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08 09 2017 Council Agenda The Township of Oro-Medonte Council Meeting Agenda Council Chambers Wednesday, August 9, 2017 8:30 a.m. - Closed Session 10:00 a.m. - Flag Raising, National Peacekeepers Day Open Session - Immediately Following Flag Raising Page 1. Call to Order - Moment of Reflection: 2. Adoption of Agenda: 7 - 10a) Motion to Adopt the Agenda. \[Addenda\] 3. Disclosure of Pecuniary Interest: 4. Closed Session Items: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Robin Dunn, CAO and Mark DesLauriers, Chief Financial Officer/Treasurer re: Personal matters about an identifiable individual; Labour relations/employee negotiations (Staffing). d) Shawn Binns, Director, Operations & Community Services re: Litigation affecting the municipality (Oro-Medonte Community Centre). e) Robin Dunn, CAO re: Litigation affecting the municipality (Burl's Creek). f) Robin Dunn, CAO re: Security of municipal property (Community Halls). g) Robin Dunn, CAO re: Security of municipal property (Environmental Servicing). 5. Minutes of Council and Committees: 11 - 23 a) Minutes of Council meeting held on Wednesday, July 12, 2017. 24 - 30 b) Minutes of Special Council meeting held on Friday, July 21, 2017. 6. Recognition of Achievements: None. Page 1 of 352 Council Meeting Agenda -August 09, 2017 7. Public Meetings: None. 8. Deputations: None. 9. Presentations: None. 10. Identification From the Public of an Agenda Item of Interest: Provides an opportunity for members of the public to identify an agenda item which the public member may request be brought forward and considered earlier in the meeting. 11. Open Forum: The Open Forum provides an opportunity for the public to provide verbal comments to Council, in Open Session, on matters scheduled on the current agenda, and shall be conducted as follows: Open Forum shall last no longer than 20 minutes; Each speaker shall be required to identify the agenda item they are speaking to and provide their name and address, which may become part of the public record; A speaker shall be limited to 2 minutes per agenda item; No response shall be provided to any question posed during Open Forum; No discussion, debate or decisions will occur during Open Forum; Each speaker is permitted to speak only once per agenda item; A speaker may provide comment on one agenda item and then shall step aside to enable another to provide comment on an agenda item; No speaker shall speak to a second agenda item until other individuals have had an opportunity to speak once; Speakers providing comment on the same agenda item, shall be requested to limit their comments so as to provide additional information and not repeat the same information provided by a previous speaker; Comments made during Open Forum will not form part of the minutes of the meeting; The following matters will not be permitted during Open Forum: o Comments/complaints against Members of Council or Township staff; o Matters beyond the jurisdiction of Council or the Township; o Closed Session agenda items, including current or pending litigation, or Insurance claims and/or pending claims by or against the Township; Page 2 of 352 Council Meeting Agenda -August 09, 2017 o Comments with respect to Minutes of Council and Committees; o Comments that are contrary to the Municipal Freedom of Information and Protection of Privacy Act; o Comments with respect to any applications which have proceeded through a Public Meeting in accordance with the Planning Act, with the exception of comment related to a recommendation contained within the Staff Report. The Chair may conclude Open Forum prior to the 20 minute maximum time limit, for non-compliance with the Open Forum parameters, Conduct of Members of the Public, or any other reason. 12. Reports of Municipal Officers: 31 - 34 a) Report No. DS2017-97, Andria Leigh, Director, Development Services re: Sound Monitoring Program 2017 Wayhome Statistics. 35 - 51 b) Report No. OCS2017-26, Shawn Binns, Director, Operations & Community Services re: The Big Feastival Canada -Special Event Permit Application. 52 - 85 c) Robin Dunn, CAO and Senior Management Team re: Mid-Year Corporate Update. 86 - 138 d) Report No. CS2017-13, Donna Hewitt, Director, Corporate Services re: Corporate Projects Status Update July 2017. 139 - 144 e) Report No. DS2017-95, Andria Leigh, Director, Development Services re: Building Division Activity Stats (Jan-July 2017 Summary). 145 - 152 f) Report No. DS2017-96, Andria Leigh, Director, Development Services re: Development Engineering Status Report Jan-July 2017. 153 - 155 g) Report No. FI2017-14, Mark DesLauriers, Chief Financial Officer/Treasurer re: Statement of Accounts - June 30, 2017. 156 - 158 h) Report No. FI2017-15, Mark DesLauriers, Chief Financial Officer/Treasurer re: Statement of Accounts - July 31, 2017. 159 - 164 i) Report No. FI2017-16, Mark DesLauriers, Chief Financial Officer/Treasurer re: Mid-Year Financial Variance Update \[to be distributed at meeting\]. 165 - 169 j) Report No. FI2017-17, Mark DesLauriers, Chief Financial Officer/Treasurer re: 2018 Budget - Schedule & Guidance \[to be distributed at meeting\]. 170 - 190 k) Shawn Binns, Director, Operations & Community Services and David Wood, General Manager & Senior Landscape Architect, Envision Tatham re: Bayview Memorial Park Development \[Refer to Item 15e)\]. 191 - 199 l) Report No. OCS2017-24, Shawn Binns, Director, Operations & Community Services re: Pavement Management Program - Update. 200 - 204 m) Report No. OCS2017-25, Shawn Binns, Director, Operations & Community Services re: Warminster Parkland Development - Update. 205 - 207 n) Report No. ES2017-9, Robin Dunn, CAO re: Streetlight Installation, Highway Page 3 of 352 Council Meeting Agenda -August 09, 2017 93 & Bidwell Road. 208 - 214 o) Report No. CS2017-12, Donna Hewitt, Director, Corporate Services re: Request to Lift 0.3m Reserve for Block 'H', Plan M-118. 215 - 278 p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (Ontario) (CWWF) Transfer Payment Agreement. 279 q) Robin Dunn, CAO re: Request to Change September 27, 2017 Council meeting Commencement Time. 13. Reports of Members of Council: a) Updates from Council Representatives County of Simcoe and Township Partners and Agencies. representatives at the Tow Agencies. 280 b) Mayor H.S. Hughes, correspondence dated July 14, 2017 from Linda Speirs re: Site Sewage System Maintenance Program. 281 - 284 c) Mayor H.S. Hughes, correspondence dated June 22, 2017 from Claire Malcolmson, Environmental Consultant, Cornerstone Standards Council re: Time to Rock with Cornerstone Standards Council and Environmental Defence. 285 d) Councillor Jermey, correspondence dated July 19, 2017 from City of Owen Sound re: Support Resolution - Request for Economic Impact Analysis. 286- 289 e) Councillor Jermey, re: Ontario Ministry of Agriculture, Food and Rural Affairs, Ontario's Wildlife Damage Compensation Program. 290 f) Councillor Hall re: Airbnb's. 14. Consent Agenda: 291 - 293 a) Announcements of Interest to the Public: 1. Ride on at Ramara (ROAR), A Community Cycling Event, Saturday, August 26, 2017, 9:30a.m., Atherley Trail Head (across from Tim Horton's). 2. Township of Oro-Medonte, Administration Centre Closure Notice, Monday, September 4, 2017, Labour Day. 3. Notice of a Second Public Meeting and Notice of Draft Renewable Energy Approval (REA) Documents Release by Lake Simcoe Regional Airport Solar (LSRA) Energy Partnership to Engage in a Renewable Energy Project, September 21, 2017, 6:00p.m.-8:00p.m. Oro-Medonte Community Banquet Hall, 71 Line 4 North (@ Highway 11 South), Oro-Medonte (upstairs). Page 4 of 352 Council Meeting Agenda -August 09, 2017 294 - 307 b) Severn Sound Environmental Association re: April 13, 2017 minutes; Second Quarter (April 1-June 30) Report/Update; July 13, 2017 List of Motions. Staff Recommendation: Receive for Information Only. 308 - 314 c) Minutes of Sustainable Severn Sound, Sustainability Committee meeting held on Thursday, June 8, 2017; Memorandum dated July 6, 2017 re: New FCM Funding, Municipalities for Climate Innovation Program (MCIP). Staff Recommendation: Receive for Information Only. 315 - 320 d) Minutes of Lake Simcoe Region Conservation Authority meeting held on Friday, June 23, 2017. Staff Recommendation: Receive for Information Only. 321 e) Correspondence dated July 11, 2017 from Steve Clarke, Mayor, City of Orillia re: Canadian Index of Well Being. Staff Recommendation: Receive for Information Only. 322 - 325 f) Correspondence dated July 17, 2017 from Richard Maksymetz, Chief of Staff to The Honourable Bill Morneau - Minister of Finance re: Cheryl Gallant, MP, Renfrew-Nipissing-Pembroke Support of Resolution, Removal of tax exempt portion of remuneration for Council. Staff Recommendation: Receive for Information Only. 326 - 334 g) Correspondence dated July 24, 2017 from Dr. Matt Miller, Chair, Orillia & Area Physician Recruitment & Retention re: (1) Mid-Year Activity and Financial Performance Report; (2) Funding Support Request. Staff Recommendation: (1) Receive for Information Only; (2) Receive and Refer to 2018 Budget Deliberations. 15. Communications/Petitions: 335 - 336 a) Correspondence dated June 29, 2017 from Michael Walters, CAO, Lake Simcoe Region Conservation Authority (LSRCA) re: The Township of Ramara. 337 b) Petition correspondence dated July 5, 2017 from Richelieu Road Residents re: Restoration of Ditches in Warminster. 338 - 340 c) Correspondence dated July 13, 2017 from Guenther Wellnhofer re: Consent Application 2017-B-19 (Storey), 2191 Line 2 North Con. 3, North Part Lot 7. 341 - 344 d) Correspondence received July 10, 2017 from Linda Kinsey re: Maintenance and Condition of Barrilla Park. 345 e) Correspondence dated August 2, 2017 from Lion Bob Murray, President, Oro District Lions Club re: Request to Name Bayview Memorial Park Pavilion as the "Lions Pavilion". 346 - 351 f) Correspondence dated August 2, 2017 from Jan Novak, Chair, Images Studio Tour re: Request for Exemption to Township of Oro-Medonte Sign By- Law No. 2010-075, as amended. Page 5 of 352 Council Meeting Agenda -August 09, 2017 16. Notice of Motions: None. 17. By-Laws: None. 18. Closed Session Items (Unfinished Items): 19. Confirmation By-Law: 352 a) By-Law No. 2017-111: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, August 9, 2017. 20. Questions from the Public Clarifying an Agenda Item: Questions from the Public Clarifying an Agenda Item provides an opportunity for the members of the public to seek clarification with respect to the decision which was made on an agenda item, the meaning of the decision and the next steps as a result of the decision. Questions from the Public Clarifying an Agenda Item shall last no longer than 10 minutes; Responses provided to questions posed during Questions from the Public Clarifying an Agenda Item shall be included within the 10 minute maximum time limit; Each speaker shall be required to identify the agenda item they are seeking clarification on and provide their name and address, which may become part of the public record; A speaker shall be limited to 1 minute per question; A speaker may pose a question and then shall step aside to enable another to pose a question; The Chair may conclude Questions from the Public Clarifying an Agenda Item prior to the 10 minute maximum time limit, for non- compliance with the above parameters, Conduct of Members of the Public, or any other reason. 21. Adjournment: a) Motion to Adjourn. Page 6 of 352 2.a) Motion to Adopt the Agenda. Page 7 of 352 2.a) Motion to Adopt the Agenda. Page 8 of 352 2.a) Motion to Adopt the Agenda. Page 9 of 352 2.a) Motion to Adopt the Agenda. Page 10 of 352 5.a) Minutes of Council meeting held on Wednesday, July 12, ... Page 11 of 352 5.a) Minutes of Council meeting held on Wednesday, July 12, ... Page 12 of 352 5.a) Minutes of Council meeting held on Wednesday, July 12, ... Page 13 of 352 5.a) Minutes of Council meeting held on Wednesday, July 12, ... Page 14 of 352 5.a) Minutes of Council meeting held on Wednesday, July 12, ... Page 15 of 352 5.a) Minutes of Council meeting held on Wednesday, July 12, ... Page 16 of 352 5.a) Minutes of Council meeting held on Wednesday, July 12, ... Page 17 of 352 5.a) Minutes of Council meeting held on Wednesday, July 12, ... Page 18 of 352 5.a) Minutes of Council meeting held on Wednesday, July 12, ... Page 19 of 352 5.a) Minutes of Council meeting held on Wednesday, July 12, ... Page 20 of 352 5.a) Minutes of Council meeting held on Wednesday, July 12, ... Page 21 of 352 5.a) Minutes of Council meeting held on Wednesday, July 12, ... Page 22 of 352 5.a) Minutes of Council meeting held on Wednesday, July 12, ... Page 23 of 352 5.b) Minutes of Special Council meeting held on Friday, July... Page 24 of 352 5.b) Minutes of Special Council meeting held on Friday, July... Page 25 of 352 5.b) Minutes of Special Council meeting held on Friday, July... Page 26 of 352 5.b) Minutes of Special Council meeting held on Friday, July... Page 27 of 352 5.b) Minutes of Special Council meeting held on Friday, July... Page 28 of 352 5.b) Minutes of Special Council meeting held on Friday, July... Page 29 of 352 5.b) Minutes of Special Council meeting held on Friday, July... Page 30 of 352 12.a) Report No. DS2017-97, Andria Leigh, Director, Developm... Page 31 of 352 12.a) Report No. DS2017-97, Andria Leigh, Director, Developm... Page 32 of 352 12.a) Report No. DS2017-97, Andria Leigh, Director, Developm... Page 33 of 352 12.a) Report No. DS2017-97, Andria Leigh, Director, Developm... Page 34 of 352 12.b) Report No. OCS2017-26, Shawn Binns, Director, Operatio... Page 35 of 352 12.b) Report No. OCS2017-26, Shawn Binns, Director, Operatio... Page 36 of 352 12.b) Report No. OCS2017-26, Shawn Binns, Director, Operatio... Page 37 of 352 12.b) Report No. OCS2017-26, Shawn Binns, Director, Operatio... Page 38 of 352 12.b) Report No. OCS2017-26, Shawn Binns, Director, Operatio... Page 39 of 352 12.b) Report No. OCS2017-26, Shawn Binns, Director, Operatio... food incredible is coming to music, best feel good festival . The Big Feastival its unique blend of live fun festival - annual attendees + 0,000 will be bringing 5 entertainment across the pond, giving Canadians a chance to join in Feastival food, music and family Canada! Originally created by celebrity chef Jamie Oliver in 2011, The Big Feastival has entertained those of all ages, firmly for the entire family, with In 2017, The Big and all around family on the fun. The Big Feastival Canada will become an annual summer tradition, offering Canadians an amazing alternative to standard family weekend activities, by combining aspects of music, culture and cuisine, all in one spectacular outdoor camping location. Page 40 of 352 12.b) Report No. OCS2017-26, Shawn Binns, Director, Operatio... Canada will and Ben Harper & Feastival Weezer favourite will welcome music headliners Canada released the Official 2017 Event Lineup on March 1, 2017, Feastival Feastival The Big event, The Big The Innocent Criminals, accompanied by top chef Chuck Hughes and friends, as well delicious culinary offerings that encourages family fun, The Big be a feel good festival of food and music for all ages. Page 41 of 352 12.b) Report No. OCS2017-26, Shawn Binns, Director, Operatio... Page 42 of 352 12.b) Report No. OCS2017-26, Shawn Binns, Director, Operatio... Page 43 of 352 12.b) Report No. OCS2017-26, Shawn Binns, Director, Operatio... - friendly entertainment, designed to - is unlike any other music and food festival in Ontario, Feastival all vision. - The Big with a distinct focus on familycreate a good time for both kids and parents of all ages. All event features and programs are designed with families in mind, and a funfor Page 44 of 352 12.b) Report No. OCS2017-26, Shawn Binns, Director, Operatio... Canada Feastival include a tasty lineup of top Canadian will Food and drink are an important part of The Big event mix. The festival chefs, food trucks and boutique exhibitors featured throughout the site, showcasing the best produce available from the local area and beyond. There will be plenty of choice available to fulfill a variety of tastes and preferences. Page 45 of 352 12.b) Report No. OCS2017-26, Shawn Binns, Director, Operatio... feature a serious will day Each delivering and . get them moving their feet, , times The Big Feastival Canada will have one main music stage featuring over 20 musical acts throughout the weekend. a unique line up of musical entertainment, designed to delight audience earsdose of good Page 46 of 352 12.b) Report No. OCS2017-26, Shawn Binns, Director, Operatio... . in Feastival of guests site for the duration of - . All campsites will be hour facilities, vendors and - Canada anticipates that over 35% Feastival The camping experience is integral to the spirit of The Big Families will have the opportunity to camp onthe festival from Friday evening until Monday morning. With acres of open flatland, rolling fields, beautiful trails and luscious Families will be able to choose from a range of camping options in multiple zones, including equipped with their own 24concessionaires.The Big attendance will camp for duration of the weekend. Page 47 of 352 12.b) Report No. OCS2017-26, Shawn Binns, Director, Operatio... friendly - on workshops and masterclasses, Q&As, book - back culinary features designed for kids and - exploration and tastiness! The chefs will participate in collaborative, laidadults of all ages including demonstrations, handssignings and more. Chefs will also be encouraged to play a holistic role in the event, introducing music talent, exploring the event grounds, and bringing their own families to enjoy the weekend together.The Big Feastival Canada is excited to be teaming up with Chuck Hughes to bring together vibe to life. Page 48 of 352 12.b) Report No. OCS2017-26, Shawn Binns, Director, Operatio... Page 49 of 352 12.b) Report No. OCS2017-26, Shawn Binns, Director, Operatio... Page 50 of 352 12.b) Report No. OCS2017-26, Shawn Binns, Director, Operatio... Page 51 of 352 12.c) Robin Dunn, CAO and Senior Management Team re: Mid-Yea... Page 52 of 352 12.c) Robin Dunn, CAO and Senior Management Team re: Mid-Yea... Page 53 of 352 12.c) Robin Dunn, CAO and Senior Management Team re: Mid-Yea... Page 54 of 352 12.c) Robin Dunn, CAO and Senior Management Team re: Mid-Yea... Page 55 of 352 12.c) Robin Dunn, CAO and Senior Management Team re: Mid-Yea... Page 56 of 352 12.c) Robin Dunn, CAO and Senior Management Team re: Mid-Yea... Page 57 of 352 12.c) Robin Dunn, CAO and Senior Management Team re: Mid-Yea... Page 58 of 352 12.c) Robin Dunn, CAO and Senior Management Team re: Mid-Yea... Page 59 of 352 12.c) Robin Dunn, CAO and Senior Management Team re: Mid-Yea... Page 60 of 352 12.c) Robin Dunn, CAO and Senior Management Team re: Mid-Yea... 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Page 157 of 352 12.h) Report No. FI2017-15, Mark DesLauriers, Chief Financia... Page 158 of 352 12.i) Report No. FI2017-16, Mark DesLauriers, Chief Financia... Page 159 of 352 12.i) Report No. FI2017-16, Mark DesLauriers, Chief Financia... Page 160 of 352 12.i) Report No. FI2017-16, Mark DesLauriers, Chief Financia... Page 161 of 352 12.i) Report No. FI2017-16, Mark DesLauriers, Chief Financia... Page 162 of 352 12.i) Report No. FI2017-16, Mark DesLauriers, Chief Financia... Page 1 of 2 Explanation of 6 Month YTD Variance Tax Revenues -timing onlyTiming of entry. Will be offset in JulyUnder budget on IT Consulting for ERP replacement - project delayedOverlap of Treasurer role not budgetedTiming of processing of expenses. Will be booked in Q3Legal costs over budget. Main drivers are Burl's Creek and Master Servicing. Will be over budget here for 2017Delay in hiring Assistant Deputy Fire Chief & Admin costs under budget across a broad rangeProvincial POA Revenues came in lower than anticipated.Additional 2016 ML POA revenues received in 2017 not planned and delayed hiring of Full Time officer.Planning revenues up with higher building permit activity, but offset by costs of transitioning to new engineering partner and OMB legal costsPlus / minus in a number of operation areas, significant favorable variance in the Pavement Management Program. See Report OCS2017-24 5,980.00 18,909.0021,432.00 (15,042.00) 983,943.00510,052.00363,629.00347,008.00256,394.00272,950.00656,843.00141,093.00381,124.00 1,789,300.001,663,407.001,136,090.001,608,519.002,491,629.005,276,764.00 (19,209,042.00) Annual Budget 0.05 754.21501.37 (772.25)(960.66) (1,159.80)(2,696.20) 17,472.7720,698.4312,184.4768,815.7669,282.4210,606.7710,830.69 (54,883.26)(27,989.24)(90,728.09)(53,704.37)(20,021.75) 175,592.17 Variance Fav. (Unfav.) 4,980.502,671.60 12,829.1470,546.50 (17,712.41) 522,842.00829,606.96269,006.73209,285.83178,777.28415,370.36586,504.29106,373.37197,692.00362,228.70270,412.47 Budget 1,644,533.002,633,439.833,207,365.05 Year to Date (17,817,026.19) 5,941.162,170.23 12,074.9337,090.9570,546.45 (28,319.18) 577,725.26808,908.53296,995.97210,445.63166,592.81506,098.45517,688.53200,388.20382,250.45259,581.78 Actual 1,645,305.252,687,144.203,031,772.88 Year to Date (17,834,498.96) Page 163 of 352 Township Of Oro-MedonteFinancial Statement Variances - 6 months YTDJune 30, 2017 Financed from tax levy:Non - DepartmentalReserve transfers - asset renewalDebt paymentsCAO's OfficeFinance Corporate Services/ClerkCouncilShared costsHeritageEmergency ServicesPoliceCrossing GuardsMunicipal Law EnforcementEnvironmental InitiativesPlanningHealth servicesRoadwaysStreetlightingAirportOperations Admin 12.i) Report No. FI2017-16, Mark DesLauriers, Chief Financia... Page 2 of 2 Explanation of 6 Month YTD Variance Manager, Development Engineering not allocated as per 2017 Budget timing. Allocation to be done in 2nd halfTiming of activities, plus favorable variance in distributed wagesNegative variance in distributed wages (offsets fav. Variance in Parks)Timing only. Invoice posted in July 2017Building permits at record levels, but anticipated to level out in Q3/Q4. Plus savings from Vacancy in full time CBO2016 LED project completed in 2017 but not budgeted, offset by utility savings from LED lamps. To be recovered through future cost savings and user fees collected.Revenues down due to wet summer, low consumption, using 2016 rates until July 1 (100% consumption base). Favourable variance created due to timing of larger maintenance projects which will be completed in Q3/Q4Storm water management program behind schedule and will not likely be realized in 2017. Start up costs to be reviewed at year end for proper disposition. ------- 0.00 14,098.0050,841.0041,143.0076,676.00 282,623.00412,983.00191,209.00229,445.00 Annual Budget 991.52 2,919.874,095.629,411.053,662.38 (1,840.59)(6,471.31) 66,590.2317,960.0053,953.79 511,944.58 (14,328.10)(52,381.62)(61,958.19) 212,160.26355,516.44 Variance Fav. (Unfav.) 1,996.95 (1,703.50) 92,415.3122,227.4537,117.7851,366.20 (18,010.06)(78,688.00)(52,912.00) 217,584.30128,328.59195,611.04167,360.25179,767.96 Budget (5,506,459.61)(5,367,810.72) Year to Date 137.09 9,046.19 (1,665.43) 98,886.6212,816.4050,374.68 (22,105.68)(26,306.38) 231,912.40125,408.72129,020.81149,400.25125,814.17 Actual (318,398.66) (5,718,619.87) (5,879,755.30) Year to Date Page 164 of 352 Township Of Oro-MedonteFinancial Statement Variances - 6 months YTDJune 30, 2017 Waste Water TreatmentEnv. Services - AdminParks & Recreation - Admin.Parks & Sports fieldsRecreation facilitiesProgramsLibrariesHalls - Twp BorneTOTAL Tax levy borneBuildingSeptic inspection programStreetlightingWater systemsCommunal Tile BedsStorm Water ManagementTOTAL including User Pay 12.j) Report No. FI2017-17, Mark DesLauriers, Chief Financia... Page 165 of 352 12.j) Report No. FI2017-17, Mark DesLauriers, Chief Financia... Page 166 of 352 12.j) Report No. FI2017-17, Mark DesLauriers, Chief Financia... Page 167 of 352 12.j) Report No. FI2017-17, Mark DesLauriers, Chief Financia... Page 168 of 352 12.j) Report No. FI2017-17, Mark DesLauriers, Chief Financia... Page 169 of 352 12.k) Shawn Binns, Director, Operations & Community Services... Page 170 of 352 12.k) Shawn Binns, Director, Operations & Community Services... Page 171 of 352 12.k) Shawn Binns, Director, Operations & Community Services... Canada 150 County of Simcoe Trails Connecting Enabling Accessibility Fund)Communities Program Page 172 of 352 12.k) Shawn Binns, Director, Operations & Community Services... Page 173 of 352 12.k) Shawn Binns, Director, Operations & Community Services... Page 174 of 352 12.k) Shawn Binns, Director, Operations & Community Services... Page 175 of 352 12.k) Shawn Binns, Director, Operations & Community Services... Page 176 of 352 12.k) Shawn Binns, Director, Operations & Community Services... Page 177 of 352 12.k) Shawn Binns, Director, Operations & Community Services... Page 178 of 352 12.k) Shawn Binns, Director, Operations & Community Services... Page 179 of 352 12.k) Shawn Binns, Director, Operations & Community Services... Page 180 of 352 12.k) Shawn Binns, Director, Operations & Community Services... Page 181 of 352 12.k) Shawn Binns, Director, Operations & Community Services... Page 182 of 352 12.k) Shawn Binns, Director, Operations & Community Services... Page 183 of 352 12.k) Shawn Binns, Director, Operations & Community Services... Page 184 of 352 12.k) Shawn Binns, Director, Operations & Community Services... Page 185 of 352 12.k) Shawn Binns, Director, Operations & Community Services... Page 186 of 352 12.k) Shawn Binns, Director, Operations & Community Services... Page 187 of 352 12.k) Shawn Binns, Director, Operations & Community Services... Page 188 of 352 12.k) Shawn Binns, Director, Operations & Community Services... FinancialEnvironmentalArchaeological Page 189 of 352 12.k) Shawn Binns, Director, Operations & Community Services... Page 190 of 352 12.l) Report No. OCS2017-24, Shawn Binns, Director, Operatio... Page 191 of 352 12.l) Report No. OCS2017-24, Shawn Binns, Director, Operatio... Page 192 of 352 12.l) Report No. OCS2017-24, Shawn Binns, Director, Operatio... Page 193 of 352 12.l) Report No. OCS2017-24, Shawn Binns, Director, Operatio... Page 194 of 352 12.l) Report No. OCS2017-24, Shawn Binns, Director, Operatio... Page 195 of 352 12.l) Report No. OCS2017-24, Shawn Binns, Director, Operatio... Page 196 of 352 12.l) Report No. OCS2017-24, Shawn Binns, Director, Operatio... Page 197 of 352 12.l) Report No. OCS2017-24, Shawn Binns, Director, Operatio... Page 198 of 352 12.l) Report No. OCS2017-24, Shawn Binns, Director, Operatio... Page 199 of 352 12.m) Report No. OCS2017-25, Shawn Binns, Director, Operatio... Page 200 of 352 12.m) Report No. OCS2017-25, Shawn Binns, Director, Operatio... Page 201 of 352 12.m) Report No. OCS2017-25, Shawn Binns, Director, Operatio... Page 202 of 352 12.m) Report No. OCS2017-25, Shawn Binns, Director, Operatio... Page 203 of 352 12.m) Report No. OCS2017-25, Shawn Binns, Director, Operatio... Page 204 of 352 12.n) Report No. ES2017-9, Robin Dunn, CAO re: Streetlight I... Page 205 of 352 12.n) Report No. ES2017-9, Robin Dunn, CAO re: Streetlight I... Page 206 of 352 12.n) Report No. ES2017-9, Robin Dunn, CAO re: Streetlight I... Page 207 of 352 12.o) Report No. CS2017-12, Donna Hewitt, Director, Corporat... Page 208 of 352 12.o) Report No. CS2017-12, Donna Hewitt, Director, Corporat... Page 209 of 352 12.o) Report No. CS2017-12, Donna Hewitt, Director, Corporat... Page 210 of 352 12.o) Report No. CS2017-12, Donna Hewitt, Director, Corporat... Page 211 of 352 12.o) Report No. CS2017-12, Donna Hewitt, Director, Corporat... Page 212 of 352 12.o) Report No. CS2017-12, Donna Hewitt, Director, Corporat... Page 213 of 352 12.o) Report No. CS2017-12, Donna Hewitt, Director, Corporat... Page 214 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final CLEAN WATER AND WASTEWATER FUND (ONTARIO) TRANSFER PAYMENT AGREEMENT THIS TRANSFER PAYMENT AGREEMENT for the Clean Water and Wastewater Fund (CWWF) (Ontario) (the ), made in duplicate, is effective as of the Effective Date (both Date as defined in section A.1.2 (Definitions)). B E T W E E N : Her Majesty the Queen in right of Ontario as represented by the Minister of Infrastructure (the - and - The Corporation of the Township of Oro-Medonte (the ) BACKGROUND The Government of Canada its 2016 Budget. The Government of Canada has committed two billion dollars ($2,000,000,000) towards the CWWF for projects to improve water, wastewater, and storm water systems across Canada. Under the Bilateral Agreement, the Province has agreed to identify projects, and be responsible for the transfer of CWWF funds to eligible Recipients pursuant to transfer payment agreements. The Recipient has been allocated Maximum Funds (as defined in section A.1.2 (Definitions)). The Recipient has applied to the Province for CWWF funds to assist the Recipient in carrying out the Project (as defined in section A.1.2 (Definitions)) and (Program Funding Request), a clean water and wastewater infrastructure project. Canada has approved the Project and Canada and the Province have agreed to provide CWWF funds for the Project. The Agreement sets out the terms and conditions upon which CWWF funds, up to the Maximum Funds, will be provided to the Recipient for the purpose of carrying out the Project and the Recipient has agreed to carry out the Project. Page 1 of 64 The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 215 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final Ontario Infrastructure and Lands Corporation, an agent of Her Majesty the Queen in right of Ontario, will be administering the Program on behalf of the Province. 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 is expressly acknowledged, the Parties (as defined in section A.1.2 (Definitions)) agree as follows: 1.0 ENTIRE AGREEMENT 1.1 The Agreement, comprising of: - General Terms and Conditions - Project Specific Information - Program Funding Request Sub-schedule - Project Description, Budget and Timelines Sub- - Sub-project Cost Breakdown - Reporting Schedule - Eligible Expenditures and Ineligible Expenditures - Evaluation - Communications Protocol - Disposal of and Revenues from Assets I - Aboriginal Consultation Protocol J - Requests for Payment and Payment Procedures Sub-schedule J.1 - Form of Request for Payment Form Sub-schedule J.2 - Form of Certificate from Recipient Sub-3- Form of Declaration of Sub-project Completion Sub-J.4- Form of Certificate from Professional Engineer K - Form of Clean Water and Wastewater Fund (CWWF) Attestation Form, and any amending agreement entered into in Article 3.0 (Amending the Agreement), 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 COUNTERPARTS 2.1 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. 3.0 AMENDING THE AGREEMENT The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 2 of 64 Page 216 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final 3.1 Subject to sections C.2.2 (Amending Agreement for Minor Changes to the Project Description, Budget and Timelines) and D.6.2 (Amending Agreement for Minor Changes to the Reporting), the Agreement may only be amended by a written agreement duly executed by the representatives of the Parties listed below. 4.0 ACKNOWLEDGEMENT 4.1 The Recipient acknowledges that: (a) by receiving Funds (as defined in section A.1.2 (Definitions)) it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor General Act (Ontario); (b) the Funds are: (i) to assist the Recipient to carry out the Project and not to provide goods or services to the Province or Canada; and (ii) funding for the purposes of the Public Sector Salary Disclosure Act, 1996 (Ontario); and (c) although the Agreement is between the Province and the Recipient, Canada is, in respect of the rights, covenants, remedies, obligations, indemnities and benefits in the Agreement, a third-party beneficiary under the Agreement and is entitled to rely upon and directly enforce those Rights as if Canada were a party to the Agreement; and (d) the Province and Canada, respectively, are not responsible for carrying out the Project. The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 3 of 64 Page 217 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OFONTARIO as represented by the Minister of Infrastructure _____________________________________________________ Date Name: Title: THE CORPORATION OF THE TOWNSHIP OFORO- MEDONTE _____________________________________________________ Date Name: Title: e.g., Mayor or Regional Chair, or delegate\] I have authority to bind the Recipient. _____________________________________________________ Date Name: Title: Ihave authority to bind the Recipient. The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 4 of 64 Page 218 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final GENERAL TERMS AND CONDITIONS A.1.0 INTERPRETATION AND DEFINITIONS A.1.1 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 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; (e) all accounting terms not otherwise defined in the Agreement have their ordinary meanings; and (f) in the event of a conflict or inconsistency between any of the requirements of: (i) 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; (ii) of the requirements of another schedule or a sub-schedule, (General Terms and Conditions) will prevail; or (iii) a schedule and any of the requirements of a sub-schedule, the schedule will prevail. A.1.2 Definitions. In the Agreement, the following terms have the following meanings: as the meaning ascribed to it in section I.1.1 (Definitions). as the meaning ascribed to it in section I.1.1 (Definitions). means this Clean Water and Wastewater Fund (CWWF) (Ontario) Transfer Payment Agreement entered into between the Province and the Recipient as described in Article 1.1 (Entire Agreement). means any real or personal property or immovable or movable asset, acquired, contracted, rehabilitated or improved, in whole or in part, with Funds. means any government authority, agency, body or department, whether federal, provincial or municipal, having or claiming jurisdiction over the Agreement or the The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 5 of 64 Page 219 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final Project, or both. means the Canada-Clean Water and Wastewater Ontario, as represented by the Minister of Infrastructure, and made on September 13, 2016. means the budget described in C (Program Funding Request). means any working day, Monday to Friday inclusive, excluding statutory 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. means, unless the context requires otherwise, Her Majesty the Queen in right of Canada. means a contract between the Recipient and a Third Party whereby the Third Party agrees to supply goods or services, or both, for the Project in return for financial consideration. means the Clean Water and Wastewater Infrastructure Fund established by Canada to help accelerate short term municipal investments, while supporting the rehabilitation of water, wastewater and stormwater infrastructure, and the planning and design of future facilities and upgrades to existing systems. Declaration of Sub-project means the Declaration of Sub-project Completion attached as Sub-3Form of Declaration of Sub-project Completion). means the date of signature by the last signing party to the Agreement. Expenditures means the costs of the Project incurred by the Recipient and eligible for payment under the terms and conditions of the Agreement, and that are further described in Schedule (Eligible Expenditures and Ineligible Expenditures). 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 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). has the meaning ascribed to it in section A.14.1 (Events of Default). The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 6 of 64 Page 220 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final y means the date on which the Agreement will expire and is the date provided for (Project Specific Information). means the Final Progress Report described in Article D.2.0 (Progress Reports and Final Progress Report). 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. means the money the Province provides to the Recipient pursuant to the Agreement. means the Holdback described in and to be paid in accordance with section A.4.14 (Retention of Contribution) and Article J.7.0 (Holdback). means Her Majesty the Queen in right of Ontario and Canada, respectively, their respective ministers, officers, servants, appointees and employees or any agents and their respective officers and employees. means the maximum amount the Province will provide the Recipient under the Agreement as provided for (Project Specific Information). means any communication given or required to be given pursuant to the Agreement. means the period of time within which the Recipient is required to remedy an Event of Default, pursuant to paragraph A.14.3 (b), and includes any such period or periods of time by which the Province extends that time in accordance with section A.14.4 (Recipient Not Remedying). Progress Reportsmeans the Outcomes Progress Reports described in Article D.3.0 (Outcomes Progress Reports). means the Province and the Recipient. means either the Province or the Recipient. means the program established by the Province to identify projects under the CWWF and enter into agreements, including the Agreement, with recipients of CWWF funds. The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 7 of 64 Page 221 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final means the Progress Report described in Article D.2.0 (Progress Reports and Final Progress Report). Project C (Program Funding Request). means the project evaluation described in Article F.1.0 (Project Evaluation). means (a) the Project would not otherwise have taken place in 2016-17 or 2017-18; or (b) the Project would not have been undertaken without federal funding. This includes projects included in the 2016 municipal budget where projects require additional funding to proceed and/or accelerate. D (Reporting). 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. - means a Project described in Sub-Project Description, Budget and Timelines). Sub-p means when a Sub-project can be used for the purpose for which it is intended, all required Reports and other reports and documents, including the Declaration of Sub-project Completion, have been submitted to the Province, and Final Payment has been made. Sub-p means the Sub-project completion date indicated on the Declaration of Sub-project Completion. means the period of time described in section A.3.1 (Term). means any legal entity, other than a Party, who supplies goods or services, or both, to the Recipient for the Project. means the Project schedule provided C (Program Funding Request). means the total Project funding from all sources, including funding from federal, provincial, territorial, and municipal sources, private sources and in- kind contributions. A.2.0 REPRESENTATIONS, WARRANTIES AND COVENANTS The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 8 of 64 Page 222 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final A.2.1General.The Recipient represents, warrants,and covenants that: (a) it is, and will continue to be, a validly existing legal entity with full power to fulfill its obligations under the Agreement; (b) it has, and will continue to have, the experience and expertise necessary to carry out the Project; (c) it is in compliance with, and will continue to comply with, all Requirements of Law related to any aspect of the Project, the Funds, or both; and (d) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete. A.2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement. A.2.3 Governance. The Recipient represents, warrants and covenants that it has, will maintain, in writing, and will follow: (i) a code of conduct and ethical responsibilities for all persons at all levels of the (ii) procedures to enable the ongoing effective functioning; (iii) decision-making mechanisms for the Recipient; (iv) procedures to enable the Recipient to manage Funds prudently and effectively; (v) procedures to enable the Recipient to complete the Project successfully; (vi) procedures to enable the Recipient to identify risks to the completion of the Project and strategies to address the identified risks, all in a timely manner; (vii) procedures to enable the preparation and submission of all Reports required pursuant to Article A.7.0 (Reporting, Accounting and Review); and (viii) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement. A.2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 9 of 64 Page 223 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final Province with proof of the matters referred to in this Article A.2.0 (Representations, Warranties and Covenants). A.3.0 TERM OF THE AGREEMENT A.3.1 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 A.12.0 (Termination on Notice), Article A.13.0 (Termination Where No Appropriation or Funds from Canada), or Article A.14.0 (Event of Default, Corrective Action and Termination for Default). A.4.0 FUNDS AND CARRYING OUT THE PROJECT A.4.1 Funds Provided. The Province will: (a) provide the Recipient up to the Maximum Funds, which will be no greater than 75% of the total Eligible Expenditures, for the purpose of carrying out the Project; (b) provide the Funds to the Recipient in accordance with the request for payment and payment procedures provided for in JRequests for Payment and Payment Procedures); and (c) deposit the Funds into an account designated by the Recipient provided that the account: (i) resides at a Canadian financial institution; and (ii) is in the name of the Recipient. A.4.2 Limitation on Payment of Funds. Despite section A.4.1 (Funds Provided): (a) in addition to the other limitations under the Agreement on the payment of Funds by the Province, the Province is not obligated to provide: (i) any Funds to the Recipient until the Recipient fulfils all of the special conditions listed in section A.33.1 (Special Conditions); and (ii) any instalment of Funds unless the Province and Canada are satisfied with the progress of the Project; and (b) the Province may adjust the amount of Funds it provides to the Recipient in any the Recipient provides to the Province pursuant to section A.7.1 (Preparation and Submission); and (c) if, pursuant to the Financial Administration Act (Ontario), the Province does not The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 10 of 64 Page 224 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final receive the necessary appropriation from the Ontario Legislature or, under the Bilateral Agreement, funds from Canada for any 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, in consultation with the Recipient, change the Project or Budget, or both; or (ii) terminate the Agreement pursuant to section A.13.1 (Termination Where No Appropriation or Funds from Canada). A.4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the following: (a) carry out the Project; (b) use the Funds only for the purpose of carrying out the Project; (c) spend the Funds only in accordance with the Budget; and (d) not use the Funds to cover any Eligible Expenditure that has or will be funded or reimbursed by one or more of any third party, any ministry, department, agency, or organization of the Government of Ontario or the Government of Canada, except for any Eligible Expenditure that has or will be funded or reimbursed by the Ontario Community Infrastructure Fund Formula Funding, where applicable. A.4.4 Roles Limited to Providing Funds. The Parties CWWF funds to the Recipient for the Project, and that the Province and Canada will have no involvement in the implementation of the Project or its operation. The Province and Canada are neither decision-makers nor administrators of the Project. A.4.5 Interest Bearing Account. If the Province provides Funds to the Recipient before the will place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. A.4.6 Interest. If the Recipient earns any interest on the Funds, the Province may: (a) deduct an amount equal to the interest from any further instalments of Funds; or (b) demand from the Recipient the repayment of an amount equal to the interest. A.4.7 Maximum Funds. The Recipient acknowledges that: (a) the Funds available to it pursuant to the Agreement will not exceed the Maximum Funds; (b) if Canadaotal contribution from all federal sources, including the Funds, towards The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 11 of 64 Page 225 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final the the Province may recover the excess from the Recipient or reduce the contribution under the Agreement by an amount equal to the excess; (c) incial sources, including the Funds, but excluding the Ontario Community Infrastructure Fund Formula Funding , Province may recover the excess from the Recipient or reduce the contribution under the Agreement by an amount equal to the excess; and (d) if the Total Financial Assistance received or due in respect of the total Project costs exceeds 100% of the total Project costs, the Province may, up to the Maximum Funds, recover the excess from the Recipient or reduce the contribution under the Agreement by an amount equal to the excess. A.4.8 Disclosure of Other Financial Assistance and Adjustments. The Recipient will inform the Province promptly of all financial assistance received for the Project. A.4.9 Rebates, Credits and Refunds. The Recipient acknowledges that the amount of Funds available to it pursuant to the Agreement is based on the actual costs to the Recipient to carry out the Project, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit or refund. A.4.10 The Recipient will assume full responsibility for the Project including, without limitation: (a) complete, diligent and timely Project implementation within the costs and timelines specified in the Agreement and in accordance with all other terms and conditions of the Agreement; (b) all the costs of the Project including, without limitation, unapproved expenditures and overruns, if any; (c) subsequent operation, maintenance, repair, rehabilitation, demolition or reconstruction, as required and as per appropriate standards, and any related costs for the full lifecycle of the Project; and (d) the responsibility for undertaking, or cause to be undertaken, the engineering and construction work in accordance with industry standards. A.4.11 Increase in Project Costs. If, at any time during the Term, the Recipient determines that it will not be possible to complete the Project unless it expends amounts in excess of all funding available to it (a ), the Recipient will immediately notify the Province of that determination. If the Recipient so notifies the Province, it will, within 30 days of a request from the Province, provide a summary of the measures that it proposes to remedy The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 12 of 64 Page 226 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final the Shortfall. If the Province is not satisfied that the measures proposed will be adequate to remedy the Shortfall, then the Province may exercise one or more of the remedies available to it pursuant to section A.14.4 (Recipient Not Remedying). A.4.12 Request for Payment and Payment Procedures. The Recipient agrees to submit its requests for payment in accordance with the payment procedures provided for in Schedule J (Requests for Payment and Payment Procedures). A.4.13 Project Incrementality. The Recipient acknowledges that funding for the Project is conditional upon the Project meeting the definition of Project Incrementality. A.4.14 Retention of Contribution. The Province will retain a minimum of 10% of the funding for the Project . The Province will release the amount retained when: (a) the Recipient fulfils all of its obligations under the Agreement; and (b) the Parties have carried out a final reconciliation of all requests for payments and payments in respect of the Project and made any adjustments required in the circumstances. A.5.0 RACQUISITION OF GOODS OR SERVICES, RELATED CONTRACTS AND DISPOSAL OF ASSETS A.5.1 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 including: (i) by following its procurement policies when procuring goods, services or both, where the Municipal Act, 2001 (Ontario) applies to the Recipient; and (ii) by obtaining at least three written quotes where the estimated costs of the goods, services or both exceed $25,000 and the Municipal Act, 2001 (Ontario) does not apply to the Recipient. (b) comply to the extent applicable with: (i) its policies and procedures; and (ii) trade agreements, including the Agreement on Internal Trade and the Trade and Cooperation Agreement between Ontario and Québec. A.5.2 Contract Provisions. The Recipient will ensure that all Contracts are consistent with and incorporate the relevant provisions of the Agreement. More specifically but without limiting the generality of the foregoing, the Recipient agrees to include provisions in all Contracts to ensure: The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 13 of 64 Page 227 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final (a) that proper and accurate accounts and records are maintained for at least 7 years after the expiry or early termination of the Agreement; (b) compliance with all applicable Requirements of Law, including, without limitation, labour and human rights legislation; and (c) the respective rights of the Province and Canada, and any authorized representative or independent auditor identified by the Province or Canada, and the Auditor General of Ontario and the Auditor General of Canada to inspect and audit the terms of any Contract, record and account respecting the Project and have free and timely access to the Project sites, facilities and any documentation, as contemplated pursuant to section A.7.3 (Inspection), are secured. A.5.3 Disposal. The Recipient agrees that any disposal of Asset including, without limitation, the sale, lease, encumbrance or any other disposition of any Asset, will be in accordance with the terms and conditions provided for Hand Revenues from Assets). A.6.0 CONFLICT OF INTEREST A.6.1 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential, or perceived conflict of interest. A.6.2 Conflict of Interest Includes. For the purposes of this Article A.6.0 (Conflict of Interest), a conflict of interest includes any circumstances where: (a) the Recipient; or (b) has outside commitments, relationships, or financial interests that could, or could be seen jective, unbiased and impartial judgment relating to the Project, the use of the Funds, or both. A.6.3 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. A.7.0 REPORTING, ACCOUNTING AND REVIEW A.7.1 Preparation and Submission. The Recipient will: The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 14 of 64 Page 228 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final (a) submit to the Province at the address referred to in section A.18.1 (Notice in Writing and Addresses), all Reports in accordance with the timelines and content requirements provided for in Schedule Reporting), 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 A.18.1 (Notice in Writing and Addresses), any other reports as may be requested by the Province in accordance with the timelines and content requirements specified by the Province; (c) ensure that all Reports and other reports are completed to the satisfaction of the Province; and (d) ensure that all Reports and other reports are signed on behalf of the Recipient by an authorized signing officer. A.7.2 Record Maintenance and Audit. (a) The Recipient will keep and maintain: (i) all financial records (including invoices) relating to the Funds or otherwise to the Project in a manner consistent with generally accepted accounting principles; (ii) all non-financial documents and records relating to the Funds or otherwise to the Project; and (iii) the accounts, records and other documents described in paragraphs A.7.2(a)(i) and (ii) for at least seven years after the expiry or termination of the Agreement. A.7.3 Inspection. The Province, Canada, any authorized representative, or independent auditor identified by the Province or Canada may, at th respective expense, upon 24 business for these purposes, the Province, Canada, any authorized representative, or independent auditor identified by the Province or Canada may take one or more of the following actions: (a) inspect and copy the records and documents referred to in section A.7.2 (Record Maintenance and Audit); (b) remove any copies made pursuant to paragraph A.7.3 premises; and (c) conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds, the Project, or both. A.7.4 Disclosure. To assist in respect of the rights provided for in section A.7.3 (Inspection), the The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 15 of 64 Page 229 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final Recipient will disclose any information requested by the Province, Canada, any authorized representative, or any independent auditor identified by the Province or Canada, and will do so in the form requested by the Province, Canada, any authorized representative, or any independent auditor identified by the Province or Canada, as the case may be. A.7.5 No Control of Records. No provision of the Agreement will be construed so as to give the Province or Canada any A.7.6 Auditor General (Ontario/Canada). this Article A.7.0 (Reporting, Accounting and Review) are in addition to any rights provided to the Auditor General of Ontario pursuant to the Auditor General Act (Ontario) and the Auditor General of Canada pursuant to section 7.1 of the Auditor General Act (Canada). A.7.7 Third Parties. The Recipient shall coordinate access with any Third Party for the purpose of the inspections and audits described in section A.7.3 (Inspection). A.7.8 Project Evaluation. The Recipient agrees to conduct and submit to the Province or Canada, as applicable, Project-related information following the evaluation procedures provided for in Article F.1.0 (Project Evaluation). A.7.9 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. A.7.10 Adverse Fact or Event. The Recipient will inform the Province immediately of any fact or event of which it is aware and that will compromise wholly, or in part, the Project. A.8.0 COMMUNICATIONS REQUIREMENTS A.8.1 Acknowledgement of Support. Unless otherwise directed by the Province, the Recipient will acknowledge the support for the Project as provided for in (Communications Protocol). A.9.0 FIPPA, MFIPPA, AIA AND INFORMATION SHARING WITH CANADA A.9.1 FIPPA. The Recipient acknowledges that the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. A.9.2 MFIPPA. The Province acknowledges that the Recipient is bound by the Municipal Freedom of Information and Protection of Privacy Act (Ontario) and that any information The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 16 of 64 Page 230 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final provided to the Recipient in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. A.9.3 Access to Information Act. The Recipient acknowledges that Canada is bound by the Access to Information Act (Canada) and that any information provided to Canada by either the Province or the Recipient in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. A.9.4 Information Sharing with Canada. The Recipient acknowledges that the Province may: (a) request additional information from the Recipient including, without limitation, information for the purpose of any determination under Article A.30.0 (Environmental Assessment) and Article A.31.0 (Aboriginal Consultation); and (b) share any information it receives from the Recipient pursuant to the agreement with Canada. A.9.5 Open Data. The Recipient agrees that the Province may publicly release the Agreement and any Reports submitted under the Agreement, whether in hard copy or in electronic form, on the internet or otherwise. A.10.0 INDEMNITY A.10.1 Indemnification of the Province and Canada. The Recipient hereby agrees to indemnify and hold harmless the Indemnified Parties from and against any and all liability, loss, costs, damages, expenses (including legal, expert, and consultant fees), causes of action, actions (whether in contract, tort, or otherwise), claims, demands, lawsuits, or other proceedings, by whomever made, sustained, incurred, brought, or prosecuted, in any manner based upon or occasioned by any injury to persons, damage to, loss, or destruction of property, economic loss, or infringement of rights caused by, in any way arising out of (whether directly or indirectly), in connection with the Project, or otherwise in connection with the Agreement , unless such Action is solely caused by the negligence or wilful misconduct of an Indemnified Party in the performance of his or her duty. A.10.2 The Recipient will, at its expense, to the extent requested by the Province or Canada, or both, participate in or conduct the defence of any proceeding against any Indemnified Parties and any negotiations for their settlement. A.10.3 The Province or Canada, or both, may elect to participate in or conduct the defence of any proceeding by providing Notice to the Recipient of such election without prejudice to any other rights or remedies of the Province under the Agreement or Canada under the Bilateral Agreement, at law or in equity. The Recipient, Canada or the Recipient, as applicable, participating in the defence will do so by actively The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 17 of 64 Page 231 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final A.10.4Settlement Authority.The Recipient will not enter into a settlement of any proceeding against any Indemnified Parties unless the Recipient has obtained the prior written approval or waiver for this requirement. If the Recipient is requested by the Province or Canada to participate in or conduct the defence of any proceeding, the Province will co-operate with and assist the Recipient to the fullest extent possible in the proceeding and any related settlement negotiations. A.10.5 -operation. If the Province or Canada conducts the defence of any proceedings, the Recipient will co-operate with and assist the Province or Canada, as applicable, to the fullest extent possible in the proceedings and any related settlement negotiations. A.10.6 Province and Canada Limitation of Liability. The Province and Canada, respectively, will not be liable for any direct, indirect, consequential, exemplary or punitive damages, regardless of the form of action, whether in contract, tort or otherwise, arising from any reduction or termination of funding in response to the reduction of any appropriation or departmental funding levels in respect of transfer payments, CWWF or otherwise, as evidenced by any appropriation act or the provincial or fede supplementary estimates expenditures. A.11.0 INSURANCE A.11.1 The Recipient represents, warrants, and covenants that it has, and will maintain at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than $2,000,000.00 per occurrence and policy aggregate. The policy will include the following: (a) the Indemnified Parties as additional insureds with respect to liability arising in the connection with, the Agreement; (b) a cross-liability clause; (c) contractual liability coverage; and (d) a 30-day written notice of cancellation. A.11.2 Proof of Insurance. The Recipient will: (a) provide to the Province, either: (i) certificates of insurance that confirm the insurance coverage as provided in section A.11 The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 18 of 64 Page 232 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final (ii) other proof that confirms the insurance coverage as provided for in section A.11.1 ; and (b) upon the request of the Province, provide to the Province a copy of any insurance policy. A.12.0 TERMINATION ON NOTICE A.12.1 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. A.12.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A.12.1 (Termination on Notice), the Province may take one or more of the following actions: (a) cancel all further instalments of Funds; (b) demand the repayment 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 the Recipient owes pursuant to paragraph A.12.2(b); and (ii) subject to section A.4.7 (Maximum Funds), provide Funds to the Recipient to cover such costs. A.13.0 TERMINATION WHERE NO APPROPRIATION OR FUNDS FROM CANADA A.13.1 Termination Where No Appropriation or Funds from Canada. If, as provided for in paragraph A.4.2(c), the Province does not receive the necessary appropriation from the Ontario Legislature or funds from Canada, as applicable, 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. A.13.2 Consequences of Termination Where No Appropriation or Funds from Canada. If the Province terminates the Agreement pursuant to section A.13.1 (Termination Where No Appropriation or Funds from Canada), the Province may take one or more of the following actions: (a) cancel all further instalments of Funds; The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 19 of 64 Page 233 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final (b) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the Project and permit the Recipient to offset such costs against the amount owing pursuant to paragraph A.13.2(b). A.13.3 No Additional Funds. For greater clarity, if the costs determined pursuant to paragraph A.13.2(c) exceed the Funds remaining in the possession or under the control of the Recipient, the Province will not provide additional Funds to the Recipient. A.14.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A.14.1 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 failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; (ii) use or spend Funds; or (iii) provide, in accordance with section A.7.1 (Preparation and Submission), Reports or such other reports as may have been requested pursuant to paragraph A.7.1(b). A.14.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; (e) cancel all further instalments of Funds; (f) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; (g) demand the repayment of an amount equal to any Funds the Recipient used, but did The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 20 of 64 Page 234 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final not use in accordance with the Agreement; (h) demand the repayment 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. A.14.3 Opportunity to Remedy. If, in accordance with paragraph A.14.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will provide Notice to the Recipient of: (a) the particulars of the Event of Default; and (b) the Notice Period. A.14.4 Recipient Not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to paragraph A.14.2(b), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in paragraphs A.14.2(a), (c), (d), (e), (f), (g), (h), and (i). A.14.5 When Termination Effective. Termination under this Article A.14.0 (Event of Default, Corrective Action and Termination for Default) will take effect as provided for in the Notice. A.15.0 FUNDS AT THE END OF A FUNDING YEAR A.15.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article A.14.0 (Event of Default, Corrective Action and Termination for Default), if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a) demand the return of the unspent Funds; and (b) adjust the amount of any further instalments of Funds accordingly. The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 21 of 64 Page 235 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final A.16.0FUNDS UPON EXPIRY A.16.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, return to the Province any Funds remaining in its possession or under its control. A.17.0 REPAYMENT A.17.1 Repayment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay an amount equal to the excess Funds to the Province. A.17.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands the payment of any Funds or an amount equal to any Funds from the Recipient; or (b) the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not their return or repayment has been demanded by the Province, 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 or return the amount to the Province immediately, unless the Province directs otherwise. A.17.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. A.17.4 Payment of Money to Province. The Recipient will pay any money owing to the Province at the address provided for in contact information for the purposes of Notice to the Province. A.17.5 Failure to Repay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to repay 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. A.18.0 NOTICE A.18.1 Notice in Writing and Addresses. Notice will be in writing and will be delivered by email, The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 22 of 64 Page 236 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final postage-prepaid mail, personal delivery, or fax, and will be addressed to the Province and the Recipient respectively as provided for in Schedule B (Project Specific Information), or as either Party later designates to the other by Notice. A.18.2 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. A.18.3 Postal Disruption. Despite paragraph A.18.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be received; and (b) the Party giving Notice will provide Notice by email, personal delivery or by fax. A.19.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A.19.1 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. A.20.0 SEVERABILITY OF PROVISIONS A.20.1 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. A.21.0 WAIVER A.21.1 Waivers in Writing. If a Party fails to comply with any term of the Agreement, that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the Notice provisions in Article A.18.0 (Notice). Any waiver must refer to a specific failure to comply and will not have the effect of waiving any subsequent failures to comply. A.22.0 INDEPENDENT PARTIES A.22.1 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. The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 23 of 64 Page 237 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final A.23.0 ASSIGNMENT OF AGREEMENT OR FUNDS A.23.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A.23.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to permitted assigns. A.24.0 GOVERNING LAW A.24.1 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. A.25.0 FURTHER ASSURANCES A.25.1 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. A.26.0 JOINT AND SEVERAL LIABILITY A.26.1 Joint and Several Liability. Where the Recipient is comprised of more than one entity, the Recipient agrees that, and will require the same of each 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. A.27.0 RIGHTS AND REMEDIES CUMULATIVE A.27.1 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. A.28.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 24 of 64 Page 238 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final A.28.1Other 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 ); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. A.29.0 SURVIVAL A.29.1 Survival. The following Articles, sections and paragraphs, and all applicable cross- referenced Articles, sections, paragraphs, schedules, and sub-schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0 (Entire Agreement), 3.0 (Amending the Agreement), A.1.0 (Interpretation and Definitions) and any other applicable definitions, paragraph A.4.2(c), sections A.4.6 (Interest), A.5.3 (Disposal), A.7.1 (Preparation and Submission) (to the extent that the Recipient has not provided the Reports or other reports as may have been requested to the satisfaction of the Province), A.7.2 (Record Maintenance and Audit), A.7.3 (Inspection), A.7.4 (Disclosure), A.7.5 (No Control of Records), A.7.6 (Auditor General (Ontario/Canada)), A.7.7 (Third Parties), A.7.8 (Project Evaluation), and A.7.9 (Calculations), Article A.8.0 (Communications Requirements), A.10.0 (Indemnity), sections A.12.2 (Consequences of Termination on Notice by the Province), A.13.2 (Consequences of Termination Where No Appropriation or Funds from Canada) and A.13.3 (No Additional Funds), A.14.1 (Events of Default), paragraphs A.14.2(d),(e), (f), (g) and (h), Articles A.16.0 (Funds Upon Expiry), A.17.0 (Repayment), A.18.0 (Notice), and A.20.0 (Severability of Provisions), section A.23.2 (Agreement Binding), Articles A.24.0 (Governing Law), A.26.0 (Joint and Several Liability), A.27.0 (Rights and Remedies Cumulative), A.28.0 (Failure to Comply with Other Agreements), and A.29.0 (Survival). A.30.0 ENVIRONMENTAL ASSESSMENT A.30.1 Responsibility of Federal/Responsible Authority. Without obligations for compliance with Environmental Laws and for greater clarity, the Recipient agrees to ensure that the responsibility of the federal authority or responsible authority, or both, under the Canadian Environmental Assessment Act, 2012 and applicable The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 25 of 64 Page 239 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final agreements between Canada and Aboriginal groups are met and continues to be met to A.30.2 Funding Conditional upon Meeting Environmental Assessment Requirements. The Recipient agrees that the funding under the Agreement is conditional upon the Province or Canada or both, as applicable, being satisfied that the requirements under this Article (Environmental Assessments) have been met. A.31.0 ABORIGINAL CONSULTATION A.31.1 Aboriginal Consultation Protocol. The Parties agree to be bound by the terms and conditions of the Aboriginal Consultation Protocol provided for (Aboriginal Consultation Protocol). A.31.2 Funding Conditional upon Meeting Aboriginal Consultation Obligations. The Recipient agrees that the funding under the Agreement is conditional upon the Province or Canada, or both, being satisfied that their respective obligations with respect to the legal duty to consult and, if applicable, accommodate Aboriginal Communities have been met. A.32.0 DISPUTE RESOLUTION A.32.1 Contentious Issues. The Parties will keep each other informed of any issues that could be contentious. A.32.2 Examination by the Parties. The Parties agree, if a contentious issue arises, to refer the contentious issue to senior officials of both Parties for examination. A.32.3 Potential Dispute Resolution by the Parties The Parties agree that the Parties will, in good faith, reasonably attempt to resolve potential disputes as soon as possible and, in any event, within 90 Business Days of receipt of a Notice of a contentious issue. A.32.4 Exploration of Mechanisms for Dispute Resolutions. Where the Parties cannot agree on a resolution, the Parties may explore any alternative dispute resolution mechanisms available to them to resolve the issue. A.32.5 Suspension of Payments. Any payments related to any contentious issue or dispute raised by either Party may be suspended by the Province, together with the obligations related to such issue, pending resolution. A.33.0 SPECIAL CONDITIONS A.33.1 Special Conditions. funding under the Agreement is conditional upon, The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 26 of 64 Page 240 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final (a) on or before the Effective Date, the Recipient providing the Province with: (i) a copy of the by-law(s) and, if applicable, any council resolution(s) authorizing the Agreement and naming municipal signing officers for the Agreement; (ii) the certificate of insurance or other proof as the Province may request pursuant to section A.11.2 (Proof of Insurance); (iii) the necessary information, including a void cheque or a bank letter, to facilitate an electronic funds transfer to an interest bearing account in the name of the Recipient at a Canadian financial institution; and (iv) a duly executed CWWF attestation form, substantially in the form of the Clean Water and Wastewater Funds (CWWF) Attestation Form attached as Schedule KForm of Clean Water and Wastewater (CWWF) Attestation Form), as evidence that the Project meets the definition of Project Incrementality. (b) prior to submitting a request for payment under the Agreement, the Recipient providing the Province with written confirmation that the Recipient, (i) is in compliance with the Environmental Laws, including the Recipient obligation under Article A.30.0 (Environmental Assessment), and obtained all necessary approvals and permits; (ii) has, if applicable, met the requirements under Article A.31.0 (Aboriginal Consultation); and (iii) has entered into a legally binding agreement that is consistent with and incorporates the relevant provisions of the Agreement with: 1. each of the land-owners upon which the Project is carried out, if the Recipient does not own the land on which the Project is carried out; and 2. each of the indicated in its application have agreed to maintain the Project. For greater certainty, if the Province provides any Funds to the Recipient prior to any of the conditions set out in this Article A.33.0 (Special Conditions) having been met, and has not otherwise waived compliance with such condition in writing, the Province may exercise one or more of the remedies available to it pursuant to section A.14.4 (Recipient Not Remedying). The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 27 of 64 Page 241 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final B PROJECT SPECIFIC INFORMATION $95,123.00 Maximum Funds March 31, 2021 ExpiryDate Contact information for the Clean Water and Wastewater Fund purposes of Noticeto the ProvinceAddress: Inter-governmental PolicyBranch Ministry of Infrastructure 900 Bay Street Mowat Block, 5th Floor Toronto, Ontario M7A 1C2 Phone: 647-287-7897 Fax: 416-325-7871 Email:Luke.Hillan@ontario.ca Cc: CWWF@infrastructureontario.ca Contact information for the Name: purposes of Notice to the RecipientPosition: Address: Phone: Fax: Email: The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page28 of 64 Page 242 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final Representative of the Province for thepurpose Position: Manager,Inter-governmental Policy of sections C.2.2Branch (Amending Agreement for Minor Changes to the Project Description, Budget and Timelines)and D.6.2(Amending Agreement for Minor Changes to the Reporting) Authorized representative ofthe Recipientfor thePosition: purpose of sections C.2.2 (Amending Agreement for Minor Changes to the Project Description, Budget and Timelines)and D.6.2(Amending Agreement for Minor Changes to the Reporting) Contact Information for the Name: authorized representative ofthe Recipient Position: organization to respond to requestsfrom the Province Address: related to the Agreement Phone: Fax: Email: The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page29 of 64 Page 243 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final PROGRAM FUNDING REQUEST C.1.0 PROJECT DESCRIPTION, BUDGET AND TIMELINES C.1.1 Project Description. The Recipient will carry out the Project described in Sub-schedule Project Description, Budget and Timelines). C.1.2 Budget and Timelines. The Recipient will carry out the Project within the Budget and Timelines described in Sub-Project Description, Budget and Timelines) and in alignment with the Sub-project Cost Breakdown described in Sub- (Sub- project Cost Breakdown). C.2.0 CHANGES TO THE PROJECT DESCRIPTION, BUDGET AND TIMELINES C.2.1 Minor Changes to the Project Description, Budget and Timelines. Subject to section C.2.2 (Amending Agreement for Minor Changes to the Project Description, Budget and Timelines), the Parties agree that minor changes, as determined by the Province at its sole discretion, may be made to the Project description, Budget and Timelines. C.2.2 Amending Agreement for Minor Changes to the Project Description, Budget and Timelines. Any change made to the Project description, Budget and Timelines, pursuant to section C.2.1 (Minor Changes to the Project Description, Budget and Timelines), must be documented through a written agreement duly executed by the respective representatives of The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 30 of 64 Page 244 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... 64 of 31 - Eligible $ Other Contribution (Expenditures) Page $54,877.00 Municipal Contribution (Eligible Expenditures) $31,708.00 Provincial Contribution (Eligible Expenditures) - $ Other Federal Contributions (Eligible Expenditures) 1 . C $63,415.00 Program Contribution (Eligible Expenditures) $150,000.00 Total Eligible Cost - TPA SUB Date d End Forecaste September 30, 2017 and Ontario CWWF PROJECT DESCRIPTION, BUDGET AND TIMELINES Forecasted Start Date June 1, 2017 Medonte - e the ve ro O shaped - of Project Description Conversion of drypond to wetland to improvwater quality removal of stormwater facility, forebay to increase the flow path and improve water quality, channel realigned to create positive drainage to Highway 11, channel cleaned out, reand plant to maximize conveyance capacity and improwater quality, benefits residents of Melville Court and assist in reduction of localized seasonal ship - own T Project Title Dry Pond Retrofit to Wet Pond allowing 0.3m of permanent pool to be stored in the facility and planted with wetland vegetation, Channel Realignment to 0.20.3% positive drainage' - CLIENT PRIVILEGED & CONFIDENTIAL - Project Location OroMedonte, Township of - Unique Project ID ORO001 SOLICITOR Final The Corporation of the Page 245 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... 64 of 32 Page TPA and Ontario CWWF Medonte - ro O of flooding. (Low Impact Development) ownship T CLIENT PRIVILEGED & CONFIDENTIAL - SOLICITOR Final The Corporation of the Page 246 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final SUB-C.2 SUB-PROJECT COST BREAKDOWN Oro-Medonte, Township of Name of Recipient: ORO-001 Unique Project ID: Project Title:Dry Pond Retrofit to Wet Pond allowing 0.3m of permanent pool to be stored in the facility and planted with wetland vegetation, Channel Realignment to 0.2-0.3% positive June 1, 2017 Project Timeline: Start Date: September 30, 2017 Completion Date: Description Recipient's Project Cost EligibilityComments Budget (Net of HST) EligibleIneligible A LAND 1 Land Purchase - - B CONSTRUCTION 1 Construction - - 2 Owner Supplied Materials/Equipment - - 3 - - Other Materials (e.g. permanent software, IT systems) 4 Construction Contingency - - C FF&E 1 Loose Furniture & Equipment - - D CONSULTANTS/ PROFESSIONAL 1 Feasibility Study/ Design Study/ EA - - 2 Design Engineering / Consultant - - 3 Other Consultants - - 4 Consultants Contingency - - E ADMIN 1 - - Insurances not covered Under Construction Contract 2 - - Internal Staff Time (directly related to Project) Project Signage/ Communications (if not inlc. in 3 - - construction) Other Fees (legal, loan interest, bank charges, 4 - - municipal, real estate) 5 Contingency - - F Sub Total - - - 1 G - - Non Rebated HST on Eligible Costs Rebated HST on Eligible Costs plus HST on H - - 1 Ineligible Costs I PROJECT TOTAL (F+G+H) - - - Page 33 of 64 The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 247 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final REPORTING D.1.0 REPORTING D.1.1 Types of Reports. The Recipient will submit Progress Reports, Outcomes Reports and a Final Progress Report to the Province for the Project as required and within the timelines in Schedule . D.1.2 Description of Reports. The Progress Reports and Final Progress Report are described in Article D.2.0 (Progress Reports and Final Progress Report) and the Outcomes Reports are described in Article D.3.0 (Outcomes Progress Reports). D.2.0 PROGRESS REPORTS AND FINAL PROGRESS REPORT D.2.1 Format and Information for Progress Reports and Final Progress Report. The Recipient will submit to the Province each Progress Report and Final Progress Report in a format acceptable to the Province. Also, each Progress Report and Final Progress Report will include the information described in the template below. For greater clarity, references - is for consistency with templates the Province has received from Canada pursuant to the Bilateral Agreement. Project Information Claim Unique Recipient Legal No. Project Project Title Project Description Name ID Financial Information Program Other Federal Provincial Municipal Other Total Total Eligible Contribution Contributions Contribution Contribution Contribution Project Expenditures (Eligible (Eligible (Eligible (Eligible (Eligible Cost Expenditures) Expenditures) Expenditures) Expenditures) Expenditures) Progress Information Forecasted Start Date Forecasted End Date Federal Actual Start Date Actual End Date (Updated from Project List) (Updated from Project List) Signage Installed (MM/DD/YYYY) (MM/DD/YYYY) (Y/N) (MM/DD/YYYY) (MM/DD/YYYY/MM/DD) Progress Information Risk Assessment The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 34 of 64 Page 248 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final Progress Risk Factors Towards Project Complete? Progress Note (Updated from Project Mitigation Measures Completion (Y/N) List) (%) Claims Information Total Incurred Total Claimed to Program (i.e. Federal) Provincial Contribution Amount Claimed Eligible Date (Including Contribution (Including current Claim) Expenditures to current claim) (Including current Date Claim) D.2.2 Additional Information for Progress Reports and Final Progress Reports. In addition to the information described in section D.2.1 (Format and Information for Progress Reports and Final Progress Reports), the Recipient will provide the Province for each Progress Report and Final Progress Report an attestation in a format acceptable to the Province, signed by a delegated/authorized senior official of the Recipient, that confirms that the: (a) Project has been completed (Final Progress Report only); (b) Federal and Provincial funding was spent on Eligible Expenditures in accordance with the terms and conditions of the Agreement (Final Progress Report only); (c) Since the date of the last disbursement, if any, the Recipient has expended funds on Project, and all amounts claimed have been incurred and are true and correct; (d) All costs claimed have been accounted for in accordance with the Public Sector Accounting Standards in effect in Canada; (e) The amount of the requested disbursement, when added to the aggregate amount of disbursements, if any, in respect of the Eligible Expenditures related to each approved project, does not exceed the allocated federal and provincial portions of the grant for that eligible project(s); (f) The proceeds of the requested disbursement will be applied to one or more of the Project in accordance with the project budget and will not be applied to any other purposes; The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 35 of 64 Page 249 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final (g) The Project to which these funds will be applied have been procured in accordance with the principal of open, fair and transparent and provides value for money; (h) All records (including but not limited to contracts, invoices, statements, receipts, vouchers) are being retained in accordance with the requirements of the Agreement ; and (i) The Recipient has complied, or with the acknowledgment of the Province, is complying, with respect to Duty to Consult with respect to the project(s) identified by the Province. D.3.0 OUTCOMES PROGRESS REPORTS D.3.1 Format and Information for Outcomes Progress Reports. The Recipient will submit to the Province each Outcomes Progress Report in a format acceptable to the Province. Also, each Outcomes Progress Report will include the information described below in paragraph D.3.1 (a) (Baseline Data (2015) Template) for the first Progress Report and for all other Outcomes Progress Reports. (a) Baseline Data (2015) Template The Recipient will provide the baseline data for the performance indicators identified below as applicable to the Province for the first Progress Report. For greater clarity, references to Sub-p the Province has received from Canada pursuant to the Bilateral Agreement. Outcome CWWF Performance Indicator Average % decrease in unplanned service interruptions per month (not related to weather) Improved reliability Average % decrease in volume of water leakage and/or infiltration that can be attributed to funded investments Total estimated kilowatt-hours saved as a result of funded investments Average Life Cycle Cost of applicable water treatment systems after Improved construction efficiency Average Life Cycle Cost of applicable wastewater treatment and stormwater systems after construction Improved Percentage of assets that have increased their physical condition rating (as rehabilitation per reporting guideline) as a result of funding The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 36 of 64 Page 250 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final Average number of years of useful life remaining on applicable wastewater treatment and collection components, extended as a result of funded investments Average number of years of useful life remaining on applicable storm water components, extended as a result of funded investments Average number of years of useful life remaining on applicable water treatment and distribution components, extended as a result of funded investments Number of funded water treatment plans and studies that have resulted in identified capital projects that are either included in capital planning documents with associated funding or that are in the process of being Funded plans are implemented being Number of funded wastewater plans and studies that have resulted in implemented identified capital projects that are either included in capital planning documents with associated funding or that are in the process of being implemented Number of water treatment facilities that have improved water quality as a result of funded investments Safer drinking Number of drinking water systems that have eliminated a boil water water advisory as a result of funded investments Number of water treatment systems that have met or exceeded applicable regulations and guidelines as a result of funding Number of applicable wastewater systems by treatment level (no treatment, Primary. Secondary, Tertiary) after end of construction Cleaner Number of systems that have improved the quality of wastewater effluent or wastewater and storm water discharge as a result of funded investments stormwater Number of wastewater systems that have met or exceeded applicable regulations and guidelines as a result of funding Total value of capital expenditures for water and wastewater system projects for 2016 Projects are incremental Total value of capital expenditures for water and wastewater system projects for 2017 D.4.0 ABORIGINAL CONSULTATION RECORD D.4.1 Inclusion of Aboriginal Consultation Record. The Recipient agrees to include, if consultation with Aboriginal Communities is required, in its Progress Reports any Aboriginal Consultation Record. The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 37 of 64 Page 251 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final D.5.0 RISK ASSESSMENT D.5.1 Further Details on Risk Assessment. Upon the Province written request and at the sole discretion of the Province, the Recipient will provide further details on the risk assessment it provides in any of its Sub-project Progress Report. D.6.0 REPORTING) D.6.1 Minor Changes to the Reporting. Subject to section D.6.2 (Amending Agreement for Minor Changes to the Reporting), the Parties agree that minor changes (Reporting), as determined by the Province at its sole discretion, may be made. D.6.2 Amending Agreement for Minor Changes to the Reporting. Any change made to this eporting), pursuant to section D.6.1 (Minor Changes to the Reporting), must be documented through a written agreement duly executed by the representatives of the Parties listed in The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 38 of 64 Page 252 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES E.1.0 DEFINITIONS E.1.1 Definitions. Expenditures and Ineligible Expenditures): means the Eligible Investments described in section E.2.2 (Eligible Investments). means the costs of the Project that are ineligible for contribution by the Province under the terms and conditions of the Agreement, and that are described in this Expenditures and Ineligible Expenditures). E.2.0 ELIGIBLE EXPENDITURES AND ELIGIBLE INVESTMENTS E.2.1 Eligible Expenditures Date of Effect. Eligible Expenditures can begin to accrue as of April 1, 2016. E.2.2 Eligible Investments. The following are Eligible Investments: i. Capital projects for the rehabilitation of water treatment and distribution systems, and wastewater and storm water collection, conveyance and treatment systems; ii. Separation of existing combined sewers and/or combined sewer overflow control; iii. Initiatives that support system optimization and improved asset management including studies and pilot projects related to innovative and transformative technologies; iv. Design and planning for upgrades to wastewater treatment infrastructure to meet federal regulatory requirements; and v. New construction projects, including the construction of naturalized systems for management and treatment of wastewater and storm water, if the projects will be completed within the program timeframe. E.2.3 Scope of Eligible Expenditures. Eligible Expenditures include only the following: i. All costs considered by Province to be direct and necessary for the successful implementation of an eligible Project, excluding those identified under section E.3.0 (Ineligible Expenditures); including: a. Environmental assessment costs b. Engineering costs, including tendering and contract administration Page 39 of 64 The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 253 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final i. Feasibility studies, detailed design or pilot projects that support system optimization and/or asset management. ii. Design and planning for upgrades to wastewater treatment infrastructure to meet federal regulatory requirements. c. Project management costs d. Material costs e. Construction costs f. Contingency costs (maximum 15% - calculation excludes professional fees) ii. Costs of Aboriginal consultation, and where appropriate, accommodation; iii. Cost incurred between April 1, 2016 and March 31, 2018; iv. Costs incurred between April 1, 2016 and March 31, 2019 only for those projects where Canada and the Province have approved a Project end date beyond March 31, 2018; and v. Cost of construction carried out in-house by a Recipient, where the Recipient must, upon request by the Province, provide evidence that demonstrates the costs of construction are at fair market value which is defined as the amount of consideration that would be agreed upon in an arms-length transaction between knowledgeable, willing parties who are under no compulsion to act. E.3.0 INELIGIBLE EXPENDITURES E.3.1 Scope of Ineligible Expenditures. Unless a cost is considered an Eligible Expenditure pursuant to section E.2.3 (Scope of Eligible Expenditures), such cost will be considered an Ineligible Expenditure. Without limitation, the indirect costs listed in section E.3.2 (Indirect Costs), the costs that are over and above the Project scope listed in section E.3.3 (Costs Over and Above Project Scope), and the following costs will be considered Ineligible Expenditures: i. Costs incurred prior to April 1, 2016 and costs incurred after March 31, 2018, subject to section E.2.3(iv); ii. Costs incurred for cancelled projects; iii. Land acquisition; leasing land, buildings and other facilities; leasing equipment other than equipment directly related to the construction of the project; real estate fees and related costs; iv. Financing charges, legal fees and loan interest payments, including those related to easements (e.g. surveys); v. Any goods and services costs which are received through donations or in kind; vi. Provincial sales tax and Goods and Services Tax/Harmonized Sales Tax, for which the Recipient is eligible for a rebate, and any other costs eligible for rebates; vii. Costs associated with operating expenses and regularly scheduled maintenance work; The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 40 of 64 Page 254 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final viii. Movable/transitory assets (i.e. portable generators, etc.) that are not part of a larger Project; and ix. Costs of completing the CWWF submission. E.3.2 Indirect Costs. Without limitation, the following indirect costs are Ineligible Expenditures: (a) costs of developing the business case for the purposes of applying for provincial funding for the Project; (b) costs related to Project evaluation, including the Project Evaluation, and audit, unless otherwise approved by the Province in writing; (c) costs associated with obtaining necessary approvals, licenses or permits where the Recipient is the entity providing the approval, license or permit; (d) 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, and are beyond the scope of section E.2.3(v); (e) costs of any activities that are part of the regular operation and maintenance of municipal assets, including operation and maintenance costs related to the Project; (f) carrying costs incurred on the funding share of any funding partner other than the Province; (g) costs associated with Recipient staff travel and any Third Party; (h) litigation costs incurred by the Recipient in proceedings against the Province or the Recipient; (i) legal costs incurred by the Recipient; and (j) ince; E.3.3 Costs Over and Above Project Scope. Activities undertaken as part of the Project that are over and above the scope of the Project will not be funded under the Agreement. These costs include, but are not limited to: (a) upgrading of municipal services and utilities that is over and above relocation or replacement that is necessitated for the Project; (b) upgrades to materials and design beyond existing municipal standards; and (c) design enhancements over and above those that are described for the Project. The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 41 of 64 Page 255 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final EVALUATION F.1.0 PROJECT EVALUATION F.1.1 . The Recipient understands that the Province or Canada, or both, may ask the Recipient to participate in an evaluation of the Program or CWWF, or both, during and after the Term. The Recipient agrees, if asked and at its own expense, to provide Project-related information to the Province or Canada, or both, for the purpose of the evaluation. F.1.2 Results of Project Evaluation(s). The result of the Project evaluation(s) carried under section F.1.1 will be made available to the public. Page 42 of 64 The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 256 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final COMMUNICATIONS PROTOCOL G.1.0 DEFINITIONS G.1.1 Definitions. For (Communications Protocol): include, but are not limited to, public or media events or ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences, public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi-media content, advertising campaigns, awareness campaigns, editorials, multi-media products and all related communication materials. are events, news releases, and signage that relate to the promotion of the Program, CWWF or Project and are collaboratively developed and approved by Canada, Ontario and the Recipient, and are not operational in nature. G.2.0 PURPOSE G.2.1 Purpose. This communications protocol outlines the roles and responsibilities of each of the Parties to the Agreement with respect to Communications Activities related to the Project. G.2.2 Guidance. This communications protocol will guide all Communications Activity planning, development and implementation with a view to ensuring efficient, structured, continuous, consistent and coordinated communications to the Canadian public. G.2.3 Application to Communications Activities. The provisions of this communications protocol apply to all Communications Activities related to the Agreement and the Project. G.3.0 GUIDING PRINCIPLES G.3.1 Information to Canadians. Communications Activities undertaken through this communications protocol should ensure that Canadians are informed that the Project helps improve their quality of life and about its benefits. G.3.2 Factors to Consider. The Communications Activities undertaken to recognize funding under the Agreement will take into account the financial value and duration of the Project and the feasibility of Joint Communications for Communications Activities. G.3.3 Deficiencies and Corrective Actions. The Province will communicate to the Recipient any deficiencies or corrective actions, or both, identified by the Province and Canada. The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 43 of 64 Page 257 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final G.3.4Approval of Communications Material.The announcement or publication of the Project must be approved by the Parties and Canada prior to being carried out. G.4.0 JOINT COMMUNICATIONS G.4.1 Subject Matter. The Parties and Canada will have Joint Communications about the funding and status of the Project. G.4.2 Prior Knowledge and Agreement. Joint Communications related to the Project should not occur without the prior knowledge and agreement of the Parties and Canada. G.4.3 All Joint Communications material will be approved by the Province and Canada, contribution under Schedule A (General Terms and Conditions) or the Total Financial Assistance, or both, received for the Project. G.4.4 Notice and Timing. The Recipient and the Province, on its own behalf or that of Canada, may request Joint Communications. The Party requesting the Joint Communications will provide at least 15 notice to the other Party. If the Communications Activity is an event, it will take place at a date and location mutually agreed to by the Parties and, if applicable, Canada. G.4.5 Participation and Representatives. The Party requesting a Joint Communications will provide the opportunity for the other Party and Canada to choose to participate and, if they do so choose, their own designated representative (in the case of an event). G.4.6 English and French. Canada has an obligation to communicate in English and French. Communications products related to events must be bilingual and include the Canada word mark and the logos of the Parties. In such cases, Canada will provide the translation services and final approval on products. G.4.7 Table of Precedence for Canada. The conduct of all Joint Communications will follow the Table of Precedence for Canada as applicable. G.5.0 INDIVIDUAL COMMUNICATIONS G.5.1 Notwithstanding Article G.4.0 (Joint Communications), the Parties agree that Canada has the right to communicate information to Canadians about the Agreement and the use of Funds to meet its legislated and regulatory obligations through its own Communications Activities. G.5.2 Restrictions. Each Party may include general CWWF messaging and an overview of the Project in their own Communications Activities. The Province and the Recipient will not unreasonably restrict the use of, for their own purposes, Communications Activities The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 44 of 64 Page 258 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final related to the Project and if web- or social-media based, from linking to it. Canada has also agreed, in the Bilateral Agreement, to the above. G.5.3 Publication. The Recipient will indicate, in any of its Project-related publications, whether written, oral, or visual, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. G.6.0 OPERATIONAL COMMUNICATIONS G.6.1 Responsibility of Recipient. The Province and the Recipient are solely responsible for operational communications with respect to the Project, including but not limited to: calls for tender, contract awards, and construction and public safety notices. Operational communications as described above are not subject to the Official Languages Act of Canada. G.7.0 MEDIA RELATIONS G.7.1 Significant Media Inquiry. The Province and the Recipient will share information promptly with the other Party and Canada should significant media inquiries be received or emerging media or stakeholder issues arise to a Project or the CWWF. G.8.0 SIGNAGE G.8.1 Recognition of Funding Contribution. The Parties agree that Canada, the Province and the Recipient may each have signage recognizing their funding contribution to the Project. G.8.2 Funding Recognition. Unless otherwise agreed by Canada and the Province, the Recipient will produce and install signs to recognize funding at the Project site in accordance with current federal and provincial signage guidelines. Federal and provincial sign design, content, and installation guidelines will be provided by Canada and/or the Province. G.8.3 Permanent Plaque. Where the Recipient decides to install a permanent plaque or other suitable marker with respect to the Project, it will recognize contribution and be approved by Canada and the Province. G.8.4 Notice of Sign Installation. The Recipient will inform the Province of sign installations. G.8.5 Timing for Erection of Sign. If erected, signage recognizing the federal and provincial CWWF contribution will be installed at the Project site(s) 30 days prior to the start of construction, be visible for the duration of the Project, and remain in place until 30 days after construction is completed and the infrastructure is fully operational or opened for public use. The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 45 of 64 Page 259 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final G.8.6 Size of Sign. If erected, signage recognizing the federal and provincial CWWF contribution will be at least equivalent in size and prominence to Project signage for contributions by other orders of government and be installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility. G.8.7 Responsibility of Recipient. The Recipient is responsible for the production and installation of Project signage, or as otherwise agreed upon. G.8.8 Recognition in Documents. In the case of Projects where the deliverable is a document, such as but not limited to plans, reports, studies, strategies, training material, webinars, and workshops, the Recipient financial contribution received for the Project. G.9.0 COMMUNICATING WITH RECIPIENT G.9.1 Facilitation of Communications. The Province agrees to facilitate, as required, communications between Canada and the Recipient for Communications Activities. G.10.0 ADVERTISING CAMPAIGNS G.10.1 Notice of Advertising Campaigns. Recognizing that advertising can be an effective means of communicating with the public, the Recipient agrees that Canada or the Province, or both, may, at their own cost, organize an advertising or public information campaign related to the Agreement or the Project. However, such a campaign will respect the provisions of the Agreement. In the event of such a campaign, the sponsoring Party or Canada will inform the other Party or Canada of its intention no less than 21 Business Days prior to the campaign launch. The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 46 of 64 Page 260 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final DISPOSAL OF AND REVENUES FROM ASSETS H.1.0 DEFINITIONS H.1.1. Definitions. For (Disposal of and Revenues from Assets): means the period beginning April 1 of a year and ending March 31 of the following year. 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. H.2.0 DISPOSAL OF ASSETS H.2.1 Repayment. Subject to section H.2.2 (Reinvestment), the Recipient undertakes to notify the Province in writing, 180 days in advance, if at any time during a period of five years from the Expiry Date, 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 purchased, acquired, constructed, repaired, rehabilitated, renovated or improved, in whole or in part, with Funds, other than to Canada, the Province, a Crown agent of the Province or Canada, or a Local Government orwritten consent, any other entity. Upon disposition, unless the Province otherwise consents in writing, the Recipient hereby undertakes to reimburse the Province, forthwith on demand, a proportionate amount of the , in the proportion set out below: Where Asset sold, leased, encumbered, used in Return of Funds a manner other than described in the (in current dollars) Agreement, or otherwise disposed of within: Up to five years after the Expiry Date 100% More than five years after the Expiry Date 0% H.2.2 Reinvestment. Notwithstanding the foregoing, if the Recipient disposes of any Asset, directly or indirectly, during the five year period noted in section H.2.1 (Repayment) and replaces it with an asset of equal or greater value, the Recipient may, in lieu of the Page 47 of 64 The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 261 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final repayment provided for in section H.2.1 (Repayment) consent, reinvest the proceeds from the disposal into the replacement asset. H.3.0 REVENUES FROM ASSETS H.3.1 Revenues. The Parties acknowledge that their contributions to the Project are meant to accrue to the public benefit. The Recipient will notify the Province in writing, within 90 days of the end of a Fiscal Year, if any Asset is used in a way that, in the Fiscal Year, revenues generated from the Asset exceed operating expenses. In such instance, the Province may require the Recipient to pay to the Province immediately a portion of the Asset. This obligation will apply only to the first five complete Fiscal Years following the Expiry Date. H.4.0 DEDUCTION FROM FINANCIAL ASSISTANCE H.4.1 Deduction by Province. The Province may deduct any amount of funds to be repaid by the Recipient under this from the financial assistance payable on any other current or future project(s) of the Recipient under any other provincial program(s). The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 48 of 64 Page 262 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final I ABORIGINAL CONSULTATION PROTOCOL I.1.0 DEFINITIONS I.1.1 Definitions. includes First Nation, Métis and Inuit communities or peoples of Canada. means the Aboriginal Consultation Plan described in section I.2.1 (Development of Plan). 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. I.2.0 ABORIGINAL CONSULTATION PLAN I.2.1 Development of Plan. The Province, based on the scope and nature of the Project or at the request of Canada, may require the Recipient to, in consultation with the Province or Canada, or both, develop and comply with an Aboriginal consultation plan (Aboriginal Consultation Plan. I.2.2 Procedural Aspects of Consultation. If consultation with an Aboriginal Communities is required, the Recipient agrees that: (a) the Province or Canada, or both, may delegate certain procedural aspects of the consultation to the Recipient; and (b) the Province or Canada, or both, provide the Recipient with an initial list of the communities the Recipient may consult. I.2.3 Provision of Plan to Province. If, pursuant to section I.2.1 (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. I.2.4 Changes to Plan. The Recipient agrees that the Province or Canadaor sole discretion and from time to time, may require the Recipient to make changes to the Aboriginal Consultation Plan. I.3.0 ABORIGINAL CONSULTATION RECORD The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 49 of 64 Page 263 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final I.3.1 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 section D.4.1 (Inclusion of Aboriginal Consultation Record). I.4.0 RESPONSIBILITIES OF THE RECIPIENT I.4.1 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 Recipient agrees that the Province or Canada, or both, may direct the Recipient to take such actions as the Province or Canada, or both, may require. The Recipient will comply with the Province's direction. I.4.2 Direction from the Province and Contracts. The Recipient will provide in any Contract for the Recipient's right and ability to respond to direction from the Province or Canada, or both, as the Province or Canada may provide in accordance with section I.4.1 (Notification to and Direction from the Province). The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 50 of 64 Page 264 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final J REQUESTS FOR PAYMENT AND PAYMENT PROCEDURES J.1.0 DEFINITION J.1.1 Definition. Procedures): means the final payment by the Province to the Recipient for each Sub- project as described in and to be paid in accordance with Article J.8.0 (Final Payment). J.2.0 PROCEDURES AND TIMING FOR REQUESTS FOR PAYMENT J.2.1 Procedures. The Recipient agrees that the procedures provided for in Article J.3.0 (Procedures for Requests for Payment for Eligible Expenditures) will apply to requests for payment the Recipient submits to the Province under the Agreement. J.1.2 Diligent and Timely Manner. The Recipient agrees to submit its requests for payment to the Province in a diligent and timely manner. J.3.0 PROCEDURES FOR REQUESTS FOR PAYMENT FOR ELIGIBLE EXPENDITURES J.3.1 Timing, Reports and Documents. The Recipient agrees to submit a Sub-project request for payment for Eligible Expenditures to the Province, at a minimum, semi-annually. The Recipient agrees to submit, for each of the circumstances listed below, the following reports and documents: (a) for each request for payment, including the Final Payment, a Request for Payment Form, using the form provided in Sub-1for Payment Form), fully and accurately completed; (b) for each request for payment, except for the Final Payment, a certification, using the form of certificate provided in Sub-schedule J.2 (Form of Certificate from Recipient), by an authorized senior official of the Recipient; (c) for each request for Final Payment, a Declaration of Sub-project Completion, using the form provided in Sub-schedule J.3 (Form of Declaration of Sub-project Completion), by an authorized senior official of the Recipient; (d) for each request for Final Payment for new and expansion Sub-projects, if applicable in the opinion of the Province, a certification, using the form of certificate provided in Sub-4Form of Certificate from Professional Engineer), by a professional engineer; (e) if the Province so requests, a copy of all documentation provided to the Recipient by The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 51 of 64 Page 265 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final the authorized senior official of the Recipient or professional engineer, or both, for the certification or declaration, as applicable, in paragraphs J.3.1 (b), (c) and (d); (f) for each request for payment, except for the Final Payment, a Progress Report and an Outcomes Progress Report, acceptable to the Province, for the period to which the request for payment relates; (g) for each request for Final Payment, a Final Progress Report and an Outcomes Progress Report, acceptable to the Province, for the period to which the request for payment relates; and (h) such other information as the Province may request. J.3.2 Submission of Documents and Reports. The reports and documents listed in section J.3.1 (Timing, Reports and Documents) shall be submitted to the Province at the following address: Clean Water and Wastewater Fund Infrastructure Ontario 1 Dundas Street West, Suite 2000 Toronto, Ontario M5G 1L5 Fax: 416-392-1906 Email: CWWF@infrastructureontario.ca J.4.0 PAYMENTS J.4.1 Payment by the Province. Subject to the Province receiving the necessary annual appropriation from the Ontario Legislature or funds from Canada, or both, upon receipt of a Payment and Payment Procedures), the Province will use its reasonable efforts to make a payment to the Recipient, if due and owing under the terms of the Agreement, in a timely manner. The Province will under no circumstances be liable for interest for failure to make a payment within the time limit provided for in this Article J.4.0 (Payments). J.5.0 TIME LIMITS FOR REQUESTS FOR PAYMENTS J.5.1 Timing. The Recipient will submit all requests for payment prior to March 31st, 2019. J.5.2 No Obligation for Payment. The Province will have no obligation to make any payment for st a request for payment submitted after September 31, 2019. J.6.0 FINAL RECONCILIATION AND ADJUSTMENTS J.6.1 Final Reconciliation and Adjustments. Following delivery of the completed Declaration of Sub-project Completion, confirming achievement of Sub-project Completion, and the The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 52 of 64 Page 266 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final Final Progress Report and final Outcomes Progress Report, the Parties will jointly carry out a final reconciliation of all requests for payments and payments in respect of the Sub- project and make any adjustments required in the circumstances. J.7.0 HOLDBACK J.7.1 Holdback. For each Sub-project, the Province may pay to the Recipient up to 90% of its contribution under the Agreement prior to final adjustments in accordance with Article J.6.0 (Final Reconciliation and Adjustments). Subject to paragraph A.4.1 (a), the remaining 10% of the Province and all adjustments are made in accordance with Article J.6.0 (Final Reconciliation and Adjustments), and in accordance with Article J.8.0 (Final Payment). J.8.0 FINAL PAYMENT J.8.1 Final Payment. Upon completion of the final reconciliation and all adjustments in accordance with Article J.6.0 (Final Reconciliation and Adjustments), the Province agrees, subject to the Recipient having met all other terms and conditions of the Agreement and paragraph A.4.2(c), to pay the Recipient the remainder of its contribution for the Sub-project together with the Holdback contemplated pursuant to Article J.7.0 (Holdback). The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 53 of 64 Page 267 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... 64 of 54 Page (ONTARIO) ) CWWF ( - TPA SUB REQUEST FOR PAYMENT FORM Infrastructure Ontario - TRANSFER PAYMENT AGREEMENT FORM OF REQUEST FOR PAYMENT FORM and Ontario CWWF CLEAN WATER AND WASTEWATER FUND Medonte - ro O of 1906 8856 - ship - 392 own 803 - T - 416 844 ean Water and Wastewater Fund Unique ID#: -- Cl1 Dundas Street West, Suite 2000Toronto, Ontario M5G 1L5CWWF@infrastructureontario.ca11 Project Claim #: Recipient Name: CLIENT PRIVILEGED & CONFIDENTIAL - Project Claim Amount: Period Covered by Claim: TO:Address:Attention:Email:Tel. No.Fax No. PROJECT INFORMATION: SOLICITOR Final The Corporation of the Page 268 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... --- Total $$$ ----- $$$$ $ Prov --- - Total Claims to Date Fed$$$ $ ---- - Prov $$$$ $ ---- Claim #6 Fed $$$$ ---- - 64 of $$$$ $ Prov 55 --- - Claim #5 Page Fed $$$ $ ----- Prov $$$$ $ --- - Claim #4 Fed $$$ $ Claim Information TPA ----- Prov $$$$ $ --- - Claim #3 Fed $$$ $ ----- and Ontario CWWF Prov $$$$ $ ---- Medonte - Claim #2 ro Fed O $$$$ of ----- Prov $$$$ $ ownship T ---- Claim #1 Fed $$$$ CLIENT PRIVILEGED & CONFIDENTIAL - 001002003 tal --- To - Unique Project ID Total CWWFCWWFCWWFSub SOLICITOR Final The Corporation of the Page 269 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final SUB-SCHEDULE J.2 FORM OF CERTIFICATE FROM RECIPIENT CLEAN WATER AND WASTEWATER (ONTARIO) TRANSFER PAYMENT AGREEMENT CERTIFICATE FROM RECIPIENT TO: Clean Water and Wastewater Fund - Infrastructure Ontario Address: 1 Dundas Street West, Suite 2000 Attention: Toronto, Ontario M5G 1L5 Email: CWWF@infrastructureontario.ca Tel. No. 1-844-803-8856 Fax No. 1-416-392-1906 PROJECT INFORMATION: Recipient Name: Unique ID#: Project Claim #: Project Claim Amount: Period Covered by Claim: I, \[insert Name\], the treasurer of \[insert Recipient Name\], hereby request that OILC make a disbursement to the \[insert Recipient Name\] in the principal sum of $XXX.XX, said principal sum as calculated using attached Sub-project claim/report forms, as authorized by the CWWF Transfer Payment Agreement entered into between Her Majesty the Queen in right of Ontario as represented by the Minister of Infrastructure, and the \[insert the legal name of the Recipient\] I, having made such inquiries as I deemed necessary for this certificate, hereby certify to the best of my knowledge, for and on behalf of the Recipient, on and as of the date set out below, as follows: a. all representations and warranties contained in Article A.2.0 (Representations, Agreement are true and correct; b. the Recipient is in compliance with all the terms and conditions of the Agreement, including, without limitations, its obligations under section A.33.1 (Special Conditions) of as described in the Agreement, has occurred and is continuing; Page 56 of 64 The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 270 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final c. if the Recipient has incurred a cost overrun for the Sub-project, it has funded the costs and is not asking for funds from the Province and has sufficient funds to complete the Sub-project in compliance with the Agreement; d. the Recipient has complied with all applicable provision of the Construction Lien Act (Ontario) and is not aware of any claims for lien under that Act; e. since the date of the last disbursement, if any, the Recipient has expended funds on the Sub-project(s), as noted on the attached claim/report forms, and all amounts entered on such forms have been incurred and are true and correct; f. all costs claimed have been accounted for in accordance with the Public Sector Accounting Standards in effect in Canada; g. the amount of the requested disbursement, when added to the aggregate amount of disbursements, if any, in respect of the Eligible Expenditures related to each approved Sub-project, does not exceed the allocated federal and provincial portions of the grant for that eligible Sub-project; h. the proceeds of the requested disbursement will be applied to one or more of the Sub-project(s) in accordance with the Sub-project budget and will not be applied to any other purposes; i. the Sub-project(s) to which these funds will be applied have been procured in accordance with the principle of open, fair and transparent and provides value for money; j. all records (including but not limited to contracts, invoices, statements, receipts, vouchers) are being retained in accordance with the requirements of the Agreement; and k. the Recipient has complied, or with the acknowledgment of the Province is complying, with respect to Duty to Consult with respect to project(s) identified by the Province. Recipient Financial Delegated Authority FROM: Address: Attention: Email: Tel. No. Fax. No. ___________________________________ Signature Date The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 57 of 64 Page 271 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 58 of 64 Page 272 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final SUB-SCHEDULE J.3 FORM OF DECLARATION OF SUB-PROJECT COMPLETION CLEAN WATER AND WASTEWATER FUND (ONTARIO) TRANSFER PAYMENT AGREEMENT DECLARATION OF SUB-PROJECT COMPLETION TO: Attention: Clean Water and Wastewater Fund - Infrastructure Ontario Email: CWWF@infrastructureontario.ca Telephone No.: 1-844-803-8856 Facsimile No.: 1-416-392-1906 FROM: \[insert address of the authorized representative\] Attention: \[insert name and title of the Recipient representative\] Email: authorized representative\] Telephone No.: \[insert telephone number of the Recipient authorized representative\] Facsimile No.: \[insert facsimile number of the Recipient authorized representative\] RE: Clean Water and Wastewater Fund (Ontario) Transfer Payment Agreement Sub-project \[insert the Sub-project unique ID and title\] In the matter of the Clean Water and Wastewater Fund (Ontario) Transfer Payment Agreement entered into between Her Majesty the Queen in right of Ontario as represented by the Minister of Infrastructure, and the \[insert the legal name of the Recipient\] The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 59 of 64 Page 273 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final I, ____________________ \[insert name and title of the Recipient representative\], having made such inquiries as I have deemed necessary for this certificate, hereby certify that to the best of my knowledge, information and belief: 1. On and as of the date set out below: a. all representations and warranties contained in Article A.2.0 (Representations, Warranties and Covenants) of the Agreement are true and correct; b. the Recipient is in compliance with all the terms and conditions of the Agreement, including, without limitations, its obligations under section A.33.1 (Special Conditions) of and no Event of Default, as described in the Agreement, has occurred and is continuing; c. if the Recipient has incurred a cost overrun for the Sub-project, it has funded the costs and is not asking for funds from the Province and has sufficient funds to complete the Sub-project in compliance with the Agreement; d. the Recipient has complied with all applicable provision of the Construction Lien Act (Ontario) and is not aware of any claims for lien under that Act; e. the work for the Sub-project \[insert the Sub-project unique ID and title\]: i. has reached Sub-project Completion, as defined in the Agreement, on the _______ Sub-project Completion Date; ii. was carried out by ___________________ \[insert the name of the prime contractor\], between ___________________ \[insert the start date\] and ___________________ \[insert the Sub-project Completion Date\]; iii. was supervised and inspected by qualified staff; iv. conforms with the plans, specifications and other documentation for the work; v. conforms with applicable Environmental Laws, as defined in the Agreement, and appropriate mitigation measures have been implemented; vi. Program Funding Request) to the Agreement, except as the Province has otherwise approved in advance and in writing; and The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 60 of 64 Page 274 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final vii. conforms with the requirements provided for in paragraph A.4 (General Terms and Conditions) to the Agreement to comply with industry standards. 2. Attached is the Request for Payment Form, which is true and accurate, and relates to costs on account of the Sub-project. 3. The Funds will only and entirely be used for Eligible Expenditures that have been incurred by the Recipient in accordance with the Agreement. 4. The value of substantially completed work on the Sub-project is ___________________ \[insert the amount in Canadian dollars\]. The Recipient hereby requests a payment in the amount of $ __________ on account of the contribution towards the Eligible Expenditures of the Sub-project \[insert the Sub- project unique ID and title\]. Declared at _____________ (municipality), in the Province of Ontario, this _________ day of ______________, 20_____. (Signatures) _____________________________ ______________________________ Name: Witness Name: Title: Title: I have authority to bind the Recipient The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 61 of 64 Page 275 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final SUB-4 FORM OF CERTIFICATE FROM PROFESSIONAL ENGINEER CLEAN WATER AND WASTEWATER FUND (ONTARIO) TRANSFER PAYMENT AGREEMENT CERTIFICATE FROM PROFESSIONAL ENGINEER TO: Attention: Clean Water and Wastewater Fund - Infrastructure Ontario Email: CWWF@infrastructureontario.ca Telephone No.: 1-844-803-8856 Facsimile No.: 1-416-392-1906 FROM: \[insert the address of the professional engineer\] Attention: \[insert the name and title of the professional engineer\] Email: \[insert the email address of the professional engineer\] Telephone No.: \[insert the telephone number of the professional engineer\] Facsimile: \[insert the facsimile number of professional engineer\] RE: Clean Water and Wastewater Fund (Ontario) Transfer Payment Agreement Sub-project \[insert the Sub-project unique ID and title\] In the matter of the Clean Water and Wastewater Fund (Ontario) Transfer Payment Agreement entered into between Her Majesty the Queen in right of Ontario as represented by the Minister of Infrastructure, and the \[insert the name of the Recipient\] I, ____________________ \[insert the name and title of the professional engineer\], a professional engineer duly licensed in the Province of Ontario, having made such inquiries as I The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 62 of 64 Page 276 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final 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. the work for the Sub-project \[insert the Sub-project unique ID and title\]: a. was carried out by \[insert the name of the prime contractor\], between \[insert the start date\] and ________________ \[insert the Sub-project Completion Date\]; b. was supervised and inspected by qualified staff; c. conforms with the plans, specifications and other documentation for the work; d. conforms with applicable Environmental Laws, as defined in the Agreement, and appropriate mitigation measures have been implemented; e. has reached Sub-project Completion, as defined in the Agreement, on \[insert the date\] (the Sub-project Completio f. Program Funding Request) to the Agreement, except as the Province has otherwise approved in advance and in writing; g. conforms with the requirements provided for in paragraph A.4. (General Terms and Conditions) to the Agreement to comply with industry standards; and h. if the Sub-project is a new or expansion project, can be completed by March 31, 2018, or by March 31, 2019 where pre-approval has been provided by the Province and Canada. Declared at ____________ (municipality/LSB/First Nations), in the Province of Ontario, this _________ day of ______________, 20_____. (Signatures) _____________________________ __________________________ __ Name: Witness Name: Title: Title: The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 63 of 64 Page 277 of 352 12.p) Robin Dunn, CAO re: Clean Water and Wastewater Fund (O... SOLICITOR-CLIENT PRIVILEGED & CONFIDENTIAL Final K FORM OF CLEAN WATER AND WASTEWATER FUND (CWWF) ATTESTATION FORM \[insert the name of the authorized senior official of the Recipient\] \[insert the name of the Recipient\] \[insert the address of the Recipient\] I, \[insert name\], attest that: 1. Federal funding will support only Eligible Expenditures and that the Projects on the Project List meet the provisions as specified in the Bilateral Agreement. 2. Project Incrementality has been met when one of the following conditions has been met: i) The project would not otherwise have taken place in 2016-17 or 2017-18; and/or ii) The project would not have been undertaken without federal funding. budgets where projects require additional funding to proceed and/or accelerate. 3. My community owns the drinking water, wastewater or stormwater infrastructure asset presented in the Project List (municipalities and Local Services Boards only); or My community has care and control over the drinking water, wastewater or stormwater infrastructure asset presented in the Project List (Indigenous communities only). 4. The proposed project is a priority or contained within my comprehensive asset management plan (municipalities only). My asset management plan can be found online here: ______________ (link to plan). Please describe how the project(s) will be consistent with or is part of your municipal asset management plan: ______________. Dated, this \[insert date\]. _______________________ Signature \[insert name\] The Corporation of the Township of Oro-Medonte and Ontario CWWF TPA Page 64 of 64 Page 278 of 352 12.q) Robin Dunn, CAO re: Request to Change September 27, 20... Page 279 of 352 13.b) Mayor H.S. Hughes, correspondence dated July 14, 2017 ... Page 280 of 352 13.c) Mayor H.S. Hughes, correspondence dated June 22, 2017 ... Page 281 of 352 13.c) Mayor H.S. Hughes, correspondence dated June 22, 2017 ... Cvzjoh!DTD!Dfsujgjfe!Bhhsfhbuft Dpoufout Qh/!2 Cbdlhspvoe Qh/!3 Xiz!qsfgfs!DTD!Dfsujgjfe!bhhsfhbuft@ Qh/!4 Bqqspbdift!gps!qsfgfssjoh!DTD!Dfsujgjfe!bhhsfhbuft Qh/!5 Fybnqmf!sftpmvujpot!boe!dpnnjunfout Upspoup!boe!Sfhjpo!Sftpmvujpo!boe!tvqqpsujoh!sfqpsu!pggfsjoh!dfsujgjfe!Qh/!5 Dpotfswbujpo!Bvuipsjuz bhhsfhbuf!qspevdfst!b!dpnqfujujwf!bewboubhf!evsjoh! ufoefsjoh Sfhjpo!pg!Xbufsmpp Sfqpsu!bddpnqbozjoh!bo!bqqspwfe!npujpo!cz!uif!Qh/!21 Sfhjpo!pg!Xbufsmpp!up!fodpvsbhf!mpdbm!bhhsfhbuf! qspevdfst!up!qvstvf!dfsujgjdbujpo! 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Voujm!uif!bewfou!pg!uif!Dpsofstupof!Tuboebset!Dpvodjm!)DTD*- bhhsfhbuft!xfsf!uif!pomz! nbufsjbm!jo!upebzÉt!cvjmu!fowjsponfou!tvqqmz.dibjo!mbdljoh!b!dsfejcmf!dipjdf!up!sfevdf!jut! fowjsponfoubm!gppuqsjou/!Opx qvcmjd!boe!qsjwbuf!cvzfst!dbo!sfmz!po!b!uijse.qbsuz-! dsfejcmf- dfsujgjdbujpo!tztufn!up fodpvsbhf boe!jodfou!sftqpotjcmf!bhhsfhbuf!qsbdujdft! jo!uifjs!sfhjpo/ DTD!ibt!uxp!bhhsfhbuf!pqfsbujpot!dfsujgjfe-!DSI!DbobebÉt!Bdupo!Rvbssz!boe!Mbgbshf! DbobebÉt!Psp!Qju P xjui b!gvsuifs!gpvs boujdjqbufe!cz!Kbovbsz!3129 P boe!dbo!opx xpsl! xjui!bhhsfhbuf!cvzfst!up!efwfmpq!qsfgfsfoujbm!qspdvsfnfou!qpmjdjft!boe!dpoevdu!qjmpu! qvsdibtft/! :631 Qjof Wbmmfz Es/ Wbvhibo- PO M5M 2B7 qipof; 758.994.382: fnbjm; dpnnfoutAdpsofstupoftuboebset/db xxx/dpsofstupoftuboebset/db Page 282 of 352 13.c) Mayor H.S. Hughes, correspondence dated June 22, 2017 ... Xiz!qsfgfs!DTD!Dfsujgjfe!bhhsfhbuft@ Dpsofstupof!Tuboebset!DpvodjmÉt!wpmvoubsz!dfsujgjdbujpo!qspwjeft!bhhsfhbuf!pqfsbupst! xjui!b!nfbot!up!ejggfsfoujbuf!uifjs!sftqpotjcmf!pqfsbujpot gspn!puifstÉ/!Cz!epjoh!tp-! 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Foibodfe!obuvsbm!ifsjubhf!tztufnt;!DTD!sfrvjsft!uibu!ofx!bhhsfhbuf!pqfsbujpot! tffljoh!dfsujgjdbujpo xpsl!xjui!dpotfswbujpo!bvuipsjujft-!nvojdjqbmjujft!boe!puifs! joufsftufe!qbsujft!up!fotvsf!uibu!obuvsbm!ifsjubhf!tztufnt!bsf!foibodfe!uispvhi! sfibcjmjubujpo!boe!pggtfuujoh/!! :631 Qjof Wbmmfz Es/ Wbvhibo- PO M5M 2B7 qipof; 758.994.382: fnbjm; dpnnfoutAdpsofstupoftuboebset/db xxx/dpsofstupoftuboebset/db Page 283 of 352 13.c) Mayor H.S. Hughes, correspondence dated June 22, 2017 ... 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Uijt!qpmjdz qsfgfst!DTD!Dfsujgjfe!bhhsfhbuf!bu!vq!up!6&!qsjdf!ejggfsfodf!gps!qspkfdut! voefs!211-111!upooft!cvu!bmtp!fotvsft!uibu!op!pof!dpnqboz!xjmm!ibwf!b!npopqpmz! cz!pomz!gpsnbmmz!bepqujoh!uijt qsfgfsfodf!podf!gjwf!mpdbm!bhhsfhbuf!tvqqmjfst!ibwf! cffo!dfsujgjfe/!Voujm!uifo-!USDB!xjmm!jogpsnbmmz!hjwf!qsfgfsfodf!up!wfoepst!tvqqmzjoh! bhhsfhbuf!gspn!dfsujgjfe!rvbssjft!cz!qspwjejoh!uijt!jogpsnbujpo!up!tubgg!boe!ejsfdujoh! uifn!up!qspdvsf!bhhsfhbuf!nbufsjbm!gspn uiftf!wfoepst!xifsf!gfbtjcmf/!Tubgg!xjmm! npojups!uijt!qspdftt!boe!sfqpsu!up!uif!Bvuipsjuz!xjui!b!sfwjfx!pg!uif!qpmjdz!jo!4! zfbst/ c* Qvsdibtjoh!Qpmjdz Bnfoenfout B!nvojdjqbmjuz!nbz!bmtp!dipptf!up!bnfoe!bo!fyjtujoh!qvsdibtjoh!qpmjdz!joejdbujoh! qbsbnfufst!gps!qspdvsfnfou!)f/h/!uibu DTD!bhhsfhbuft!cf!qsfgfssfe!jg!dptu!boe! bwbjmbcjmjuz!bsf frvbm*/!Qpttjcmf!mbohvbhf!up!jodpsqpsbuf!joup!bo!fyjtujoh!qpmjdz!xpvme! cf;! ==Nvojdjqbmjuz??!jt!dpnnjuufe!up!sftqpotjcmf!qsbdujdft!boe!xjmm!tqfdjgz!qsfgfsfodf! gps!bhhsfhbuf!nbufsjbmt!uibu!ibwf!cffo!fyusbdufe!jo!b!tpdjbmmz!boe!fowjsponfoubmmz! sftqpotjcmf!nboofs/!Xifsf!dptu!boe!bwbjmbcjmjuz!bsf!frvjwbmfou!==Nvojdjqbmjuz?? xjmm! qsfgfs!uif!qvsdibtf!pg!bhhsfhbuf!nbufsjbmt!dfsujgjfe!cz!uif!Dpsofstupof!Tuboebset! Dpvodjm!)DTD*/ d* Ejsfdujpo!up!Efqbsunfou!Ifbet Zpvs!nvojdjqbmjuz!nbz!bmtp!dipptf up!jogpsn!uif!UpxoÉt!Efqbsunfou!IfbeÉt!pg! dpvodjmÉt!qsfgfsfodf!gps!dfsujgjfe!bhhsfhbuf!nbufsjbmt!boe!ejsfdu!uifn!up!jodmvef!DTD! Dfsujgjdbujpo!bt!b!gbdups!jogmvfodjoh!uif!qvsdibtjoh!efdjtjpo!gps!cjet!sfrvjsjoh! bhhsfhbuf!nbufsjbmt/ :631 Qjof Wbmmfz Es/ Wbvhibo- PO M5M 2B7 qipof; 758.994.382: fnbjm; dpnnfoutAdpsofstupoftuboebset/db xxx/dpsofstupoftuboebset/db Page 284 of 352 13.d) Councillor Jermey, correspondence dated July 19, 2017 ... Page 285 of 352 13.e) Councillor Jermey, re: Ontario Ministry of Agriculture... Page 286 of 352 13.e) Councillor Jermey, re: Ontario Ministry of Agriculture... Page 287 of 352 13.e) Councillor Jermey, re: Ontario Ministry of Agriculture... Page 288 of 352 13.e) Councillor Jermey, re: Ontario Ministry of Agriculture... Page 289 of 352 13.f) Councillor Hall re: Airbnb's. Page 290 of 352 14.a) Announcements of Interest to the Public: Ride on at R... Page 291 of 352 14.a) Announcements of Interest to the Public: Ride on at R... Labour Day Holiday Office Closure Page 292 of 352 14.a) Announcements of Interest to the Public: Ride on at R... Page 293 of 352 14.b) Severn Sound Environmental Association re: April 13, 2... SEVERN SOUND ENVIRONMENTAL ASSOCIATION JOINT MUNICIPAL SERVICES BOARD 2017 FIRST QUARTERLY MEETING APRIL 13, 2017 9:00 AM Approved Minutes Present Councillor Pat File Town of Midland Councillor Rob Kloostra City of Orillia Councillor Mike Lauder Town of Penetanguishene Councillor Ron Stevens SSEA Chair/Township of Severn Deputy Mayor Dave Ritchie Township of Tay Deputy Mayor Steffen Walma Township of Tiny Councillor Paul Wiancko Township of Georgian Bay Julie Cayley SSEA General Manager Gail Marchildon SSEA Office Manager Regrets Councillor Barb Coutanche Township of Oro-Medonte Councillor Perry Ritchie Township of Springwater Keith Sherman SSEA RMO/Special Projects Officer 1. WELCOME & CALL TO ORDER Chair Steffen Walma opened the meeting at 9:00 A.M. 2. ADOPT AGENDA: Moved by: Mike Lauder Seconded by: David Ritchie Motion: To approve the agenda, for the First Quarterly SSEA Joint Services Board with the following amendments; remove from the agenda reports 9.4, 9.5, 9.6 and 9.7., add to the agenda under other business; 12.2 Quarterly Report, 12.3 summer students and electric cars. Carried. 3. DECLARATION OF PECUNIARY INTEREST None declared. 4. APPROVAL OF PAST MINUTES Moved by: Ron Steven Seconded by: David Ritchie Motion: 2 Page 294 of 352 14.b) Severn Sound Environmental Association re: April 13, 2... That the minutes of the Fourth Quarterly SSEA Joint Services Board meeting held on January 19, 2017, be received and approved. Carried. 5. UPDATE FROM SSEA LEAD ENVIRONMENTAL TECHNICIAN, CARL LESPERANCE Moved by: Rob Kloostra Seconded by: Paul Wiancko Motion: That the SSEA first quarterly activity report update presented by Carl Lesperance, Lead Environmental Technician, be accepted for information.. Carried. 6. SUSPEND THE SSEA MEETING TO ALLOW THE SEVERN SOUND SOURCE PROTECTION AUTHORITY MEETING Moved by: Mike Lauder Seconded by: Paul Wiancko Motion: To suspend the SSEA Meeting to allow the Severn Sound Source Protection Authority meeting to proceed at 9:20 a.m. Carried 7. SEVERN SOUND SOURCE PROTECTION AUTHORITY MEETING 8. RECONVENE THE SSEA QUARTERLY MEETING Moved by: Pat File Seconded by: Mike Lauder Motion: To reconvene the SSEA Board meeting at 9:50 a.m. Carried. 9. FIRST QUARTER FINANCIAL REPORTS FOR 2017 9.1 2017 BUDGET UPDATE Moved by: David Ritchie Seconded by: Rob Kloostra Motion: To accept and approve (9.1) the second draft 2017 Annual Budget as the final 2017 budget. Carried 9.2 FIRST QUARTERLY REPORTS &3 Moved by: Ron Stevens Seconded by: Paul Wiancko Motion: 3 Page 295 of 352 14.b) Severn Sound Environmental Association re: April 13, 2... That the (9.2) First Quarterly SSEA Financial Report and the (9.3) Draft information only. Carried 10. INVASIVE SPECIES PILOT PROGRAM UPDATE FROM JULIE CAYLEY the pilot; Tiny, Severn, Tay and Midland. Julie was still hopeful that Penetanguishene would also decide to join. Moved by: Ron Stevens Seconded by: David Ritchie Motion: That the verbal update on the Invasive Species Pilot Program presented by Julie Cayley, SSEA General Manager, be accepted for information. Carried 11. RISK MANAGEMENT REPORT FROM KEITH SHERMAN, SSEA RMO/SPECIAL PROJECTS OFFICER Moved by: Rob Kloostra Seconded by: Pat File Motion: That the Risk Management Report from Keith Sherman be deferred until the next board meeting. Carried 12.1 EXECUTIVE COMMITTEE UPDATE Moved by: David Ritchie Seconded by: Ron Stevens Motion: That the the SSS with the SSEA and, direct staff to work with the SSEA Board Executive Committee to develop a merger proposal for report back to the SSEA Board. Carried 12.2 SSEA STRATEGIC PLAN Moved by: Ron Stevens Seconded by: Mike Lauder Motion: That the SSEA staff be directed to develop a renewed Strategic Plan with the SSEA Board Executive Committee. Carried 13. SSEA BOARD MEETINGS Moved by: Rob Kloostra Seconded by: David Ritchie Motion: 4 Page 296 of 352 14.b) Severn Sound Environmental Association re: April 13, 2... That the SSEA Board consider at the July meeting, a change from quarterly meetings to bi-monthly. Carried 14. ADJOURNMENT Moved by: David Ritchie Seconded by: Rob Kloostra Motion: To adjourn the First Quarterly SSEA Joint Services Board meeting at 12:20 P.M. Carried. The Second Quarterly SSEA Joint Service Board meeting will be on Thursday th July13, 2017 at 9:00 AM. SIGNED SIGNED ______________________________ _____________________________ Julie Cayley, SSEA General Manager Steffen Walma, SSEA Chair 5 Page 297 of 352 14.b) Severn Sound Environmental Association re: April 13, 2... 0 Severn Sound Environmental Association (SSEA) nd Quarter (April 1- June 30) Report/Update 2017 2 Financial Donations,Grants,Budget,andRevenue Grants Successfully secured Grants from: Simcoe County Grant for Strategic Plan renewal Canada Summer Jobs grant for Climate Change (CC) Field Technicians Budget Severn, Tay, Tiny and Midland approved funding ($36,000 total) for 2017 SSEA invasive species pilot project Cost Recovery Responded to consultant (1) and solicitor (2) inquiries Administration,Staffing,Training,andVolunteers Administration Actively looking for new SSEA office space (2 sites visited) Renewed Strategic Plan process underway 1 Board of Directors meeting and 1 Board executive meeting 3 Sustainable Severn Sound Board Meetings attended Staffing Team SSEA Q2 Full Time = 8 Part Time = 2 Interns = 1 Summer Students = 2 CC Technicians Hired SSEA Staff and the 2017 Open House 1 Page 298 of 352 14.b) Severn Sound Environmental Association re: April 13, 2... VolunteersThank you for your help! 465 volunteers contributed nearly 900 hours to spring tree planting Karlene Tuininga - mapping of invasive species Kayla Berger - sorting stream invertebrates, data entry, field work Student volunteer counting and identifying invertebrates Education,Engagement,Outreach Presentations,Articles,Media,SchoolInvolvement,andEvents Education/Citizen Science Trained citizen scientists Copeland Forest Friends Association (CFFA) on water sampling techniques Lead 2 stream habitat assessment programs at Wildfire Education Centre Presentations Staff attended and presented (oral and poster) at the 2017 International Association for Great Lakes Research (IAGLR) Conference in Detroit Algae trends in Honey Harbour at 50 Shades of Green All About Algae Symposium (Port Carling Community Centre) - Muskoka Watershed Council (all talks available online) Yellow Fish Road presentation to Coldwater Scouts SSEA Water Scientist, Aisha Chiandet, at Articles/Publications/News SSEA poster submission at IAGLR Draft SSEA 2016 annual report 2 invasive species articles published in the Tay Report Newspaper Tiny Bog Wetland Evaluation Final Report Feature story Pilot program educates Midland- area residents about invasive species in the Midland Mirror online (June 8, 2017) Quoted in Township of Tay Press Release regarding Mayor Warnocks election to Great Lakes and St. Lawrence Cities Initiative Board Draft Deanlea Beach Investigation completed Comments submitted to Town of Midland: The potential use of aquatic plant management strategies offered by Weeds B Gone DRAFT 2016 Annual Report Cover Red Eft 2 Page 299 of 352 14.b) Severn Sound Environmental Association re: April 13, 2... Events Great Lakes and St. Lawrence Cities Initiative (GLSLCI) - Thank you, Township of Tiny, for supporting the SSEA GM attendance Presentation to Bass Lake Ratepayers Association AGM June 3, 2017 SSEA Open House June 22, 2017, Wyebridge Community Centre o SSEA Displays and Gord Miller keynote Councillor Gibb Wishart (Township of Tiny), talkAdapting to the Realities of a Julie Cayley SSEA GM, Mayor Sandra Cooper (Town of Collingwood), Deputy Mayor Anit Changing Environment Dubeau (Town of Penetanguishene), Mayor o Thank you event sponsors Grounded Scott Warnock (Township of Tay) Coffee & Township of Tiny Invasive species presentations to 7 tree planting groups Displays at: Tiny Town Hall Meeting; Coldwater Duck Race; Midland Kids fishing derby; Tay Bike Day TreePlanting PlantingandDistribution Community Tree Planting 9 community tree plants at 6 sites (2 each in Midland, Tay and Severn) April 25 to May 4 SSEA Open House - Gord Miller keynote o 7 School Tree Plants, Scout Tree Plant & SSEA staff/volunteer tree plant 5,100 native tree and shrub seedlings planted Seedling cost ($4,495) covered by a County of Simcoe Forestry department grant Tree Distribution Participating landowners from all 9 municipalities Municipal staff/council and volunteers assisted with sorting & packaging tree orders 188 participants planted 8,690 native trees and shrubs SSEA booth at Midland Fishing Derby SSEA staff and volunteer tree plant 3 Page 300 of 352 14.b) Severn Sound Environmental Association re: April 13, 2... FishandWildlifeHabitat/NaturalHeritage NaturalHeritageAssessments,InvasiveSpecies,Wetlands,Habitat,andStewardship Penetanguishene Natural Heritage Project Presented to Penetanguishene Planning Committee and senior staff Submitted final report to Town and reviewed draft Official Plan policies Wetland Evaluations Tiny Bog Evaluation accepted by province as Provincially Significant Wetland Tay Bog/Gratrix Wetlands o Spring field work completed, documented plants/wildlife, mapping and scoring wetland is underway Invasive Species Pilot Project Gathered invasive species sightings data and consolidated into a spreadsheet for mapping and submitting to EDDMapS Ontario Worked with Tiffin Homeowners Association (& inmates from Beaver Creek Institution in Gravenhurst) to remove invasive Phragmites around Tiffin Pond, Town of Midland Installed 5 invasive species monitoring pads in Artificial substrate pads used to determine Little Lake to determine the extent of zebra zebra mussel colonization mussel establishment Tiny Marsh Garlic Mustard Pull - Removed garlic mustard and provided education to volunteers Produced and distributed invasive species posters and information to Townships of Tay, Tiny and Severn, and Town of Midland Created invasive species factsheets and attached to tree distribution bags Invasive species poster highlighting Bagged Garlic Mustard (Alliaria petiolata) pecies of concern some s pulled in Tiny Marsh that was hand- 4 Page 301 of 352 14.b) Severn Sound Environmental Association re: April 13, 2... LandUsePlanning InputandReview Natural Heritage Reviews Township of Tiny Site visit (1) Commented on: o 3 proposed Terms of Reference for Environmental Impact Studies o 1 compensation tree plant project in Tay o 2 Minor Variances in Tay Attended Cnty Rd. 93 Class EA SourceWaterProtection Education&Outreach,RiskManagement Education & Outreach Education & Outreach packages delivered to all Severn Sound area municipalities Risk Management Justine Lunt appointed as Risk Management Inspector for the Township of Severn Annual reporting of 2016 Risk Management Services provided to Tay, Midland, Georgian Bay, Muskoka, Penetanguishene, Severn and Oro-Medonte, Tiny. Continued threat verification for 2017 Committees/Meetings Attended and Chaired Regional Administrative Meetings Presented SWP annual report update to Town of Penetanguishene Council MonitoringPrograms Field/DataCollection:PGMN,PWQMN/Tributaries,SevernSoundOpenWater,Inland Lakes,StreamTemperature,andClimate Highlights SSEA Staff working with Town of Midland and Canadian Hydrographic Service on Midland water level gauge improvements Ontario Geological Survey installing 15 bore holes in Severn Sound to characterize regional geology, 8 will be fitted as groundwater monitoring wells Open Water (Penetang Harbour to Honey Harbour) Sampling started - North Bay (Honey Harbour) April 18 5 full open water sampling runs o Water temperature, dissolved oxygen, pH, turbidity, Open water sampling metals, conductivity, water chemistry, algae & zooplankton 5 Page 302 of 352 14.b) Severn Sound Environmental Association re: April 13, 2... Tay Area Water Intake: 6 sampling runs o Basic water chemistry, nutrients, metals, & algae Inland lakes 4 inland lake runs in Little Lake (Midland) Open water sampling equipment o Temperature, dissolved oxygen, pH, turbidity, conductivity, water chemistry, algae, zooplankton,& water levels Provincial Water Quality Monitoring Network (PWQMN) 3 sampling runs Provincial Groundwater Monitoring Network (PGMN) Water levels & data download at 13 wells Nitrate Sampling Lafontaine Source Water Issue Contributing Area Student volunteer collecting stream water samples to gain work experience Collected nitrate samples from two locations along Lafontaine Creek Climate Installed air temperature loggers at Huronia Airport and Midland Sewage Treatment Plant Installed rain gauges at Huronia Airport, Midland Sewage Treatment Plant, Pinegrove, and Balm Beach Intensive Thermal Stability Survey o North River - 477 stream sections surveyed in Township of Severn Balm Beach rain gauge installation o Coldwater River - 64 stream sections surveyed (Copeland Forest Township of Oro- Medonte) o Recorded water temperature, pH, conductivity, sediment type, flow conditions and GPS location 73 Temperature Loggers installed o 25 across SSEA watershed area, 4 in Awenda Provincial Park o 39 - North River watershed Township of Severn o 9 - Coldwater River watershed Copeland Forest Installing temperature logger 6 Page 303 of 352 14.b) Severn Sound Environmental Association re: April 13, 2... DataAnalysis Statistics, Data Management & Analysis, Stream Invertebrates, and GIS/Mapping Water Quality Data and Analysis Compilation of 2016/17 data including: ice observation data; algae pigment for North Bay and South Bay; Georgian Bay water levels & local climate data Updated stream discharge database for stations in Severn Sound watershed All 2016 algae data received and preliminary data analyses completed Analysis of trends in climate and water quality variables in Severn Sound Preliminary water quality trend analysis for Farlain, Little and MacLean lakes Stream Invertebrate Identification 100 samples with a total of 6,592 stream invertebrates identified Processed Wye River and Coldwater River samples GIS/Mapping Coastal aquatic habitat o Mapping, Evaluating, and Predicting Changes in Coastal Margin Aquatic Habitat in Severn Sound and Southeastern Georgian Bay Draft Synthesis Report by U. of Windsor, SSEA and Dept. of Fisheries and Oceans o Submitted final project reporting to Environment Canada o Presented overview material to project partners to identify fish habitat work and needs for the future o Met with Parks Canada for project update and potential for collaboration Agricultural Data Use & Transparency meeting (Hosted by Ag Data Transparent, Ontario Federation of Agriculture & Ontario Precision Agri-Food) Partnerships New/UpdatedNGOPartnersandMOU_s Water sampling Citizen Science water quality sampling field training provided for Copeland Forest Friends Association & Couchiching Conservancy Citizen science in Copeland Forest with CFFA Members and SSEA Staff 7 Page 304 of 352 14.b) Severn Sound Environmental Association re: April 13, 2... Thank you from the SSEA Team Julie Cayley - General Manager Paula Madill - Ecosystem Technologist Michelle Hudolin - Wetlands and Habitat Biologist Keith Sherman - Risk Management Official/SpecialProjects Officer Gail Marchildon - Office Manager Justine Lunt - Risk Management/ Lex McPhail - IT Manager/GIS Data Management Technician Applications Specialist Robyn Rumney - Invasive Species Melissa Carruthers - Data Intern Management Technician/Risk Management Inspector Anna McClymont - Climate Change Technician Carl Lesperance - Lead Environmental Monitoring Technician Reilley Plue - Climate Change Technician Aisha Chiandet - Water Scientist ContactInformation For copies of reports and/or links to information contact SSEA at: Mailing Address: 67 Fourth St. Midland, ON L4R 3S9 Phone Number: (705) 527-5166 General Email: sseainfo@midland.ca Website:www.severnsound.ca Twitter:@SSEA_SSRAP Disclaimer: TWITTER, TWEET, RETWEET and the Twitter logo are trademarks of Twitter, Inc. or its affiliates. 8 Page 305 of 352 14.b) Severn Sound Environmental Association re: April 13, 2... MOU SEVERN SOUND ENVIRONMENTAL ASSOCIATION JOINT MUNICIPAL SERVICES BOARD FIRST QUARTERLY MEETING July 13, 2017 9:00 AM List of Motions 2. Adopt the Agenda Moved by: David Ritchie Seconded by: Paul Wiancko Motion: To approve the agenda, for the Second Quarterly SSEA Joint Services Board with the following amendment; to add vehicles under other business Carried. 4. Approval of the First Quarterly Minutes from April 13, 2017 Moved by: Barb Coutanche Seconded by: Rob Kloostra Motion: That the minutes of the First Quarterly SSEA Joint Services Board meeting held on April 13, 2017, be received and approved. Carried. 5. Update from SSEA staff members; SSEA Invasive Species Intern, Robyn Rumney, Anastasia McClymont and Reilley Plue, SSEA Summer Students Moved by: Mike Lauder Seconded by: Pat File Motion: That the SSEA Second Quarter activity report update presented by SSEA Invasive Species Intern, Robyn Rumney, Anastasia McClymont and Reilley Plue, be accepted for information. Carried. 6. Second Quarter Financial reports for 2017 6.1 Second Quarterly SSEA Financial Report Moved by: Rob Kloostra Seconded by: David Ritchie Motion: That the (6.1) Second Quarterly SSEA Financial Report be accepted for information only. Carried. 2 Page 306 of 352 14.b) Severn Sound Environmental Association re: April 13, 2... 7. Second Quarter Report - Julie Cayley Moved by: Barb Coutanche Seconded by: Mike Lauder Motion: That the Second Quarter report presented by Julie Cayley be accepted for information. Carried. 8. Risk Management Report - Keith Sherman Moved by: Paul Wiancko Seconded by: Pat File Motion: That the verbal Risk Management Report presented by Keith Sherman be accepted for information. Carried. 9.1 Executive Committee Update 1) SSEA Strategic Plan Moved by: Dave Ritchie Seconded by: Paul Wiancko It is RECOMMENDED THAT Staff Report 07-17 regarding the SSEA A Status update be received for information and to move forward with the SSEA Staff preparing the ground work with the Executive Committee as discussed. Carried. . 10. Adjournment Moved by: Mike Lauder Seconded by: Pat File Motion: To adjourn the Second Quarterly SSEA Joint Services Board meeting at 11:50 A.M. Carried 3 Page 307 of 352 14.c) Minutes of Sustainable Severn Sound, Sustainability Co... Sustainability Committee (SC) Approved Minutes Date Thursday, June 8, 2017 Time 10am-12pm Location North Simcoe Community Futures Development Corporation), 105 Fourth Street, Midland Attendance Chris McLaughlin, General Manager, NSCFDC (Alternate Chair) Councillor Barbara Coutanche, Township of Oro-Medonte Councillor Jack Contin, Town of Midland Councillor Ron Stevens, Township of Severn Councillor Jonathan Main, Town of Midland Councillor Mike Lauder, Town of Penentanguishene Councillor Cate Root, Township of Tay Julie Cayley, General Manager, Severn Sound Environmental Association Marina Whelan, Program Manager, Health Protection Service, Simcoe Muskoka District Health Unit Tracy Roxborough, Sustainability Coordinator, Sustainable Severn Sound Regrets Andrea Betty, Director of Planning and Community Development, Town of Penentanguishene Deputy Mayor Steffen Walma, Township of Tiny, County of Simcoe representative Doug Luker, CAO, Township of Tiny (Chair) Gail Marchildon, Office Manager, Severn Sound Environmental Association Jennifer Schnier, Communications and Economic Development Officer, Township of Georgian Bay Morgan Levison, Public Health Promotor, Simcoe Muskoka District Health Unit Nick Popovich, Director of Development Services, Township of Georgian Bay 1.0 Welcome, Introductions and Approval of Agenda Chair asked for additions or changes. With no other additions or changes, the Chair requested a motion to approve the agenda. Moved by J. Cayley and seconded by B. Coutanche. Agenda approved. 2.0 Approval of Minutes from the 4-May-17 SPSC Meeting Discussion: The May approved minutes were sent to each clerk on 10-May-17 for submission to Council. The Chair requested any other comments or corrections, and receiving none, requested a motion to approve the 4-May-17 minutes. Moved by J. Contin, seconded by B. Coutanche. Carried. 1 Page SPSC MINUTES 8-June-17 Sustainable Severn Sound (SSS) | 105 Fourth Street, P.O. Box 8, Midland, ON | L4R 4K6 | 705.526.1371 x.112 Page 308 of 352 14.c) Minutes of Sustainable Severn Sound, Sustainability Co... Action Item: T. Roxborough to send approved 4-May-17 minutes to each clerk for distribution to Councils. Minutes are also to be posted on the SSS website. 3.0 2017 SSS Work Plan Items 3.1 Project 1: Communications and Engagement Activities 3.1.1 May Sustainability Bulletins Discussion: Bulletins provided for information. May Bulletin: https://www.sustainablesevernsound.ca/news-article.php?id=22 Wildflower and Pollinator Resources: https://www.sustainablesevernsound.ca/news- article.php?id=23. No other action required. -News Discussion: The SSS program information (re: Pollinator Week) was featured in the Township https://georgianbay.civicweb.net/document/165092. No other action required. 3.1.3 May Report to Council (Re: Pollinator Week, June 19-25, 2017) Discussion: A report was sent to Clerks on 12-May-17. SSS recommended that Council support the June 19-25, 2017 Pollinator Campaign by: 1. Formally declaring their support for National Pollinator Week 2017 to their community by using the enclosed Pollinator Week 2017 Proclamation Template (Attachment A). 2. Directing staff to publish the National Pollinator Week 2017 media release (template 3. Directing staff to display the educational card on pollinators in their municipal office and encourage the distribution of the attached native wildflower seeds. This card and the seeds will be delivered by SSS to the municipality by June 1. 4. Directing staff (Clerk and/or Communication staff member) to provide assistance to SSS in promoting National Pollinator Week 2017, June 19-25 through your municipal social media platforms. Upon Council approval, SSS will share the required materials with your Clerks and Communication staff member(s) by June 1. Action Item: T. Roxborough to follow up with recommendations and ensure support for municipalities for Pollinator Week. 3.2 Project 2: Website Maintenance and Development Discussion: T. Roxborough provided a verbal update on the SSS website, noting addition of a 2 Growing Forward 2, as a resource for municipalities whom are keen to include pollinator- Page SPSC MINUTES 8-June-17 Sustainable Severn Sound (SSS) | 105 Fourth Street, P.O. Box 8, Midland, ON | L4R 4K6 | 705.526.1371 x.112 Page 309 of 352 14.c) Minutes of Sustainable Severn Sound, Sustainability Co... plants, available at https://www.sustainablesevernsound.ca/super-page.php?id=25 , and bulletins as noted previously. No other action required. 3.3 Project 3: Sustainability Speaker Series Engaging Employees in Energy Efficiency and Conservation Draft Proposal Discussion: T. Roxborough overviewed the changes to the initial proposal, and had sent send a request to the committee by 19-May-2017, asking for their review and comment of the report. T. Roxborough will presented 3-5 questions to the committee to guide this review, and received 2 responses. Considering that, T. Roxborough asked for the deferral of this item for discussion until the 6-Jul-17 meeting. This request was approved by the committee. No other action required. 4.0 OTF Funding Application Discussion: T. Roxborough summarized the project overview, with a grant of $68,700 submitted to support a minimum of six roundtable discussions to enhance local climate literacy, and to prepare the community for the development of a Climate Change Action Plan. T. Roxborough overviewed the timeline, and noted the main tasks are all in draft form including the work plan, the job description and the communications plan. Action Item: T. Roxborough to continue to develop program supports per the timeline, and await OTF notification of a successful or non-successful grant submission. 5.0 Pollinator Project Proposal Discussion: This project was proposed by SSS at the 6-Apr-17 SC meeting, with purpose to help address the threat to nd to pollinators. The attached summary is provided for information. Action Item: T. Roxborough to continue with actions per the summary and provide an update at the July meeting. 3 Page SPSC MINUTES 8-June-17 Sustainable Severn Sound (SSS) | 105 Fourth Street, P.O. Box 8, Midland, ON | L4R 4K6 | 705.526.1371 x.112 Page 310 of 352 14.c) Minutes of Sustainable Severn Sound, Sustainability Co... 6.0 SSS Project Budget 6.1 Financial Statement: May 31, 2017 Discussion: T. Roxborough reviewed the statement with the committee, noting SSS is currently under budget by $5,900. The Chair requested a motion to receive for information, moved by R. Stevens and seconded by J. Main. Carried. No other action required. 7.0 Information Sharing/Other Items 7.1 SSS Business Case: SSS Merger with SSEA - Proposal Discussion: T. Roxborough and J. Cayley provided updates. Discussions will continue regarding the proposal (timeline included below). Action Item: T. Roxborough to schedule meeting in late June to early July with J. Cayley to determine next steps. Task Timeline Status Consult with membership (consideration of Feb 9-Jun 15 On-going, but no formal partner organizations) consultation completed SSS presents information about their Apr 20 Not required organization and the merger to the SSEA Board of Directors SSEA Board to consider exploration of merger Apr 20 Complete Study period/ preparation prior to merging Apr-Jun On-going Joint SSEA and SSS work to identify May-Jul Not started (needs of each organization) Action Item: T. Roxborough to connect with J. Cayley to schedule a meeting to discuss next steps. An update will be provided if available at the 8-Jun-17 SC meeting. 4 Page SPSC MINUTES 8-June-17 Sustainable Severn Sound (SSS) | 105 Fourth Street, P.O. Box 8, Midland, ON | L4R 4K6 | 705.526.1371 x.112 Page 311 of 352 14.c) Minutes of Sustainable Severn Sound, Sustainability Co... 7.2 Roundtable Sharing of Projects and Information Discussion: Partners shared upcoming events and projects pertaining to environmental, social and economic initiatives. No other actions required. 8.0 July 2017 September Meeting Schedule Date Time Location Purpose Thursday, July 6, 2017 10am-12pm SSS Office, 105 Fourth Funding Updates Street, Midland Report to Council (re: Climate Change) Thursday, August 10, 2017 10am-12pm SSS Office, 105 Fourth To Be Determined Street, Midland Thursday, September 7, 10am-12pm SSS Office, 105 Fourth To Be Determined 2017 Street, Midland 9.0 Adjournment: Time: 12:20pm Next Meeting When: Thursday, July 6, 2017 Time: 10am-12pm Where: SSS Office, 105 Fourth Street, Midland 5 Page SPSC MINUTES 8-June-17 Sustainable Severn Sound (SSS) | 105 Fourth Street, P.O. Box 8, Midland, ON | L4R 4K6 | 705.526.1371 x.112 Page 312 of 352 14.c) Minutes of Sustainable Severn Sound, Sustainability Co... Memorandum 2017-07 To: Mayor and Councils of the Towns of Midland and Penetanguishene, Townships of Georgian Bay, Severn, Oro-Medonte, Tiny and Tay Page | 1 Cc: Severn Sound Environmental Association, Simcoe Muskoka District Health Unit, North Simcoe Community Futures Development Corporation Submitted By: Sustainable Severn Sound (SSS), and the Sustainability Committee Date: 6-Jul-2017 Subject (re): New FCM Funding, Municipalities for Climate Innovation Program (MCIP) MEMORANDUM RECOMMENDATION THAT Memorandum No.2017-06 from Sustainable Severn Sound (SSS) and the Sustainability Committee (SC) dated 6-Jul-2017, regarding new FCM Funding, entitled Municipalities for Climate Innovation Program (MCIP), be received for information. PURPOSE OF THE MEMORANDUM The purpose of this memorandum is to provide Council and staff with an overview of the new FCM funding opportunity, Municipalities for Climate Innovation Program (MCIP). WHAT IS MCIP? The Municipalities for Climate Innovation Program (MCIP) is a five-year, $75 million program designed to accelerate transition to low carbon and resilient cities and communities in Canada. The Federation of Canadian Municipalities (FCM) offers this program with funding from Infrastructure Canada (INFC). This program is available to municipalities of all sizes. Program advisors have noted a preference for multi-municipal collaboration. The program is designed to provide funding to municipalities for: 1.Plans and Studies. Apply for grants of up to $175,000 for climate change plans and studies for Canadian municipalities of all sizes. Apply year round until January 2020. Examples: (i). Optimizing municipal fleets such as snow plows, buses, or switching to less polluting fuels such as electricity or hydrogen. (ii). Promoting active transportation and encouraging the use of less polluting forms of transportation by improving options that reduce GHG emissions such as transit ridership growth strategies, developing new transit systems 2.Capital Projects Grants. Grant funding of up to $1 million and more for climate change capital projects. Applications are accepted year round until January 31, 2020. Examples: (i). Upgrading lighting and insulation in municipal facilities such as community centres, arenas, libraries or other municipal buildings. (ii). Making energy-efficiency and renewable upgrades to a drinking water or wastewater treatment plant. (ii). Distributing bins to residents for residential backyard organics Sustainable Severn Sound (SSS) | 105 Fourth Street, P.O. Box 8, Midland, ON | L4R 4K6 | 705.526.1371 x.112 Page 313 of 352 14.c) Minutes of Sustainable Severn Sound, Sustainability Co... composting. (iv). Improving the resilience of infrastructure such as road surfaces and bridges to temperature fluctuations. 3. Climate Change Staff Grants. Grant funding to supplement salaries for existing municipal staff to implement climate change programs and projects. Available in Fall 2017. 4. Transition 2050. This program will offer a combination of training and grant funding for a collaborative Page | 2 network of municipalities committed to reducing GHG emissions by 80 per cent by 2050. Available in Fall 2017. ADDITIONAL FUNDING FCM's Municipal Asset Management Program (MAMP). MAMP provides funding for projects to help municipalities enhance their asset management practices. The goal of the program is to help municipalities make informed investment decisions for infrastructure assets. The program will fund up to $50,000 or 80% of the project. Applications are accepted year round. Examples: (i). Asset management assessments. (ii). Asset management plans, policies and strategies. (iii). Data collection and reporting. (iv). Training and organizational development. NEXT STEPS FOR SSS SSS is working to bring a Program Advisor from FCM to the SSS service area to participate in a Fall seminar for municipal staff and councils. This event will familiarize municipalities with each funding stream, identify potential collaborations and allow municipalities to ask questions about their projects. Further information, including date, time and location will be shared with Council and staff by the Sustainability Committee when available. RECOMMENDATION THAT Memorandum No.2017-06 from Sustainable Severn Sound (SSS) and the Sustainability Committee (SC) dated 6-Jul-2017, regarding new FCM Funding, entitled Municipalities for Climate Innovation Program (MCIP), be received for information. If you have any questions regarding this report, please contact the Sustainability Coordinator, Tracy, at tracy@sustainablesevernsound.ca or 705.526.1371 x.113, or your appointed Sustainability Committee representative. Midland: Councillor Jack Contin and Councillor Jon Main Penetanguishene: Andrea Betty, Director of Planning and Community Development, Councillor Mike Lauder Township of Georgian Bay: Nicholas Popovich, Director of Development Services Township of Severn: Councillor Ron Stevens Township of Oro-Medonte: Councillor Barbara Coutanche Township of Tiny, Doug Luker, Chief Administrative Officer Township of Tay, Councillor Cate Root County of Simcoe, Deputy Mayor Steffen Walma Sustainable Severn Sound (SSS) | 105 Fourth Street, P.O. Box 8, Midland, ON | L4R 4K6 | 705.526.1371 x.112 Page 314 of 352 14.d) Minutes of Lake Simcoe Region Conservation Authority m... No. BOD-06-17 Friday, June 23, 2017 120 Bayview Parkway, Newmarket, ON MINUTES LSRCA Board Members Present: LSRCA Staff Present: Mayor G. Dawe, Chair M. Walters, Chief Administrative Officer Councillor R. Simpson, Vice Chair R. Baldwin, GM, Planning & Development Deputy Mayor/Regional Councillor N. Davison B. Kemp, GM, Conservation Lands J. Dolan T. Barnett, Coordinator, BOD/CAO Regional Councillor B. Drew B. Booth, Manager, Regulations Councillor A. Eek C. Burgess, Manager, Planning Councillor K. Ferdinands S. Fernandes, Natural Heritage Ecologist Councillor P. Ferragine N. Hamley, Manager Education Mayor V. Hackson S. Jagminas, Communications Program Coordinator Councillor D. Kerwin L. McGinnis, Environmental Regulations Customer Service Analyst Councillor S. Macpherson S. McKinnon, Manager, Budget and Business Analysis Deputy Mayor P. Molloy C. Taylor, Executive Director, LSCF Mayor M. Quirk K. Vickers, GIS Technician Councillor S. Strangway K. Yemm, Manager, Corporate Communications Regrets: Guests: D. Bath K. Davison, Georgina Resident Councillor S. Harrison-McIntyre Councillor P. Silveira Township of Ramara I.DECLARATION OF PECUNIARY INTEREST None noted for this meeting. II.APPROVAL OF THE AGENDA Moved by: S. Macpherson Seconded by: J. Dolan BOD-093-17 RESOLVED THAT the content of the Agenda for the June 23, 2017 meeting of the LSRCA Board of Directors be approved as presented. CARRIED III.ADOPTION OF THE MINUTES a)Board of Directors Meeting May 26, 2017 Moved by: P. Molloy Seconded by: V. Hackson BOD-094-17 RESOLVED Meeting No. BOD-05-17 held on Friday, May 26, 2017 be approved as circulated. CARRIED Page 315 of 352 14.d) Minutes of Lake Simcoe Region Conservation Authority m... Lake Simcoe Region Conservation Authority Board of -06-17 June 23, 2017 Minutes Page 2 of 6 IV. ANNOUNCEMENTS a) Honouring Regional Councillor Danny Wheeler, LSRCA Board Member CAO Mike Walters, having recently participated in a meeting at the Town of Georgina to discuss ways to honour former Regional Councillor and LSRCA Board member Danny Wheeler who passed away in November 2016, was pleased to inform Board members that Georgina Council has approved renaming a Georgina student bursary and a Georgina Civic Centre boardroom, adding the Danny Wheeler Boulevard to their street name inventory list for future use, installing a plaque at De La Salle Park in his honour, as well as endorsing the Jackson's Point Harbourfront area as the preferred site for opportunities for recognition. a) Journal Publication CAO Mike Walters congratulated staff members for their article Reducing Road Salt Application by Considering Winter Maintenance Needs in Parking Lot Design, that was published in the Journal of Green Building Vol. 12 Issue 2. b) Wa CAO Walters noted that LSRCA was a finalist in Water Canada Magazine's Water's Next Awards in the Project/Technology Stormwater category for its parking lot work through Ryerson University. The City of Guelph was this year's winner. V. PRESENTATIONS a) Natural Heritage Restoration Strategy Natural Heritage Ecologist, Shauna Fernandes, provided the Board with an overview of LSRCNatural Heritage System Restoration Strategyustainable and resilient natural heritage system that supports natural heritage features and functions while providing services vital to human well-being, she noted the phases of the strategy include: Phase 1 Identification: to characterize and define the boundaries of the Core Features of the Natural Heritage System using policy rationale and scientific opportunities, such as woodlands, wetlands, watercourses, natural areas abutting Lake Simcoe (NAALS), and valleylands. Phase 2 Analysis: to establish targets for the Lake Simcoe watershed by investigating the relationships between the Phase 1 core features and the scientific principles or issues impacting Natural Heritage Systems to identify targeted areas that enhance the NHS. Phase 3 Implementation: to create a restoration strategy and report in collaboration with LSRCA departments that will implement the protection, restoration and enhancement of the targeted NHS, as well as to establish a monitoring program for tracking implementation and to consult with watershed partners and stakeholders. Ms. Fernandes noted that next steps include finalizing the Natural Heritage System Restoration Strategy, consulting with municipalities and other partners, and LSRCA Board approval in the Fall of 2017. To view this presentation, please click this link: Natural Heritage System Restoration Strategy Moved by: A. Eek Seconded by: S. Strangway Page 316 of 352 14.d) Minutes of Lake Simcoe Region Conservation Authority m... Lake Simcoe Region Conservation Authority Board of -06-17 June 23, 2017 Minutes Page 3 of 6 BOD-095-17 RESOLVED THAT the presentation by Natural Heritage Ecologist, Shauna Fernandes, regarding CARRIED b) Lake Simcoe Conservation Foundation Update Lake Simcoe Conservation Foundation (LSCF), Executive Director, Cheryl Taylor, provided the Board with an update on the activities of LSCF, noting their mission it to raise money to support a cleaner and healthier Lake Simcoe watershed through the funding of specific projects of the Lake Simcoe Region Conservation Authority. She noted that funds raised in 2016 from events, grants, individuals and corporate sponsors totalled $728,032. She went on to note that LSCF supported 16 LSRCA programs/projects, including a new monitoring vessel, the wildlife safe passage project, and a number of education programs. Ms. Taylor also discussed fund raising efforts to date in 2017, as well as projects and programs approved for supporting in 2017. To view this presentation, please click this link: Lake Simcoe Conservation Foundation Update Moved by: R. Simpson Seconded by: B. Drew BOD-096-17 RESOLVED THAT the presentation by Lake Simcoe Conservation Foundation, Executive Director, Cheryl Taylor, regarding the activities of the Lake Simcoe Conservation Foundation be received for information. CARRIED c) Conservation Authorities Act Chief Administrative Officer, Mike Walters, provided the Board with an overview of the proposed amendments to the Conservation Authorities Act as announced by the Ministry of Natural Resources and Forestry (MNRF), noting that in the recently released document Conserving Our Future: A Modernized Conservation Authorities Act, the five key areas of focus listed below have been identified: 1. Strengthening Oversight and Accountability 2. Increasing Clarity and Consistency in Programs and Service 3. Increasing Clarity and Consistency in Regulatory Requirements 4. Improving Collaboration and Engagement 5. Modernizing Funding Mechanisms CAO Walters referenced the following key points outlined in the document: - the Minister confirmed the important role of conservation authorities as watershed-based natural resource managers, as well as a commitment to explore options for updating provincial funding levels. - MNRF remains the parent Ministry and the Minister has defined power - Establishing a multi-ministry table to ensure increased coordination among provincial ministries regarding the wide range of support CAs provide to the multiple ministries. - In respect to Governance most of the LSRCA already is in compliance with most recommendations but will need to establish a period of review for our administrative by-laws. CAO Walters also advised that a more detailed review is being conducted in order to produce a staff report for the July 28, 2017 Board of Directors meeting. To view this presentation, please click this link: Conservation Authorities Act Review Page 317 of 352 14.d) Minutes of Lake Simcoe Region Conservation Authority m... Lake Simcoe Region Conservation Authority Board of -06-17 June 23, 2017 Minutes Page 4 of 6 Moved by: B. Drew Seconded by: M. Quirk BOD-097-17 RESOLVED THAT the presentation by Chief Administrative Officer, Mike Walters, regarding the proposed amendments to the Conservation Authorities Act be received for information. CARRIED VI.HEARINGS There were no hearings at this meeting. VII. DEPUTATIONS There were no deputations at this meeting. VIII. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items No. 1a, 1c, and 1d were identified as items requiring separate discussion. IX.ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items No. 1b, 2 and 3 were identified as items not requiring separate discussion. Moved by: M. Quirk Seconded by: V. Hackson BOD-098-17 RESOLVED THAT the following recommendations respecting the matters listed as adopted as submitted to the Board, and staff be authorized to take all necessary action required to give effect to same. CARRIED 1. Correspondence b) Letter dated June 12, 2017 from Bob Lepp @ Assoc. BOD-099-17 RESOLVED THAT correspondence listed in the agenda as Item 1b be received for information. CARRIED 2. Budget Status Report BOD-100-17 RESOLVED THAT Staff Report 29-17-BOD regarding LSRCA`s Budget Status for the five month period ending May 31, 2017 be received for information. CARRIED 3. Memorandum of Understanding - Circulation Procedures for Applications under the Planning Act BOD-101-17 RESOLVED THAT Staff Report No. 30-17-BOD regarding the Memorandum of Understanding for Circulation Procedures of Applications under the Planning Act be received for information. CARRIED Page 318 of 352 14.d) Minutes of Lake Simcoe Region Conservation Authority m... Lake Simcoe Region Conservation Authority Board of -06-17 June 23, 2017 Minutes Page 5 of 6 X. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. Correspondence a) Letter of June 5, 2017 from the Township of Ramara CAO Mike Walters referred to the letter received from the Township of Ramara regarding its intention to appeal the 2017 LSRCA levy apportionment. CAO Walters outlined the appeal process, which includes a hearing at the Mining and Lands Commission to decide if the Township of Ramara will have to pay its levy apportionment. CAO Walters explained that LSRCA and member municipalities will have the opportunity to attend such hearing due to the financial impact on each member municipalities should the Township of Ramara be successful in its appeal. He went on to advise that until such time as the Township of Ramara is successful in its bid to no longer be a member of the conservation authority, it is still considered to be a member and therefore LSRCA has a legislative and moral responsibility to provide services to and within the Township of Ramara. Should Ramara not pay their levy apportionment, essentially the remaining member municipalities would be subsidizing the Township Ramara levy share. CAO Walters asked members for their support and advised that he would prepare a letter requesting support to be sent to member municipalities through the Clerks offices. Moved by: P. Molloy Seconded by: R. Simpson BOD-102-17 RESOLVED THAT correspondence listed in the agenda as Item 1b be received for information. CARRIED c) Letter of June 8, 2017 from Anthony Usher, along with attachment dated May 5, 2015; and d) LSRCA draft response to Anthony Usher dated June 15, 2017 Regional Councillor Drew asked if the regulations and policies referred to in the letters from Anthony Usher are worded in such a way that gives room to such misinterpretation. General Manager, Planning & Development, Rob Baldwin, noted that regulations and policies are actually fairly clear in the Conservation Authorities Act in that there is no third party involvement in the permitting process. Moved by: B. Drew Seconded by: R. Simpson BOD-103-17 RESOLVED THAT correspondence listed in the agenda as Item 1c be received for information; and FURTHER THAT Item d) be approved for release to Mr. Usher. CARRIED XI. CLOSED SESSION The Board moved to Closed Session to deal with confidential legal matters. Moved by: S. Strangway Seconded by: R. Simpson BOD-104-17 RESOLVED THAT the Board move to Closed Session to deal with confidential legal matters; and Page 319 of 352 14.d) Minutes of Lake Simcoe Region Conservation Authority m... Lake Simcoe Region Conservation Authority Board of -06-17 June 23, 2017 Minutes Page 6 of 6 FURTHER THAT the Chief Administrative Officer, members of the Executive Management Team, the Manager, Regulations, the Manager, Communications, and the Coordinator BOD/CAO remain in the meeting for the discussion. CARRIED The Board rose from Closed Session. Moved by: S. Macpherson Seconded by: J. Dolan BOD-105-17 RESOLVED THAT the Board rise from Closed Session and report findings. CARRIED a) Legal Matter Confidential Staff Report No. 31-17-BOD regarding a legal matter was provided to Board members prior to the meeting. Moved by: P. Molloy Seconded by: S. Macpherson BOD-106-17 RESOLVED THAT Confidential Staff Report No. 31-17-BOD regarding a confidential legal matter be approved. CARRIED b) Legal Matter Moved by: V. Hackson Seconded by: S. Strangway BOD-107-17 RESOLVED THAT the update regarding a confidential legal matter be received for information. CARRIED XII. OTHER BUSINESS XIII. ADJOURNMENT Moved by: R. Simpson Seconded by: M. Quirk BOD-108-17 RESOLVED THAT the meeting be adjourned @ 10:55 a.m. CARRIED ____ Mayor Geoffrey Dawe Michael Walters Chair Chief Administrative Officer Page 320 of 352 14.e) Correspondence dated July 11, 2017 from Steve Clarke, ... Page 321 of 352 14.f) Correspondence dated July 17, 2017 from Richard Maksym... Page 322 of 352 14.f) Correspondence dated July 17, 2017 from Richard Maksym... Page 323 of 352 14.f) Correspondence dated July 17, 2017 from Richard Maksym... Page 324 of 352 14.f) Correspondence dated July 17, 2017 from Richard Maksym... Page 325 of 352 14.g) Correspondence dated July 24, 2017 from Dr. Matt Mille... Page 326 of 352 14.g) Correspondence dated July 24, 2017 from Dr. Matt Mille... Page 327 of 352 14.g) Correspondence dated July 24, 2017 from Dr. Matt Mille... Page 328 of 352 14.g) Correspondence dated July 24, 2017 from Dr. Matt Mille... Page 329 of 352 14.g) Correspondence dated July 24, 2017 from Dr. Matt Mille... Page 330 of 352 14.g) Correspondence dated July 24, 2017 from Dr. Matt Mille... Page 331 of 352 14.g) Correspondence dated July 24, 2017 from Dr. Matt Mille... Page 332 of 352 14.g) Correspondence dated July 24, 2017 from Dr. Matt Mille... Page 333 of 352 14.g) Correspondence dated July 24, 2017 from Dr. Matt Mille... Page 334 of 352 15.a) Correspondence dated June 29, 2017 from Michael Walter... June 29, 2017 Via email only to Regional and Municipal Clerks Chairs, Mayors and Members of Council LSRCA Member Municipalities Dear Chairs, Mayors and Members of Council: Re: The Township of Ramara I am writing to inform you that the Township of Ramara (Ramara) has appealed the Lake Simcoe Region Conservation Authoritys (LSRCA)levy apportionment for 2017 and has informed LSRCA that it no longer wishesto be a member. While rationale for this decision has not been provided in writing, Ramara Mayor and Council did implyduring a meeting that the municipality is not getting a fair return on its investment and that LSRCA is limiting Ramaras ability to grow. The current levy apportionment to Ramara is approximately $42,213, which funds core programing and services such as water risk management (flood forecasting and warning, hazard mapping, implementation of the Section 28 regulations including enforcement, plan review), integrated watershed management (development and implementation of subwatershed plans, source water protection), as well as corporate services support (administration and basic operations). Currently, Ramara is a member of LSRCA, and accordingly LSRCA is required through provincial legislation to deliver specific core services to its member municipalities. LSRCA is expending significant resources to deliver water risk and integrated watershed management programs within Ramara and is resolute that the benefiting municipality should be responsible for its share of funds to cover these expenses. The consequences of Ramaras non-payment of its levy would shift this financial burden to our other member municipalities, an outcome that is neither fair nor equitable, and LSRCA will be seeking a ruling to ensure that Ramara continues to pay its fair share of the levy as required. Ramaras appeal has been made through the Conservation Authorities Act, Section 27, to the Mining and Lands Commission and will result in a hearing where upon both parties will present their cases for judgement. As the outcome of the hearing will directly impact each municipality as a funding partner, each member municipality will have the option to attend and represent its own interests at the hearing. As this could require significant municipal staff time and resources, instead I would like to recommend an alternate approach which would still be as impactful as your municipalitys attendance at the hearing. This alternate approach involves gaining each member municipalitys support by way of a resolution of support that would Page 335 of 352 15.a) Correspondence dated June 29, 2017 from Michael Walter... Chairs, Mayors and Members of Council LSRCA Member Municipalities June 29, 2017 Page 2 request that the Township of Ramara be directed to pay its share of LSRCAs 2017 levy. The resolutions would be introduced during the hearing to support LSRCAsposition that Ramara be held accountable and pay its fair and equitable share towards the provincially mandated programs being delivered by LSRCA. Ramaras suggestion that they are not receiving good return on their investmentis totally unfounded as they have benefited financially probably more than any other municipality in the watershed. The costs to undertake hazard mapping, subwatershed plans and fund remedial projects have largely been resourced through LSRCAspartnerships with the Federal and Provincial governments, as well as the Lake Simcoe Conservation Foundation and other interest groups. From 2010 to 2016, a total of 146 remedial projects were completed in Ramara at a total cost of more than $2.4 million dollars. The total investment by Ramara towards these programs for this period was $105,844,which equates to a return of more than $23 dollars for every $1 invested. Costs associated with completing the subwatershed planning totalled approximately $234,000, of which Ramara contributed $37,500 resulting in a return of $5 dollars for every $1 dollar invested. Other services such as education and engagement, environmental monitoring, and a host of support services associated with implementation of the Lake Simcoe Protection Act and Plan have been provided at no cost to Ramara. It truly is unfortunate that Ramara does not recognize the value of its membership with LSRCA and is opting to discontinue this partnership. However, until such time as Ramara is successful in its bid to leave, LSRCA will not only continue to provide the provincially mandated and legislated program and services but will also seek Ramaras financial support to help cover these costs. Your municipalitys role and continued support as a member of LSRCA is very much appreciated and is integral to LSRCAs success in achieving our mission to work with our community to protect and restore Lake Simcoe and its watershed. Should you have any questions or require additional information, please do not hesitate to contact me at this office. Sincerely, Mike Walters Chief Administrative Officer copy: LSRCA Board of Directors Page 336 of 352 15.b) Petition correspondence dated July 5, 2017 from Richel... Page 337 of 352 15.c) Correspondence dated July 13, 2017 from Guenther Welln... Page 338 of 352 15.c) Correspondence dated July 13, 2017 from Guenther Welln... Page 339 of 352 15.c) Correspondence dated July 13, 2017 from Guenther Welln... Page 340 of 352 15.d) Correspondence received July 10, 2017 from Linda Kinse... Page 341 of 352 15.d) Correspondence received July 10, 2017 from Linda Kinse... Page 342 of 352 15.d) Correspondence received July 10, 2017 from Linda Kinse... Page 343 of 352 15.d) Correspondence received July 10, 2017 from Linda Kinse... Page 344 of 352 15.e) Correspondence dated August 2, 2017 from Lion Bob Murr... PSP!EJTUSJDU!MJPOT!DMVC QP!CPY!56-!PSP!PO!M1M!3Y1 TVQQPSUFST!PG; YOUTH: 5I!Dmvc Bvh!3-3128 tu 2Ibxlftupof Cfbwfst-!Dvct Tdpvut!' Shawn Binns, Wfouvsfst Qvcmjd!Tqfbljoh Director, Operations and Community Services HEALTH: Township of Oro Medonte Cbssjf!SWI Psjmmjb!TNI Dear Shawn: CULTURE: Psjmmjb!Mjcsbsz Cbssjf!Mjcsbsz The Oro District Lions Club has pledged $10,000.00 from our FITNESS: Hvuisjf!Cbmm!Ejbnpoet Community Projects Reserves to be put towards the proposed PUBLIC SAFETY: renovations at Bayview Memorial Park. Bsfob!Efgjcsjmmbups Jdf!Sftdvf!Cpbu Uifsnbm!Jnbhjoh!Ifmnfut We would be grateful if the Township would agree to name the new pavilion as the Lions Pavilion, in recognition of our past and present COMMUNITY SERVICES: Cbssjf!Xpnfo Tifmufs contributions to the community. Hsffo!Ibwfo!Psjmmjb Iptqjdf!Tjndpf Cbssjf!Ynbt!Diffs We are in the process of developing new fund-raising venues with the ENVIRONMENT: expectation that we will be able to make future donations towards the Qjudi!jo!Xffl renovations as the project stages roll out. The branding of the pavilion Sjehf!Spbe!Bepqu!b!Ijhixbz would enhance our recognition in the community, making it easier to SPECIAL NEEDS CAMPS: Mjpot!Dbnq!Epstfu!)Ejbmztjt* ask for support from the public. Dbnq!Ivspoeb!)Ejbcfuft* DOJC!Mblf!Kptfqi Pou/!Dbnq!pg!uif!Efbg Our service club thanks you and your staff for continuing to involve us LIONS INTERNATIONAL PROJECTS: in the planning process. Please let us know when stage one is finalized Mjpot!Gpvoebujpo!Dbobeb. so that we can do a cheque presentation. Tqfdjbm!Tljmmt!Hvjef!Epht . Fmjnjobujpo!pg!Qsfwfoubcmf! Cmjoeoftt Sbqje!Sftqpotf!Ejtbtufs Sfmjfg Nbudijoh!Hsbout!gps! Ivnbojubsjbo!Qspkfdut Lion Bob Murray President Oro District Lions Club RJM/bm Page 345 of 352 15.f) Correspondence dated August 2, 2017 from Jan Novak, Ch... Page 346 of 352 15.f) Correspondence dated August 2, 2017 from Jan Novak, Ch... Page 347 of 352 15.f) Correspondence dated August 2, 2017 from Jan Novak, Ch... 6:7!Ipstftipf Wbmmfz!Se/!F/!.!Psf!Nfepouf Fhpt Hbsefo!Dfousf tjho!4n!gspn!fehf!pg!hsbwfm Page 348 of 352 Ipsftipf Wbmmfz!Se/!F/ 15.f) Correspondence dated August 2, 2017 from Jan Novak, Ch... 2212!Ipstftipf Wbmmfz!Se/ X/!.!Psf!Nfepouf tjho!4n!gspn!fehf!pg!hsbwfm Page 349 of 352 Ipsftipf Wbmmfz!Se/ X/! 15.f) Correspondence dated August 2, 2017 from Jan Novak, Ch... 2:75!Sjehf!Se/!X/!.!Tibouz!Cbz tjho!2n!gspn!tjefxbml Sjehf!Se/!X/ Page 350 of 352 15.f) Correspondence dated August 2, 2017 from Jan Novak, Ch... 31:4!Ipstftipf Wbmmfz!Se/ X/!.!Psf!Nfepouf Page 351 of 352 Ipsftipf Wbmmxz!Se/ X/ 19.a) By-Law No. 2017-111: Being a by-law to confirm the pro... Municipal Act, 2001, S.O. 2001, C. 25, as amended Page 352 of 352