario's Cap and Trade Program.
"Contract" means a contract between the Recipient and a Third Party whereby
the Third Party agrees to supply goods or services, or both, for an Eligible Project
in return for financial consideration.
"Effective Date" means the date of signature by the last signing party to the
Agreement.
"Eligible Costs" means the costs that are eligible for funding under the
Agreement and that are described in Article E2.0 (Eligible Costs).
"Eligible Project" means a commuter cycling project that is listed on the Eligible
Projects List.
"Eligible Projects List" means the list of Eligible Projects in Sub-schedule "C.1"
(Eligible Projects List).
"Environmental Laws" means all applicable federal, provincial or municipal
laws, regulations, by-laws, orders, rules, policies or guidelines respecting the
protection of the natural environment, public or occupational health or safety, and
the manufacture, importation, handling, transportation, storage, disposal and
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treatment of environmental contaminants and include, without limitation, the
Environmental Protection Act(Ontario), Environmental Assessment Act
(Ontario), Ontario Water Resources Act(Ontario), Canadian Environmental
Protection Act, 1999 (Canada), Canadian Environmental Assessment Act, 2012
(Canada), Fisheries Act(Canada) and Navigation Protection Act(Canada).
"ERS" means the Ontario Enterprise Registration System.
"Event of Default" has the meaning ascribed to it in section A13.1 (Events of
Default).
"Expiry Date" means March 31, 2021.
"Final Report" means the Final Report described in Article F3.0 (Final Report).
"Funding Year" means:
(a) in the case of the first Funding Year, the period commencing on the
Effective Date 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.
"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.
"GHG" means greenhouse gas.
"Government of Ontario" includes any ministry, agency or Crown corporation
of the Government of Ontario.
"Indemnified Parties" means Her Majesty the Queen in right of Ontario, Her
ministers, agents, appointees and employees.
"Ineligible Costs" means the costs that are ineligible for funding under the
Agreement, and that are described in Article E3.0 (Ineligible Costs).
"Notice" means any communication given or required to be given pursuant to
the Agreement.
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"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).
"OMCC" means Ontario Municipal Commuter Cycling.
"OMCC Program" means the Ontario Municipal Commuter Cycling Program.
"Parties" means the Province and the Recipient.
"Partner" means any entity, other than a Third Party, participating in and
contributing to the Project, other than financially only, as described in the
Recipient's application submitted to the Province or, with the written consent of
the Province, as subsequently permitted to participate or contribute to the
Project.
"Partner Agreement" means a legally binding agreement between the Recipient
and a Partner.
"Party" means either the Province or the Recipient.
"Projects" means, collectively, the Eligible Projects.
"Projects End Date" means, in respect of the Projects, December 30, 2020.
"Reports" means the reports described in Schedule "F" (Reporting and
Evaluation).
"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, and includes the Environmental Laws.
"Solemn Declaration of Substantial Completion" means the Solemn
Declaration of Substantial Completion, in the form set out in Sub-schedule "J.3"
(Ontario Municipal Commuter Cycling (OMCC) Program Form of Solemn
Declaration of Substantial Completion).
"Substantial Completion" means substantially performed, as described in and
will be determined in accordance with, subsection 2(1) of the Construction Lien
Act(Ontario) for each Eligible Project, and for the purposes of the Projects,
means the substantial completion of the last Eligible Project on or before
December 30, 2020.
"Substantial Completion Date" means the substantial completion date
indicated on the Solemn Declaration of Substantial Completion.
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"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 any of the Eligible Projects.
"Timelines" means the date set out in section C2.1 (Timelines).
"Usage Data Report" means the Usage Data Report described in Article F4.0
(Usage Data Report).
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 Projects;
(c) it is in compliance with, and will continue to comply with, all Requirements
of Law related to any aspect of an Eligible Project, the Funds, or both;
(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 and Eligible Project, and the Timelines was true and
complete at the time the Recipient provided it and will continue to be true
and complete;
(e) it is registered with the ERS and the information it provided for the ERS
was true and complete at the time it provided it and will continue to be true
and complete;
(f) it is not in default of any term, condition or obligation under any transfer
payment or loan agreement with Her Majesty the Queen in right of Ontario
or one of Her agencies; and
(g) its past performance with respect to any project under a transfer payment
agreement with Her Majesty the Queen in right of Ontario or one of Her
agencies was considered satisfactory by that party.
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
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(b) taken all necessary actions to authorize the execution of the Agreement.
A2.3 Governance. The Recipient represents, warrants and covenants that it has, and
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 Funds prudently and
effectively;
(e) procedures to enable the Recipient to complete each Eligible Project
successfully;
(f) procedures to enable the Recipient to identify risks to the completion of
each Eligible Project, and strategies to address the identified risks to meet
the Projects End Date, 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
(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 AND EXTENSION
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 Al2.0 (Termination Where No Appropriation or
Funds under the Cap and Trade Program) or Article A13.0 (Events of Default,
Corrective Action, and Termination for Default).
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A4.0 FUNDS AND CARRYING OUT THE PROJECT
A4.1 Funds Provided. The Province will, in respect of the Projects:
(a) provide Funds to the Recipient up to the aggregate of each Annual
Allocation for the Recipient to use towards the Eligible Costs of any
Eligible Project;
(b) 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 complies with the conditions precedent set out in paragraphs
A32.1(a) and (b);
(b) the Province may adjust the amount of Funds it provides to the Recipient
in any Funding Year based upon any of the following:
(i) the Province's assessment of the information the Recipient provides
to the Province pursuant to section A7.1 (Preparation and
Submission);
(ii) the number of recipients, other than the Recipient, participating in the
OMCC Program; or
(c) if, pursuant to the Financial Administration Act(Ontario) or the Cap and
Trade Program, the Province does not receive the necessary
appropriation from the Ontario Legislature or the necessary funds for
payment under the Agreement, the Province is not obligated to make any
such payment, and, as a consequence, the Province may:
(i) reduce the amount of Funds and change the Projects; or
(ii) terminate the Agreement pursuant to section Al2.1 (Termination
Where No Appropriation or Funds under the Cap and Trade Program).
A4.3 Carry Out the Eligible Projects. The Recipient will, in respect of the Projects
and each Eligible Project:
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(a) determine which Eligible Projects, from the Eligible Projects List, the
Recipient will carry out;
(b) carry out each Eligible Project in accordance with the Agreement; and
(c) complete each Eligible Project the Recipient has chosen to carry out
pursuant to paragraph A4.3(a) by the Projects End Date.
A4.4 Use of Funds and Carry out the Projects. The Recipient will, in respect of
each Eligible Project, do all of the following:
(a) use the Funds only for the purpose of carrying out the Eligible Project;
(b) spend the Funds only in accordance with the Agreement, including the
Annual Allocations;
(c) not use the Funds to cover any cost that has or will be funded or
reimbursed by one or more of any third party, ministry, agency, or
organization of the Government of Ontario; and
(d) contribute a minimum amount of 20% towards the total Eligible Costs of
each Eligible Project, irrespective of any contribution received from any
third party source, including any Partner.
A4.5 Interest Bearing Account. If the Province provides Funds to the Recipient
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.
A4.6 Interest. If the Recipient earns any interest on the Funds:
(a) the Recipient may use the interest earned toward the Eligible Costs of any
Eligible Project but cannot reduce the 20% minimum amount towards
Eligible Costs for each Eligible Project;
(b) the Recipient will annually declare the amount of interest earned and
describe its use in the Annual Funding Certificate; and
(c) the Province may demand from the Recipient the payment of an amount
equal to any interest:
(i) remaining in the possession or under the control of the Recipient by
the Projects End Date; or
(ii) the Recipient failed to use in accordance with the terms and
conditions of the Agreement.
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A4.7 Rebates, Credits and Refunds. The Province, in calculating Funds, will deduct
from any Annual Allocation any costs (including taxes) for which the Recipient
has received, will receive, or is eligible to receive, a rebate, credit or refund.
A4.8 Recipient's Acknowledgement of Responsibility for Projects. The Recipient
will assume full responsibility for each Eligible Project including, without
limitation:
(a) complete, diligent and timely implementation in accordance with the terms
and conditions of the Agreement;
(b) the entire costs of the Eligible 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 Eligible Project; and
(d) undertaking, or causing to be undertaken, any engineering and
construction work in accordance with industry standards.
A4.9 Disclosure of Other Financial Assistance and Adjustments. The Recipient
agrees:
(a) to inform the Province promptly of any financial assistance received, other
than from the Province pursuant to the Agreement, for any Eligible Project;
and
(b) if the Recipient receives or is owed financial assistance from the
Government of Ontario, other than from the Province pursuant to the
Agreement, in respect of the Eligible Costs of an Eligible Project, the
Province may reduce the Funds or demand the repayment of Funds in an
amount up to the financial assistance received or owed.
A4.10 Inability to Complete Eligible Projects. If, at any time during the Term, the
Recipient determines that it may not be possible for it to complete an Eligible
Project on or before December 30, 2020 for any reason including, without
limitation, lack of funding available for the Eligible Project (the "Issue"), the
Recipient will immediately notify the Province of that determination and provide
the Province with a summary of the measures that 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 A13.2 (Consequences of Events of Default
and Corrective Action).
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A5.0 RECIPIENT'S ACQUISITION OF GOODS OR SERVICES, RELATED
CONTRACTS AND DISPOSAL OF ASSETS
A5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it
will:
(a) do so through a process that promotes the best value for money; and
(b) comply to the extent applicable 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 Asset other than in accordance with the
terms and conditions set out in Schedule "H" (Disposal of and Revenues from
Assets).
A5.3 Contract Provisions. The Recipient will ensure that all Contracts are consistent
with, and incorporate, the applicable terms and conditions 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 maintained for
at least 7 years after the expiry or early termination of the Agreement;
(b) ensure compliance with all applicable Requirements of Law including,
without limitation, labour and human rights legislation; and
(c) secure the respective rights of the Province, any authorized representative
and any independent auditor identified by the Province in paragraph
A7.3(b), and the Auditor General in section A7.6 (Auditor General).
A6.0 CONFLICT OF INTEREST
A6.1 No Conflict of Interest. The Recipient will carry out each Eligible Project and
use the Funds without an actual, potential or perceived conflict of interest.
A6.2 Conflict of Interest Includes. For the purposes of this Article A6.0 (Conflict of
Interest), a conflict of interest includes any circumstances where, in respect of
each Eligible Project:
(a) the Recipient; or
(b) any person who has the capacity to influence the Recipient's decisions,
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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 Eligible 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 referred to in section A17.1 (Notice
in Writing and Addresses), all Reports in accordance with the timelines
and content requirements as provided for in Schedule "F" (Reporting and
Evaluation), or in a form as specified by the Province from time to time;
(b) submit to the Province at the address referred to in section A17.1 (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 the Recipient's chief administrative officer or, as set out
otherwise in the Agreement or with the consent of the Province, another
authorized signing officer.
A7.2 Record Maintenance and Audit.
(a) The Recipient will, in respect of each Eligible Project, keep and maintain:
(i) all financial records including, without limitation, invoices relating to the
Funds or otherwise the Eligible Project in a manner consistent with
generally accepted accounting principles; and
(ii) all non-financial documents and records relating to the Funds or
otherwise to the Eligible Project, including without limitation, all
Contracts and Partner Agreements.
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(b) Unless otherwise specifically set out in the Agreement, the Recipient will
request and manage the undertaking of all audits for each Eligible Project
by accredited external independent auditors and the delivery of
corresponding audit reports, at its own expense, in accordance with
Generally Accepted Auditing Standards and in the timeframe set out in the
Agreement.
A7.3 Inspection and Data Collection .
(a) The Province, any authorized representative, or any independent auditor
identified by the Province may, at the Province's expense and at any time,
during normal business hours, enter upon the Recipient's premises to
review the progress of any Eligible 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:
(i) inspect and copy the records and documents referred to in section
A7.2 (Record Maintenance and Audit);
(ii) remove any copies made pursuant to paragraph A7.3(a) from the
Recipient's premises; and
(iii) conduct an audit or investigation of the Recipient in respect of the
expenditure of the Funds, any Eligible Project, or both.
(b) The Recipient will ensure all Contracts and Partner Agreements include the
right of the Province, any authorized representative, any independent
auditors identified by the Province, or the Auditor General to carry out the
inspection and audits contemplated pursuant to the Agreement and will
coordinate the access of the Province with any Third Party and Partner for
the purpose of such inspections and audits.
(c) The Province, any authorized representative, or any independent auditor
identified by the Province may, at the Province's expense and at any time,
during normal business hours, may direct the Recipient to undertake an
intercept survey of cyclists for a completed Eligible Project.
i. Where the Province exercises this right, the Recipient's must
distribute a copy of intercept survey documentation to individuals
cycling on completed Eligible Project.
ii. The Province will be responsible for providing all required intercept
survey documentation to the Recipient and for collecting any
information obtained through this survey.
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iii. The Recipient will be required to distribute the intercept survey
documentation on the specified day from 07:00 and 10:00; from 12:00 and
14:00, which will be at least 12 months but no more than 24 months after
Substantial Completion of an Eligible Project.
(d) The Province, any authorized representative, or any independent auditor
identified by the Province may, at the Province's expense and at any time,
during normal business hours, may undertake an intercept survey of cyclists
using any completed Eligible Project.
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 representative, 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 Calculations. The Recipient will make all calculations and prepare all financial
data to be submitted in accordance with the generally accepted accounting
principles in effect in Canada. These will include, without limitation, those
principles and standards approved or recommended from time to time by the
Canadian Institute of Chartered Accountants or the Public Sector Accounting
Board, as applicable, or any successor institute, applied on a consistent basis.
A8.0 COMMUNICATIONS REQUIREMENTS
A8.1 Acknowledgement of Support. Unless otherwise directed by the Province, the
Recipient will acknowledge the support of the Province as set out in Schedule
"G" (Communications Protocol).
A8.2 Publication. The Recipient will indicate, in any of its Projects-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.
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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 any Eligible 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
Projects 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:
(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 the Province, prior to Funds being provided in each Funding Year,
either:
(i) certificates of insurance that confirm the insurance coverage as
provided for in section A10.1 (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, the Recipient will make available to the
Province a copy of each insurance policy.
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A11.0 TERMINATION ON NOTICE
A11.1 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:
(i) permit the Recipient to offset such costs against the amount owing
pursuant to paragraph A11.2(b); and
(ii) subject to paragraph A4.1(a), provide Funds to the Recipient to cover
such costs.
Al2.0 TERMINATION WHERE NO APPROPRIATION OR FUNDS UNDER THE CAP
AND TRADE PROGRAM
Al2.1 Termination Where No Appropriation or Funds under the Cap and Trade
Program. If, as provided for in paragraph A4.2(c), the Province does not receive
the necessary appropriation from the Ontario Legislature or funds under the Cap
and Trade Program for any payment the Province is to make pursuant to the
Agreement, the Province may terminate the Agreement immediately without
liability, penalty or costs by giving Notice to the Recipient.
Al2.2 Consequences of Termination Where No Appropriation or Funds under the
Cap and Trade Program. If the Province terminates the Agreement pursuant to
section Al2.1 (Termination Where No Appropriation or Funds under the Cap and
Trade Program), the Province may take one or more of the following actions:
(a) cancel further instalments of Funds;
(b) demand the payment of any Funds remaining in the possession or under
the control of the Recipient; and
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(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 Al2.2(b).
Al2.3 No Additional Funds. If pursuant to paragraph Al2.2(c), the Province
determines that the costs to wind down the Projects 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 EVENTS OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR
DEFAULT
A13.1 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,
without limitation, failing to do any of the following in accordance with the
terms and conditions of the Agreement:
(i) carry out any Eligible Project;
(ii) use or spend Funds; or
(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).
(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 of the OMCC Program;
(c) the Recipient makes an assignment, proposal, compromise, or
arrangement for the benefit of creditors, or a creditor makes an application
for an order adjudging the Recipient bankrupt, or applies for the
appointment of a receiver;
(d) the Recipient ceases to operate; or
(e) the Recipient fails to require a Partner or a Third Party to remedy an event
such as an Event of Default listed above and the failure is not remedied
within, at the latest and if any, the Notice Period given to the Recipient
pursuant to section 13.4 (Recipient Not Remedying).
A13.2 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
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actions:
(a) initiate any action the Province considers necessary in order to facilitate
the successful continuation or completion of any Eligible 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 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 and interest earned, 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.
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.
A13.4 Recipient Not Remedying. If the Province 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
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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).
A13.5 When Termination Effective. Termination under this Article A13.0 (Events 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
A14.1 Funds at the End of a Funding Year. Without limiting any rights of the Province
under Article A13.0 (Events of Default, Corrective Action, and Termination for
Default) and subject to Article D2.0 (Changes to Annual Allocations), if the
Recipient has not spent all of the Funds allocated for a Funding Year as provided
for in the Annual Allocation for that year, the Province will allow the Recipient to
keep the Funds in the account specified under paragraph A4.1(b) and use the
Funds in any subsequent Funding Year, up to the Projects End Date, for any
Eligible Project in accordance with the Agreement.
A15.0 FUNDS UPON PROJECTS END DATE
A15.1 Funds Upon Projects End Date. The Recipient will, upon the Projects End
Date, pay to the Province any Funds and interest earned on the Funds remaining
in its possession or under its control.
A15.2 Return of Funds for Incomplete Eligible Project. The Recipient will, if Funds
have been used towards an Eligible Project and the Recipient has not completed
the Eligible Project by the Projects End Date, pay to the Province an amount
equal to any Funds the Recipient used for that Eligible Project.
A16.0 DEBT DUE AND PAYMENT
A16.1 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, included interest earned,
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:
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(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.
A16.4 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" (Recipient Information).
A16.5 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
A17.1 Notice in Writing and Addresses. Notice will be in writing and will be delivered
by email, postage-prepaid mail, personal delivery or fax, and will be addressed to
the Province and the Recipient respectively as provided for in Schedule "B"
(Recipient Information), or as either Party later designates to the other by Notice.
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 Al7.2(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
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fax.
A18.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT
A18.1 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
A19.1 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 Request. Either Party may, in accordance with the Notice provision 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 Request) 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.
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.
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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.
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,
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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 7 years from the date of expiry
or termination of the Agreement: Articles 1.0 (Entire Agreement), 3.0
(Counterparts), and A1.0 (Interpretation and Definitions) and any other applicable
definitions, paragraphs A2.1(a) and A4.2(c), sections A4.6 (Interest), A4.8
(Recipient's Acknowledgement of Responsibility for Projects), A5.2 (Disposal),
A7.1 (Preparation and Submission) (to the extent that the Recipient has not
provided the Reports to the satisfaction of the Province), A7.2 (Record
Maintenance and Audit), A7.3 (Inspection), A7.4 (Disclosure), A7.5 (No Control
of Records), A7.6 (Auditor General), and A7.7 (Calculations), Articles A8.0
(Communications Requirements), and 9.0 (Indemnity), sections A11.2
(Consequences of Termination on Notice by the Province), Al2.2
(Consequences of Termination Where No Appropriation or Funds Under the Cap
Trade Program), Al2.3 (No Additional Funds), and A13.1 (Events of Default),
paragraphs A13.2(d), (e), (f), (g) and (h), Articles A15.0 (Funds Upon Projects
End Date), 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),
this Article A28.0 (Survival), and Articles 29.0 (Aboriginal Consultation), A30.0
(Partners), and Article A31.0 (Agreements for Use of Land).
A29.0 ABORIGINAL CONSULTATION
A29.1 Aboriginal Consultation Protocol. The Parties agree to be bound by the terms
of the Aboriginal Consultation Protocol set out in Schedule "I" (Aboriginal
Consultation Protocol).
A29.2 Funding Conditional upon Meeting Aboriginal Consultation Obligations.
The Recipient agrees that the funding under the Agreement is conditional upon
the Province being satisfied that its obligations with respect to the legal duty to
consult and, if applicable, accommodate Aboriginal Communities have been met.
A30.0 PARTNERS
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A30.1 Recipient Representation re. Partner Agreements. If the Recipient has one or
more Partners for any Eligible Project, the Recipient:
(a) warrants that it is entitled to represent each of its Partners, and represents
that each Partner has committed itself to undertake all steps necessary to
support the Recipient in fulfilling its obligations as specified in the
Agreement; and
(b) agrees to bind each of its Partners to the applicable terms and conditions
of the Agreement including, without limitation, those listed in section
A5.3 (Contract Provisions) through a Partner Agreement.
A30.2 Copy of Partner Agreement. The Recipient agrees to make accessible to the
Province at all times and, upon the Province's request, provide the Province with
a copy of any Partner Agreement.
A30.3 Responsibilities of Recipient. Despite having one or more Partners for any
Eligible Project and entering into a Partner Agreement with each of its Partners,
the Recipient assumes the sole responsibility towards the Province for the
implementation, management and coordination of the entire Eligible Project and
the fulfilment of all obligations arising from the Agreement. Accordingly, the
Recipient agrees that it bears the financial and legal responsibility for the entire
Eligible Project and for each of its Partners. The Recipient will be held liable, in
the same way as for its own conduct, if obligations as laid out in the Agreement
or in applicable Requirements of Laws are not fulfilled by any of its Partners.
A30.4 Liability. Without limiting the requirements of the indemnity and insurance
obligations under the Agreement, the Recipient agrees to ensure that each
Partner agrees that the Province will not, under any circumstances or for any
reason whatsoever, be held liable for damage or injury sustained by the staff or
property of the Partner while any of the Eligible Project is being carried out. The
Province can therefore not accept any claim for compensation or increases in
payment in connection with such damage or injury.
A30.5 Public Disclosure. The Recipient will ensure that each Partner agrees to the
Province publicly disclosing, in communications concerning any Eligible Project,
any of the Recipient's Partner's name and address, and the purpose and amount
of funds, if any, provided to the Partners.
A31.0 AGREEMENTS FOR USE OF LAND
A31.1 Agreements with Land Owners or Lessees. If the Recipient does not own the
land on which an Eligible Project is located, either in whole or in part, the
Recipient agrees to enter into a legally binding agreement with each of the land
owners or lessees that sets out the terms and conditions under which the land
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owner or lessee, as applicable, agrees to allow the Recipient to use the land for
the Project until, at a minimum, 5 years from the Eligible Project start date.
A31.2 Agreements with Lessees. If an agreement described in paragraph (a) is with a
lessee, the agreement shall include representations and warranties that the
lessee has the right, pursuant to its agreement with the lessor, or has obtained
the necessary consent from the lessor to allow the Recipient to use the land for
the Project until, at a minimum, 5 years from the Eligible Project start date.
A32.0 CONDITIONS PRECEDENT
A32.1 List of Conditions Precedent. The Province's funding under the Agreement is
conditional upon each of the following conditions precedent being met to the
Province's satisfaction:
(a) on or before the Effective Date and annually thereafter, the Recipient
providing the Province with, in form and substance satisfactory to the
Province:
(i) a copy of the annual enabling by-law(s) and, if applicable, any council
resolution(s) confirming that the council approves each Eligible Project
and the Agreement including, without limitation, the Recipient's
contribution under the Agreement, and confirming the authorized
representatives of the Recipient for the Agreement;
(ii) if the authorized representatives under paragraph (i) are not the head
of council and clerk of the municipality, or it is unclear, in the
Province's opinion, from the by-law(s) and, if applicable, council
resolution(s) that the council has approved each Eligible Project and
the Agreement, or both, a legal opinion from the Recipient's legal
counsel confirming such authorized representatives and any approval;
(iii) the certificate(s) of insurance or other proof as the Province may
request pursuant to section A10.2 (Proof of Insurance); and
(iv) an Annual Declaration of OMCC Participation; and
(b) prior to any Funds being provided to the Recipient:
(i) the necessary information, pursuant to section A4.5 (Interest Bearing
Account), to facilitate an electronic funds transfer to an interest
bearing account in the name of the Recipient at a Canadian financial
institution; and
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(ii) written confirmation of the street address at which Projects documents
are kept at both the premises of the Recipient and each of the
Partners; and
(c) prior to the Recipient using any Funds for an Eligible Project:
(i) written confirmation that the Recipient has entered into a Partner
Agreement with each of its Partners, if any, for the Eligible Project;
(ii) if the Recipient does not own the land on which an Eligible Project is
located, written confirmation that the Recipient has entered into a
legally binding agreement as described in Article A31.0 (Agreements
for Use of Land); and
(iii) to the extent that any environmental assessment or any other
approval is required for an Eligible Project for which Funds were
received, a warranty that the assessment has been completed and the
approval has been obtained.
For greater certainty, if the Province provides any Funds to the Recipient prior to
any of the conditions set out in this Article A32.0 (Conditions Precedent) having
been met, and has not otherwise waived compliance with such condition as set
out in Article A20.0 (Waiver), the Province may initiate any one or more of the
actions provided for in section A13.2 (Consequences of Events of Default and
Corrective Action).
- END OF GENERAL TERMS AND CONDITIONS -
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SCHEDULE "B"
RECIPIENT INFORMATION
Contact information Position: Manager, Division Services and Program
for the purposes of Management Office
Notice to the
Province Address: Division Services and Program
Management Office
Ontario Municipal Commuter Cycling
(OMCC) Program
Ontario Ministry of Transportation
777 Bay Street, 30th Floor
Toronto ON M7A 2J8
Phone: 1-844-671-7438
Fax: 416-585-7204
Email: cycling@ontario.ca
Contact information Position: Mr. Adam Weishar
for the purposes of Director of Public Works
Notice to the
Recipient Address: 1475 Concession 5, RR#5
Kindardine, ON N2Z 1M4
Phone: (519) 396-3468 ( Ext. 7119)
Fax: (519) 396-8288
Email: aweisharkincardine.net
Kincardine and Ontario OMCC Program TPA Page 31 of 67
Authorized Position: Manager, Division Services and Program
Representative of Management Office
the Province for the
purpose of sections Address: Division Services and Program
C3.2(Amending Management Office
Agreement for Ontario Municipal Commuter Cycling
Changes to the (OMCC) Program
Eligible Projects Ontario Ministry of Transportation
List), D2.2 777 Bay Street, 30th Floor
(Amending Toronto ON M7A 2J8
Agreement for
Changes to Annual Phone: 1-844-671-7438
Allocations) and F7.2
(Amending Fax: 416-585-7204
Agreement for
Changes to the Email: cycling@ontario.ca
Reporting)
Authorized Position: Mrs. Sharon Chambers
Representative of Chief Administrtive Officer
the Recipient for the
purpose of sections Address: 1475 Concession 5, RR5
C3.2(Amending Kindardine, ON N2Z 2X6
Agreement for
Changes to the Phone: (519) 396-3468
Eligible Projects
List), D2.2 Fax: n/a
(Amending
Agreement for Email: caoCa�kincardine.net
Changes to Annual
Allocations)and F7.2
(Amending
Agreement for
Changes to the
Reporting)
Kincardine and Ontario OMCC Program TPA Page 32 of 67
Senior Financial Position: Ms. Roxana Baumann
Officer of the Treasurer/Director of Finance
Recipient
Address: 1475 Concession 5, RR5
Kindardine, ON N2Z 2X6
Phone: (519) 396-3468
Fax: n/a
Email: cao@kincardine.net
Kincardine and Ontario OMCC Program TPA Page 33 of 67
SCHEDULE "C"
ELIGIBLE PROJECTS LIST AND TIMELINES
C1.0 ELIGIBLE PROJECTS LIST
C1.1 Eligible Project Eligibility Requirements. To be eligible for funding under the
OMCC Program and to be considered for approval as an Eligible Project by the
Province for the Eligible Projects List, a project must, in addition to being listed in
section C1.2 (Eligible Cycling Infrastructure Project Types), meet all of the
following requirements:
(a) be primarily for and increase commuter cycling, as opposed to being
primarily for recreational or touring, and reduce vehicle trips;
(b) reduce GHGs;
(c) connect to significant trip origins and destinations, in the opinion of the
Province, with commuter cycling infrastructure;
(d) have its cycling infrastructure designed in accordance with the guidelines
in the Ontario Traffic Manual - Book 18 - Cycling Facilities;
(e) if the Recipient has a population of 15,000 individuals or greater, be
identified on a municipal council approved i) cycling plan, or ii) active
transportation plan;
(f) be a standalone infrastructure project or an identifiable commuter cycling
component of a larger infrastructure project; and
(g) if the project impacts provincial or federal transportation infrastructure, it
must have received all necessary prior approvals from the provincial or
federal government prior to its implementation.
C1.2 Eligible Cycling Infrastructure Project Types. The following types of
commuter cycling infrastructure projects, if they meet the eligibility requirements
set out under section C1.1 (Eligible Project Eligibility Requirements), may be
approved by the Province for the Eligible Projects List:
• Shared roadway with signed bicycle route;
• Signed bicycle route with paved shoulder;
• Conventional bicycle lane;
• Contraflow bicycle lane;
• Separated bicycle lane (with painted buffer or physical barrier);
• Raised cycle track;
• Bicycle priority street;
Kincardine and Ontario OMCC Program TPA Page 34 of 67
• Construction/modification of bridges, tunnels and access ramps for
cycling;
• Bike specific signage, signalling and pavement markings;
• Automated bike counters;
• Bicycle-only facility;
• Intersection modification;
• Bike racks or other bike storage;
• Off-road multi-use paths; and
• Any other project the Province may, at its sole discretion, approve.
C1.3 Projects on the Eligible Projects List. Subject to a project meeting the
requirements set out in section C1.1 (Eligible Project Eligibility Requirements)
and any applicable terms and conditions of the Agreement, and being one of the
types listed under section C1.2 (Eligible Cycling Infrastructure Project Types), a
project listed in Sub-schedule "C.1" (Eligible Projects List) is considered an
Eligible Project.
The Recipient is responsible for submitting Eligible Projects that meet any
applicable terms and conditions of the Agreement. The Ministry, may, at its sole
discretion, approve any or all projects submitted by the Recipient for the Eligible
Projects List.
C2.0 TIMELINES
C2.1 Timelines. The Recipient will complete any Eligible Project it chooses to
implement no later than December 30, 2020.
C3.0 CHANGES TO THE ELIGIBLE PROJECTS
C3.1 Changes to the Eligible Projects List. Subject to Section C3.2 (Amending
Agreement for Changes to the Eligible Projects List) and unless the Province
agrees otherwise, the Recipient can request changes to the Eligible Projects List:
(a) in the case of the first Funding Year, by February 1, 2018; and
(b) in the case of Funding Years subsequent to the first Funding Year, by May
1 and October 1.
C3.2 Amending Agreement for Changes to the Eligible Projects List. Any change
made to the Eligible Projects List, pursuant to section C3.1 (Changes to the
Eligible Projects List), must be documented through a written agreement
executed as set out in section 4.3 (Execution of Amending Agreements -
Exceptions).
Kincardine and Ontario OMCC Program TPA Page 35 of 67
SUB-SCHEDULE"C.1"
ELIGIBLE PROJECTS LIST
Ontario Municipal Commuter Cycling(OMCC)Program
2017 Application-Kincardine
Potential Eligible Project List
ELIGIBLE PROJECT ELIGIBLE PROJECT DESCIRPTION ELIGIBLE PROJECT PROJECT TYPE POTENTIAL POTENT! POTENTIAL COMMUTER OR FREQUENT CYCLING BENEFITS
TITLE LOCATION START AL COMMUTER
DATE COMPLE RIDERSHIP
TION
DATE
Municipality of A Municipal Bicycle Master Plan Within the New Bike Plan November, April, Unknown at 1.Better cycling networks:
Kincardine Master would guide the development of a Municipality of 2017 2018 this time The majority of the 12,000 population of the Municipality of Kincardine
Bike Plan long term,comprehensive,Municipal Kincardine (MoK)lives along the Lake Huron shoreline. Currently there are no
wide,on and off-road commuter and commuter cycling routes to connect the population to employment areas.
recreational bicycling network.The Having a cycling plan in place would pave the way for adding commuter
plan would provide and advance a cycling routes for those going to work in the town of Kincardine(second
vision for cycling within the largest employer)and those commuting to the largest employer-Bruce
municipality;detail a series of first Power(3,500-4,500 employees)
principles to implement this vision;
define a strategic approach for the 2.Safe cycling:
commuter and recreational cyclist Currently the main shoreline commuter cycling route is deemed unsafe
that recognizes the distinct for cyclists to use due to;unpaved shoulders,traffic speed,poor sight-
operational and design needs of the lines etc. Developing a MoK cycling plan will enable the development of
specific user;recommend an off-road commuter cycling path
mechanisms for implementation;
contribute to the development of 3.More Commuter Cycling Infrastructure
linkages and extensions to existing Developing a MoK commuter cycling plan will be a welcomed start to
routes,as well as define future costs putting cycling safety measures in place that has the potential to have a
and recommend budgeting dramatic impact on the amount cyclists commuting to and from work and
strategies. thereby reducing the amount of motor vehicles on the road. As it stands
now commuter cycling is anything but comfortable,so much so that it
deters commuter cycling.
Kincardine and Ontario OMCC Program TPA Page 36 of 67
SCHEDULE "D"
DESCRIPTION OF ANNUAL ALLOCATIONS
01.0 ANNUAL ALLOCATIONS
D1.1 Annual Declaration of OMCC Participation. The Recipient will provide to the
Province, on or before the Effective Date and annually thereafter, regardless of
whether or not the Recipient chooses to participate in the OMCC Program in any
Funding Year, an Annual Declaration of OMCC Participation in the form set out in
Sub-schedule "D.2" (Form of Annual Declaration of OMCC Participation).
D1.2 Province's Review and Approval of Annual Declaration of OMCC
Participation. Upon receipt, the Province will review the Annual Declaration of
OMCC Participation, together with any other declarations, reports or documents
received from the Recipient pursuant to the Agreement, and may take one of the
following actions: 1) approve it; 2) request for it to be modified and resubmitted
for approval; or 3) refuse to approve it. Upon approval, at the Province's sole
discretion, Sub-schedule "D.1" (Table of Annual Allocations) will be amended and
the Table of Annual Allocations deleted and replaced with a new table to capture
any required changes.
D1.3 Annual Allocation Maximum Amount. The Annual Allocation in any Funding
Year will be up to the amount set out in the updated Table of Annual Allocations,
pursuant to section D1.2 (Province's Review and Approval of Annual Declaration
of OMCC Participation), for that Funding Year.
D2.0 CHANGES TO ANNUAL ALLOCATIONS
D2.1 Changes to Annual Allocations. Subject to section D2.2 (Amending
Agreement for Changes to Annual Allocations), the Parties agree that changes
including, without limitation, the deletion and replacement of the Table of Annual
Allocations in Sub-schedule "D.1" (Table of Annual Allocations) on a yearly basis
pursuant to section D1.2 (Province's Review and Approval of Annual Declaration
of OMCC Participation) will be made to the Annual Allocations.
D2.2 Amending Agreement for Changes to Annual Allocations. Any change made
to the Annual Allocations, pursuant to section D2.1 (Changes to Annual
Allocations), must be documented through a written agreement executed as set
out in section 4.3 (Execution of Amending Agreements - Exceptions).
Kincardine and Ontario OMCC Program TPA Page 37 of 67
SUB-SCHEDULE "D.1"
TABLE OF ANNUAL ALLOCATIONS
FUNDING YEAR PARTICIPATION ANNUAL RECIPIENT OTHER FINANCIAL
IN THE OMCC ALLOCATION FOR CONTRIBUTION CONTRIBUTION
PROGRAM FOR THE PROJECTS
THE FUNDING
YEAR (YES/NO)
2017-2018 YES $ 25,000.00
2018-2019
2019-2020
2020-2021
TOTAL =` $ 25,000.00
Kincardine and Ontario OMCC Program TPA Page 38 of 67
SUB-SCHEDULE "D.2"
FORM OF ANNUAL DECLARATION OF OMCC PARTICIPATION
ANNUAL DECLARATION OF OMCC PARTICIPATION
TO: Transportation Policy Branch
Ontario Ministry of Transportation
777 Bay Street, 30th Floor
Toronto, ON M7A 2J8
Telephone: 1-844-671-7438
Facsimile: (416) 585-7204
E-mail: cycling@ontario.ca
FROM: Name/Title: [Enter the name and title of the authorized
representative of the Recipient]
Address: [Enter the address of the authorized
representative of the Recipient.]
Telephone: [Enter the telephone number of the authorized
representative of the Recipient.]
Facsimile: [Enter the facsimile number of the authorized
representative of the Recipient]
Email: [Enter the email address of the authorized
representative of the Recipient]
RE: Ontario Municipal Commuter Cycling Program ("OMCC Program") -Annual
Declaration of OMCC Participation
In the matter of the Ontario Municipal Commuter Cycling (OMCC) Program Transfer
Payment Agreement entered into between Her Majesty the Queen in right of Ontario,
represented by the Minister of Transportation for the Province of Ontario, and the [Enter
the legal name of the municipality.] (the "Recipient"), on
(the "Agreement").
[Enter the name and title of the authorized
representative of the Recipient listed in Schedule "B" (Recipient Information).],
having made such inquiries as I have deemed necessary for this declaration, hereby
certify that to the best of my knowledge, information and belief:
1. The Recipient will participate in the OMCC Program for the [Enter the Funding
Year.] and requests funding for each of the projects listed in this declaration.
Kincardine and Ontario OMCC Program TPA Page 39 of 67
2. The Recipient has a population, as indicated in the applicable box at the end of each
of the following statements:
a) of 15,000 individuals or greater.
❑ yes ❑ no
b) less than 15,000 individuals.
❑ yes ❑ no
3. The Recipient, as indicated in the applicable box at the end of each of the following
statements:
a) has a municipal council approved cycling plan, a copy of which can be accessed
at [Enter the link.] or is attached to this declaration, or both, and all the projects
listed in this declaration for consideration for OMCC funding are supported by
this plan.
❑ yes ❑ no
b) if the Recipient's answer under a) above is no, will develop a cycling plan. Once
the municipal council has approved the plan, the Recipient will submit a copy of it
to the Province. The Recipient will then also provide to the Province a list of
projects supported by the plan for the Province's consideration for OMCC
funding.
❑ yes ❑ no
4. If the Recipient has a population of 15,000 individuals or greater, the Recipient has
not and will not use OMCC Funds for any project until the municipal council has
approved the cycling plan under which the project is supported, and the Province
has approved and added the project on the Eligible Projects List.
5. The Recipient is submitting the following projects for the Province's consideration
for OMCC funding for the [Enter the Funding Year.]:
Kincardine and Ontario OMCC Program TPA Page 40 of 67
PROJECT PROJECT POTENTIAL POTENTIAL CURRENT POTENTIAL COMMUTER MAJOR POTENTIAL
TITLE LOCATION START COMPLETION ESTIMATED COMMUTER OR ORIGIN/ VEHICLE
AND DATE DATE WEEKDAY RIDERSHIP FREQUENT DESTINA- TRIP
LENGTH RIDERSHIP OF CYCLING TION REDUCTION
IN PROJECT COMPLETED BENEFITS
AREA PROJECT
Declared at (city), in the Province of Ontario, this day of
, 20 .
(Signatures)
Name: Witness Name:
Title: Title:
Kincardine and Ontario OMCC Program TPA Page 41 of 67
SCHEDULE "E"
ELIGIBLE AND INELIGIBLE COSTS
E1.0 DEFINITION
E1.1 Definition. For the purposes of this Schedule "E" (Eligible and Ineligible Costs):
"Eligible Costs Date of Effect" means:
(a) the Effective Date; or
(b) in the case of the 2017-18 Funding Year for Eligible Projects included in
applications submitted by September 8, 2017, May 30, 2017.
E2.0 ELIGIBLE COSTS
E2.1 Eligible Costs Date of Effect. Eligible Costs can begin to accrue as of the
Eligible Costs Date of Effect.
E2.2 Scope of Eligible Costs. Eligible Costs are the direct capital costs which are, in
the Province's opinion, properly and reasonably incurred and paid by the
Recipient for the design and construction of an Eligible Project. Eligible Costs
include, unless the Province otherwise provides in writing, only the following
capital costs that are directly attributable to the commuter cycling component of
the Eligible Project:
(a) municipal council approved initial cycling plan and any update to the initial
plan, up to a maximum of 80% of the total Funds to be provided under the
Agreement towards the Eligible Costs of the Projects;
(b) municipal council approved active transportation plan, up to a maximum of
80% of the total Funds to be provided under the Agreement towards the
Eligible Costs of the Projects;
(c) design and engineering;
(d) materials to construct an Eligible Project;
(e) labour to construct an Eligible Project; and
(f) costs not listed in paragraphs E2.2 (a), (b), (c), (d) and (e) that the
Province considers necessary for the successful implementation of an
Eligible Project and which have received the prior written approval of the
Province.
Kincardine and Ontario OMCC Program TPA Page 42 of 67
E3.0 INELIGIBLE COSTS
E3.1 Scope of Ineligible Costs. Unless a cost is considered an Eligible Cost
pursuant to Article E2.0 (Eligible Costs), all other costs will be considered an
Ineligible Cost. Without limitation, indirect costs listed in section E3.2 (Indirect
Costs), the costs that are over and above the OMCC Program scope listed in
section E3.3 (Costs Above Projects Scope), and the following costs will be
considered, at the sole discretion of the Province, Ineligible Costs:
(a) planning costs;
(b) data collection;
(c) tourism cycling infrastructure;
(d) recreation cycling infrastructure;
(e) low frequency cycling infrastructure;
(f) multi-use infrastructure, unless it is primarily for commuter cycling and not
primarily for other cycling, active transportation or other modes of
transportation;
(g) planning;
(h) property acquisition, property costs, ancillary property acquisition costs
and any interest in land;
(i) administration/overhead by the Recipient, municipal staff and municipal
project management;
(j) legal;
(k) maintenance or minor capital improvements to existing commuter cycling
infrastructure;
(I) landscaping;
(m) maintenance work;
(n) roadway works (if constructed at the same time as the Eligible Project,
only the Eligible Project's Eligible Costs will be funded);
(o) operational costs;
(p) data collection required for the Usage Data Report;
(q) communications events, including educational or promotional signage;
(r) roadway lighting not specifically for commuter cycling infrastructure;
(s) end of route or in-route support facilities, including but not limited to
showers, change rooms, benches for resting;
(t) data collection (other than capital costs associated with purchasing
automatic bicycle counters) costs;
(u) Recipient's regular business costs;
(v) environmental assessment and other approval costs;
(w) storage costs for projects which extend for more than one year;
(x) financing charges;
(y) pedestrian-only or motor vehicle infrastructure;
(z) GIS mapping;
(aa) in-kind contributions, including labour and materials;
(bb) work initiated prior to May 30, 2017;
Kincardine and Ontario OMCC Program TPA Page 43 of 67
(cc) non-commuter cycling infrastructure or other works located on or adjacent
to the Eligible Project that is part of an Eligible Project;
(dd) addition/modification of roadways, intersections or turning lanes for motor
vehicles and that are not part of an Eligible Project;
(ee) infrastructure additions/modifications that do not increase commuter
cycling (e.g., decorative lighting and paving); and
(ff) any other costs which are not specifically listed as Eligible Costs in section
E2.2 (Scope of Eligible Costs) and which, in the opinion of the Province,
are considered to be ineligible.
E3.2 Indirect Costs. Without limitation, the following indirect costs are Ineligible
Costs and are not eligible for funding under the OMCC Program:
(a) applying for provincial funding;
(b) OMCC Program evaluation and audit, unless otherwise explicitly set out in
the Agreement;
(c) office space in a facility, including a maintenance and storage facility;
(d) obtaining necessary approvals, licenses or permits where the Recipient is
the entity providing the approval, license or permit;
(e) costs associated with planning studies and project planning, other than
those specified in the Eligible Projects List, including the Recipient's
Official Plan and Transportation Master Plan;
(f) salaries and other employment benefits of any employees, overhead costs
as well as other direct or indirect operating or administrative costs of the
Recipient, and more specifically these costs as related to planning,
engineering, architecture, supervision, management and other services
provided by the Recipient's permanent staff and funded under the
Recipient's operating budget;
(g) any activities that are part of the regular operation and maintenance of
municipal assets, including operation and maintenance costs related to
the Projects;
(h) carrying costs incurred on the funding share of any funding partner;
(i) municipal staff travel;
(j) litigation costs, including any litigation costs, incurred by the Recipient in
proceedings against the Province or the Recipient;
(k) costs not expressly approved by the Province; and
(I) refundable portion of the Harmonized Sales Tax (HST) or other taxes and
fees.
E3.3. Costs Above Projects Scope. The Province will not fund expenditures related
to activities undertaken as part of the Projects that are over and above the scope
Kincardine and Ontario OMCC Program TPA Page 44 of 67
of the Projects on the Eligible Projects List. These costs include, but are not
limited to:
(a) upgrading municipal services and utilities;
(b) relocating municipal services and utilities unless specifically required for
the Eligible Project;
(c) upgrades to materials beyond pre-existing municipal standards; and
(d) costs for Eligible Projects not completed by December 30, 2020.
Kincardine and Ontario OMCC Program TPA Page 45 of 67
SCHEDULE "F"
REPORTING AND EVALUATION
F1.0 ANNUAL FINANCIAL REPORTS
F1.1 Annual Financial Reports. Unless the Province otherwise specifies in writing to
the Recipient, the Recipient will submit to the Province an Annual Financial
Report, in the form provided in section F5.3 (Form of Annual Financial Reports),
on or before January 28 of each Funding Year. The Annual Financial Report will:
(a) be certified by the senior financial officer of the Recipient listed in Schedule
"B" (Recipient Information), and identify any actual or potential financial
issues in carrying out any of Eligible Projects, and corresponding mitigating
strategies;
(b) account for all Eligible Costs incurred for each Eligible Project completed or
in the process of being completed, and include appropriate confirmation
that the Recipient has provided its 20% share of Eligible Costs for each
Eligible Project;
(c) declare any interest earned on the Funds and the use of that interest for
the implementation of any Eligible Project; and
(d) include, if required pursuant to section 13.1 (Requirements for Aboriginal
Consultation Record), an Aboriginal Consultation Record and any update
to it.
F2.0 ANNUAL IMPLEMENTATION REPORTS
F2.1 Annual Implementation Reports. Unless the Province specifies otherwise in
writing to the Recipient, the Recipient will submit to the Province an Annual
Implementation Report, in the form provided in section F5.2 (Form of Annual
Implementation Reports and Final Report) certified by the senior financial officer
of the Recipient identified in Schedule "B" (Recipient Information) and a
professional engineer, identifying any actual or potential project, its current status
and implementation issues in carrying out any Eligible Project and corresponding
mitigating strategies, on or before January 28 in each Funding Year.
F2.2 Annual Eligible Projects Declaration. The Recipient will submit, together with
each Annual Implementation Report, an Annual Eligible Projects Declaration in
accordance with Article J3.0 (Annual Eligible Projects Declaration).
F3.0 FINAL REPORT
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F3.1 Final Report. Unless the Province otherwise specifies in writing to the
Recipient, the Recipient will submit to the Province a Final Report, in the form
provided in section F5.2 (Form of Annual Implementation Reports and Final
Report), on or before February 28, 2021.
F3.2 Aboriginal Consultation Reporting. The Final Report will also include, if
required pursuant to section 13.1 (Requirements for Aboriginal Consultation
Record), an Aboriginal Consultation Record, as defined in section 11.1
(Definitions), and any update to it.
F4.0 USAGE DATA REPORTING
F4.1 Completion of post-project Evaluation.
(a) Unless the Province otherwise agrees, at its sole discretion and in writing,
the Recipient agrees to conduct a post-project evaluation of each Eligible
Project for the first 24 months after each Eligible Project is opened for
use.
(b) The purpose of the post-project evaluations in paragraph (a) is to assist
the Province in assessing the increase in commuter cycling resulting from
each Eligible Project and the resultant GHG benefits.
F4.2 Usage Data Reports.
(a) An Eligible Projects Usage Data Report will be submitted after each
Eligible Project within 30 days of completing the required counts.
(b) The Recipient will submit to the Province a Final Usage Data Report that
summarizes all Eligible Projects Usage Data Reports no later than 60
days after March 31, 2023. Despite the above, if all of the data collection
requirements in the Agreement have been met, the Recipient can submit
the Final Usage Data Report earlier.
(c) The Recipient will, in accordance with section F4.3 (Required Counts for
an Eligible Projects Usage Data Report) and for the purpose of the Usage
Data Reports, count the number of cyclists using the infrastructure built for
each Eligible Project.
(d) For each collection period, the Recipient will specify the day of the week,
date and time of day the count was conducted, as well as the weather
conditions at the time of the count.
(e) The Recipient must submit two Eligible Projects Usage Data Report for
each Eligible Project, one for first 12 months of operation and one for the
Kincardine and Ontario OMCC Program TPA Page 47 of 67
second 12 months of operation.
(f) If the Recipient already has an established counting program, the
Recipient can use it and submit extra data.
F4.3 Required Counts for an Eligible Projects Usage Data Report. The Recipient
will collect the data for an Eligible Projects Usage Data Report using the following
counting methods:
Automated Counters (Permanent and Portable)
(a) If automated counters are installed for any Eligible Project, the Recipient
will collect data for that Eligible Project using the automated counters.
(b) The Recipient will collect data, under (a) above, on a 24-hour daily
continuous basis for the timeframes specified in F4.4 (Data Collection
Timeframe).
Manual Counts
If manual counts are carried out for a completed Eligible Project, the Recipient
agrees to complete 3 counts in the same month for the timeframes specified in
F4.4 (Data Collection Timeframe) as follows:
(a) one count on a Tuesday, Wednesday or Thursday between 07:00 and
10:00;
(b) a second count on the Tuesday, Wednesday or Thursday used for
paragraph F4.3(a) for any two consecutive hours between 15:00 and
19:00; and
(c) a third count on the Saturday preceding or following the counts in
paragraphs F4.3(a) and (b) between 12:00 and 14:00.
F4.4 Data Collection Timeframe. The Recipient will collect data for the Usage Data
Report after Substantial Completion of each Eligible Project. The Recipient will
submit an Eligible Projects Usage Data Report for that Eligible Project to the
Province..
Automated Counters (Permanent and Portable)
(a) Recipients with automated counters will collect data for 24 consecutive
months after an Eligible Project is opened for use, and aggregate those
data as directed by the Province.
(b) Recipients with permanent automated counters on the site of an Eligible
Kincardine and Ontario OMCC Program TPA Page 48 of 67
Project will collect data continuously for the first 24 months.
(c) Recipients with portable automated counters, whether purchased with
Funds or not, will collect data continuously 24 hours per day for seven
consecutive days, twice in the first 12 months of operation at least five
months apart, and twice in the second 12 months of operation at least
five months apart..
Manual Counts
(a) The Recipient will collect data as follows:
(i) If the Recipient's population is less than 15,000 individuals, the
Recipient will collect data in September and May or July of each
year for 24 months.
(ii) If the Recipient's population is 15,000 individuals or greater, the
Recipient will collect data once per season (4 times per year) for
24 months.
F4.5 Costs. The Recipient will be responsible for its own costs in relation to the
data collection, and the preparation and submission of the Usage Data Report.
F5.0 ADMINISTRATIVE PROCEDURE AND FORM
F5.1 Administrative Procedures. The Recipient will, when submitting Reports, follow
the administrative procedures specified by the Province.
F5.2 Form of Annual Implementation Reports and Final Report. The Annual
Implementation Reports and Final Report will be in a form satisfactory to the
Province and will include all of the following:
(a) a detailed description and status of work for each Eligible Project, whether
under development or completed, for which Funds will be or have been
used, including photographs;
(b) projected completed date of each Eligible Project under construction or for
which Funds are projected to be used to complete the Eligible Project by
December 30, 2020;
(c) how the communications requirements set out in Schedule "G"
(Communications Protocol) have been implemented or applied in the
Funding Year;
(d) copies of certificates of Substantial Completion for each Eligible Project;
Kincardine and Ontario OMCC Program TPA Page 49 of 67
(e) a warrant for each Eligible Project that any required approval including,
without limitation, land approval has been obtained and complied with;
(f) details of how the objectives of the Province have been met;
(g) if required pursuant to section 13.1 (Requirements for Aboriginal
Consultation Record), an Aboriginal Consultation Record, as defined in
section 11.1 (Definitions), and any update to it; and
(h) any other information respecting the Projects the Province may, at its sole
discretion, request.
F5.3 Form of Annual Financial Report. The Annual Financial Report will be in a form
satisfactory to the Province and will include all of the following:
(a) the Funds spent on each Eligible Project;
(b) Eligible Costs of each Eligible Project;
(c) funding provided by the Recipient and received from third party sources
for each Eligible Project;
(d) the amount of Funds in the interest bearing account at the beginning and
end of each Funding Year;
(e) the interest earned on the Funds and the use of the interest for the Eligible
Costs of Eligible Projects;
(f) Funds remaining in the interest bearing account by December 30, 2020;
and
(g) details on how the Province's interests, with respect to climate change by
reducing vehicle trips and GHGs through increased commuter cycling,
have been met.
F6.0 PUBLIC DOCUMENTS
F6.1 Public Documents. The Recipient acknowledges and agrees that the Reports
and any other report will be public documents.
F7.0 CHANGES TO REPORTING
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F7.1 Changes to the Reporting. Subject to section F7.2 (Amending Agreement for
Changes to the Reporting), the Parties agree that changes, as determined by the
Province at its sole discretion, may be made to the reporting.
F7.2 Amending Agreement for Changes to the Reporting. Any change made to
the reporting, pursuant to section F7.1 (Changes to the Reporting), must be
documented through a written agreement executed as set out in section 4.3
(Execution of Amending Agreements - Exceptions).
Kincardine and Ontario OMCC Program TPA Page 51 of 67
SCHEDULE "G"
COMMUNICATIONS PROTOCOL
G1.0 PURPOSE
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 Promotion. The Recipient must promote each Eligible Project when opened for
use by cyclists through communications activities and products as being funded
by the province through Climate Action Plan funding. The Recipient must also
promote that each Eligible Project's purpose is to support GHG reduction by
supporting increase commuter cycling.
G2.2 Joint Communications. The Recipient agrees to obtain the Province approval
for all communications products and to undertake joint communications activities
and collaborate on products to ensure open, effective, and proactive
communications.
G2.3 Recognition and Prominence. Unless the Province specifies otherwise, the
financial contribution of the Province will receive equal recognition and
prominence in any Eligible Project related communications, including when
logos, symbols, flags, and other types of identification are incorporated into
events signs.
G2.4 Announcements and Ceremonies. All announcements and ceremonies will be
organized jointly with equal participation from the Recipient and the Province.
G2.5 Electronic Media. All communications through electronic media such as web
sites or management information systems are subject to the terms and conditions
of this Schedule "G" (Communications Protocol).
G2.6 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 time to time.
G.2.7 Approval of Province. All communications must reference the Government of
Ontario and must be submitted a minimum of 15 days in advance and approved
by the Province prior to release.
Kincardine and Ontario OMCC Program TPA Page 52 of 67
G3.0 PROJECT COMMUNICATIONS
G3.1 General. All written communications concerning the Agreement and any Eligible
Project will be prepared in a manner that supports the communications objectives
and branding of each Party to the Agreement.
G3.2 Provincial Funding Statement. All public information material made by the
Recipient concerning the Agreement and any Eligible Projects will clearly indicate
that the Eligible Project is partially funded by the Government of Ontario.
G3.3 Project Promotion.
(a) The Recipient is responsible for the promotion and its activities and
objectives within their jurisdiction. The Recipient will provide for each
Eligible Project, as appropriate, project communications such as: a project
web site, print, audiovisual and other communications about the Eligible
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 calls for tender, construction, design, property, 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 any Eligible 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 Funding
provided in their own separate, and non-OMCC Program specific
communications. Each commits to acknowledging the other's involvement
in the OMCC Program.
(e) The Recipient will provide, whenever possible, professional quality audio-
visual material about each Eligible Project to the Province to support wider
communications about the provincial funding.
G4.0 COMMUNICATING WITH THE PUBLIC
G4.1 General.
(a) The Recipient will provide Notice to and consult with the Province, a
Kincardine and Ontario OMCC Program TPA Page 53 of 67
minimum of 15 days in advance, about all proposed news releases, new
media communications activities, or public announcements relating to any
Eligible 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.
(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) The Province will monitor the Recipient's performance with respect to the
communications provisions of the Agreement and order appropriate
remedies, as it sees fit, where deficiencies are found.
(d) In the event of an election call that affects a riding that a completed
Eligible 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, new media products, and web site
material to inform the public about the OMCC Program and any Eligible 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 will issue joint news releases at
relevant times in the life of each Eligible Project. In all such news releases, the
Recipient and the Province will receive equal prominence and all 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 at the
Kincardine and Ontario OMCC Program TPA Page 54 of 67
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 any Eligible 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 should be mutually agreed upon. The Province may recommend
special events and ceremonies be held where and when appropriate.
G4.6 Signage.
(a) Prior to initiating construction and after the signing of the Agreement, the
Recipient agrees to produce and erect temporary signage acknowledging
the Province's contribution to each Eligible Project. The signage will be at
least equivalent in size and prominence to the Recipient's and other
contributors' signage. The signage will remain in place until 90 days after
construction is completed.
(b) The Recipient will provide and install, upon completion of each Eligible
Project, where feasible, a plaque, permanent sign or other suitable
identifier bearing an appropriate inscription. The design, wording and
specifications of such permanent signs will respect the general provisions
of the Agreement for two years after the completion of the Eligible Project.
(c) Except for signage acknowledging any Eligible Project funding, traffic
control, safety devices, contractor signage, retail signage or normal
construction related signage, no additional signage will be erected at each
site by the Recipient.
G4.7 Communications Events. Subject to the terms of the Agreement, the Recipient
or the Province may, at its own costs and upon 90 days Notice to the other Party
prior to the event, carry out project-related communications events, including
educational and promotional signage.
G4.8 Joint Communications Events. If the Parties agree to carry out a joint
communications event, the costs of such event will be shared equally between
the Province and the Recipient.
G4.9 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.
Kincardine and Ontario OMCC Program TPA Page 55 of 67
SCHEDULE "H"
DISPOSAL OF AND REVENUES FROM ASSETS
H1.0 DEFINITION
H1.1 Definition. For the purposes of this Schedule "H" (Disposal of and Revenues from
Assets):
"Local Government" means a single-tier, lower-tier or upper-tier municipality
established by or under an Ontario provincial statute, and also includes a
municipal service corporation established by such a single-tier, lower-tier or
upper-tier municipality.
H2.0 DISPOSAL OF ASSETS
H2.1 Payment If Early Disposal. The Recipient undertakes to notify the Province in
writing, 180 days in advance, if at any time on or before December 30, 2031, the
Recipient proposes to sell, lease, encumber or use any Asset in a manner other
than described in the Agreement, or otherwise dispose of, directly or indirectly,
any Asset other than to the Province, a Local Government or a Crown agent of
the Province. Upon disposal of the Asset, the Recipient hereby undertakes to pay
an amount equal to the percentage of Funds received from the Province for the
Asset, forthwith on demand, as set out in the table below:
DISPOSAL PERIOD PERCENTAGE
OF FUNDS
(IN CURRENT DOLLARS)
On or before December 30, 2022 100%
After December 30, 2022 and on or 750/0
before December 30, 2025
After December 30, 2025 and on or 50%
before December 30, 2029
After December 30, 2029 and on or 25%
before December 30, 2031
After December 30, 2031 0%
Kincardine and Ontario OMCC Program TPA Page 56 of 67
SCHEDULE "I"
ABORIGINAL CONSULTATION PROTOCOL
11.0 DEFINITIONS
11.1 Definitions. For the purposes of this Schedule "I" (Aboriginal Consultation
Protocol):
"Aboriginal Consultation Plan" means the Aboriginal Consultation Plan
described in section 12.1 (Development of Plan).
"Aboriginal Consultation Record" means a document that records and
describes, as the Province may require, the consultation activities carried out
during the Project and the results of that consultation.
"Aboriginal Community" includes First Nation, Metis and Inuit communities or
peoples of Canada.
12.0 ABORIGINAL CONSULTATION PLAN
12.1 Development of Plan. The Province, based on the scope and nature of the
Project, may require the Recipient to, in consultation with the Province, develop
and comply with an Aboriginal consultation plan ("Aboriginal Consultation
Plan").
12.2 Procedural Aspects of Consultation. If consultation with Aboriginal
Communities is required, the Province may:
(a) delegate certain procedural aspects of the consultation to the Recipient;
and
(b) provide the Recipient with an initial list of the communities the Recipient
may consult.
12.3 Provision of Plan to Province. If, pursuant to section 12.1 (Development of
Plan), the Province provides Notice to the Recipient that an Aboriginal
Consultation Plan is required, the Recipient will, within the timelines provided in
the Notice, provide the Province with a copy of the Aboriginal Consultation Plan.
12.4 Changes to Plan. The Province, in the Province's sole discretion and from time
to time, may require the Recipient to make changes to the Aboriginal
Consultation Plan.
Kincardine and Ontario OMCC Program TPA Page 57 of 67
13.0 ABORIGINAL CONSULTATION RECORD
13.1 Requirements for Aboriginal Consultation Record. If consultation with
Aboriginal Communities is required, the Recipient will maintain an Aboriginal
Consultation Record and provide such record to the Province, and any update to
it, as part of its reporting to the Province pursuant to paragraph F1.1(d),
subsection F3.2 (Aboriginal Consultation Reporting) and paragraph F5.2(g).
14.0 RESPONSIBILITIES OF THE RECIPIENT
14.1 Notification to and Direction from the Province. The Recipient will
immediately notify the Province:
(a) of contact by any Aboriginal Communities regarding the Project; or
(b) if any Aboriginal archaeological resources are discovered in the course of
the Project,
and, in either case, the Province may direct the Recipient to take such actions as
the Province may require. The Recipient will comply with the Province's direction.
14.2 Direction from the Province and Contracts. The Recipient will provide in any
Contract and Partner Agreement for the Recipient's right and ability to respond to
direction from the Province as the Province may provide in accordance with
section 14.1 (Notification to and Direction from the Province).
Kincardine and Ontario OMCC Program TPA Page 58 of 67
SCHEDULE "J"
CERTIFICATES AND DECLARATIONS
J1.0 PROCEDURES
J1.1 Procedures. The Recipient agrees that this Schedule "J" (Certificates and
Declarations) will apply to the Projects.
J2.0 ANNUAL FUNDING CERTIFICATES
J2.1 Timing and Documents. The Recipient will submit Annual Funding Certificates
to the Province, in the form provided in Sub-schedule "J.1" (Ontario Municipal
Commuter Cycling (OMCC) Program Form of Annual Funding Certificate), signed
by the senior financial of the Recipient identified in Schedule "B" (Recipient
Information) and completed to the Province's satisfaction, attesting, amongst
other matters, that all Funds have been spent on Eligible Projects and Eligible
Costs.
J2.2 Timing of Annual Funding Certificate. The Recipient will submit an Annual
Funding Certificate to the Province, together with the Annual Financial Report, in
each Funding Year.
J3.0 ANNUAL ELIGIBLE PROJECTS DECLARATION
J3.1 Timing and Documents. The Recipient will submit an Annual Eligible Projects
Declaration to the Province, in the form provided in Sub-schedule "J.2" (Ontario
Municipal Commuter Cycling (OMCC) Program Form of Annual Eligible Projects
Declaration), signed by an approved Recipient representative and completed to
the satisfaction of the Province.
J3.2 Timing of Annual Eligible Projects Declaration. The Recipient will submit the
Annual Eligible Projects Declaration as a component of the Annual
Implementation Report to the Province.
J4.0 SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION
J4.1 Timing and Documents. The Recipient will submit to the Province, in the form
provided in Sub-schedule "J.3" (Ontario Municipal Commuter Cycling (OMCC)
Program Form of Solemn Declaration of Substantial Completion), a Solemn
Declaration of Substantial Completion for each Eligible Project. The Recipient will
include all of the documentation required in the Solemn Declaration of
Substantial Completion and fully complete and execute the declaration.
Kincardine and Ontario OMCC Program TPA Page 59 of 67
J4.2 Submission of Declarations of Substantial Completion. The Recipient will
submit the declaration(s) in each Funding Year as attachment(s) to the Annual
Implementation Reports.
J5.0 FINAL ADJUSTMENTS
J5.1 Final Adjustments. After the Recipient has submitted its Final Report and
before the Expiry Date, the Parties will jointly carry out a final reconciliation of all
Funds in respect of the Project and make any adjustments required in the
circumstances.
Kincardine and Ontario OMCC Program TPA Page 60 of 67
SUB-SCHEDULE "J.1"
ONTARIO MUNICIPAL COMMUTER CYCLING (OMCC) PROGRAM
FORM OF ANNUAL FUNDING CERTIFICATE
ANNUAL FUNDING CERTIFICATE
TO: Transportation Policy Branch
Ontario Ministry of Transportation
777 Bay Street, 30th Floor
Toronto, ON M7A 2J8
Telephone: 1-844-671-7438
Facsimile: (416) 585-7204
E-mail: cycling@ontario.ca
FROM: Name/Title: [Enter the name and title of the Senior Financial
Officer of the Recipient.]
Address: [Enter the address of the Senior Financial
Officer of the Recipient]
Telephone: [Enter the telephone number of the Senior
Financial Officer of the Recipient.]
Facsimile: [Enter the facsimile number of the Senior
Financial Officer of the Recipient]
Email: [Enter the email address of the Senior Financial
Officer of the Recipient]
ON BEHALF OF: [Enter the Recipient's name.]
RE: Ontario Municipal Commuter Cycling (OMCC) Program -
Annual Funding Certificate
In the matter of the Ontario Municipal Commuter Cycling (OMCC) Program Transfer
Payment Agreement entered into between Her Majesty the Queen in right of Ontario,
represented by the Minister of Transportation for the Province of Ontario, and the [Enter
the legal name of the municipality.] (the "Recipient"), on
(the "Agreement").
I, [Enter the name and title of the senior financial officer
of the Recipient listed in Schedule "B" (Recipient Information).], an authorized
representative of the Recipient, having made such inquiries as I have deemed
Kincardine and Ontario OMCC Program TPA Page 61 of 67
necessary for this certificate, hereby certify that to the best of my knowledge,
information and belief for Funding Year[Enter the Funding Year.]:
On and as of the date set out below:
1. Funds have only been expended on Eligible Projects listed on the Eligible Projects
List, as described in Sub-schedule "C.1" (Eligible Projects List) of the Agreement,
and the Eligible Projects funded this Funding Year are as listed in Appendix A
(Eligible Projects for Funding Year) to this certificate.
2. Funds were solely used towards the Eligible Costs of implementing the Eligible
Projects listed in Appendix A (Eligible Projects for Funding Year) to this certificate.
3. The Eligible Projects listed in Appendix A (Eligible Projects for Funding Year) to this
certificate will be completed by December 30, 2020.
4. The work undertaken for Eligible Projects conforms with the requirements set out in
paragraph A4.8(d) of Schedule "A" (General Terms and Conditions) of the
Agreement to comply with industry standards.
5. Any Funds the Recipient received before the Recipient's immediate need were place
in an interest bearing account in accordance with section A4.5 (Interest Bearing
Account) of the Agreement, and any interest earned on the Funds is noted in
Appendix A (Eligible Projects Funding Year) to this certificate and was used only as
noted in the appendix.
Declared at (city), in the Province of Ontario, this day of
, 20
(Signatures)
Name: Witness Name:
Title: Title:
Kincardine and Ontario OMCC Program TPA Page 62 of 67
APPENDIX A
ELIGIBLE PROJECTS FOR FUNDING YEAR [Note: Enter the Funding Year.]
FUNDING ELIGIBLE ELIGIBLE ELIGIBLE ELIGIBLE COSTS RECIPIENT FUNDING FROM TOTAL ELIGIBLE
YEAR PROJECT PROJECT PROJECT FUNDS OTHER SOURCES PROJECT
START END EXPENDED USED COSTS
DATE DATE
$ %of $ %of $ %of
Funds Total Total
Eligible Eligible
Project Project
Costs Costs
Total -
INTEREST ON FUNDS
(a) The interest earned on the Funds for the Funding Year to which this Annual Funding Certificate relates is [$x
dollars].
(b) The interest earned on the Funds since the Effective Date of the Agreement is [$x dollars].
(c) The interest used towards the Eligible Costs of Eligible Projects in the Funding Year to which this Annual Funding
Certificate relates is [$x dollars].
(d) The interest used for the Eligible Costs of Eligible Projects since the Effective Date of the Agreement is [$x
dollars].
Kincardine and Ontario OMCC Program TPA Page 63 of 67
SUB-SCHEDULE "J.2"
ONTARIO MUNICIPAL COMMUTER CYCLING (OMCC) PROGRAM
FORM OF ANNUAL ELIGIBLE PROJECTS DECLARATION
ANNUAL ELIGIBLE PROJECTS DECLARATION
TO: Transportation Policy Branch
Ontario Ministry of Transportation
777 Bay Street, 30th Floor
Toronto, ON M7A 2J8
Telephone: 1-844-671-7438
Facsimile: (416) 585-7204
E-mail: cycling@ontario.ca
FROM: Name/Title: [Enter the name and title of the authorized
representative of the Recipient.]
Address: [Enter the address of the authorized
representative of the Recipient]
Telephone: [Enter the telephone number of the authorized
representative of the Recipient.]
Facsimile: [Enter the facsimile number of the authorized
representative of the Recipient.]
Email: [Enter the email address of the authorized
representative of the Recipient.]
Email: [Enter the email address of the authorized
representative of the Recipient.]
RE: Ontario Municipal Commuter Cycling Program -Annual Eligible Projects
Declaration
In the matter of the Ontario Municipal Commuter Cycling (OMCC) Program Transfer
Payment Agreement entered into between Her Majesty the Queen in right of Ontario,
represented by the Minister of Transportation for the Province of Ontario, and the [Enter
the legal name of the municipality.] (the "Recipient"), on
(the "Agreement").
[Enter the name and title of the authorized
representative of the Recipient listed in Schedule "B" (Recipient Information).],
having made such inquiries as I have deemed necessary for this declaration, hereby
certify that to the best of my knowledge, information and belief:
Kincardine and Ontario OMCC Program TPA Page 64 of 67
1. On and as of the date set out below:
a. all representations and warranties contained in Article A2.0 (Representations,
Warranties, and Covenants) of Schedule "A" (General Terms and Conditions) to
the Agreement are true and correct;
b. the Recipient is in compliance with all the terms and conditions of the Agreement
and no event of default, as described in the Agreement, has occurred and is
continuing;
c. and prior to the Recipient having used any of the Funds for an Eligible Project,
the Recipient has complied with all of the requirements set out in paragraphs
A32.1(c)(i), (ii) and (iii).
d. the Recipient has attached a valid certificate of insurance for the current Funding
Year;
e. the Recipient has attached the municipal council approved enabling by-law for
the current Funding Year;
f. the Recipient has met the 20% funding requirements for each Eligible Project
implemented with Funds;
g. the Recipient has complied with all provisions of the Construction Lien Act
(Ontario) and is not aware of any claims for liens under that Act.
2. Funds were solely used towards the Eligible Costs of implementing the Eligible
Projects listed on the Eligible Projects List
Declared at (city), in the Province of Ontario, this day of
, 20
(Signatures)
Name: Witness Name:
Title: Title:
Kincardine and Ontario OMCC Program TPA Page 65 of 67
SUB-SCHEDULE "J.3"
ONTARIO MUNICIPAL COMMUTER CYCLING (OMCC) PROGRAM
FORM OF SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION
SOLEMN DECLARATION OF SUBSTANTIAL COMPLETION
TO: Transportation Policy Branch
Ontario Ministry of Transportation
777 Bay Street, 30th Floor
Toronto, ON M7A 2J8
Telephone: 1-844-671-7438
Facsimile: (416) 585-7204
E-mail: cycling@ontario.ca
FROM: Name/Title: [Enter the name and title of the professional
engineer.]
Address: [Enter the address of the professional engineer.]
Accreditation: [Enter the accreditation number of the
professional engineer.]
Telephone: [Enter the telephone number of the professional
engineer.]
Facsimile: [Enter the facsimile number of the professional
engineer.]
Email: [Enter the email address of the professional
engineer.]
RE: Ontario Municipal Commuter Cycling Program - Solemn Declaration of
Substantial Completion
In the matter of the Ontario Municipal Commuter Cycling (OMCC) Program Transfer
Payment Agreement entered into between Her Majesty the Queen in right of Ontario,
represented by the Minister of Transportation for the Province of Ontario, and the [Enter
the legal name of the municipality.] (the "Recipient"), on
(the "Agreement").
[Enter the name and title of the professional engineer.],
a professional engineer duly licensed in the Province of Ontario, having made such
inquiries as I have deemed necessary for this certificate, hereby certify that to the best
of my knowledge, information and belief:
On and as of the date set out below:
1. I am the [Enter the title, department, or
Kincardine and Ontario OMCC Program TPA Page 66 of 67
organization.], and as such have knowledge of the matters set forth in this
declaration.
2. The projects listed below in this declaration are listed in Sub-schedule "C.1"
(Eligible Projects List) to the Agreement as Eligible Projects. These Eligible
Projects have reached Substantial Completion, as defined in the Agreement, as
follows:
ELIGIBLE ELIGIBLE PROJECT ELIGIBLE SUBSTANTIAL
PROJECT NAME DESCRIPTION PROJECT COMPLETION DATE
LOCATION FOR THE ELIGIBLE
PROJECT
3. The value of the Eligible Costs for substantially completed work on each Eligible
Project listed in section 2 above is as noted below:
ELIGIBLE ELIGIBLE COSTS FOR THE RECIPIENT'S CONTRIBUTION
PROJECT NAME ELIGIBLE PROJECT TOWARDS THE ELIGIBLE COSTS
OF THE ELIGIBLE PROJECT
4. The work for all Eligible Projects described in this declaration:
a. was supervised and inspected by qualified staff;
b. conforms with the plans, specifications and other documentation for the work;
c. conforms with the Environmental Laws (as defined in the Agreement), and
appropriate mitigation measures have been implemented; and
d. conforms with the requirements set out in paragraph A4.8(d) of Schedule "A"
(General Terms and Conditions) of the Agreement to comply with industry
standards.
Declared at (city), in the Province of Ontario, this day of
, 20
(Signatures)
Name: Witness Name:
Title: Title:
Kincardine and Ontario OMCC Program TPA Page 67 of 67
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EFT Authorization Form
Company Name: Municipality of Kincardine
Address: 1475 Concession 5 RR#5
Kincardine, ON N2Z 2X6
Name of Financial Institution: CIBC
Address: 822 Queen St
Kincardine, ON N2Z 2Y6
Transit Number: 05252
Institution Number: 0001
Account Number: 8099812
Authorized Signature: Print Name/Title:
Roxana Baumann, Treasurer/Director of
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