Body: Council Type: Agenda Meeting: Regular Date: March 3, 2020 Collection: Council Agendas Municipality: South Frontenac
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Page 1 of 155
TOWNSHIP OF SOUTH FRONTENAC COUNCIL MEETING AGENDA
TIME: DATE: PLACE:
7:00 PM, Tuesday, March 3, 2020 Council Chambers.
Call to Order
a)
Resolution
Declaration of pecuniary interest and the general nature thereof
Approval of Agenda
a)
Resolution
Scheduled Closed Session - n/a
Recess - not applicable
Delegations - not applicable
Public Meeting
a)
Statement and Resolution
b)
Z-19/11-Zoning By-law Amendment for Plan 13M-56 Lots 22-32 Lyons Landing - (Garrison & Card)
4 - 13
c)
Z-20/01- Zoning By-law Amendment for Concession 13, Lot 5 - 4462 Wilmer Rd (McGibbon)
14 - 21
d)
Resolution
Approval of Minutes
a)
February 18, 2020 Council Meeting
Business Arising from the Minutes
a)
Notice of Motion - Ontario Building Code - Part 8 - In-house Capacity
Reports Requiring Action
a)
Assumption of Road Widenings (See By-law 2020-10)
29 - 45
b)
Development Services - Land Management Software
46 - 47
c)
Rural Economic Development Fund - RED5-09115 (See By-law 2020-11)
48 - 83
3
22 - 27
28
Page 2 of 155
Committee Meeting Minutes
a)
Public Services Committee meeting held January 16, 2020
By-laws
a)
By-law 2020-10 - Assumption of Road Widenings
87 104
b)
By-law 2020-11 - RED Funding Agreement
105 139
Reports for Information
a)
Accounts Payable and Payroll Listing
Information Items
a)
Proposed Regulatory Changes under the Aggregate Resources Act
150 151
b)
Letter of Thanks from Duncan Sinclair
152
c)
Honourable Steve Clark, Minister of Municipal Affairs and Housing, re: Provincial Policy Statement 2020
153 154
Notice of Motions
Announcements/Statements by Councillors
Question of Clarity (from the public on outcome of agenda items)
Closed Session
a)
As permitted by the Municipal Act, Section 239.2 (b) personal matters about an identifiable individual, including municipal or local board employees and (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board and to approve minutes of the February 28, 2020 closed session.
b)
Minutes of February 18, 2020 Closed Session
c)
Verbal Report - Identifiable Individual
d)
Verbal Report - Contract Negotiation
e)
Resolution - Move out of Closed Session
Confirmatory By-law
a)
By-law 2020-12
Adjournment
a)
Resolution
84 - 86
140 149
155
Page 3 of 155
The purpose of this public meeting is to hear comments on two Zoning By-Law Amendment applications. If a person or public body does not make oral or written submissions at a public meeting, or make written submissions to South Frontenac Township before the by-law is passed, the person or public body may not be added to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Board, there are reasonable grounds to do so. If you wish to be notified of the decision of Council in respect to any of the applications, you must submit a written request to the Clerk or sign the attendance list provided at today’s meeting. This will also entitle you to be advised of a possible Local Planning Appeal Tribunal. Anyone may appeal the decision to the Local Planning Appeal Tribunal by filing with the Clerk within 20 days of the notice of decision. An appeal to the Local Planning Appeal Tribunal may be filed with the Clerk of the Township not later than 20 days after the day that the notice of decision was given. The notice of appeal must set out the objection to the by-law and the reasons in support of the objection, accompanied by the required fee.
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Report to Council Development Services - Planning Public Meeting Report – Zoning Bylaw Amendment Report Date:
February 27, 2020
Application No:
Z-19/11
Owner:
1974658 Ontario Limited
Agent:
Treena Garrison & William Card
Location of Property:
Lots 22-32, Plan of Subdivision 13M-56, Kona Crescent, Lyons Landing, Storrington District, Township of South Frontenac
Purpose of Application: Rezone Lots 22-32 (inclusive) from Residential Special Provision Zone (R10) to Residential Special Provision Zone (R-30) to establish a front yard setback of 10m. Date of Public Meeting: March 3, 2020
Recommendation It is recommended that South Frontenac Council receive comments from the public and pending comments received direct staff to prepare a bylaw to rezone the subject lands from Residential Special Provision Zone (R-10) to Residential Special Provision Zone (R-30) to permit the construction of a dwelling and septic system at a setback of 10m from the front lot line.
Proposal The proposal is to rezone 11 lots (Lots 22 to 32 inclusive) on the north and east side of Kona Crescent to permit these lots to be developed with a front yard setback of 10m. The current zoning on these lots is Residential Special Provision Zone (R-10) which establishes a minimum front yard setback of 20m (66 feet).
Background The developer is requesting the front yard setback be reduced to 10m (33 feet) to allow for the construction of a dwelling and septic system closer to the street than the existing R-10 zoning permits. This change would allow a house to be built on the more level portion of these lots and avoid the need to excavate into the toe of the slope that separates the rear of Lots 22-32 (inclusive) on Kona Crescent from the lots they back onto on Kahala Court. When the lots were rezoned to R-10 in 2004, the significant topographic constraints on these lots were not considered when the 20m front yard setback was applied to Phase 2 of Lyons Landing Plan of Subdivision. Applying the existing R-10 zone provisions to Lots 22-32 makes these lots significantly more difficult and costly to develop. The applicant has submitted a site plan prepared by Josselyn Engineering (dated January 21, 2020) to illustrate how the placement of the building envelope including septic and private well will be accommodated relative to the toe of the slope with the reduced 10m front yard setback. The proposed Residential Special Provision Zone (R-30) will establish a minimum front yard setback of 10m (33 feet). All other setbacks (10m side & rear yard) and frontage (55m) for Lots 22 to 32 (inclusive) will be the same as the distances that apply to lots zoned R-10 on the south of Kona Crescent.
“Natural, Vibrant and Growing – a Progressive Rural Leader” 1
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Report to Council Development Services - Planning Policy Analysis 2014 Provincial Policy Statement (PPS) The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. When assessing consent applications on rural lands, planning authorities must comply with Section 1.1.5.1 of the PPS; this section requires application of relevant policies of Section 1: Building Healthy Communities, Section and Section 1.6.6: Sewage, Water and Stormwater by the approval authority. Section 1.1.5.2 of the PPS permits limited residential development on lands designated rural within the Township. The Lyon’s Landing plan of subdivision was approved by the Province in the early 1970s and has been developed in phases since that time. The zoning for the current phase was put in place in 2004. As the developer moves towards selling the final 11 lots, it has become apparent that due to the topographic changes on these lots – the 20m front yard needs to be reduced to ensure there is a suitable parcel for development outside of the area that is impacted by the rock ridge at the rear of these lots. Section 1.1.5.4 promotes development that is compatible with the rural landscape and can be sustained by rural service levels. The application has been reviewed by KFL&A Public Health staff and they have no objection to the building envelope, including the site of the septic and wells being moved closer to the street as shown on the January 21, 2020 plan submitted by Josselyn Engineering. Section 1: Building Healthy Communities of the PPS promotes the building of strong, healthy communities and includes policies about avoiding development and land use patterns which may cause environmental or public health and safety concerns. Section 1.4.1. requires the Township to provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents. There is a significant demand for housing within the Township. This section of the PPS speaks to the Township establishing appropriate development standards that facilitate new residential development where infrastructure exists, while maintaining appropriate levels of public health and safety. As these lots are the remaining lots to be developed within an existing plan of subdivision, it represents good planning to modify the development standards by reducing the front yard setback to ensure these lots can be developed. The site plan prepared by Josselyn Engineering illustrates the proposed placement of the building envelope relative to the toe of slope. County of Frontenac Official Plan, 2016 The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. The Lyon’s Landing Subdivision is designated Rural in the County Official Plan. The Plan recognizes that rural lands are used as an alternative location for those preferring a rural lifestyle. Section 3.3.1 b of the County Official Plan speaks of rural residential development reflecting the intent of preserving rural, open space character. This shall mean that, to the extent possible, the appearance of such development should be unobtrusive and blend in with the rural landscape. The applicants are pursuing this rezoning to reduce the front yard setback in order to mitigate the impact of a significant change of topography on 11 lots on the north and east side of Kona Cresent. These are the last 11 lots to be built on in Lyons Landing. Reducing the front yard setback allows the developer to avoid blasting into the rock ridge on the rear portion of these lots and will maintain a “Natural, Vibrant and Growing – a Progressive Rural Leader” 2
Page 6 of 155
Report to Council Development Services - Planning naturalized/vegetated buffer on the rock ridge that separates the residential lots on Kona Crescent from the lots on Kahala Court to the north. Township of South Frontenac Official Plan & Zoning By-law The Lyon’s Landing Plan of Subdivision is designated Rural in the South Frontenac Official Plan. The Official Plan permits rural residential development within the rural designation. The policies of Section 5.7.4. of the rural residential policies apply to the development of Lyon’s Landing. It establishes that the size and shape of any lot for rural residential development shall comply with the provisions of the zoning by-law. The existing R-10 zoning was established for Phase 2 of Lyons Landing which includes Lots 22-32 (inclusive) by a rezoning in 2004. The R-10 zone recognizes the 50m frontage of the lots within this phase of the plan of subdivision. The R-10 zone established a front yard of 20m, and a 10m side yard and rear yard. The lots on the south side of Kona Crescent are zoned R-10 and meet these development standards. At the time the lots were rezoned in 2004, there was no consideration of the topographic constraints that impact the location of the building envelope for Lots 22-32 (inclusive). It is desirable to move the building envelope forward to avoid excavation into this slope and to permit development of the building envelop on a more level portion of the lot. Even with a reduction in the front yard setback to 10m for Lots 22-32 (inclusive), the dwellings on the north side of Kona Crescent will be setback a minimum of 50m from the dwellings constructed on the south side of Kona Crescent (20m setback + 20m wide road +10m front yard setback). A setback of 50m between dwellings on the north and south side of Kona Crescent maintains separation distance that help maintain the rural residential character of the Lyon’s Landing subdivision. It also maintains a good visual and natural buffer from the lots to the north on Kahala Court.
Agency Analysis and Comments Public Works Department – The Director of Public Services reviewed the zoning by-law amendment application and has no concerns with the proposal to reduce the front yard setback to 10m. KFL&A Public Health – Public Health has no objection to the proposed zoning by-law amendment, as shown on the new plan dated January 21, 2020 prepared by Josselyn Engineering Inc. Cataraqui Region Conservation Authority – CRCA staff have reviewed this application and have confirmed that they have no objection to the approval of application Z-19-11 based on their consideration for natural hazards, natural heritage and water quality and quantity protection policies.
Public Comments At the time of writing, no formal comments have been received from the public. The intent of the public meeting is to receive comments from the public. Under the Planning Act, a public meeting is required to be held to receive comments from members of the public on the proposed rezoning. Planning staff recommend Council receive comments but defer passing a bylaw until a later Council meeting to allow staff to incorporate any comments that may be received.
“Natural, Vibrant and Growing – a Progressive Rural Leader” 3
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Report to Council Development Services - Planning Submitted/Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: February 11, 2020 Attachments:
- Location Map
- Aerial Photo of Lots 22-32, Plan 13M-56, Kona Crescent, Lyons Landing
- Site Plan Showing Revised House, Well and Septic Layout for Lots 22-32, Plan 13M-56 on Kona Crescent, Lyons Landing, dated January 21, 2020, prepared by Josselyn Engineering
- Draft Zoning By-law Amendment
Approved by: Neil Carbone, CAO
“Natural, Vibrant and Growing – a Progressive Rural Leader” 4
Location of Lyons Landing Plan of Subdivison
Legend Assessment Parcels Settlement Area Citations
3.2
WGS_1984_Web_Mercator_Auxiliary_Sphere © Latitude Geographics Group Ltd.
0
1.59
3.2 Kilometers
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION
Notes
Page 8 of 155
1: 62,657
TOWNSHIP OF SOUTH FRONTENAC
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CARD & GARRISON - APPLICATION FOR REZONING (Z-19-11) KONA CRESCENT - GEOGRAPHIC TOWNSHIP OF STORRINGTON
±
Inset Map:
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25
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Metres
Produced February 6, 2020 by County of Frontenac with data supplied under license by members of the OGDE and ESRI. The County of Frontenac disclaims all responsibility for errors, omissions or inaccuracies in this publication. Inlcudes Material © 2014 of the Queen’s Printer for Ontario. All Rights Reserved.
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1225 GARDINERS ROAD, #105 KINGSTON, ONTARIO K7P 0G3 TEL : 613-634-9278 FAX : 613-634-9138 E-MAIL : mjosselyn@josselyn.ca
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THIS PLAN IS AN ADDENDUM TO THE GRADING PLANS BY TAM ENGINEERING, PREPARED IN SUPPORT OF A ZONING AMENDMENT TO REDUCE THE FRONT YARD DEPTH ON LOTS 22 TO 32 TO 10 METERS.
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OWNER:
1974658 ONTARIO LIMITED
PROJECT:
SEPTIC SYSTEMS REQUIRE A DETAILED DESIGN FOR EACH LOT, BY A LICENSED SEPTIC DESIGNER. SEPTIC SYSTEMS ARE SHOWN CONCEPTUALLY ONLY, BASED ON ECOFLOW PROPRIETARY SYSTEM OR EQUIVALENT.
DETAILED PLOT PLANS FOR INDIVIDUAL LOTS TO BE SUBMITTED FOR TOWNSHIP FOR REVIEW PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, INCLUDING SEPTIC SYSTEM DESIGN.
LYON’S LANDING DRAWING TITLE:
PLAN SHOWING REVISED HOUSE, WELL & SEPTIC LAYOUT FOR LOTS 22-32, PLAN 13M-56 1 : 1000
0
5 10
20
30
40
50
100
Designed By:
Date:
2020-01-21
Drawn By: Checked By:
M.J.
Scale:
1:1000
Project No.
1473
Drawing No.
LG2
Page 10 of 155
5
Page 11 of 155 TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2020-XX Being a by-law to amend By-law 2003-75, as amended, to rezone Lots 22-32, Plan of Subdivision 13M-56, from Residential Special Provision Zone (R-10) to Residential Special Provision Zone (R-30), Kona Crescent, Lyons Landing, District of Storrington, Township of South Frontenac: 1974658 Ontario Limited WHEREAS pursuant to the provisions of the Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; AND WHEREAS By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; AND WHEREAS the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac by its Council, hereby enacts as follows: This by-law shall apply to Lots 22-32, Plan of Subdivision 13M-56, Kona Crescent, Lyons Landing, Storrington District 1.
THAT Schedule “C”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning for Lots 22-32, Plan of Subdivision 13M-56, Kona Crescent, Lyons Landing, Storrington District from Residential Special Provision Zone (R-10) to Residential Special Provision Zone (R-30) for those lands shown on the attached map designated as Schedule “1”.
THAT Zoning By-law Number 2003-75 as amended, is hereby further amended by adding a new section R-30 (Lots 22-32, Plan of Subdivision 13M-56, Kona Crescent, Lyons Landing, Storrington District), to read as follows: R-30 (Lots 22-32, Plan of Subdivision 13M-56, Lyons Landing, District of Storrington) – 1974658 Ontario Limited Notwithstanding any provision of this by-law to the contrary, the lands zoned Special Residential (R-30) Zone shall be used only in accordance with the following: Zone Provisions a. lot frontage (minimum) 55 metres (180.4 ft.) b. front yard setback (minimum) 10 metres (65.6 ft.) c. rear yard setback (minimum) 10 metres (32.8 ft.) d. side yard setback (minimum) 10 metres (32.8 ft.) Determination of Lot Frontage a. Despite the definition of ‘Lot Frontage’ in section 3.111, on the lands zoned R-30, ‘Lot Frontage’ shall mean the distance being measured along a line which is parallel to the front lot line measured at a point equal to the minimum required front yard setback. All other provisions of this By-law shall apply. All other provisions of this by-law shall apply. Dated at the Township of South Frontenac
Page 12 of 155 this XXth day of March, 2020. Read a first and second time this XXth day of March, 2020. Read a third time and finally passed this XXth day of March, 2020. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 13 of 155 Schedule 1
This is Schedule “1” to By-law No. 2020-XX Passed this XXth day of March, 2020
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 14 of 155
REPORT TO COUNCIL Development Services - Planning
Public Meeting Report – Zoning Bylaw Amendment Report Date:
February 27, 2020
Application No:
Z-20-01
Owner:
Steve and Maria McGibbon
Location of Property:
4462 Wilmer Road, Lot 5, Concession 13 being part 1 on Plan 13R17400, District of Loughborough, Township of South Frontenac Purpose of Application: Rezone from Rural (RU-42) to Rural Site Specific Zone (RU-58) Date of Public Meeting: March 3, 2020
Recommendation It is recommended that South Frontenac Council receive comments from the public and pending comments received direct staff to prepare a bylaw to rezone the subject lands from Rural - Temporary Zone (RU-42) to Rural - Special Provision Zone (RU-58) to allow the existing second residential unit to be permitted permanently on the subject property.
Proposal The property at 4462 Wilmer Road is currently zoned Rural – Special Provisions (RU-42). This zoning was put in place in 2010 to permit a second residential unit in an accessory building for a temporary period of 3 years. The owners would like to continue to keep the existing second residential unit on the property. The owners have now submitted an application requesting the zoning change on the property from the existing Rural – Temporary Zone (RU-42) to a new Rural – Special Provision zone (RU-58) to allow them to permanently keep this second residential unit on the property. The property is a 17 acre rural residential property that includes a single detached dwelling, barn, shed and garage. The second residential dwelling is located within the existing garage on the property.
Background The applicants, Steve and Maria McGibbon are applying to Council to permanently permit the second residential unit on their property. The McGibbons went through the process of obtaining a temporary rezoning to permit a second temporary residential unit in 2010. At that time, the McGibbons entered into a development agreement that established the terms and conditions under which they were permitted to have the temporary residential unit. In 2010, the temporary rezoning was permitted for a maximum period of three years. In 2010, three years was the maximum timeframe that was permitted under the Planning Act for a temporary rezoning. Temporary rezonings are often sought when a proposal does not conform to the Official Plan or Zoning By-law because under the Planning Act a temporary rezoning is not subject to the same policy review as a permanent rezoning. It recently came to the attention of the McGibbons that their temporary rezoning expired on March 10, 2013. As the temporary rezoning has expired, the second residential unit is currently in violation of the uses permitted on the property. “Natural, Vibrant and Growing – a Progressive Rural Leader” 1
Page 15 of 155
REPORT TO COUNCIL Development Services - Planning
In 2016, the Province updated the Planning Act to require municipalities to allow second units in designations or zones that permit detached, semi-detached or row houses, as well as in accessory structures provided there is not already a second unit in the primary dwelling. It required municipalities to establish policies in both its Official Plan and Zoning By-law to permit second units as-of-right in areas where there are not servicing limitations, natural hazards, on private roads or atcapacity lakes. While many municipalities (e.g. Tay Valley, City of Kingston, Leeds and Thousand Island), South Frontenac has not yet undertaken such an update. Until the Township updates its planning documents, applicants have to submit a site-specific rezoning application to be permit secondary units. Second units are self-contained residential units with a private kitchen, bathroom facilities and sleeping areas within dwellings or within structures ancillary (e.g. a garage) to a dwelling. Locating a second unit in a garage on a property on a rural property where it can be adequately serviced with private water and septic is consistent with the direction established in 2016 by the Planning Act. The McGibbons have undertaken significant investment in the second residential unit on the property. The residential unit is attached to the garage and is clustered with the existing single detached dwelling on the property. The subject property is a 17 acre rural residential property that is accessed with a year-round Township maintained road. The existing single detached dwelling shares water, hydro and septic services with the second residential unit and is accessed with the same driveway as the existing single detached dwelling on the property. The residential unit is in the centre of a wooded area on the property and has been established a significant distance away from the neighbouring residential properties. Provincial Policy Statement, 2014 The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. Section 1: Building Strong Healthy Communities includes accommodating an appropriate range and mix of residential uses including second units, affordable housing and housing for older persons. The second unit is proposed to providing rental housing within the Township on a lot that is adequately sized to accommodate a second residential unit on a permanent basis. County of Frontenac Official Plan, 2016 The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. Section 5.6.2. of the County of Frontenac Official Plan directs Township Official Plans to permit second units in a detached house, semi-detached house or rowhouse if no building or structure ancillary to the house contains a second residential unit; and further, to allow the use of a residential unit in a building or structure ancillary to a detached house, semi-detached house, or rowhouse if the house contains a single residential unit. Township of South Frontenac Official Plan, 2003 The subject property is designated as Rural in the Township of South Frontenac Official Plan. Policies of the Rural designation speak to permitting development that is consistent with maintaining the Township’s rural, natural heritage, and cultural landscape. Section 5.7 of the Official Plan permits “Natural, Vibrant and Growing – a Progressive Rural Leader” 2
Page 16 of 155
REPORT TO COUNCIL Development Services - Planning
limited non-agricultural residential development to provide a variety of living accommodation for residents in the Township. The septic system on the property has been designed to accommodate both the current single detached dwelling on the property and the second residential unit in the converted garage. The placement of the second unit in proximity to the existing single detached dwelling eliminates the concern may exist to create pressure for a future severance. Township of South Frontenac Comprehensive Zoning Bylaw, 2003 The property is zoned Rural – Temporary Zone (RU-42) in the Township of South Frontenac Comprehensive Zoning Bylaw. This is a temporary zoning that permitted a second residential unit on the property from 2010-2013. The second residential unit continues to exist on the subject property and is approximately 640 square feet in size. With the changes made to the Planning Act in 2016, the McGibbons are now requesting the Township permit the second residential unit on the property on a permanent basis. The second residential unit is approximately 640 square feet in size and is attached to the garage on the property. The structure complies with the lot coverage and setback provisions of the RU zone for accessory structures and is a compatible use on a large rural residential property. It is recommended the Rural – Special Provision (RU-58) zone establish setbacks from the front lot line and side lot line to ensure if the second unit was replaced, that it be established in the same location as it is currently situated on the subject property.
Agency Analysis and Comments KFL&A Public Health – A permit was obtained from Public Health for the septic system when the second residential unit was installed in 2010. No changes are proposed to the second residential unit as a result of this application. As such, KFL&A Public Health were not circulated this application. CRCA – CRCA was not circulated as there are no natural hazards or natural heritage features on the property requiring CRCA review.
Public Comments At the time of writing, no formal comments have been received from the public. The intent of the public meeting is to receive comments from the public. Under the Planning Act, a public meeting is required to be held to receive comments from citizens on the proposed rezoning. With the information presented, planning staff are recommending that Council receive comments but defer passing a bylaw until a later Council meeting to allow staff to incorporate comments received. Submitted/approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: February 11, 2020 Attachments:
- Location Map of 3967 Greenfield Road
- Z-20-01 (McGibbon) - Sketch
- Draft Zoning By-law Amendment Approved by: Neil Carbone, CAO “Natural, Vibrant and Growing – a Progressive Rural Leader” 3
Z-20-01 - McGibbon - Location Map
Legend Assessment Parcels Citations
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Page 17 of 155
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Page 19 of 155
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2020 - XX Being a by-law to amend By-law Number 2003-75, as amended, to rezone land from Rural – Temporary Zone (RU-42) to Rural – Special Provision Zone (RU-58) on lands described as 4462 Wilmer Road, Lot 5, Concession 13 being part 1 on Plan 13R17400, District of Loughborough: McGibbon WHEREAS pursuant to the provisions of the Section 34 of the Planning Act, RSO 1990 as amended, the Council of a Municipality may enact by-laws regulating the use of land and the erection, location and use of buildings and structures thereon; AND WHEREAS By-law 2003-75 being the Zoning By-law regulates the use of land and the erection, location and use of buildings and structures within the Township of South Frontenac; AND WHEREAS the Council of the Corporation of the Township of South Frontenac considered all written and oral submissions received on this application, the effect of which helped Council make an informed decision; NOW THEREFORE, the Council of the Corporation of the Township of South Frontenac by its Council, hereby enacts as follows: 1.
THAT Schedule “B”, to Zoning By-law Number 2003-75 as amended, is hereby further amended by changing the zoning from Rural Exception Zone (RU-42) to Rural Exception Zone (RU-58) for the lands shown on Schedule “1”.
THAT Rural Exception Zone (RU-42) be hereby deleted
THAT Zoning By-law Number 2003-75 as amended, is hereby further amended by adding a new section RU-58 (Lot 5, Concession 13 being part 1 on Plan 13R17400, District of Loughborough), to read as follows: RU-58 (Lot 5, Concession 13 being part 1 on Plan 13R17400, District of Loughborough – McGibbon) Notwithstanding any provision of this by-law to the contrary, the lands zoned Special Rural Commercial (RU-58) shall be permitted a second residential unit with a maximum gross floor area of 59 square metres (640 sq.feet) in a detached accessory structure. For the purpose of this subsection a second residential unit shall mean an accessory building which contains one or more habitable rooms designed and occupied as an independent dwelling in which living, kitchen and bathroom facilities are provided and which is located on the same lot as a single detached dwelling. The second dwelling unit or second dwelling shall share the driveway entrance to the lot with the principal dwelling. The second residential unit shall share a well and septic system with the principal dwelling. The detached accessory structure containing the second residential unit shall be setback a minimum of 54m from the front lot line and a minimum of 16m from the side lot line.
THIS BY-LAW shall come into force in accordance with Section 34 of the Planning Act, 1990, as amended, either upon the date of passage or as otherwise provided by said section 34.
Page 20 of 155 Dated at the Township of South Frontenac this __th day of March, 2020. Read a first and second time this __th day of March, 2020. Read a third time and finally passed this __th day of March, 2020. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 21 of 155 Schedule 1 This is Schedule “1” to By-law No. 2020- __
Passed this ___ DAY OF MARCH, 2020 MAYOR________________________________________________ CLERK________________________________________________
Page 22 of 155 Minutes of Council February, 18, 2020 Time: 7:00 PM Location: Council Chambers
Meeting # 5 Present: Mayor Ron Vandewal, Pat Barr, Ray Leonard, Doug Morey, Alan Revill, Norm Roberts, Randy Ruttan, Ron Sleeth, Ross Sutherland Staff: Neil Carbone - Chief Administrative Officer, Claire Dodds - Director of Development Services, Louise Fragnito - Director of Corporate Services/Treasurer, Mark Segsworth - Director of Public Services Manager, Angela Maddocks, Clerk. 1.
Call to Order
a)
Resolution Resolution No. 2020-5-01 Moved by Councillor Ruttan Seconded by Councillor Revill That the Council meeting of February 18, 2020 be called to order at 7:00 p.m. Carried
Declaration of pecuniary interest and the general nature thereof
a)
Councillor Leonard declared a pecuniary interest with respect to Agenda Item 13 a), the Accounts Payable and Payroll Listing.
Approval of Agenda
a)
Resolution Resolution No. 2020-5-02 Moved by Councillor Ruttan Seconded by Councillor Revill That the agenda for the February 18, 2020 Council meeting be approved as presented. Carried
Scheduled Closed Session - not applicable
Recess - not applicable
Delegations
a)
Congratulatory Presentation to Dr. Duncan Sinclair on his appointment to the Order of Canada On behalf of Council and the Township of South Frontenac, Mayor Vandewal presented Dr. Duncan Sinclair with a certificate to acknowledge his appointment to the Order of Canada for his contributions to the Canadian health-care system as a teacher, university administrator and advisor, and for his leadership in health care reform in Ontario. Mayor Vandewal noted that locally, Dr. Sinclair as a member of the Buck Lake Association has been involved in the annual Buck Lake Boatilla, a fundraiser to send children to the Easter Seals Camp Merrywood and has been a strong supporter of his local
Page 23 of 155 Minutes of Council February, 18, 2020 community. Dr. Duncan Sinclair expressed his gratitude for the township recognition and acknowledged the wonderful community of South Frontenac. b)
Joanne Silver, Coordinator of Meals Program, SFCSC, re: Meals Community Champions Week Joanne Silver, Meals on Wheels Coordinator, explained that March for Meals has been happening across North America since 2002 and it’s a campaign that brings together community organizations, businesses, all levels of government and area residents to help raise awareness about the importance of nutrition for older adults, the impact of community Meals on Wheels programs, food insecurity and social isolation of seniors. Southern Frontenac Community Services volunteers delivered 8,000 hot and cold meals in 2019. This is an opportunity to meet seniors it the community and provide valuable human connections. She invited Councillors to take part in March for Meals Community Champions Week on either March 17 or 19. Council was encouraged to contact her directly to ride along with the volunteers and get a first hand account of this program in the community. Deputy Mayor Sutherland noted that he had participated last year and it was a great experience. He found the volunteer drivers to be very friendly. Councillor Sleeth inquired about the time frame for participating on March 17 and 19. Mayor Vandewal indicated that he had helped out last year with meal preparation and he was surprised at the area in which the meals are distributed. He thanked Ms. Silver for her presentation and encouraged fellow Council members to contact Joanne directly if they are able to participate.
Public Meeting - not applicable
Approval of Minutes
a)
February 4, 2020 Council Meeting Resolution No. 2020-5-03 Moved by Councillor Revill Seconded by Councillor Ruttan That the minutes of the February 4, 2020 Council meeting be approved. Carried
Business Arising from the Minutes
a)
Z-19/13 - Rezone Concession 8, Part Lots 15 and 16, Parts 1 to 3, Hewett Lane, Dog Lake. See By-law 2020-07
Reports Requiring Action
a)
South Frontenac Fire and Rescue - Volunteer Fire Fighter Wages See By-law 2020-08
b)
Credit Card Use Policy Resolution No. 2020-5-04
Page 2 of 6
Page 24 of 155 Minutes of Council February, 18, 2020 Moved by Councillor Revill Seconded by Councillor Ruttan That Council approve the revised Credit Card Use Policy attached to the report dated February 18, 2020 and authorize the Director of Corporate Services & Treasurer to implement the changes. Carried c)
Main Street Revitalization - Funding Allocation Resolution No. 2020-5-05 Moved by Councillor Sleeth Seconded by Councillor Morey That Council approve Village Entrance Signs, Heritage Street Name Blades, Sydenham Business Signage and Street Furniture as initiatives to be funded by the Township’s Main Street Revitalization grant. Carried
d)
By-law Enforcement Contract Extension Resolution No. 2020-5-06 Moved by Councillor Sleeth Seconded by Councillor Morey That Council extend the contract with Frontenac Municipal Law Enforcement to April 30, 2020. Carried
e)
Regional Service Delivery Review Resolution No. 2020-5-07 Moved by Councillor Sleeth Seconded by Councillor Morey That Council award the contract for the Regional Service Delivery Review to Strategy Corp in the amount of $201,043 exclusive of HST. Carried
Committee Meeting Minutes - not applicable
By-laws
a)
By-law 2020-07 - Rezoning - Hewett Lane - Dog Lake Resolution No. 2020-5-08 Moved by Councillor Sleeth Seconded by Councillor Morey That the following by-laws be given first and second reading: • By-law 2020-07 • By-law 2020-08 Carried Resolution No. 2020-5-09 Moved by Councillor Leonard Seconded by Councillor Roberts That By-law 2020-07, being a by-law to amend By-law 2003-75 as amended, to rezone land from Resort Recreational Commercial Exception 4 (RRC-4) to Limited Services Residential (RLSW), Concession 8, Part Lots 15 and 16, District of Storrington, be given third reading, signed and sealed. Carried
b)
By-law 2020-08 - Amend By-law 2018-56 - Fire Fighter Wage
Page 3 of 6
Page 25 of 155 Minutes of Council February, 18, 2020 Resolution No. 2020-5-10 Moved by Councillor Roberts Seconded by Councillor Leonard That By-law 2020-08, being a by-law to amend By-law 2018-56, Appendix E, be given third reading, signed and sealed. Carried 13.
Reports for Information
a)
Accounts Payable and Payroll Listing
b)
2019 Statement of Remuneration and Expenses paid to Council members
c)
Investment Update
Information Items
a)
KFL& A Public Health - Termination of service provision under Part 8 of the Building Code Act Deputy Mayor Sutherland was happy to see that Public Health is giving up this service and felt it was a great opportunity to integrate this service into our Building Department.
b)
Prince Edward County - Council Support for Quinte Conservation Authority
c)
Municipality of Chatham-Kent - Support for Conservation Authorities
Notice of Motions
a)
Mayor Vandewal served a notice of motion that staff provide a report on how South Frontenac will provide the Part 8 of the Building Code in-house as a preferred option.
Announcements/Statements by Councillors
a)
Councillor Revill congratulated fellow Council members, staff and volunteers on their participation in making Family Day 2020 such a success.
b)
Councillor Leonard also commended fellow Council members on helping out at the Family Day event and noted his opportunity to experience the “ice-stock” sport.
c)
Deputy Mayor Sutherland commended both Public Services and Fire Services staff for their assistance with the Kids Fishing Derby held on Sydenham Lake on February 17. Having the rescue boat was a great educational opportunity. He noted that there were about 150 kids in attendance.
d)
Mayor Vandewal commended all those who were involved in organizing and providing these events on Family Day weekend. He received lots of positive comments about these free events for the community.
Question of Clarity (from the public on outcome of agenda items)
a)
With respect to Agenda Item 10 c) and proposed benches as part of the Main Street Revitalization Funding, Wilma Kenny commented on how hot metal benches can be during the summer months. Mark Segsworth explained that these benches will be what is recommended when community groups want to fundraise or donate benches for the
Page 4 of 6
Page 26 of 155 Minutes of Council February, 18, 2020 community. The metal benches are the most durable. 18.
Closed Session
a)
As permitted by the Municipal Act, Section 239.2 (b), Council will move into closed session to discuss personal matters about an identifiable individuals (2), including municipal or local board employees and to approve minutes of previous closed sessions. Resolution No. 2020-5-11 Moved by Councillor Leonard Seconded by Councillor Roberts That Council move into closed session as permitted by the Municipal Act, Section 239.2 (b) to discuss personal matters about an identifiable individual, including municipal or local board employees and to approve minutes of previous closed session meetings. Carried
b)
Personal Matters about an Identifiable Individuals (2 separate Verbal Reports)
c)
Minutes of November 5, 2019 and January 14, 2020 Closed Session meetings
d)
Resolution Resolution No. 2020-5-13 Moved by Deputy Mayor Sutherland Seconded by Councillor Barr That Council move out of closed session. Carried
Confirmatory By-law
a)
By-law 2020-09 Resolution No. 2020-5-14 Moved by Councillor Barr Seconded by Deputy Mayor Sutherland That By-law 2020-09 being a by-law to confirm generally previous actions of the Council of the Township of South Frontenac, be given first and second reading this 18 day of February 2020. Carried Resolution No. 2020-5-15 Moved by Deputy Mayor Sutherland Seconded by Councillor Barr That By-law 2020-09 being a by-law to confirm generally previous actions of the Council of the Township of South Frontenac be given third reading, signed and sealed this 18 day of February 2020. Carried
Adjournment
a)
Resolution Resolution No. 2020-5-16 Moved by Councillor Barr Seconded by Deputy Mayor Sutherland That the Council meeting of February 18, 2020 be adjourned at 7:46 p.m. Carried
Page 5 of 6
Page 27 of 155 Minutes of Council February, 18, 2020
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 6 of 6
Page 28 of 155
REPORT TO COUNCIL CLERK’S DEPARTMENT
AGENDA DATE:
March 3, 2020
SUBJECT: Notice of Motion – Provision of Part 8 of the Ontario Building Code RECOMMENDATION: Whereas KFL & A Public Health have provided notification of their intent to terminate the agreement to carry out the municipality’s responsibility for sewage systems under the Ontario Building Code Act and attendance regulations effective January 1, 2021; And whereas the Township of South Frontenac recognizes the importance of protecting the environment and the installation and monitoring of septic systems; And whereas the Township of South Frontenac recognizes the requirement to provide this service; And whereas the overarching priorities in the Township’s Strategic Plan include
- Promote and support growth that meets the community’s needs while maintaining the integrity of the natural environment; 2) Ensure the organizational capacity to deliver cost-effective services in a changing world; and, 3) Position South Frontenac as a regional leader; Be it resolved that the Council of the Township of South Frontenac request that staff provide a report that considers the Township’s capacity to administer Part 8 of the Building Code (septic inspections) in-house, with consideration for associated costs, including training, physical space, data from KFL&A Public Health and other implications. BACKGROUND: Council’s Procedural By-law 2017-76 establishes the process for Notice of Motion. At the Council Meeting of February 18, 2020, Mayor Vandewal served a notice of motion that staff provide a report that provides details on the whether or not the Township of South Frontenac Development Services Department has the capacity to provide inspections and approvals for Part 8 of the Ontario Building Code. A notice of motion requires a seconder at the next regular Council meeting. If seconded, the motion is debated and voted on. FINANCIAL/STAFFING IMPLICATIONS: None at this time. ATTACHMENTS: n/a.
Submitted/approved by:
Approved by:
Angela Maddocks, Clerk
Neil Carbone, CAO
Natural, Vibrant and Growing – a Progressive Rural Leader
Page 29 of 155
REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT AGENDA DATE:
March 3, 2020
REPORT DATE:
March 3, 2020
SUBJECT:
Assumption of Road Widenings
RECOMMENDATION: THAT Council pass By-law # 2020-10 to assume road widenings as part of common highways. BACKGROUND: As consent applications are approved to create new lots in the Township, owners are sometimes required to dedicate land for road widening purposes where the subject land abuts a public road. Planning staff needs to confirm that the road widening has been registered and transferred to the municipality before final approval of a consent is given. Attachment #1 hereto indicates where certain lands have been dedicated to the Township as a condition of consent approval - now to be assumed. The ownership of the road widenings shown on the attachment have already been transferred to the Township, but they still need to be assumed as part of the system of public highways. By-law #2020-10 would so assume these road widenings. By-law 2020-10 includes road widenings that have been deeded to the Township since January, 2019 (the date of the previous road widening by-law). It also includes two road widenings that had been requested to be assumed by a lawyer representing property owners where road widening had been deeded to the Township many years ago but had not officially been assumed by the Township through a by-law. FINANCIAL/STAFFING IMPLICATIONS: N/A ATTACHMENTS: Attachment 1:
Location maps showing road widenings to be assumed through By-law 2020-10. Maps are ordered to correlate with the numbered list of road widenings in the by-law. For example: Attachment #1 – see #1, By-law 2020-10 shows the location of the first road widening listed in By-law 2020-10.
Attachment 2:
By-law 2020-10 Assumption of Road Widenings as Public Highway
Prepared by:
Michelle Hannah, Planning Assistant
Submitted/approved by: Claire Dodds, Director of Development Services Approved by:
Neil Carbone, CAO
“Natural, Vibrant and Growing – a Progressive Rural Leader”
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Page 45 of 155
Page 46 of 155
REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT
AGENDA DATE:
March 3, 2020
REPORT DATE:
February 27, 2020
SUBJECT:
Municipal Land Management Software: Land Development and Building Permitting
RECOMMENDATION: That Council award the contract for the Municipal Land Management Software to Harris/CityView in the amount of $216,377 exclusive of HST. That Council approve the updated project budget for 2020/21. And that the 2020 Township portion of the project be funded from the Building Reserve in the amount of $31,354 and from the Working Funds Reserve (Modernization Grant) in the amount of $47,257. BACKGROUND: As part of the two-year project, “Open for Business South Frontenac: Streamlining Development Approvals for Rural Economic Growth”, the Development Services Department issued an RFP for a software package that would integrate technology, planning and building approvals with the municipality’s GIS system, allowing for the following:
Improve responsiveness of staff to meet information needs of businesses and the public when looking to purchase/building on properties in a very competitive real estate market. Automate the creation of planning and building notices/letters and reports. Implement mobile technology (tablets/software) for building inspectors to reduce duplication of efforts in the office/field, provide clients and contractors with quick access to reports and approvals electronically to speed up construction and reduce barriers, helping contractors secure trades and business timing/market needs. Integrate digital permitting information with the existing GIS (ESRI) system. The capacity to facilitate on-line submission of applications in the future.
The goal of this project is to procure an integrated, planning and building approvals/permitting system that is reliable, affordable and flexible enough to provide the Township with the ability to expand its capability in the future. Results of the RFP The RFP was issued on January 20, 2020 and closed February 5th, 2020. Three proposals were received. One proposal did not meet the specifications required. The remaining two proposals met the Township’s specifications and were selected for an interview. The chart below summarizes the scoring of the two valid submissions (out of 100): Avocette
Harris/CityView
75
88
“Natural, Vibrant and Growing – a Progressive Rural Leader” 1
Page 47 of 155
REPORT TO COUNCIL DEVELOPMENT SERVICES DEPARTMENT
CityView scored the highest and was also the lowest cost submission. CityView is an out-of-the-box software solution that has the ability to meet the needs of Development Services by providing both a planning and building module that can integrate and streamline the workflow of the Department. It also provides the ability to easily add a module in the future to allow citizens to submit building and planning applications on-line. CityView has a significant amount of experience implementing land management software solutions for an increasing number of Ontario municipalities. Local municipalities currently using CityView include: Belleville, Cornwall, Town of Greater Napanee, Quinte West, and Loyalist Township. FINANCIAL IMPLICATIONS: The cost of the software contract is $216,377 exclusive of HST. The project was included in the 2020 budget under Planning/Building Software & support which included the software implementation, a contract staff person for the project and other IT costs. Below is a breakdown of the budgeted project:
2020 Budget Reserves 275,416 31,354
Other 244,062
2021 Budget Reserves 65,000 65,000
Other 0
Total Project Reserves 340416 96,354
Other 244,062
The Township was successful in its applications to both the RED and RIIEO programs for grants totalling $205,562. Based on the confirmed funding amounts and the Software RFP, below are the updated project costs: 2020 Budget Reserves 259,796 78,611
Other 181,186
2021 Budget Reserves 65,004 40,628
Other 24,377
Total Project Reserves 324,800 119,238
Other 205,562
The Township’s 2020 share of the project is $78,611 instead of $31,354. The project will also require Township funding in 2021 in the amount of $40,628 instead of $65,000, which will be included in the 2021 budget. Overall this represents a net increase of $22,884 to the Township’s share over 2020 and 2021. It is recommended that the 2020 portion be funded from the building reserve and Modernization fund (in Working Funds). An amount of $31,354 would be from the Building Reserve and $47,257 from Working Funds. Overall, 63% of the project is being funded through grants with the remaining 37% from reserves. ATTACHMENTS: None Prepared by:
Claire Dodds, Director of Development Services Louise Fragnito, Director of Corporate Services
Approved by:
Neil Carbone, CAO
“Natural, Vibrant and Growing – a Progressive Rural Leader” 2
Page 48 of 155
REPORT TO COUNCIL Office of the Chief Administrative Officer AGENDA DATE:
March 3, 2020
REPORT DATE:
February 27, 2020
SUBJECT:
Approve Transfer Payment Agreement (TPA) with the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA)
RECOMMENDATION: That Council pass a by-law to authorize the Mayor and Clerk to execute a Transfer Payment Agreement (TPA) with the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) for funding in support of the Township’s “Open for Business South Frontenac: Streamlining Development Approvals for Rural Economic Growth” project, through the Rural Economic Development (RED) Program. BACKGROUND: On September 6, 2019, the Township submitted an application for Rural Economic Development (RED) funding to acquire development permitting software, temporary staffing and other customer service and productivity technologies aimed at streamlining the development approvals process for the Township. The application was recently approved in the full amount of $139,208.00. The “Open for Business South Frontenac: Streamlining Development Approvals for Rural Economic Growth” initiative is meant to improve and enhance the planning and building approval processes through new technology implementation and regional partnerships. The project will involve:
Implementation of a new Development Permitting and CMS software solution which will pull planning and building files together within one system Implement mobile technology (tablets/software) for building inspectors to reduce duplication of efforts in the office and in the field, provide clients with quick access to reporting electronically and ensure all data is being captured electronically within the new permitting system Integrate permitting information with the County’s existing GIS (ESRI) system Make a larger amount of GIS information publicly available through webbased viewers to aid developers, businesses and residents Hire a temporary, Full-time employee for a two-year period to assist in the implementation of the new technology, the input of existing information and as a liaison between the Township and County for integration of GIS, etc. Utilize part-time in-kind services of the County’s own continuous improvement planning intern to assist in the project
South Frontenac is anticipated to receive 80% of the projected population growth within the County over the next 25 years, and given its proximity to the City of Kingston, is in a position to accommodate growing demands for small and medium sized enterprise expansion and workforce housing needs. DISCUSSION/ANALYSIS: The Township of South Frontenac is the designated Lead on this project with the County as a co-applicant and contributor ($5,000 cash and additional in-kind support). All funding will flow through the Township and the Township will be “Natural, Vibrant and Growing – a Progressive Rural Leader” 1
Page 49 of 155
REPORT TO COUNCIL Office of the Chief Administrative Officer responsible for all aspects of the project including grant reporting, procurement, and the hiring of a temporary employee to oversee software implementation, data input and integration with other systems. Council’s authorization of the attached TPA is required in order to execute the Agreement with OMAFRA for this funding. FINANCIAL IMPLICATIONS: The project was included in the 2020 budget under Planning/Building Software & support. It includes the cost of software implementation, a contract staff person for the project and other IT/equipment costs. The total project cost is now estimated at $324,800 over two years (down slightly from the budgeted amount of $340,416). 63% of the project costs are funded by two grant programs – the Rural Economic Development (RED) Program ($139,208) and the Rural Innovation Initiative for Eastern Ontario (RIIEO) program ($66,354), with the remaining 37% being funded from the Township’s reserves ($119,238). Executing this transfer payment agreement allows the Township to submit grant claims to OMAFRA for 50% of eligible expenses up to the $139,208 maximum funding amount. ATTACHMENTS:
Rural Economic Development Program Transfer Payment Agreement
Submitted/approved by: Neil Carbone, CAO
“Natural, Vibrant and Growing – a Progressive Rural Leader” 2
Page 50 of 155
RED5-09115
RURAL ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Agriculture, Food and Rural Affairs (the “Province”)
- and THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC CRA # 871323895 THE CORPORATION OF THE COUNTY OF FRONTENAC (the “Recipient”)
I.
BACKGROUND
The Recipient has applied to the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) for funding under the Rural Economic Development (RED) program to assist the Recipient in carrying out the project. The Recipient intends to carry out the Project under the Program. The Province wishes to provide Funds to the Recipient for the Project. II. CONSIDERATION In consideration of the mutual covenants and agreements contained in this agreement (the ³Agreement´ and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged, the Province and the Recipient (the ³Parties´ agree as follows: III. ENTIRE AGREEMENT This Agreement, including: Schedule ³A´±General Terms and Conditions, Schedule ³B´±Operational Requirements and Additional Terms and Conditions, Schedule ³C´±Project Description, Schedule ³D´±Project Financial Information, Schedule ³E´±Reporting, and any amending agreement entered into as provided below, constitute the entire agreement between the Parties with respect to the subject matter contained in this Agreement and supersede all prior oral or written representations and agreements. IV. COUNTERPARTS This 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. V. AMENDING AGREEMENT This Agreement may only be amended by a written agreement duly executed by the Parties. 1 of 34
Page 51 of 155
RED5-09115
VI. ACKNOWLEDGEMENT The Recipient: (a) acknowledges that it has read and understands the provisions contained in the entire Agreement; and (b) agrees to be bound by the terms and conditions in the entire Agreement. IN WITNESS WHEREOF the Parties have executed this Agreement on the dates set out below.
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of Agriculture, Food and Rural Affairs
Name: Title:
Carolyn Hamilton Director, Rural Programs Branch
Date:
I have the authority to bind the Crown pursuant to delegated authority.
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Name:
Angela Maddocks
Title:
Clerk
Name:
Ron Vandewal
Title:
Mayor
Date:
Date:
I/We have authority to bind the Recipient.
2 of 34
Page 52 of 155
RED5-09115
THE CORPORATION OF THE COUNTY OF FRONTENAC
Name:
Frances Smith
Title:
Warden
Name:
Jannette Amini
Title:
Clerk
Date:
Date:
3 of 34
Page 53 of 155
RED5-09115
SCHEDULE ³A´ GENERAL TERMS AND CONDITIONS
ARTICLE 1 INTERPRETATION AND DEFINITIONS 1.1 Interpretation. For the purposes of interpreting the Agreement: (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 this Agreement; they are for reference purposes 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) Any reference to a statute means a statute of the Province of Ontario, unless otherwise indicated; (f) Any reference to a statute is to that statute and to the regulations made pursuant to that statute as they may be amended from time to time and to any statute or regulations that may be passed that have the effect of supplanting or superseding that statute or regulation unless a provision of the Agreement provides otherwise; (g) All accounting terms will be interpreted in accordance with the Generally Accepted Accounting Principles and all calculations will be made and all financial data to be submitted will be prepared in accordance with the Generally Accepted Accounting Principles; and (h) The words ³include´³includes´and ³including´denote that the subsequent list is not exhaustive. 1.2 Definitions. In the Agreement, the following terms will have the following meaning: ³Additional Terms And Conditions´means the terms and conditions referred to in section 8.1 of Schedule ³A´of this Agreement and specified in section B.2 of Schedule ³B´of this Agreement. ³Arm¶s Length´has the same meaning as set out in the Income Tax Act (Canada) as it read on the Effective Date of this Agreement, and as treated or defined under Generally Accepted Accounting Principles. ³Auditor General´means the Auditor General of Ontario and/or the Auditor General of Canada, depending on the context. ³BPSAA´means the Broader Public Sector Accountability Act, 2010. ³Budget´means the budget attached as section D.3 of Schedule ³D´of this Agreement. ³Business Day´means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year¶s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province is closed for business. ³Claim Submission Deadline´means the date or dates set out under section D.4 of Schedule ³D´ of this Agreement. ³Contract´means an agreement between the Recipient and a third-party whereby the third-party agrees to provide a good or service for the Project in return for financial consideration that may be claimed by the Recipient as an Eligible Cost. 4 of 34
Page 54 of 155
RED5-09115
³Cost-Share Funding Percentage´means the percentage the Province will pay toward the Recipient¶s Eligible Costs, as set out under section D.1.1 of Schedule ³D´of this Agreement. ³Incurred´in relation to costs, means a cost that a Recipient has become liable for, regardless whether actual payment has occurred (i.e., the Recipient has received the goods or services). ³Effective Date´means the date on which this Agreement is effective, as set out under section B.1.1 of Schedule ³B´of this Agreement. ³Eligible Costs´means those costs set out under section D.6 of Schedule ³D´of this Agreement. ³Event of Default´has the meaning ascribed to it in section 14.1 of Schedule ³A´of this Agreement. ³Expiration Date´means the date on which this Agreement will expire, as set out under section B.1.2 of Schedule ³B´of this Agreement, unless amended or terminated prior to this date in accordance with the terms and conditions of this Agreement. ³FAA´means the Financial Administration Act. ³Failure´means a failure to comply with any term, condition, obligation under any other agreement that the Recipient has with Her Majesty the Queen in Right of Ontario or one of Her agencies. ³Final Report´means a final Report on the Project in the form set out in Schedule ³E.2´of this Agreement. ³FIPPA´means the Freedom of Information and Protection of Privacy Act. ³Funding Year´means: (a) In the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31, the Expiration Date, or the termination of this Agreement, whichever comes first; 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, the Expiration Date, or the termination of this Agreement, whichever comes first. ³Funds´means the money the Province provides to the Recipient pursuant to this Agreement. ³Guidelines´means any written documents setting out the criteria governing the operation of the Program. ³Holdback´means the amount set out under section D.1.3 of Schedule ³D´of this Agreement. ³Indemnified Parties´means Her Majesty the Queen in Right of Ontario, Her Ministers, agents, appointees and employees. ³Ineligible Costs´means those costs set out under section D.7 of Schedule ³D´of this Agreement. ³Maximum Funds´means the maximum amount of Funds the Province will provide to the Recipient under this Agreement, as set out under section D.1.2 of Schedule ³D´of this Agreement. ³MFIPPA´means the Municipal Freedom of Information and Protection of Privacy Act. ³Notice´means any communication given or required to be given pursuant to this Agreement. ³Notice Period´means the period of time within which the Recipient is required to remedy an Event of Default, and includes any such period or periods of time by which the Province considers it reasonable to extend that time. ³Party´means either the Province or the Recipient, unless the context implies otherwise. ³Program´means the program created by the Province entitled Rural Economic Development Program under Order-in-Council 201/2011, as amended.
5 of 34
Page 55 of 155
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³Progress Update and Claim Statement´means a Report on the progress of the Project and claim for payment of all or a portion of the Funds in the form set out in Schedule ³E.1´of this Agreement. ³Project´means the undertaking described in Schedule ³C´of this Agreement. ³Project Approval Date´means the date set out in section B.1.3 of Schedule ³B´of this Agreement. ³Project Completion Date´means the date that the Recipient must complete its Project under this Agreement, as set out in section B.1.4 of Schedule ³B´of this Agreement. ³PSSDA´means the Public Sector Salary Disclosure Act, 1996. ³Reports´means the reports set out under Schedule ³E´of this Agreement. ³Requirements of Law´means all applicable statutes, regulations, by-laws, ordinances, codes, official plans, rules, approvals, permits, licenses, authorizations, orders, decrees, injunctions, directions and agreements with all authorities that now or at any time hereafter may relate to the Recipient, the Project, the Funds and this Agreement. Without limiting the generality of the foregoing, if the Recipient is subject to the BPSAA, the PSSDA or any other type of broader public sector accountability legislative provisions, those broader public sector accountability legislative provisions are deemed to be a Requirement of Law. ³Term´means the period of time beginning on the Effective Date of this Agreement and ending on the Expiration Date or the termination of this Agreement, whichever is shorter. 1.3
Conflict. Subject to section 8.1 of Schedule ³A´of this Agreement, in the event of a conflict between this Schedule ³A´of the Agreement and any other Schedule of this Agreement, the terms and conditions set out under this Schedule ³A´of the Agreement will prevail. ARTICLE 2 REPRESENTATIONS, WARRANTIES AND COVENANTS
2.1 General. The Recipient represents, warrants and covenants that: (a) It is, and will continue to be for the Term of this Agreement, an eligible applicant as described in the Guidelines with full power to fulfill its obligations under this Agreement; (b) It has, and will continue to have for the Term of this Agreement, the experience and expertise necessary to carry out the Project; (c) It has the financial resources necessary to carry out the Project and is not indebted to any person(s) to the extent that that indebtedness would undermine the Recipient¶s ability to complete the Project by the Project Completion Date; (d) It is in compliance with all Requirements of Law and will remain in compliance with all Requirements of Law for the Term related to any aspect of the Project, the Funds or both for the term of this Agreement; and (e) Unless otherwise provided for in this Agreement, any information the Recipient provided to the Province in support of its request for Funds, including any information relating to any eligibility requirements, was true and complete at the time the Recipient provided it. 2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) The full power and authority to enter into this Agreement; and (b) Taken all necessary actions to authorize the execution of this Agreement.
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2.3 Governance. The Recipient represents, warrants and covenants that it has, and will maintain, in writing, for the term of this Agreement: (a) A code of conduct and ethical responsibilities for all persons at all levels of the Recipient¶s organization; (b) Procedures to ensure the ongoing effective functioning of the Recipient; (c) Decision-making mechanisms for the Recipient; (d) Procedures to enable the Recipient to manage the Funds prudently and effectively; (e) Procedures to enable the Recipient to successfully complete the Project; (f) Procedures to enable the Recipient to, in a timely manner, identify risks to the completion of the Project and develop strategies to address those risks; (g) Procedures to enable the preparation and delivery of all Reports required under this Agreement; and (h) Procedures to enable the Recipient to deal with such other matters as the Recipient considers necessary to ensure that the Recipient carries out its obligations under this Agreement. 2.4 Supporting Documentation. Upon request, and within the time period indicated in the Notice, the Recipient will provide the Province with proof of the matters referred to in this Article 2 of Schedule ³A´of this Agreement. 2.5 Additional Covenants. The Recipient undertakes to advise the Province within five (5) Business Days of: (a) Any changes that affect its representations, warranties and covenants under sections 2.1, 2.2 or 2.3 of Schedule ³A´of this Agreement during the Term of the Agreement; and (b) Any actions, suits or other proceedings which could or would reasonably prevent the Recipient from complying with the terms and conditions of this Agreement. ARTICLE 3 FUNDS AND CARRYING OUT THE PROJECT 3.1 Funds Provided. The Province will: (a) Provide Funds to the Recipient up to the Maximum Funds, based on the Cost-Share Funding Percentage, for the sole purpose of carrying out the Project; (b) Provide the Funds to the Recipient in accordance with section D.5 of Schedule ³D´of this Agreement provided that the Recipient makes claims for payment of Funds in accordance with section D.5 of Schedule ³D´of this Agreement; (c) Provide funding as long as the total combined amount of provincial and federal assistance for the Eligible Costs actually incurred and paid by the Recipient do not exceed ninety per cent (90%) of those costs; and (d) Deposit the Funds into an account designated by the Recipient, provided that account: (i)
Resides at a Canadian financial institution, and
(ii)
Is in the name of the Recipient.
3.2 Limitation On Payment Of Funds. Despite section 3.1 of Schedule ³A´of this Agreement: (a) The Province is not obligated to provide any Funds to the Recipient until the Recipient provides the insurance certificate or other proof as the Province may request pursuant to section 11.2 of Schedule ³A´of this Agreement; 7 of 34
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(b) The Province is not obligated to provide any Funds until it is satisfied with the progress of the Project; (c) The Province may adjust the amount of Funds it provides to the Recipient without liability, penalty or costs in any Funding Year based upon the Province¶s assessment of the information provided by the Recipient pursuant to Article 6 of Schedule ³A´of this Agreement; (d) If, pursuant to the FAA, the Province does not receive the necessary appropriation from the Ontario Legislature for payment under this 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 without liability, penalty or costs; or (ii) Recover Funds already paid to the Recipient; or Terminate the Agreement pursuant to section 13.1 of Schedule ³A´of this Agreement; (e) The Province shall impose a Holdback on any payment of Funds and will not be obligated to pay that Holdback to the Recipient until after the Province approves the Recipient¶s Final Report pursuant to Article 6 of Schedule ³A´of this Agreement; and (f) The Province is not obligated to pay interest on the Holdback as described in (e) or any other payments under this Agreement. (iii)
3.3 Use Of Funds And Project. The Recipient will: (a) Carry out the Project in accordance with the terms and conditions of this Agreement; (b) Complete the Project by the Project Completion Date; (c) Not use the Funds for Ineligible Costs; (d) Use the Funds only: (i)
for Eligible Costs that are necessary for the purposes of carrying out the Project; and (ii) for those activities set out in section D.3.1 of Schedule ³D´of this Agreement; and (e) Use the Funds only in accordance with the Budget. 3.4 Province¶s Role Limited To Providing Funds. For greater clarity, the Province¶s role under this Agreement is strictly limited to providing Funds to the Recipient for the purposes of the Project and the Province is not responsible for carrying out the Project. Without limiting the generality of the foregoing, the fact that the Province may conduct reviews and/or audits of the Project as provided for in this Agreement or issues directions, approves changes to the Project or imposes conditions upon an approval in accordance with the terms and conditions of this Agreement will not be construed by the Recipient as the Province having a management, decision-making or advisory role in relation to the Project. The Recipient further agrees that the Recipient will not seek to include the Province as a decision-maker, advisor or manager of the Project through recourse to a third party, court, tribunal or arbitrator. 3.5 No Changes. The Recipient will not make any changes to the Project, including to the Budget or timelines, without the prior written consent of the Province. 3.6 Interest Bearing Account. If the Province provides Funds to the Recipient before the Recipient¶s immediate need for the Funds, the Recipient will place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. The Recipient will hold the Funds in trust for the Province until the Recipient needs the Funds for the Project. 8 of 34
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3.7 Recipient Earning Interest. If the Recipient earns any interest on the Funds, the Province may: (a) Deduct an amount equal to the interest from any further installment of the Funds; or (b) Demand from the Recipient the repayment of an amount equal to the interest.
3.8 No Provincial Payment Of Interest. The Province is not required to pay interest on any Funds under this Agreement. For greater clarity, this includes interest on any Funds that the Province has withheld paying to the Recipient. 3.9 Maximum Funds. The Recipient acknowledges and agrees that the Funds available to it pursuant to this Agreement will not exceed the Maximum Funds. 3.10 Rebates, Credits And Refunds. The Recipient acknowledges and agrees that the amount of Funds available to it pursuant to this Agreement is based on the actual costs to the Recipient, less any costs, including taxes, for which the Recipient has received, will receive or is eligible to receive, a rebate, credit or refund. 3.11 Funding, Not Procurement. For greater clarity, the Recipient acknowledges and agrees that: (a) It is receiving funding from the Province for the Project and is not providing goods or services to the Province; and (b) The funding the Province is providing under this Agreement is funding for the purposes of the PSSDA. ARTICLE 4 RECIPIENT’S ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF ASSETS 4.1 Acquisition. If the Recipient acquires goods or services or both with the Funds, it will: (a) Do so through a process that is transparent, fair and promotes the best value for the money expended and at competitive prices that are no greater than fair market value after deducting trade discounts and/or any other discounts available to the Recipient; and (b) Comply with any Requirements of Law that may be applicable to how the Recipient acquires any goods or services or both. 4.2 Contracts. The Recipient will ensure that all Contracts: (a) Are consistent with this Agreement; (b) Do not conflict with this Agreement; (c) Incorporate the relevant provisions of this Agreement to the fullest extent possible; (d) Require that any parties to those Contracts comply with all Requirements of Law; and (e) Authorize the Province to perform audits of the parties to those Contracts in relation to the Project as the Province sees fit in connection with Article 6 of Schedule ³A´of this Agreement.
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4.3 Disposal. The Recipient will not, without the Province¶s prior written consent, sell, lease or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the amount set out in section B.1.5 of Schedule ³B´of this Agreement at the time of purchase within the date set out in section B.1.6 of Schedule ³B´of this Agreement.
ARTICLE 5 CONFLICT OF INTEREST 5.1 No Conflict Of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential or perceived conflict of interest. 5.2 Conflict Of Interest Includes. For the purposes of this Article, a conflict of interest includes any circumstances where: (a) The Recipient; or (b) Any person who has the capacity to influence the Recipient¶s decisions, has outside commitments, relationships or financial interests that could, or could be seen to, interfere with the Recipient¶s objective, unbiased and impartial judgment relating to the Project, the use of the Funds or both. 5.3 Disclosure To The 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 impose as a result of the disclosure. ARTICLE 6 REPORTING, ACCOUNTING AND REVIEW 6.1 Preparation And Submission. The Recipient will: (a) Submit to the Province at the address referred to in section B.1.7 of Schedule ³B´of this Agreement or in a manner specified by the Province, all Reports in accordance with the timelines and content requirements set out in Schedule ³E´of this Agreement, or in a form as specified by the Province from time to time; (b) Submit to the Province at the address provided in section B.1.7 of Schedule ³B´of this Agreement or in a manner specified by the Province, 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 are completed to the satisfaction of the Province; and (d) Ensure that all Reports are signed on behalf of the Recipient by an authorized signing officer and that the accompanying confirmation has been completed. 6.2 Records Maintenance. The Recipient will keep and maintain: (a) All financial records, including invoices, relating to the Funds or otherwise to the Project in a manner consistent with generally acceptable accounting principles; and (b) All non-financial documents and records relating to the Funds or otherwise to the Project.
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6.3 Inspection. The Province, its authorized representatives or an independent auditor identified by the Province may, at their own expense, upon twenty-four (24) hours¶Notice to the Recipient during normal business hours, enter upon the Recipient¶s premises to review the progress of the Project and the Recipient¶s allocation and expenditure of the Funds and, for these purposes, the Province, its authorized representatives or an independent auditor identified by the Province may take one or more of the following actions: (a) Inspect and copy the records and documents referred to in section 6.2 of Schedule ³A´of this Agreement; (b) Remove any copies made pursuant to section 6.3(a) of Schedule ³A´of this Agreement from the Recipient¶s premises; and (c) Conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds, the Project or both. 6.4 Disclosure. To assist in respect of the rights set out under section 6.3 of Schedule ³A´of this Agreement, the Recipient will disclose any information requested by the Province, its authorized representatives or an independent auditor identified by the Province and will do so in the form requested by the Province, its authorized representatives or an independent auditor identified by the Province, as the case may be. 6.5 No Control Of Records. No provision of this Agreement will be construed so as to give the Province any control whatsoever over the Recipient¶s records. 6.6 Auditor General. For greater certainty, the Province¶s rights to audit under this Article 6 of the Agreement are in addition to any rights provided to the Auditor General. ARTICLE 7 COMMUNICATIONS 7.1 Acknowledgement And Support. Unless otherwise directed by the Province, the Recipient will acknowledge the support of the Province in the form and manner set out under section B.1.8 of Schedule ³B´of this Agreement. 7.2 Approvals Prior To Publication. The Recipient will submit all Project-related publications ± whether written, oral or visual ±to the Province for the approval of the Province prior to publication. The Recipient will indicate, in all 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. 7.3 Publication By The Province. The Recipient agrees that the Province may, in addition to any obligations the Province may have under FIPPA, publicly release information under this Agreement, including the Agreement itself, in hard copy or in electronic form, on the internet or otherwise. Without limiting the generality of the foregoing, the types of information the Province may publicize includes: (a) The Recipient¶s name; (b) A description of the Recipient¶s Project; (c) The amount of Funds the Recipient was approved to receive under this Agreement; and (d) The amount of Funds the Recipient actually received under this Agreement.
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7.4 News Releases. The Recipient will ensure that all news releases related to the Project and created by the Recipient: (a) Are approved beforehand by the Province and (b) Include quotes from the Province, unless the Province declines to participate. 7.5 News Conferences. The Recipient will notify the Province in a timely manner of any planned news conferences organized by the Recipient to facilitate the attendance of the Province. The date for the news conference and other logistical considerations will be negotiated between the Province and the Recipient. ARTICLE 8 ADDITIONAL TERMS AND CONDITIONS 8.1 Additional Terms And Conditions. The Recipient will comply with any Additional Terms and Conditions set out under section B.2 of Schedule ³B´of this Agreement. In the event of a conflict or inconsistency between any of the requirements of the Additional Terms and Conditions and any requirements of this Schedule ³A´of the Agreement, the Additional Terms and Conditions will prevail. ARTICLE 9 DISCLOSURE OF INFORMATION PROVIDED BY RECIPIENT 9.1 FIPPA. The Recipient acknowledges that the Province is bound by the FIPPA and undertakes to perform its obligations under this Agreement in a manner that ensures that the Province is not in breach of its obligations under FIPPA. 9.2 Disclosure Of Information. Any information provided to the Province in connection with the Project or otherwise in connection with this Agreement may be subject to disclosure in accordance with FIPPA and any other Requirements of Law. ARTICLE 10 INDEMNITY 10.1 Indemnification. The Recipient hereby agrees to indemnify and hold harmless the Indemnified Parties from and against any and all direct or indirect liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with this Agreement, unless solely caused by the gross negligence or wilful misconduct of the Province. 10.2 Recipient¶s Participation. The Recipient will, at its expense, to the extent requested by the Province, participate in or conduct the defence of any proceeding against any Indemnified Parties and any negotiations for their settlement. 10.3 Province¶s Election. The Province 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 this Agreement, at law or in equity. Each Party participating in the defence will do so by actively participating with the other¶s counsel.
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10.4 Settlement 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 of the Province. If the Recipient is requested by the Province to participate in or conduct the defence of any proceeding, the Province, as the case may be, will co-operate with and assist the Recipient to the fullest extent possible in the proceeding and any related settlement negotiations. 10.5 Recipient¶s Co-operation. If the Province conducts the defence of any proceedings, the Recipient will co-operate with and assist the Province, as the case may be, to the fullest extent possible in the proceedings and any related settlement negotiations. ARTICLE 11 INSURANCE 11.1 Recipient¶s Insurance. The Recipient represents and warrants that it has, and will maintain for the Term of this Agreement, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all 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 two million dollars ($2,000,000.00) per occurrence. The policy will include the following: (a) The Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient¶s obligations under, or otherwise in connection with, the Project or under this Agreement; (b) A cross-liability clause; (c) Contractual liability coverage; and (d) A thirty (30) day written notice of cancellation provision. 11.2 Proof Of Insurance. The Recipient will provide the Province with certificates of insurance, or other proof as the Province may request within the time limit set out in that request, that confirms the insurance coverage as required under section 11.1 of Schedule ³A´of this Agreement. Upon the request of the Province, the Recipient will make available to the Province a copy of each insurance policy. ARTICLE 12 TERMINATION ON NOTICE 12.1 Termination On Notice. The Province may terminate the Agreement at any time without liability, penalty or costs upon giving at least thirty (30) days¶Notice to the Recipient. 12.2 Consequences Of Termination On Notice By The Province. If the Province terminates this Agreement pursuant to section 12.1 of Schedule ³A´of this Agreement, the Province may take one or more of the following actions: (a) Direct that the Recipient does not incur any costs for the Project that are Eligible Costs under this Agreement without the Province¶s prior written consent; (b) Cancel any further payments of the Funds; (c) Demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and (d) Determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: 13 of 34
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(i) (ii)
Permit the Recipient to offset such costs against the amount owing pursuant to section 12.2(b) of Schedule ³A´of this Agreement; and Subject to section 3.9 of Schedule ³A´of this Agreement, provide Funds to the Recipient to cover such costs.
ARTICLE 13 TERMINATION WHERE NO APPROPRIATION 13.1 Termination Where No Appropriation. If, as provided for in sections 3.2(d) of Schedule ³A´of this Agreement, the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to this Agreement, the Province may terminate the Agreement immediately without liability, penalty or costs by giving Notice to the Recipient. 13.2 Consequences Of Termination Where No Appropriation. If the Province terminates this Agreement pursuant to section 13.1 of Schedule ³A´of this Agreement, the Province may take one or more of the following actions: (a) Cancel any further payments of the 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 permit the Recipient to offset such costs against the amount owing pursuant to section 13.2(b) of Schedule ³A´of this Agreement. 13.3 No Additional Funds. For greater clarity, if the costs determined pursuant to section 13.2(c) of Schedule ³A´of this Agreement exceed the Funds remaining in the possession or under the control of the Recipient, the Province will not provide additional Funds to the Recipient. ARTICLE 14 EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR DEFAULT 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 term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of this Agreement: (i) Carry out the Project; (ii)
Use or spend the Funds;
Provide, in accordance with section 6.1 of Schedule ³A´Reports or any such other reports as may have been requested pursuant to section 6.1(b) of Schedule ³A´under this Agreement; or (iv) The Recipient fails to follow any directions that the Province provides under this Agreement. (b) The Recipient¶s operations, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements of the Program under which the Province provides the Funds; (c) The Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application or an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; or (d) The Recipient ceases to operate. (iii)
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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 a period as the Province determines appropriate; (d) Reduce the amount of Funds by an amount the Province determines is appropriate, acting reasonably; (e) Cancel any further payments of the 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 not use in accordance with the terms and conditions of this Agreement; (h) Demand the repayment of an amount equal to any Funds the Province provided to the Recipient, even though the Project is partially completed; and (i) Terminate this Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. 14.3 Opportunity To Remedy. If, in accordance with section 14.2(b) of Schedule ³A´of this Agreement, 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. 14.4 Recipient Not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to section 14.2(b) of Schedule ³A´of this Agreement, 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 sections 14.2(a), (c), (d), (e), (f), (g), (h) and (i) of Schedule ³A´of this Agreement. 14.5 When Termination Effective. Termination under this Article 14 of Schedule ³A´of this Agreement will take effect as set out in the Notice. ARTICLE 15 FUNDS AT THE END OF A FUNDING YEAR 15.1 Funds At The End Of A Funding Year. Without limiting any rights of the Province under Article 14 of Schedule ³A´of this Agreement, 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 payments of Funds accordingly. 15 of 34
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ARTICLE 16 FUNDS UPON EXPIRY 16.1 Funds Upon Expiry. The Recipient will, upon the expiry of the Agreement, return to the Province any Funds remaining in its possession or under its control. ARTICLE 17 REPAYMENT 17.1 Repayment Of Overpayment. If at any time during the Term of this Agreement the Province provides Funds in excess of the amount to which the Recipient is eligible to receive under this Agreement, the Province may: (a) Deduct an amount equal to the excess Funds from any further payments of the Funds; or (b) Demand that the Recipient pay an amount equal to the excess Funds to the Province. 17.2 Debt Due. If, pursuant to this 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. For greater clarity, in the event that the Recipient makes an assignment, proposal, compromise or arrangement for the benefit of creditors or a creditor makes an application for an order adjudging the Recipient bankrupt or applies for the appointment of a receiver, this section 17.2 of Schedule ³A´of this Agreement will not affect any Funds that the Recipient is holding in trust for the Province under section 3.6 of Schedule ³A´of this Agreement. 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. 17.4 Payment Of Money To Province. The Recipient will pay any money owing to the Province by cheque payable to the ³Ontario Minister of Finance´and delivered to the Province at the address referred to in section 18.1 of Schedule ³A´of this Agreement. 17.5 Repayment. Without limiting the application of section 43 of the FAA, if the Recipient fails to repay any amount owing under this 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. 17.6 Funds Are Part Of A Social Or Economic Program. The Recipient acknowledges and agrees that any Funds provided under this Agreement are for the administration of social or economic programs or the provision of direct or indirect support to members of the public in connection with social or economic policy.
ARTICLE 18 NOTICE 16 of 34
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18.1 Notice In Writing And Addressed. Notice will be in writing and will be delivered by email, postage-paid mail, personal delivery or fax and will be addressed to the Province and the Recipient respectively as set out in section B.1.9 of Schedule ³B´of this Agreement or as either Party later designates to the other by Notice. 18.2 Notice Given. Notice will be deemed to have been given: (a) In the case of postage-paid mail, five (5) Business Days after the Notice is mailed; or (b) In the case of email, personal delivery or fax, one (1) Business Day after the Notice is delivered. 18.3 Postal Disruption. Despite section 18.2(a) of Schedule ³A´of this Agreement, 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 fax. ARTICLE 19 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT 19.1 Consent. When the Province provides its consent pursuant to this Agreement, that consent will not be considered valid unless that consent is in writing and the person providing that consent indicates in the consent that that person has the specific authority to provide that consent. The Province may also impose any terms and conditions on such consent and the Recipient will comply with such terms and conditions. ARTICLE 20 SEVERABILITY OF PROVISIONS 20.1 Invalidity Or Unenforceability Of Any Provision. The invalidity or unenforceability of any provision in this Agreement will not affect the validity or enforceability of any other provision of this Agreement. Any invalid or unenforceable provision will be deemed to be severed. ARTICLE 21 WAIVER 21.1 Waivers In Writing. If a Party fails to comply with any term or condition of this 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 18 of Schedule ³A´of this Agreement. Any waiver must refer to a specific failure to comply and will not have the effect of waiving any subsequent failures to comply. For greater clarity, where the Province chooses to waive a term or condition of this Agreement, such waiver will only be binding if provided by a person who indicates in writing that he or she has the specific authority to provide such a waiver. ARTICLE 22 INDEPENDENT PARTIES 22.1 Parties Independent. The Recipient acknowledges and agrees that it 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.
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ARTICLE 23 ASSIGNMENT OF AGREEMENT OR FUNDS 23.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under this Agreement. 23.2 Agreement Binding. All rights and obligations contained in this Agreement will extend to and be binding on the Parties¶respective heirs, executors, administrators, successors and permitted assigns. ARTICLE 24 GOVERNING LAW 24.1 Governing Law. This 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 this Agreement will be conducted in the Courts of Ontario, which will have exclusive jurisdiction over such proceedings. ARTICLE 25 FURTHER ASSURANCES 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 this Agreement to their full extent. ARTICLE 26 JOINT AND SEVERAL LIABILITY 26.1 Joint And Several Liability. Where the Recipient comprises more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under this Agreement. ARTICLE 27 RIGHTS AND REMEDIES CUMULATIVE 27.1 Rights And Remedies Cumulative. The rights and remedies of the Province under this Agreement are cumulative and are in addition to, and not in substitution of, any of its rights and remedies provided by law or in equity. ARTICLE 28 ACKNOWLEDGMENT OF OTHER LEGISLATION AND DIRECTIVES 28.1 Recipient Acknowledges. The Recipient acknowledges that: (a) By receiving Funds it may become subject to legislation applicable to organizations that received funding from the Government of Ontario, including the BPSAA, the PSSDA and the Auditor General Act; (b) Her Majesty the Queen in Right of Ontario has issued expenses, perquisites and procurement directives and guidelines pursuant to the BPSAA; and (c) It will comply with any such legislation, including directives issued thereunder, to the extent applicable. 18 of 34
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ARTICLE 29 JOINT AUTHORSHIP 29.1 Joint Authorship Of Agreement. The Parties will be considered joint authors of this Agreement and no provision herein will be interpreted against one Party by the other Party because of authorship. No Party will seek to avoid a provision herein because of its authorship through recourse to a third party, court, tribunal or arbitrator. ARTICLE 30 FAILURE TO COMPLY WITH OTHER AGREEMENT 30.1 Other Agreements. If the Recipient: (a) Has committed a Failure; (b) Has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) Has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) Such Failure is continuing, the Province may suspend the payment of Funds under this Agreement without liability, penalty or costs for such period as the Province determines appropriate. ARTICLE 31 SURVIVAL 31.1 Survival. The provisions of this Agreement that by their nature survive the expiration or early termination of this Agreement will so survive for a period of seven (7) years from the date of expiry or termination. Without limiting the generality of the foregoing, the following Articles and sections, and all applicable cross-referenced sections and schedules will continue in full force and effect for a period of seven (7) years from the date of expiry or termination: Articles 1 and any other applicable definitions, 9, 10, 17, 18, 20, 21, 24, 25, 27 and 29 as well as sections 3.2(d), 3.2(e), 3.4, 3.9, 3.10, 3.11, 6.1 (to the extent that the Recipient has not provided the Reports to the satisfaction of the Province), 6.2, 6.3, 6.4, 6.5, 6.6, 12.2, 13.2, 14.1, 14.2, 14.4 of Schedule ³A´of this Agreement and any cross-referenced Schedules therein as well as any other provision in this Agreement that specifically sets out it will survive the expiration or early termination of this Agreement. Despite the above, section 4.3 of Schedule ³A´shall survive for a period of two (2) years from the date of expiry or termination of this Agreement. ARTICLE 32 BPSAA 32.1 BPSAA. For the purposes of clarity, if the Recipient is subject to the BPSAA and there is a conflict between any of the requirements of this Agreement and the requirements of the BPSAA, the BPSAA will prevail. [REST OF PAGE INTENTIONALLY LEFT BLANK - SCHEDULE ³B´FOLLOWS]
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SCHEDULE ³B´ OPERATIONAL REQUIREMENTS AND ADDITIONAL TERMS AND CONDITIONS B.1
OPERATIONAL REQUIREMENTS
B.1.1 Effective Date. The Effective Date of this Agreement is:
December 13, 2019
B.1.2 Expiration Date. The Expiration Date of this Agreement is:
December 31, 2022
B.1.3 Project Approval Date. The Project Approval Date is the same as the Effective Date. B.1.4 Project Completion Date. The Project Completion Date is:
December 31, 2021
The Project Completion Date may be extended at the request of the Recipient by up to 6 months, provided that: (a) the proposed extended date falls within the same Funding Year as the current Project Completion Date, and is at least 6 months prior to the Expiration Date (b) the request is made in writing to the address in s. B.1.7; and (c)
the request is approved by the Province in writing.
Extensions of the Project Completion Date into another Funding Year, or which would result in the Project Completion Date not being at least 6 months prior to the Expiration Date will require a written amendment to this Agreement duly executed by the Parties. B.1.5 Disposal Of Assets. The amount for the purposes of section 4.3 of Schedule ³A´of this Agreement is fifty thousand dollars ($50,000.00) unless Ontario¶s contribution is less than twenty five thousand dollars ($25,000.00) in which case section 4.3 of Schedule ³A´of this Agreement does not apply. B.1.6 Asset Retention Time Period. For the purposes of section 4.3 of Schedule ³A´of this Agreement the Recipient will retain the asset(s) for two (2) years from the date that the Project is completed. B.1.7 Submission Of Publications For Approval And Reports. All Reports and Project-related publications under this Agreement shall be submitted to: Name:
Ontario Ministry of Agriculture, Food and Rural Affairs
Address: Attention:
Rural Programs Branch 4th Floor NW, 1 Stone Road West Guelph, Ontario N1G 4Y2 Jane Widdecombe, Manager
Email:
or any other person identified by the Province in writing. B.1.8 Recognition Of Provincial Support: The Recipient shall include on all Project-related publication ±whether written, oral or visual ±graphic identifiers of the Program or a tag line which recognizes the support provided by the Program. This recognition is subject to approval by the Province under section 7.2 of Schedule ³A´of this Agreement
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B.1.9 Providing Notice. All Notices under this Agreement shall be provided to: The Province:
The Recipient:
Address:
Ontario Ministry of Agriculture, Food and Rural Affairs Rural Programs Branch 4th Floor NW, 1 Stone Road West Guelph, Ontario N1G 4Y2
The Corporation of the Township of South Frontenac PO Box 100, 4432 George Street Sydenham, Ontario K0H 2T0
Attention:
Carolyn Hamilton, Director
Neil Carbone, Chief Administrative Officer
Email:
Name:
or any other person identified by the Parties in writing through a Notice. B.2
ADDITIONAL TERMS AND CONDITIONS
B.2.1
Notice Of Recipient¶s Insolvency. The Recipient will: (a) Provide the Province with Notice at least five (5) Business Days prior to making an assignment, proposal, compromise or arrangement for the benefit of its creditors and will not incur any additional costs for the Project under this Agreement without the Province¶s prior written consent from the date the Notice is sent to the Province; and (b) Provide the Province with Notice within five (5) Business Days of a creditor providing the Recipient with a notice of an intent to enforce security or applying for an order adjudging the Recipient bankrupt or the appointment of a receiver, and will not incur any additional costs under this Agreement without the prior approval of the Province from the date that the Recipient received notice of the creditor¶s action. [REST OF PAGE INTENTIONALLY LEFT BLANK - SCHEDULE ³C´FOLLOWS]
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SCHEDULE ³C´ PROJECT DESCRIPTION C.1
PROJECT NAME
C.2
Open for Business South Frontenac: Streamlining Development Approvals for Rural Economic Growth PROJECT STREAM Economic Diversification and Competitiveness Stream
C.3
PROJECT OBJECTIVE
C.4
Township of South Frontenac will receive up to $139 208.00 for improvements to the building development approvals process through the implementation of new technology and the integration of the municipality’s systems and software. ACTIVITIES
Advertising/marketing of new systems - project related costs IPads - minor capital IT costs - incremental Land management software and support - project related software Laptop - minor capital Project manager to implement software - wages on project related activities Workshop/course All activities identified above will be completed by the Project Completion Date identified under section B.1.4 of Schedule ³B´of this Agreement. [REST OF PAGE INTENTIONALLY LEFT BLANK - SCHEDULE ³D´FOLLOWS]
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SCHEDULE “D” PROJECT FINANCIAL INFORMATION D.1
FUNDING INFORMATION
D.1.1
Cost-Share Funding Percentage. The Cost-Share Funding Percentage is fifty per cent (50%) of incurred paid Eligible Costs up to the Maximum Funds. The percentage noted above is rounded to a whole number. Note that for payment purposes the percentage is calculated to 10 decimal places and is based on the Maximum Funds against the Project¶s Total Eligible Costs. “Maximum Funds”. The Maximum Funds the Recipient is eligible to receive from the Province under this Agreement is $139,208.00 Holdback. The Holdback will be up to ten per cent (10%) of Maximum Funds from the final payment of Funds made under this Agreement.
D.1.2 D.1.3 D.2
INCURRING ELIGIBLE COSTS
D.2.1
Incurring Eligible Costs. The Recipient will incur Eligible Costs in accordance with the following chart and no later than by the Project Completion Date. TOTAL ELIGIBLE COSTS TO BE INCURRED BY QUARTER WITHIN FUNDING YEAR QUARTER 1 (APR. ±JUN.)
QUARTER 2 (JUL. ±SEP.)
QUARTER 3 (OCT. ±DEC.)
QUARTER 4 (JAN. ±MAR.)
2019-20
$0.00
$0.00
$0.00
$150,473.00
$150,473.00
2020-21
$19,251.00
$16,251.00
$25,167.00
$18,251.00
$78,920.00
2021-22
$16,251.00
$16,251.00
$16,521.00
$0.00
$49,023.00
TOTAL ELIGIBLE COSTS UP TO
$278,416.00
FUNDING YEAR
D.3
BUDGET
D.3.1
The Budget. The Budget for the Project is set out in the following chart:
ELIGIBLE COST ITEM
Advertising/marketing of new systems - project related costs IPads - minor capital IT costs - incremental
Land management software and support - project related software
Laptop - minor capital
Project manager to implement software - wages on project related activities Workshop/course TOTAL ELIGIBLE COSTS UP TO
D.3.2
TOTAL
$278,416.00
Project Financing For Eligible Costs. The Financing for the Project is set out in the following chart: PROJECT FINANCING
$ AMOUNT
RED Funding
$139,208.00
Corporation of the Township of South Frontenac
$71,354.00 23 of 34
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Corporation of the County of Frontenac
$5,000.00
Other Government Funding
$62,854.00 TOTAL ELIGIBLE COSTS
$278,416.00
D.4
CLAIM SUBMISSION DEADLINES
D.4.1
Claim Submission Deadlines. The Recipient shall submit requests for payment as follows: (a) a completed Progress Update and Claim Statement form shall be submitted no later than the date that is half-way between the Effective Date and the Project Completion Date; (b) additional requests for payment may be made at any time by submitting a completed Progress Update and Claim Statement form; and (c) the final claim statement shall be submitted on a completed Progress Update and Claim Statement form within 3 months after the Project Completion Date. In addition to the rights of the Province under this Agreement, including under section 3.2 of Schedule A, the Province reserves the right not to pay the claim if the Recipient does not submit a Progress Update and Claim Statement form in accordance with subsections D4.1(a) or (b), or if a claim is submitted after the Province has approved the Final Report.
D.5
PAYMENT OF FUNDS
D.5.1
Payment Of Funds. Subject to the terms and conditions of this Agreement, the Recipient will incur Eligible Costs in accordance with the following chart (Column B) and the Province will pay Funds to the Recipient in accordance with the following chart (Column C): ELIGIBLE COSTS BY FUNDING YEAR (B)
FUNDING YEAR (A)
MAXIMUM FUNDS BY FUNDING YEAR (C)
2019-20
$150,473.00
$75,236.50
2020-21
$78,920.00
$39,460.00
2021-22
$49,023.00
$24,511.50
$278,416.00
$139,208.00
TOTAL D.6
ELIGIBLE COSTS
D.6.1
Eligible Costs. Eligible Costs are those costs that are: (a) incurred by the Recipient in the Province of Ontario on or after the Effective Date and on or before the Project Completion Date; (b) paid by the Recipient to an Arm¶s Length third party; (c) consistent with the applicable list of Eligible Costs set out in the Guidelines from time to time; (d) if related to travel or meals, are consistent with the requirements for travel and meal costs set out in section D.8; and (e) in the Province¶s sole and absolute discretion, directly attributable and necessary for the successful completion of the Project and properly and reasonably incurred, paid or reimbursed by the Recipient. When purchasing goods or services for the Project, Recipients must follow a process that is transparent and fair, that promotes the best value for the money expended and is at competitive prices that are no greater than the fair market value, including when retaining consultants and contractors. The Province may in its sole and absolute discretion approve other costs as Eligible Costs if such costs are, in the Province¶s sole and absolute discretion, directly attributable and necessary for the successful completion of the Project and such costs are approved in writing by the Province prior to being incurred and paid. 24 of 34
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D.7
INELIGIBLE COSTS
D.7.1
Ineligible Costs. Ineligible Costs are any costs that do not meet the requirements for Eligible Costs in section D.6.1 or were not approved by the Province in writing before the Recipient incurred the costs or are costs that are identified as ³Ineligible Costs´in the Guidelines from time to time. Ineligible Costs are not eligible for funding under this Agreement.
D.8
TRAVEL AND MEAL COSTS In order to be considered Eligible Costs, travel and meal costs must be identified in section D.3.1 and must be incurred only by persons who were hired to work 100 per cent of their time on the Project and whose position is funded by the Funds.
D.8.1
D.8.2
D.8.3
Public Transit. Local public transportation including hotel/airport shuttles must be used wherever possible. A transit pass or passes, must be purchased where available and appropriate. Rental Vehicles. The lowest cost model should be rented. Any exceptions must be documented and approved prior to the rental; and should be guided by the principle that the rental vehicle is the most economical and practical size, considering the business purpose, number of occupants, safety (including weather) considerations and any reasonable accommodation requirements. Luxury and premium vehicles are not permitted. To avoid higher gasoline charges, the rental car should be refueled before returning it Personal Vehicle. If using a personal vehicle, daily logs must be kept to track the business use, with distances calculated in kilometers. The current rates for travelling (per kilometer) in a personal vehicle, based on kilometers accumulated from April 1 of each Funding Year, are as follows: (a) From 0 ±km; $0.40 in Southern Ontario and $0.41 in Northern Ontario; (b) From 4,001 ±km; $0.35 in Southern Ontario and $0.36 in Northern Ontario; (c) From 10,701 ±km; $0.29 in Southern Ontario and $0.30 in Northern Ontario; (d) More than 24,000 km; $0.24 in Southern Ontario and $0.25 in Northern Ontario; and
D.8.4 D.8.5
(e) Necessary expenditures for parking, tolls for bridges, ferries and highways are eligible. If 200 km or more will be driven a day, use of a rental vehicle is required. Parking. Necessary and reasonable parking expenses incurred while conducting Projectrelated activities. Air and Rail Travel. Air and rail travel must be the most practical and economical way to travel. The lowest fare available is the standard. Business class is only appropriate on a train in limited circumstances such as; (a) The need to work with a team: (b) Choosing a travel time that allows you to reduce other expenditures or accommodation; (c) Accommodation requirements; and (d) Health and safety requirements
D.8.6
Taxis and Ride-hailing Services. Taxis and ride-hailing services may be justified in cases where: (a) group travel is more economical than the total cost of individuals travelling separately by public transit or shuttle; or (b) there is an unusually tight schedule for meetings
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D.8.7
D.8.8
D.8.9
Accommodations. Reimbursement can be made for single accommodation in a standard room. Reimbursement for hotel suites, executive floors or concierge levels is not permitted. To lower the costs of accommodation, consideration should be given to accommodation outside of downtown areas. Penalties incurred for non-cancellation of guaranteed hotel reservations are not Eligible Costs. Private stays with friends or family are acceptable, and a cash payment or gift may be provided to the friends or family. A maximum of $30 per night is allowed for accommodation including any meals with friends or family, in lieu of commercial accommodation. The $30 value may be given in the form of a small gift (which must be accompanied by a receipt) or by cash or cheque. Telecommunication While Travelling. Audio or video conferencing should be considered as an alternative to travel. Whenever possible, the least expensive means of communications should be used while travelling, such as calling card. Meals While Travelling. Alcohol cannot be claimed and will not be reimbursed as part of a travel or meal expense. Taxes and gratuities are included in the meal rates. Reimbursement is for food eaten in a restaurant or for the purchase of prepared food only. Meal Rates in Canada: (include taxes and gratuities) Meals
Maximum Amount
Breakfast
$10.00
Lunch
$12.50
Dinner
$22.50
These rates should also be used as the maximum amount per person for any centrally purchased meals. [REST OF PAGE INTENTIONALLY LEFT BLANK - SCHEDULE ³E´FOLLOWS]
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SCHEDULE ³E´ REPORTING E.1
Reporting Requirements. Reports shall be provided as set out in the table below. Reports are not considered delivered until reviewed and approved by the Province. Name of Report
Progress Update and Claim Statement
Final claim
Final Report
Other Reports Any other Report regarding the Project that the Province requests.
Due Date The Progress Update and Claim Statement will be completed in the form set out in Schedule ³E.1´and shall be submitted no later than the date that is half-way between the Effective Date and the Project Completion Date. A Progress Update and Claim Statement form must be submitted even where the amount claimed is zero, unless the Recipient has submitted the Final Report. The final claim is to be completed and submitted to the Province within three (3) months of the Project Completion Date using the Progress Update and Claim Statement form (Schedule ³E.1´ The Final Report in the form set out in Schedule ³E.2´is to be completed and submitted to the Province on or before: April 30, 2022 As directed by the Province.
[REST OF PAGE INTENTIONALLY LEFT BLANK ±SCHEDULE ³E.1´FOLLOWS THEN SCHEDULE ³E.2´FOLLOWS THAT]
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SCHEDULE ³E.2´ FINAL REPORT File No.: Project Title: Project Completion Date: Date of Final Report: Project Recipient: Final Report is to be completed and submitted to the Province on or before the µFinal Report Due¶ identified under section E.1 of Schedule ³E´of this Agreement between the Recipient and Her Majesty the Queen in right of Ontario as represented by the Minister of Agriculture, Food and Rural Affairs ³OMAFRA´ with respect to the project (the ³Agreement´ All capitalized terms used in this Final Report have the meaning assigned to them in the Agreement unless they are defined differently in this Final Report. Please contact your Project Analyst should you have any questions when completing this Final Report.
Section 1 Project Details Was the Project completed as described in Schedule C of the Agreement? Yes
No
Project Variances (if applicable) If the Project was not completed as described in Schedule C of the Agreement, please describe the variances below (e.g. variances in project scope, schedule, spending etc.) and provide a rationale for the variances.
Section 2 Benefits and Outcomes In your application you indicated that the project would provide certain benefits and have certain outcomes. Please report on each of these as indicated below. 2.1 Project Benefits Describe how the Project directly benefited rural Ontario. Include impacts the project had across multiple communities, sectors and across parts of a value chain.
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2.2 Economic Barriers Describe how the Project reduced and/or removed existing barriers to economic development and reference any plans or studies where these have been identified (include both the number and description).
of barriers addressed:
Description of barriers:
2.3
Sustainability
Describe how the project¶s outcomes have/will continue to contribute to longer-term economic development outcomes after the RED program funding has ended.
2.4
Project Oversight
Describe the resources and skills used to manage and complete your project (including previous project management experiences).
2.5
Outcomes
Please enter a brief description, reporting on the results, and provide quantitative and qualitative statistics where applicable. i. Jobs created and/or retained x
Indicate the number of total jobs that were created and/or retained in rural Ontario as a result of the Project. Temporary Part-time (e.g., seasonal, (e.g., approximately 20 Full-time construction) hours/week)
Jobs Created Jobs Retained x
Provide details to substantiate the job numbers.
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ii. Investment attracted or retained x
Describe in detail how the project led to the attraction and retention of investments in rural Ontario, and how it is being measured.
iii. Businesses attracted, retained and/or expanded x
Describe in detail how the project worked with other entities in your region in rural Ontario (e.g., groups, organizations, communities, municipalities) to drive growth.
iv. Enhanced strategic economic infrastructure x
Describe in detail how the project advanced economic development and investment opportunities in rural Ontario, and the results achieved. Provide information on previously completed work (e.g. plans, strategies, research, data) that identified this project as an economic development priority.
v. Regional partnerships that drive growth x
Describe in detail how the project worked with other entities in your region in rural Ontario (e.g., groups, organizations, communities, municipalities) to drive growth.
vi. Please complete this section if Signage was required by Section B.1.8 of Schedule B of the Agreement. Recognition of the Rural Economic Development program¶s support x
A permanent sign has been installed recognizing the Program¶s financial support of the Project and the design of the sign and its location has been approved by the Province. Yes No
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Section 3 Financial Information Approved Total Eligible Costs: Budgeted Costs
Budget Item
Actual Costs
Variance
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
GROSS ELIGIBLE COST
$
$
$
Less HST (if included in the above numbers)
$
$
$
TOTAL NET ELIGIBLE COSTS*
$
$
$
- Total Net Eligible Cost should match the approved amount noted above.
Section 4 Other Benefits/Information Please provide any other information which demonstrates the success of the Project and its impact on other stakeholders, rural communities and the Province of Ontario.
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Section 5 Service Experience Based on your experience with OMAFRA on the Project, please indicate with an ³X´in the appropriate box your response.
- Please indicate the extent to which you agree or disagree with the following statements.
Strongly Agree
Agree
Neither Agree nor Disagree
Disagree
Strongly Disagree
1
2
3
4
5
Once the Project was approved, I received all the information needed to proceed to the next step of the Project. The claim forms were easy to understand and complete. I was able to reach appropriate OMAFRA staff without difficulty. OMAFRA staff were knowledgeable. I received consistent advice from OMAFRA staff. OMAFRA staff were courteous 2. Overall, how satisfied were you with the Very amount of time it took to get the service Satisfied that you required?
Satisfied
Neither Strongly Satisfied nor Dissatisfied Dissatisfied Dissatisfied
- Overall, how satisfied were you with the Very service you received while implementing Satisfied the Project?
Satisfied
Neither Strongly Satisfied nor Dissatisfied Dissatisfied Dissatisfied
- To what extent did the availability of this funding assistance influence your decision to undertake the Project?
To a Great Somewhat Extent
Very Little
Not at all
- Overall, did you find working in the portal fairly easy to understand?
Very Easy Somewhat
Not Easy
Did Not Use the Portal
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Section 6 Certification and Signature Disclosure of Information Information submitted in this Final Report to the Province of Ontario will be subject to the Freedom of Information and Protection of Privacy Act. Certification
- The Project as described in the Agreement has been completed;
- The Recipient is in compliance with all of the terms and conditions of the Agreement for the Project; and
- There have been no overpayments by OMAFRA or any other organization or government.
- All costs that have been claimed as Eligible Costs have been incurred and paid in full in accordance with the terms of the Agreement. The undersigned warrant(s) that these statements are true. [INSERT NAME OF RECIPIENT] Print Name & Title of Authorized Official:
Signature: Date:
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Page 84 of 155 Minutes of Public Services January, 16, 2020 Time: 8:30 AM Location: Council Chambers
Present: Ron Sleeth, Chairman, Mayor Ron Vandewal, Doug Morey (arrived at 8:35), Alan Revill Staff: Mark Segsworth, Director of Public Services, Neil Carbone, Chief Administrative Officer, Louise Fragnito, Director of Corporate Services. Others: Ross Sutherland 1.
Call to Order
a)
Chairman Sleeth called the meeting to order at 8:32 am.
Declaration of pecuniary interest and the general nature thereof
a)
There were no declarations.
Approval of Minutes
a)
December 12, 2019 Resolution No. 2020-PSC-01/16-01 Moved by Councillor Revill Seconded by Mayor Vandewal That the minutes of December 12, 2019 Public Services committee meeting be approved. Carried
Delegations
a)
Utilities Kingston - re: Renewal Notice - Municipal Drinking Water Licence • Jim Miller, Director of Utilities Engineering • Alan Smith, QMS Coordinator • Phil Emon, Supervisor Water Treatment
Utilities Kingston staff presented the 2019 Management Review for the Sydenham Water Treatment Plant. Mayor Vandewal asked about operations of the plant compared to others. It was explained that this is more of an internal audit, external comparators are only used when the Ministry does an assessment. Mayor Vandewal asked about what is covered in the contract. It was clarified that there is a base service and a fee for service component although most of the operations are part of the base service, there is no fee for service as part of this review. Overall in the review the following items were noted: • there are no outstanding action items, (all previous items were
Page 85 of 155 Minutes of Public Services January, 16, 2020 • •
completed) no water complaints received by Utilities Kingston Operations Plan will be updated in 2020
Mayor Vandewal asked if Utilities Kingston provides educational presentations to residents. Currently they do not have a “packaged” education program but could provide support or develop such a program. It was noted that tours of the plant are possible. Councillor Revill asked if the current presentation could be utilized and about lead sampling changes. It was clarified that Sydenham is exempted from lead sampling due to the new system. It was noted that consumption is consistent. 5.
Business Arising from the Minutes
a)
Construction Project Updates • Sunbury Village Rehabilitation • Gilmour Point Pavilion • Old Fire Hall/Harris Park
Sunbury Village Rehabilitation The subdivision in Sunbury is back on and Mark Segsworth feels that sidewalks should be reconsidered due to the proposed subdivision development within the hamlet. Gilmour Point Pavilion This project is further ahead than anticipated and will be completed well before July 1, 2020. Old Perth Road Fire Hall The structure has now been demolished. Mayor Vandewal inquired about “no parking” along the road and would it be possible if the now vacant lot could be used for parking. b)
Public Engagement - Sydenham Water System Mark Segsworth provided an update on consultation plans. The committee discussed initial open house plans and possible messages, long term objectives and short term needs and that focus will be on diffusing animosity at the onset. Everyone agreed that a tour would be a great component.
c)
Private Lane Upgrading Program Mark Segsworth recommended a maximum of $7000 per project. He was concerned about making the program too complicated to administer. Alan Revill indicated he was reluctant to put a cap on the amount. Neil Carbone noted that certainty is beneficial for lanes and having no limit might limit the number of lanes that can be funded. Resolution No. 2020-PSC-01/16-02 Moved by Councillor Morey Seconded by Councillor Revill That the 2020 Private Lane Upgrading Assistance Program establish an amount of $7,000 as an upset subsidy Limit. Carried
New Business
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Page 86 of 155 Minutes of Public Services January, 16, 2020 a)
Call to Action - Transition of the Blue Box to Full Producer Responsibility Mark Segsworth provided an update on AMO’s request for a resolution from municipalities regarding the timelines for implementation. He noted that from a staff perspective he doesn’t feel this is a fair question especially for smaller, rural municipalities who haven’t been involved or informed on this issue. The Committee discussed spearheading a “rural” effort potentially through the Eastern Ontario Warden’s Caucus.
b)
Contract Extension - Waste Disposal Site Monitoring Mark Segsworth requested that he negotiate a new 5 year contract with Cambium for waste disposal monitoring. Louise Fragnito noted that this approach meets our procurement policy requirements.
c)
Winter Weather Statistics for November, December 2019 The Director pointed out the increasingly challenging weather and how it has impacted winter control. The CAO mentioned that winter control increases prevents investment in other areas noting that winter control increased 6% in the 2020 budget.
d)
Mark Segsworth provided an update on the new “Garbage and Recycling RFP” which is expected to be released in February. The RFP will ask for a 10 year maximum on the age of vehicles.
Next Meeting: February 20, 2020
Adjournment:
a)
The meeting was adjourned at 10:09 am.
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2020-10 BEING A BY-LAW TO ASSUME AS COMMON AND PUBLIC HIGHWAY CERTAIN LANDS IN THE TOWNSHIP OF SOUTH FRONTENAC, PURSUANT TO SECTION 31(6) OF THE MUNICIPAL ACT, 2001. WHEREAS certain lands in the Township of South Frontenac were deeded to the Township of South Frontenac as a condition of consent, for the purpose of dedicating them to public use as common and public highways; AND WHEREAS Council wishes to enact a by-law for the purpose of assuming the lands as part of the public highways to be maintained by the municipality; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: Those lands herein described are assumed as common and public highways. 1.
PT LT 22 & 23, CON 7 LOUGHBOROUGH BEING PART 3 ON PLAN 13R-6841, municipally known as North Shore Road.
PT LT 1, CON 6 STORRINGTON BEING PART 1 ON PLAN 13R-8548, municipally known as Washburn Road.
PT LT 1 & 2 CON 9 STORRINGTON BEING PT 3 ON PLAN 13R-21806, municipally known as Lower Round Lake Road.
PT LT 19 CON 11 PORTLAND BEING PT 1 ON PLAN 13R-21889, municipally known as First Lake Road.
PT LT 20 CON 1, BEDFORD, BEING PT 1-4 ON PLAN 13R-21562 (except mining rights as in BE16542, S/T BE16514, BE16543), municipally known as Fish Creek Road.
PT LT 7 CON 9, STORRINGTON BEING PT 1 ON PLAN 13R-22039, municipally known as Battersea Road.
PT LT 22 CON 9 STORRINGTON, BEING PTS 2 & 3 ON PLAN 13R21985, municipally known as Carrying Place Road.
PT LT 1 CON 2 LOUGHBOROUGH, BEING PT 2 ON PLAN 13R-21965, municipally known as Forest Road.
PT LT 13 CON 10 STORRINGTON, BEING PT 2 ON PLAN 13R-22012, municipally known as Ramparts Road.
PT LT 3 CON 4 LOUGHBOROUGH, BEING PT 2 ON PLAN 13R-21914, municipally known as Campbell Road
PT LT 24 CON 4 STORRINGTON, BEING PT 4 ON 13R-21844, municipally known as Round Lake Road
PT LT 21 CON 2 STORRINGTON, BEING PT 3 & 4 ON PLAN 13R21735, municipally known as Round Lake Road.
Page 88 of 155
- PT LT B BLK R PLAN 50 LOUGHBOROUGH, BEING PT 3 ON PLAN 13R-21830, municipally known as Bedford Road
- PT LT 15 CON 13 PORTLAND, BEING PT 2 ON PLAN 13R-21967, municipally known as First Lake Road
- PT LT 31 CON 10 BEDFORD, BEING PT 13 ON PLAN 13R-18972, municipally known as Burridge Road.
- PT LT 1-2, CON 8 PORTLAND, BEING PT 2 & 3 ON PLAN 13R-21864, municipally known as New Morin Road. This by-law shall come into force and take effect on the date of registration of this by-law. Dated at the Township of South Frontenac this 3rd day of March, 2020. Read a first and second time this 3rd day of March, 2020. Read a third time and finally passed this 3rd day of March, 2020.
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
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Page 104 of 155
Page 105 of 155
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2020-11 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, AS REPRESENTED BY THE MINISTER OF AGRICULTURE, FOOD AND RURAL AFFAIRS UNDER THE RURAL ECONOMIC DEVELOPMENT (RED) PROGRAM “OPEN FOR BUSINESS SOUTH FRONTENAC: STREAMLINING DEVELOPMENT APPROVALS FOR RURAL ECONOMIC GROWTH WHEREAS Section 5(1) of the Municipal Act, 2001, c. 25, as amended, grants that the powers of a municipality shall be exercised by its Council; and WHEREAS Section 5(3) of the Municipal Act, 2001, c. 25, as amended, provides that a Municipal power, including a municipality’s capacity, right, power and privileges under section 9, shall be exercised by by-law unless the municipality is specifically authorized to do others; and WHEREAS Section 5(4) of the Municipal Act, 2001, c. 25, as amended, applies to all Municipal powers, whether conferred by this Act or otherwise; and WHEREAS Section 8(1) of the Municipal Act, 2001, c. 25, as amended, provides that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues; and WHEREAS Section 11(2) of Municipal Act, 2001, c. 25, states that a lower tier municipality may pass by-laws respecting matters set out therein, including the financial management of the municipality; and NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY ITS COUNCIL HEREBY ENACTS AS FOLLOWS: 1.
THAT the Council of the Township of South Frontenac shall be and is hereby authorized to enter into an agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of Agriculture, Food and Rural Affairs, the terms of which shall be in accordance to Schedule “A” hereto.
THAT Schedule “A” is declared to form part of this By-law.
THAT the Mayor and Clerk shall be and are hereby authorized, directed and empowered to execute the said agreement on behalf of the Township of South Frontenac.
THIS BY-LAW shall come into force and take effect on date of its final passing.
Dated at the Township of South Frontenac this 3 day of March, 2020. Read a first and second time this 3 day of March, 2020. Read a third time and finally passed this 3 day of March, 2020. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
Page 106 of 155 RED5-09115
RURAL ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Agriculture, Food and Rural Affairs (the “Province”)
- and THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC CRA # 871323895 THE CORPORATION OF THE COUNTY OF FRONTENAC (the “Recipient”)
I.
BACKGROUND
The Recipient has applied to the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) for funding under the Rural Economic Development (RED) program to assist the Recipient in carrying out the project. The Recipient intends to carry out the Project under the Program. The Province wishes to provide Funds to the Recipient for the Project. II. CONSIDERATION In consideration of the mutual covenants and agreements contained in this agreement (the ³Agreement´ and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged, the Province and the Recipient (the ³Parties´ agree as follows: III. ENTIRE AGREEMENT This Agreement, including: Schedule ³A´±General Terms and Conditions, Schedule ³B´±Operational Requirements and Additional Terms and Conditions, Schedule ³C´±Project Description, Schedule ³D´±Project Financial Information, Schedule ³E´±Reporting, and any amending agreement entered into as provided below, constitute the entire agreement between the Parties with respect to the subject matter contained in this Agreement and supersede all prior oral or written representations and agreements. IV. COUNTERPARTS This 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. V. AMENDING AGREEMENT This Agreement may only be amended by a written agreement duly executed by the Parties. 1 of 34
Page 107 of 155 RED5-09115
VI. ACKNOWLEDGEMENT The Recipient: (a) acknowledges that it has read and understands the provisions contained in the entire Agreement; and (b) agrees to be bound by the terms and conditions in the entire Agreement. IN WITNESS WHEREOF the Parties have executed this Agreement on the dates set out below.
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of Agriculture, Food and Rural Affairs
Name: Title:
Carolyn Hamilton Director, Rural Programs Branch
Date:
I have the authority to bind the Crown pursuant to delegated authority.
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Name:
Angela Maddocks
Title:
Clerk
Name:
Ron Vandewal
Title:
Mayor
Date:
Date:
I/We have authority to bind the Recipient.
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THE CORPORATION OF THE COUNTY OF FRONTENAC
Name:
Frances Smith
Title:
Warden
Name:
Jannette Amini
Title:
Clerk
Date:
Date:
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SCHEDULE ³A´ GENERAL TERMS AND CONDITIONS
ARTICLE 1 INTERPRETATION AND DEFINITIONS 1.1 Interpretation. For the purposes of interpreting the Agreement: (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 this Agreement; they are for reference purposes 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) Any reference to a statute means a statute of the Province of Ontario, unless otherwise indicated; (f) Any reference to a statute is to that statute and to the regulations made pursuant to that statute as they may be amended from time to time and to any statute or regulations that may be passed that have the effect of supplanting or superseding that statute or regulation unless a provision of the Agreement provides otherwise; (g) All accounting terms will be interpreted in accordance with the Generally Accepted Accounting Principles and all calculations will be made and all financial data to be submitted will be prepared in accordance with the Generally Accepted Accounting Principles; and (h) The words ³include´³includes´and ³including´denote that the subsequent list is not exhaustive. 1.2 Definitions. In the Agreement, the following terms will have the following meaning: ³Additional Terms And Conditions´means the terms and conditions referred to in section 8.1 of Schedule ³A´of this Agreement and specified in section B.2 of Schedule ³B´of this Agreement. ³Arm¶s Length´has the same meaning as set out in the Income Tax Act (Canada) as it read on the Effective Date of this Agreement, and as treated or defined under Generally Accepted Accounting Principles. ³Auditor General´means the Auditor General of Ontario and/or the Auditor General of Canada, depending on the context. ³BPSAA´means the Broader Public Sector Accountability Act, 2010. ³Budget´means the budget attached as section D.3 of Schedule ³D´of this Agreement. ³Business Day´means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year¶s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province is closed for business. ³Claim Submission Deadline´means the date or dates set out under section D.4 of Schedule ³D´ of this Agreement. ³Contract´means an agreement between the Recipient and a third-party whereby the third-party agrees to provide a good or service for the Project in return for financial consideration that may be claimed by the Recipient as an Eligible Cost. 4 of 34
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³Cost-Share Funding Percentage´means the percentage the Province will pay toward the Recipient¶s Eligible Costs, as set out under section D.1.1 of Schedule ³D´of this Agreement. ³Incurred´in relation to costs, means a cost that a Recipient has become liable for, regardless whether actual payment has occurred (i.e., the Recipient has received the goods or services). ³Effective Date´means the date on which this Agreement is effective, as set out under section B.1.1 of Schedule ³B´of this Agreement. ³Eligible Costs´means those costs set out under section D.6 of Schedule ³D´of this Agreement. ³Event of Default´has the meaning ascribed to it in section 14.1 of Schedule ³A´of this Agreement. ³Expiration Date´means the date on which this Agreement will expire, as set out under section B.1.2 of Schedule ³B´of this Agreement, unless amended or terminated prior to this date in accordance with the terms and conditions of this Agreement. ³FAA´means the Financial Administration Act. ³Failure´means a failure to comply with any term, condition, obligation under any other agreement that the Recipient has with Her Majesty the Queen in Right of Ontario or one of Her agencies. ³Final Report´means a final Report on the Project in the form set out in Schedule ³E.2´of this Agreement. ³FIPPA´means the Freedom of Information and Protection of Privacy Act. ³Funding Year´means: (a) In the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31, the Expiration Date, or the termination of this Agreement, whichever comes first; 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, the Expiration Date, or the termination of this Agreement, whichever comes first. ³Funds´means the money the Province provides to the Recipient pursuant to this Agreement. ³Guidelines´means any written documents setting out the criteria governing the operation of the Program. ³Holdback´means the amount set out under section D.1.3 of Schedule ³D´of this Agreement. ³Indemnified Parties´means Her Majesty the Queen in Right of Ontario, Her Ministers, agents, appointees and employees. ³Ineligible Costs´means those costs set out under section D.7 of Schedule ³D´of this Agreement. ³Maximum Funds´means the maximum amount of Funds the Province will provide to the Recipient under this Agreement, as set out under section D.1.2 of Schedule ³D´of this Agreement. ³MFIPPA´means the Municipal Freedom of Information and Protection of Privacy Act. ³Notice´means any communication given or required to be given pursuant to this Agreement. ³Notice Period´means the period of time within which the Recipient is required to remedy an Event of Default, and includes any such period or periods of time by which the Province considers it reasonable to extend that time. ³Party´means either the Province or the Recipient, unless the context implies otherwise. ³Program´means the program created by the Province entitled Rural Economic Development Program under Order-in-Council 201/2011, as amended.
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³Progress Update and Claim Statement´means a Report on the progress of the Project and claim for payment of all or a portion of the Funds in the form set out in Schedule ³E.1´of this Agreement. ³Project´means the undertaking described in Schedule ³C´of this Agreement. ³Project Approval Date´means the date set out in section B.1.3 of Schedule ³B´of this Agreement. ³Project Completion Date´means the date that the Recipient must complete its Project under this Agreement, as set out in section B.1.4 of Schedule ³B´of this Agreement. ³PSSDA´means the Public Sector Salary Disclosure Act, 1996. ³Reports´means the reports set out under Schedule ³E´of this Agreement. ³Requirements of Law´means all applicable statutes, regulations, by-laws, ordinances, codes, official plans, rules, approvals, permits, licenses, authorizations, orders, decrees, injunctions, directions and agreements with all authorities that now or at any time hereafter may relate to the Recipient, the Project, the Funds and this Agreement. Without limiting the generality of the foregoing, if the Recipient is subject to the BPSAA, the PSSDA or any other type of broader public sector accountability legislative provisions, those broader public sector accountability legislative provisions are deemed to be a Requirement of Law. ³Term´means the period of time beginning on the Effective Date of this Agreement and ending on the Expiration Date or the termination of this Agreement, whichever is shorter. 1.3
Conflict. Subject to section 8.1 of Schedule ³A´of this Agreement, in the event of a conflict between this Schedule ³A´of the Agreement and any other Schedule of this Agreement, the terms and conditions set out under this Schedule ³A´of the Agreement will prevail. ARTICLE 2 REPRESENTATIONS, WARRANTIES AND COVENANTS
2.1 General. The Recipient represents, warrants and covenants that: (a) It is, and will continue to be for the Term of this Agreement, an eligible applicant as described in the Guidelines with full power to fulfill its obligations under this Agreement; (b) It has, and will continue to have for the Term of this Agreement, the experience and expertise necessary to carry out the Project; (c) It has the financial resources necessary to carry out the Project and is not indebted to any person(s) to the extent that that indebtedness would undermine the Recipient¶s ability to complete the Project by the Project Completion Date; (d) It is in compliance with all Requirements of Law and will remain in compliance with all Requirements of Law for the Term related to any aspect of the Project, the Funds or both for the term of this Agreement; and (e) Unless otherwise provided for in this Agreement, any information the Recipient provided to the Province in support of its request for Funds, including any information relating to any eligibility requirements, was true and complete at the time the Recipient provided it. 2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) The full power and authority to enter into this Agreement; and (b) Taken all necessary actions to authorize the execution of this Agreement.
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2.3 Governance. The Recipient represents, warrants and covenants that it has, and will maintain, in writing, for the term of this Agreement: (a) A code of conduct and ethical responsibilities for all persons at all levels of the Recipient¶s organization; (b) Procedures to ensure the ongoing effective functioning of the Recipient; (c) Decision-making mechanisms for the Recipient; (d) Procedures to enable the Recipient to manage the Funds prudently and effectively; (e) Procedures to enable the Recipient to successfully complete the Project; (f) Procedures to enable the Recipient to, in a timely manner, identify risks to the completion of the Project and develop strategies to address those risks; (g) Procedures to enable the preparation and delivery of all Reports required under this Agreement; and (h) Procedures to enable the Recipient to deal with such other matters as the Recipient considers necessary to ensure that the Recipient carries out its obligations under this Agreement. 2.4 Supporting Documentation. Upon request, and within the time period indicated in the Notice, the Recipient will provide the Province with proof of the matters referred to in this Article 2 of Schedule ³A´of this Agreement. 2.5 Additional Covenants. The Recipient undertakes to advise the Province within five (5) Business Days of: (a) Any changes that affect its representations, warranties and covenants under sections 2.1, 2.2 or 2.3 of Schedule ³A´of this Agreement during the Term of the Agreement; and (b) Any actions, suits or other proceedings which could or would reasonably prevent the Recipient from complying with the terms and conditions of this Agreement. ARTICLE 3 FUNDS AND CARRYING OUT THE PROJECT 3.1 Funds Provided. The Province will: (a) Provide Funds to the Recipient up to the Maximum Funds, based on the Cost-Share Funding Percentage, for the sole purpose of carrying out the Project; (b) Provide the Funds to the Recipient in accordance with section D.5 of Schedule ³D´of this Agreement provided that the Recipient makes claims for payment of Funds in accordance with section D.5 of Schedule ³D´of this Agreement; (c) Provide funding as long as the total combined amount of provincial and federal assistance for the Eligible Costs actually incurred and paid by the Recipient do not exceed ninety per cent (90%) of those costs; and (d) Deposit the Funds into an account designated by the Recipient, provided that account: (i)
Resides at a Canadian financial institution, and
(ii)
Is in the name of the Recipient.
3.2 Limitation On Payment Of Funds. Despite section 3.1 of Schedule ³A´of this Agreement: (a) The Province is not obligated to provide any Funds to the Recipient until the Recipient provides the insurance certificate or other proof as the Province may request pursuant to section 11.2 of Schedule ³A´of this Agreement; 7 of 34
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(b) The Province is not obligated to provide any Funds until it is satisfied with the progress of the Project; (c) The Province may adjust the amount of Funds it provides to the Recipient without liability, penalty or costs in any Funding Year based upon the Province¶s assessment of the information provided by the Recipient pursuant to Article 6 of Schedule ³A´of this Agreement; (d) If, pursuant to the FAA, the Province does not receive the necessary appropriation from the Ontario Legislature for payment under this 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 without liability, penalty or costs; or (ii) Recover Funds already paid to the Recipient; or Terminate the Agreement pursuant to section 13.1 of Schedule ³A´of this Agreement; (e) The Province shall impose a Holdback on any payment of Funds and will not be obligated to pay that Holdback to the Recipient until after the Province approves the Recipient¶s Final Report pursuant to Article 6 of Schedule ³A´of this Agreement; and (f) The Province is not obligated to pay interest on the Holdback as described in (e) or any other payments under this Agreement. (iii)
3.3 Use Of Funds And Project. The Recipient will: (a) Carry out the Project in accordance with the terms and conditions of this Agreement; (b) Complete the Project by the Project Completion Date; (c) Not use the Funds for Ineligible Costs; (d) Use the Funds only: (i)
for Eligible Costs that are necessary for the purposes of carrying out the Project; and (ii) for those activities set out in section D.3.1 of Schedule ³D´of this Agreement; and (e) Use the Funds only in accordance with the Budget. 3.4 Province¶s Role Limited To Providing Funds. For greater clarity, the Province¶s role under this Agreement is strictly limited to providing Funds to the Recipient for the purposes of the Project and the Province is not responsible for carrying out the Project. Without limiting the generality of the foregoing, the fact that the Province may conduct reviews and/or audits of the Project as provided for in this Agreement or issues directions, approves changes to the Project or imposes conditions upon an approval in accordance with the terms and conditions of this Agreement will not be construed by the Recipient as the Province having a management, decision-making or advisory role in relation to the Project. The Recipient further agrees that the Recipient will not seek to include the Province as a decision-maker, advisor or manager of the Project through recourse to a third party, court, tribunal or arbitrator. 3.5 No Changes. The Recipient will not make any changes to the Project, including to the Budget or timelines, without the prior written consent of the Province. 3.6 Interest Bearing Account. If the Province provides Funds to the Recipient before the Recipient¶s immediate need for the Funds, the Recipient will place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. The Recipient will hold the Funds in trust for the Province until the Recipient needs the Funds for the Project. 8 of 34
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3.7 Recipient Earning Interest. If the Recipient earns any interest on the Funds, the Province may: (a) Deduct an amount equal to the interest from any further installment of the Funds; or (b) Demand from the Recipient the repayment of an amount equal to the interest.
3.8 No Provincial Payment Of Interest. The Province is not required to pay interest on any Funds under this Agreement. For greater clarity, this includes interest on any Funds that the Province has withheld paying to the Recipient. 3.9 Maximum Funds. The Recipient acknowledges and agrees that the Funds available to it pursuant to this Agreement will not exceed the Maximum Funds. 3.10 Rebates, Credits And Refunds. The Recipient acknowledges and agrees that the amount of Funds available to it pursuant to this Agreement is based on the actual costs to the Recipient, less any costs, including taxes, for which the Recipient has received, will receive or is eligible to receive, a rebate, credit or refund. 3.11 Funding, Not Procurement. For greater clarity, the Recipient acknowledges and agrees that: (a) It is receiving funding from the Province for the Project and is not providing goods or services to the Province; and (b) The funding the Province is providing under this Agreement is funding for the purposes of the PSSDA. ARTICLE 4 RECIPIENT’S ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF ASSETS 4.1 Acquisition. If the Recipient acquires goods or services or both with the Funds, it will: (a) Do so through a process that is transparent, fair and promotes the best value for the money expended and at competitive prices that are no greater than fair market value after deducting trade discounts and/or any other discounts available to the Recipient; and (b) Comply with any Requirements of Law that may be applicable to how the Recipient acquires any goods or services or both. 4.2 Contracts. The Recipient will ensure that all Contracts: (a) Are consistent with this Agreement; (b) Do not conflict with this Agreement; (c) Incorporate the relevant provisions of this Agreement to the fullest extent possible; (d) Require that any parties to those Contracts comply with all Requirements of Law; and (e) Authorize the Province to perform audits of the parties to those Contracts in relation to the Project as the Province sees fit in connection with Article 6 of Schedule ³A´of this Agreement.
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4.3 Disposal. The Recipient will not, without the Province¶s prior written consent, sell, lease or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the amount set out in section B.1.5 of Schedule ³B´of this Agreement at the time of purchase within the date set out in section B.1.6 of Schedule ³B´of this Agreement.
ARTICLE 5 CONFLICT OF INTEREST 5.1 No Conflict Of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential or perceived conflict of interest. 5.2 Conflict Of Interest Includes. For the purposes of this Article, a conflict of interest includes any circumstances where: (a) The Recipient; or (b) Any person who has the capacity to influence the Recipient¶s decisions, has outside commitments, relationships or financial interests that could, or could be seen to, interfere with the Recipient¶s objective, unbiased and impartial judgment relating to the Project, the use of the Funds or both. 5.3 Disclosure To The 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 impose as a result of the disclosure. ARTICLE 6 REPORTING, ACCOUNTING AND REVIEW 6.1 Preparation And Submission. The Recipient will: (a) Submit to the Province at the address referred to in section B.1.7 of Schedule ³B´of this Agreement or in a manner specified by the Province, all Reports in accordance with the timelines and content requirements set out in Schedule ³E´of this Agreement, or in a form as specified by the Province from time to time; (b) Submit to the Province at the address provided in section B.1.7 of Schedule ³B´of this Agreement or in a manner specified by the Province, 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 are completed to the satisfaction of the Province; and (d) Ensure that all Reports are signed on behalf of the Recipient by an authorized signing officer and that the accompanying confirmation has been completed. 6.2 Records Maintenance. The Recipient will keep and maintain: (a) All financial records, including invoices, relating to the Funds or otherwise to the Project in a manner consistent with generally acceptable accounting principles; and (b) All non-financial documents and records relating to the Funds or otherwise to the Project.
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6.3 Inspection. The Province, its authorized representatives or an independent auditor identified by the Province may, at their own expense, upon twenty-four (24) hours¶Notice to the Recipient during normal business hours, enter upon the Recipient¶s premises to review the progress of the Project and the Recipient¶s allocation and expenditure of the Funds and, for these purposes, the Province, its authorized representatives or an independent auditor identified by the Province may take one or more of the following actions: (a) Inspect and copy the records and documents referred to in section 6.2 of Schedule ³A´of this Agreement; (b) Remove any copies made pursuant to section 6.3(a) of Schedule ³A´of this Agreement from the Recipient¶s premises; and (c) Conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds, the Project or both. 6.4 Disclosure. To assist in respect of the rights set out under section 6.3 of Schedule ³A´of this Agreement, the Recipient will disclose any information requested by the Province, its authorized representatives or an independent auditor identified by the Province and will do so in the form requested by the Province, its authorized representatives or an independent auditor identified by the Province, as the case may be. 6.5 No Control Of Records. No provision of this Agreement will be construed so as to give the Province any control whatsoever over the Recipient¶s records. 6.6 Auditor General. For greater certainty, the Province¶s rights to audit under this Article 6 of the Agreement are in addition to any rights provided to the Auditor General. ARTICLE 7 COMMUNICATIONS 7.1 Acknowledgement And Support. Unless otherwise directed by the Province, the Recipient will acknowledge the support of the Province in the form and manner set out under section B.1.8 of Schedule ³B´of this Agreement. 7.2 Approvals Prior To Publication. The Recipient will submit all Project-related publications ± whether written, oral or visual ±to the Province for the approval of the Province prior to publication. The Recipient will indicate, in all 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. 7.3 Publication By The Province. The Recipient agrees that the Province may, in addition to any obligations the Province may have under FIPPA, publicly release information under this Agreement, including the Agreement itself, in hard copy or in electronic form, on the internet or otherwise. Without limiting the generality of the foregoing, the types of information the Province may publicize includes: (a) The Recipient¶s name; (b) A description of the Recipient¶s Project; (c) The amount of Funds the Recipient was approved to receive under this Agreement; and (d) The amount of Funds the Recipient actually received under this Agreement.
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7.4 News Releases. The Recipient will ensure that all news releases related to the Project and created by the Recipient: (a) Are approved beforehand by the Province and (b) Include quotes from the Province, unless the Province declines to participate. 7.5 News Conferences. The Recipient will notify the Province in a timely manner of any planned news conferences organized by the Recipient to facilitate the attendance of the Province. The date for the news conference and other logistical considerations will be negotiated between the Province and the Recipient. ARTICLE 8 ADDITIONAL TERMS AND CONDITIONS 8.1 Additional Terms And Conditions. The Recipient will comply with any Additional Terms and Conditions set out under section B.2 of Schedule ³B´of this Agreement. In the event of a conflict or inconsistency between any of the requirements of the Additional Terms and Conditions and any requirements of this Schedule ³A´of the Agreement, the Additional Terms and Conditions will prevail. ARTICLE 9 DISCLOSURE OF INFORMATION PROVIDED BY RECIPIENT 9.1 FIPPA. The Recipient acknowledges that the Province is bound by the FIPPA and undertakes to perform its obligations under this Agreement in a manner that ensures that the Province is not in breach of its obligations under FIPPA. 9.2 Disclosure Of Information. Any information provided to the Province in connection with the Project or otherwise in connection with this Agreement may be subject to disclosure in accordance with FIPPA and any other Requirements of Law. ARTICLE 10 INDEMNITY 10.1 Indemnification. The Recipient hereby agrees to indemnify and hold harmless the Indemnified Parties from and against any and all direct or indirect liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with this Agreement, unless solely caused by the gross negligence or wilful misconduct of the Province. 10.2 Recipient¶s Participation. The Recipient will, at its expense, to the extent requested by the Province, participate in or conduct the defence of any proceeding against any Indemnified Parties and any negotiations for their settlement. 10.3 Province¶s Election. The Province 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 this Agreement, at law or in equity. Each Party participating in the defence will do so by actively participating with the other¶s counsel.
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10.4 Settlement 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 of the Province. If the Recipient is requested by the Province to participate in or conduct the defence of any proceeding, the Province, as the case may be, will co-operate with and assist the Recipient to the fullest extent possible in the proceeding and any related settlement negotiations. 10.5 Recipient¶s Co-operation. If the Province conducts the defence of any proceedings, the Recipient will co-operate with and assist the Province, as the case may be, to the fullest extent possible in the proceedings and any related settlement negotiations. ARTICLE 11 INSURANCE 11.1 Recipient¶s Insurance. The Recipient represents and warrants that it has, and will maintain for the Term of this Agreement, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all 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 two million dollars ($2,000,000.00) per occurrence. The policy will include the following: (a) The Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient¶s obligations under, or otherwise in connection with, the Project or under this Agreement; (b) A cross-liability clause; (c) Contractual liability coverage; and (d) A thirty (30) day written notice of cancellation provision. 11.2 Proof Of Insurance. The Recipient will provide the Province with certificates of insurance, or other proof as the Province may request within the time limit set out in that request, that confirms the insurance coverage as required under section 11.1 of Schedule ³A´of this Agreement. Upon the request of the Province, the Recipient will make available to the Province a copy of each insurance policy. ARTICLE 12 TERMINATION ON NOTICE 12.1 Termination On Notice. The Province may terminate the Agreement at any time without liability, penalty or costs upon giving at least thirty (30) days¶Notice to the Recipient. 12.2 Consequences Of Termination On Notice By The Province. If the Province terminates this Agreement pursuant to section 12.1 of Schedule ³A´of this Agreement, the Province may take one or more of the following actions: (a) Direct that the Recipient does not incur any costs for the Project that are Eligible Costs under this Agreement without the Province¶s prior written consent; (b) Cancel any further payments of the Funds; (c) Demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and (d) Determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: 13 of 34
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(i) (ii)
Permit the Recipient to offset such costs against the amount owing pursuant to section 12.2(b) of Schedule ³A´of this Agreement; and Subject to section 3.9 of Schedule ³A´of this Agreement, provide Funds to the Recipient to cover such costs.
ARTICLE 13 TERMINATION WHERE NO APPROPRIATION 13.1 Termination Where No Appropriation. If, as provided for in sections 3.2(d) of Schedule ³A´of this Agreement, the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to this Agreement, the Province may terminate the Agreement immediately without liability, penalty or costs by giving Notice to the Recipient. 13.2 Consequences Of Termination Where No Appropriation. If the Province terminates this Agreement pursuant to section 13.1 of Schedule ³A´of this Agreement, the Province may take one or more of the following actions: (a) Cancel any further payments of the 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 permit the Recipient to offset such costs against the amount owing pursuant to section 13.2(b) of Schedule ³A´of this Agreement. 13.3 No Additional Funds. For greater clarity, if the costs determined pursuant to section 13.2(c) of Schedule ³A´of this Agreement exceed the Funds remaining in the possession or under the control of the Recipient, the Province will not provide additional Funds to the Recipient. ARTICLE 14 EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR DEFAULT 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 term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of this Agreement: (i) Carry out the Project; (ii)
Use or spend the Funds;
Provide, in accordance with section 6.1 of Schedule ³A´Reports or any such other reports as may have been requested pursuant to section 6.1(b) of Schedule ³A´under this Agreement; or (iv) The Recipient fails to follow any directions that the Province provides under this Agreement. (b) The Recipient¶s operations, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements of the Program under which the Province provides the Funds; (c) The Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application or an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; or (d) The Recipient ceases to operate. (iii)
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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 a period as the Province determines appropriate; (d) Reduce the amount of Funds by an amount the Province determines is appropriate, acting reasonably; (e) Cancel any further payments of the 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 not use in accordance with the terms and conditions of this Agreement; (h) Demand the repayment of an amount equal to any Funds the Province provided to the Recipient, even though the Project is partially completed; and (i) Terminate this Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. 14.3 Opportunity To Remedy. If, in accordance with section 14.2(b) of Schedule ³A´of this Agreement, 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. 14.4 Recipient Not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to section 14.2(b) of Schedule ³A´of this Agreement, 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 sections 14.2(a), (c), (d), (e), (f), (g), (h) and (i) of Schedule ³A´of this Agreement. 14.5 When Termination Effective. Termination under this Article 14 of Schedule ³A´of this Agreement will take effect as set out in the Notice. ARTICLE 15 FUNDS AT THE END OF A FUNDING YEAR 15.1 Funds At The End Of A Funding Year. Without limiting any rights of the Province under Article 14 of Schedule ³A´of this Agreement, 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 payments of Funds accordingly. 15 of 34
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ARTICLE 16 FUNDS UPON EXPIRY 16.1 Funds Upon Expiry. The Recipient will, upon the expiry of the Agreement, return to the Province any Funds remaining in its possession or under its control. ARTICLE 17 REPAYMENT 17.1 Repayment Of Overpayment. If at any time during the Term of this Agreement the Province provides Funds in excess of the amount to which the Recipient is eligible to receive under this Agreement, the Province may: (a) Deduct an amount equal to the excess Funds from any further payments of the Funds; or (b) Demand that the Recipient pay an amount equal to the excess Funds to the Province. 17.2 Debt Due. If, pursuant to this 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. For greater clarity, in the event that the Recipient makes an assignment, proposal, compromise or arrangement for the benefit of creditors or a creditor makes an application for an order adjudging the Recipient bankrupt or applies for the appointment of a receiver, this section 17.2 of Schedule ³A´of this Agreement will not affect any Funds that the Recipient is holding in trust for the Province under section 3.6 of Schedule ³A´of this Agreement. 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. 17.4 Payment Of Money To Province. The Recipient will pay any money owing to the Province by cheque payable to the ³Ontario Minister of Finance´and delivered to the Province at the address referred to in section 18.1 of Schedule ³A´of this Agreement. 17.5 Repayment. Without limiting the application of section 43 of the FAA, if the Recipient fails to repay any amount owing under this 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. 17.6 Funds Are Part Of A Social Or Economic Program. The Recipient acknowledges and agrees that any Funds provided under this Agreement are for the administration of social or economic programs or the provision of direct or indirect support to members of the public in connection with social or economic policy.
ARTICLE 18 NOTICE 16 of 34
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18.1 Notice In Writing And Addressed. Notice will be in writing and will be delivered by email, postage-paid mail, personal delivery or fax and will be addressed to the Province and the Recipient respectively as set out in section B.1.9 of Schedule ³B´of this Agreement or as either Party later designates to the other by Notice. 18.2 Notice Given. Notice will be deemed to have been given: (a) In the case of postage-paid mail, five (5) Business Days after the Notice is mailed; or (b) In the case of email, personal delivery or fax, one (1) Business Day after the Notice is delivered. 18.3 Postal Disruption. Despite section 18.2(a) of Schedule ³A´of this Agreement, 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 fax. ARTICLE 19 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT 19.1 Consent. When the Province provides its consent pursuant to this Agreement, that consent will not be considered valid unless that consent is in writing and the person providing that consent indicates in the consent that that person has the specific authority to provide that consent. The Province may also impose any terms and conditions on such consent and the Recipient will comply with such terms and conditions. ARTICLE 20 SEVERABILITY OF PROVISIONS 20.1 Invalidity Or Unenforceability Of Any Provision. The invalidity or unenforceability of any provision in this Agreement will not affect the validity or enforceability of any other provision of this Agreement. Any invalid or unenforceable provision will be deemed to be severed. ARTICLE 21 WAIVER 21.1 Waivers In Writing. If a Party fails to comply with any term or condition of this 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 18 of Schedule ³A´of this Agreement. Any waiver must refer to a specific failure to comply and will not have the effect of waiving any subsequent failures to comply. For greater clarity, where the Province chooses to waive a term or condition of this Agreement, such waiver will only be binding if provided by a person who indicates in writing that he or she has the specific authority to provide such a waiver. ARTICLE 22 INDEPENDENT PARTIES 22.1 Parties Independent. The Recipient acknowledges and agrees that it 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.
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ARTICLE 23 ASSIGNMENT OF AGREEMENT OR FUNDS 23.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under this Agreement. 23.2 Agreement Binding. All rights and obligations contained in this Agreement will extend to and be binding on the Parties¶respective heirs, executors, administrators, successors and permitted assigns. ARTICLE 24 GOVERNING LAW 24.1 Governing Law. This 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 this Agreement will be conducted in the Courts of Ontario, which will have exclusive jurisdiction over such proceedings. ARTICLE 25 FURTHER ASSURANCES 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 this Agreement to their full extent. ARTICLE 26 JOINT AND SEVERAL LIABILITY 26.1 Joint And Several Liability. Where the Recipient comprises more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under this Agreement. ARTICLE 27 RIGHTS AND REMEDIES CUMULATIVE 27.1 Rights And Remedies Cumulative. The rights and remedies of the Province under this Agreement are cumulative and are in addition to, and not in substitution of, any of its rights and remedies provided by law or in equity. ARTICLE 28 ACKNOWLEDGMENT OF OTHER LEGISLATION AND DIRECTIVES 28.1 Recipient Acknowledges. The Recipient acknowledges that: (a) By receiving Funds it may become subject to legislation applicable to organizations that received funding from the Government of Ontario, including the BPSAA, the PSSDA and the Auditor General Act; (b) Her Majesty the Queen in Right of Ontario has issued expenses, perquisites and procurement directives and guidelines pursuant to the BPSAA; and (c) It will comply with any such legislation, including directives issued thereunder, to the extent applicable. 18 of 34
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ARTICLE 29 JOINT AUTHORSHIP 29.1 Joint Authorship Of Agreement. The Parties will be considered joint authors of this Agreement and no provision herein will be interpreted against one Party by the other Party because of authorship. No Party will seek to avoid a provision herein because of its authorship through recourse to a third party, court, tribunal or arbitrator. ARTICLE 30 FAILURE TO COMPLY WITH OTHER AGREEMENT 30.1 Other Agreements. If the Recipient: (a) Has committed a Failure; (b) Has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) Has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) Such Failure is continuing, the Province may suspend the payment of Funds under this Agreement without liability, penalty or costs for such period as the Province determines appropriate. ARTICLE 31 SURVIVAL 31.1 Survival. The provisions of this Agreement that by their nature survive the expiration or early termination of this Agreement will so survive for a period of seven (7) years from the date of expiry or termination. Without limiting the generality of the foregoing, the following Articles and sections, and all applicable cross-referenced sections and schedules will continue in full force and effect for a period of seven (7) years from the date of expiry or termination: Articles 1 and any other applicable definitions, 9, 10, 17, 18, 20, 21, 24, 25, 27 and 29 as well as sections 3.2(d), 3.2(e), 3.4, 3.9, 3.10, 3.11, 6.1 (to the extent that the Recipient has not provided the Reports to the satisfaction of the Province), 6.2, 6.3, 6.4, 6.5, 6.6, 12.2, 13.2, 14.1, 14.2, 14.4 of Schedule ³A´of this Agreement and any cross-referenced Schedules therein as well as any other provision in this Agreement that specifically sets out it will survive the expiration or early termination of this Agreement. Despite the above, section 4.3 of Schedule ³A´shall survive for a period of two (2) years from the date of expiry or termination of this Agreement. ARTICLE 32 BPSAA 32.1 BPSAA. For the purposes of clarity, if the Recipient is subject to the BPSAA and there is a conflict between any of the requirements of this Agreement and the requirements of the BPSAA, the BPSAA will prevail. [REST OF PAGE INTENTIONALLY LEFT BLANK - SCHEDULE ³B´FOLLOWS]
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SCHEDULE ³B´ OPERATIONAL REQUIREMENTS AND ADDITIONAL TERMS AND CONDITIONS B.1
OPERATIONAL REQUIREMENTS
B.1.1 Effective Date. The Effective Date of this Agreement is:
December 13, 2019
B.1.2 Expiration Date. The Expiration Date of this Agreement is:
December 31, 2022
B.1.3 Project Approval Date. The Project Approval Date is the same as the Effective Date. B.1.4 Project Completion Date. The Project Completion Date is:
December 31, 2021
The Project Completion Date may be extended at the request of the Recipient by up to 6 months, provided that: (a) the proposed extended date falls within the same Funding Year as the current Project Completion Date, and is at least 6 months prior to the Expiration Date (b) the request is made in writing to the address in s. B.1.7; and (c)
the request is approved by the Province in writing.
Extensions of the Project Completion Date into another Funding Year, or which would result in the Project Completion Date not being at least 6 months prior to the Expiration Date will require a written amendment to this Agreement duly executed by the Parties. B.1.5 Disposal Of Assets. The amount for the purposes of section 4.3 of Schedule ³A´of this Agreement is fifty thousand dollars ($50,000.00) unless Ontario¶s contribution is less than twenty five thousand dollars ($25,000.00) in which case section 4.3 of Schedule ³A´of this Agreement does not apply. B.1.6 Asset Retention Time Period. For the purposes of section 4.3 of Schedule ³A´of this Agreement the Recipient will retain the asset(s) for two (2) years from the date that the Project is completed. B.1.7 Submission Of Publications For Approval And Reports. All Reports and Project-related publications under this Agreement shall be submitted to: Name:
Ontario Ministry of Agriculture, Food and Rural Affairs
Address: Attention:
Rural Programs Branch 4th Floor NW, 1 Stone Road West Guelph, Ontario N1G 4Y2 Jane Widdecombe, Manager
Email:
or any other person identified by the Province in writing. B.1.8 Recognition Of Provincial Support: The Recipient shall include on all Project-related publication ±whether written, oral or visual ±graphic identifiers of the Program or a tag line which recognizes the support provided by the Program. This recognition is subject to approval by the Province under section 7.2 of Schedule ³A´of this Agreement
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B.1.9 Providing Notice. All Notices under this Agreement shall be provided to: The Province:
The Recipient:
Address:
Ontario Ministry of Agriculture, Food and Rural Affairs Rural Programs Branch 4th Floor NW, 1 Stone Road West Guelph, Ontario N1G 4Y2
The Corporation of the Township of South Frontenac PO Box 100, 4432 George Street Sydenham, Ontario K0H 2T0
Attention:
Carolyn Hamilton, Director
Neil Carbone, Chief Administrative Officer
Email:
Name:
or any other person identified by the Parties in writing through a Notice. B.2
ADDITIONAL TERMS AND CONDITIONS
B.2.1
Notice Of Recipient¶s Insolvency. The Recipient will: (a) Provide the Province with Notice at least five (5) Business Days prior to making an assignment, proposal, compromise or arrangement for the benefit of its creditors and will not incur any additional costs for the Project under this Agreement without the Province¶s prior written consent from the date the Notice is sent to the Province; and (b) Provide the Province with Notice within five (5) Business Days of a creditor providing the Recipient with a notice of an intent to enforce security or applying for an order adjudging the Recipient bankrupt or the appointment of a receiver, and will not incur any additional costs under this Agreement without the prior approval of the Province from the date that the Recipient received notice of the creditor¶s action. [REST OF PAGE INTENTIONALLY LEFT BLANK - SCHEDULE ³C´FOLLOWS]
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SCHEDULE ³C´ PROJECT DESCRIPTION C.1
PROJECT NAME
C.2
Open for Business South Frontenac: Streamlining Development Approvals for Rural Economic Growth PROJECT STREAM Economic Diversification and Competitiveness Stream
C.3
PROJECT OBJECTIVE
C.4
Township of South Frontenac will receive up to $139 208.00 for improvements to the building development approvals process through the implementation of new technology and the integration of the municipality’s systems and software. ACTIVITIES
Advertising/marketing of new systems - project related costs IPads - minor capital IT costs - incremental Land management software and support - project related software Laptop - minor capital Project manager to implement software - wages on project related activities Workshop/course All activities identified above will be completed by the Project Completion Date identified under section B.1.4 of Schedule ³B´of this Agreement. [REST OF PAGE INTENTIONALLY LEFT BLANK - SCHEDULE ³D´FOLLOWS]
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SCHEDULE “D” PROJECT FINANCIAL INFORMATION D.1
FUNDING INFORMATION
D.1.1
Cost-Share Funding Percentage. The Cost-Share Funding Percentage is fifty per cent (50%) of incurred paid Eligible Costs up to the Maximum Funds. The percentage noted above is rounded to a whole number. Note that for payment purposes the percentage is calculated to 10 decimal places and is based on the Maximum Funds against the Project¶s Total Eligible Costs. “Maximum Funds”. The Maximum Funds the Recipient is eligible to receive from the Province under this Agreement is $139,208.00 Holdback. The Holdback will be up to ten per cent (10%) of Maximum Funds from the final payment of Funds made under this Agreement.
D.1.2 D.1.3 D.2
INCURRING ELIGIBLE COSTS
D.2.1
Incurring Eligible Costs. The Recipient will incur Eligible Costs in accordance with the following chart and no later than by the Project Completion Date. TOTAL ELIGIBLE COSTS TO BE INCURRED BY QUARTER WITHIN FUNDING YEAR QUARTER 1 (APR. ±JUN.)
QUARTER 2 (JUL. ±SEP.)
QUARTER 3 (OCT. ±DEC.)
QUARTER 4 (JAN. ±MAR.)
2019-20
$0.00
$0.00
$0.00
$150,473.00
$150,473.00
2020-21
$19,251.00
$16,251.00
$25,167.00
$18,251.00
$78,920.00
2021-22
$16,251.00
$16,251.00
$16,521.00
$0.00
$49,023.00
TOTAL ELIGIBLE COSTS UP TO
$278,416.00
FUNDING YEAR
D.3
BUDGET
D.3.1
The Budget. The Budget for the Project is set out in the following chart:
ELIGIBLE COST ITEM
Advertising/marketing of new systems - project related costs IPads - minor capital IT costs - incremental
Land management software and support - project related software
Laptop - minor capital
Project manager to implement software - wages on project related activities Workshop/course TOTAL ELIGIBLE COSTS UP TO
D.3.2
TOTAL
$278,416.00
Project Financing For Eligible Costs. The Financing for the Project is set out in the following chart: PROJECT FINANCING
$ AMOUNT
RED Funding
$139,208.00
Corporation of the Township of South Frontenac
$71,354.00 23 of 34
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Corporation of the County of Frontenac
$5,000.00
Other Government Funding
$62,854.00 TOTAL ELIGIBLE COSTS
$278,416.00
D.4
CLAIM SUBMISSION DEADLINES
D.4.1
Claim Submission Deadlines. The Recipient shall submit requests for payment as follows: (a) a completed Progress Update and Claim Statement form shall be submitted no later than the date that is half-way between the Effective Date and the Project Completion Date; (b) additional requests for payment may be made at any time by submitting a completed Progress Update and Claim Statement form; and (c) the final claim statement shall be submitted on a completed Progress Update and Claim Statement form within 3 months after the Project Completion Date. In addition to the rights of the Province under this Agreement, including under section 3.2 of Schedule A, the Province reserves the right not to pay the claim if the Recipient does not submit a Progress Update and Claim Statement form in accordance with subsections D4.1(a) or (b), or if a claim is submitted after the Province has approved the Final Report.
D.5
PAYMENT OF FUNDS
D.5.1
Payment Of Funds. Subject to the terms and conditions of this Agreement, the Recipient will incur Eligible Costs in accordance with the following chart (Column B) and the Province will pay Funds to the Recipient in accordance with the following chart (Column C): ELIGIBLE COSTS BY FUNDING YEAR (B)
FUNDING YEAR (A)
MAXIMUM FUNDS BY FUNDING YEAR (C)
2019-20
$150,473.00
$75,236.50
2020-21
$78,920.00
$39,460.00
2021-22
$49,023.00
$24,511.50
$278,416.00
$139,208.00
TOTAL D.6
ELIGIBLE COSTS
D.6.1
Eligible Costs. Eligible Costs are those costs that are: (a) incurred by the Recipient in the Province of Ontario on or after the Effective Date and on or before the Project Completion Date; (b) paid by the Recipient to an Arm¶s Length third party; (c) consistent with the applicable list of Eligible Costs set out in the Guidelines from time to time; (d) if related to travel or meals, are consistent with the requirements for travel and meal costs set out in section D.8; and (e) in the Province¶s sole and absolute discretion, directly attributable and necessary for the successful completion of the Project and properly and reasonably incurred, paid or reimbursed by the Recipient. When purchasing goods or services for the Project, Recipients must follow a process that is transparent and fair, that promotes the best value for the money expended and is at competitive prices that are no greater than the fair market value, including when retaining consultants and contractors. The Province may in its sole and absolute discretion approve other costs as Eligible Costs if such costs are, in the Province¶s sole and absolute discretion, directly attributable and necessary for the successful completion of the Project and such costs are approved in writing by the Province prior to being incurred and paid. 24 of 34
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D.7
INELIGIBLE COSTS
D.7.1
Ineligible Costs. Ineligible Costs are any costs that do not meet the requirements for Eligible Costs in section D.6.1 or were not approved by the Province in writing before the Recipient incurred the costs or are costs that are identified as ³Ineligible Costs´in the Guidelines from time to time. Ineligible Costs are not eligible for funding under this Agreement.
D.8
TRAVEL AND MEAL COSTS In order to be considered Eligible Costs, travel and meal costs must be identified in section D.3.1 and must be incurred only by persons who were hired to work 100 per cent of their time on the Project and whose position is funded by the Funds.
D.8.1
D.8.2
D.8.3
Public Transit. Local public transportation including hotel/airport shuttles must be used wherever possible. A transit pass or passes, must be purchased where available and appropriate. Rental Vehicles. The lowest cost model should be rented. Any exceptions must be documented and approved prior to the rental; and should be guided by the principle that the rental vehicle is the most economical and practical size, considering the business purpose, number of occupants, safety (including weather) considerations and any reasonable accommodation requirements. Luxury and premium vehicles are not permitted. To avoid higher gasoline charges, the rental car should be refueled before returning it Personal Vehicle. If using a personal vehicle, daily logs must be kept to track the business use, with distances calculated in kilometers. The current rates for travelling (per kilometer) in a personal vehicle, based on kilometers accumulated from April 1 of each Funding Year, are as follows: (a) From 0 ±km; $0.40 in Southern Ontario and $0.41 in Northern Ontario; (b) From 4,001 ±km; $0.35 in Southern Ontario and $0.36 in Northern Ontario; (c) From 10,701 ±km; $0.29 in Southern Ontario and $0.30 in Northern Ontario; (d) More than 24,000 km; $0.24 in Southern Ontario and $0.25 in Northern Ontario; and
D.8.4 D.8.5
(e) Necessary expenditures for parking, tolls for bridges, ferries and highways are eligible. If 200 km or more will be driven a day, use of a rental vehicle is required. Parking. Necessary and reasonable parking expenses incurred while conducting Projectrelated activities. Air and Rail Travel. Air and rail travel must be the most practical and economical way to travel. The lowest fare available is the standard. Business class is only appropriate on a train in limited circumstances such as; (a) The need to work with a team: (b) Choosing a travel time that allows you to reduce other expenditures or accommodation; (c) Accommodation requirements; and (d) Health and safety requirements
D.8.6
Taxis and Ride-hailing Services. Taxis and ride-hailing services may be justified in cases where: (a) group travel is more economical than the total cost of individuals travelling separately by public transit or shuttle; or (b) there is an unusually tight schedule for meetings
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D.8.7
D.8.8
D.8.9
Accommodations. Reimbursement can be made for single accommodation in a standard room. Reimbursement for hotel suites, executive floors or concierge levels is not permitted. To lower the costs of accommodation, consideration should be given to accommodation outside of downtown areas. Penalties incurred for non-cancellation of guaranteed hotel reservations are not Eligible Costs. Private stays with friends or family are acceptable, and a cash payment or gift may be provided to the friends or family. A maximum of $30 per night is allowed for accommodation including any meals with friends or family, in lieu of commercial accommodation. The $30 value may be given in the form of a small gift (which must be accompanied by a receipt) or by cash or cheque. Telecommunication While Travelling. Audio or video conferencing should be considered as an alternative to travel. Whenever possible, the least expensive means of communications should be used while travelling, such as calling card. Meals While Travelling. Alcohol cannot be claimed and will not be reimbursed as part of a travel or meal expense. Taxes and gratuities are included in the meal rates. Reimbursement is for food eaten in a restaurant or for the purchase of prepared food only. Meal Rates in Canada: (include taxes and gratuities) Meals
Maximum Amount
Breakfast
$10.00
Lunch
$12.50
Dinner
$22.50
These rates should also be used as the maximum amount per person for any centrally purchased meals. [REST OF PAGE INTENTIONALLY LEFT BLANK - SCHEDULE ³E´FOLLOWS]
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SCHEDULE ³E´ REPORTING E.1
Reporting Requirements. Reports shall be provided as set out in the table below. Reports are not considered delivered until reviewed and approved by the Province. Name of Report
Progress Update and Claim Statement
Final claim
Final Report
Other Reports Any other Report regarding the Project that the Province requests.
Due Date The Progress Update and Claim Statement will be completed in the form set out in Schedule ³E.1´and shall be submitted no later than the date that is half-way between the Effective Date and the Project Completion Date. A Progress Update and Claim Statement form must be submitted even where the amount claimed is zero, unless the Recipient has submitted the Final Report. The final claim is to be completed and submitted to the Province within three (3) months of the Project Completion Date using the Progress Update and Claim Statement form (Schedule ³E.1´ The Final Report in the form set out in Schedule ³E.2´is to be completed and submitted to the Province on or before: April 30, 2022 As directed by the Province.
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SCHEDULE ³E.2´ FINAL REPORT File No.: Project Title: Project Completion Date: Date of Final Report: Project Recipient: Final Report is to be completed and submitted to the Province on or before the µFinal Report Due¶ identified under section E.1 of Schedule ³E´of this Agreement between the Recipient and Her Majesty the Queen in right of Ontario as represented by the Minister of Agriculture, Food and Rural Affairs ³OMAFRA´ with respect to the project (the ³Agreement´ All capitalized terms used in this Final Report have the meaning assigned to them in the Agreement unless they are defined differently in this Final Report. Please contact your Project Analyst should you have any questions when completing this Final Report.
Section 1 Project Details Was the Project completed as described in Schedule C of the Agreement? Yes
No
Project Variances (if applicable) If the Project was not completed as described in Schedule C of the Agreement, please describe the variances below (e.g. variances in project scope, schedule, spending etc.) and provide a rationale for the variances.
Section 2 Benefits and Outcomes In your application you indicated that the project would provide certain benefits and have certain outcomes. Please report on each of these as indicated below. 2.1 Project Benefits Describe how the Project directly benefited rural Ontario. Include impacts the project had across multiple communities, sectors and across parts of a value chain.
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2.2 Economic Barriers Describe how the Project reduced and/or removed existing barriers to economic development and reference any plans or studies where these have been identified (include both the number and description).
of barriers addressed:
Description of barriers:
2.3
Sustainability
Describe how the project¶s outcomes have/will continue to contribute to longer-term economic development outcomes after the RED program funding has ended.
2.4
Project Oversight
Describe the resources and skills used to manage and complete your project (including previous project management experiences).
2.5
Outcomes
Please enter a brief description, reporting on the results, and provide quantitative and qualitative statistics where applicable. i. Jobs created and/or retained x
Indicate the number of total jobs that were created and/or retained in rural Ontario as a result of the Project. Temporary Part-time (e.g., seasonal, (e.g., approximately 20 Full-time construction) hours/week)
Jobs Created Jobs Retained x
Provide details to substantiate the job numbers.
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ii. Investment attracted or retained x
Describe in detail how the project led to the attraction and retention of investments in rural Ontario, and how it is being measured.
iii. Businesses attracted, retained and/or expanded x
Describe in detail how the project worked with other entities in your region in rural Ontario (e.g., groups, organizations, communities, municipalities) to drive growth.
iv. Enhanced strategic economic infrastructure x
Describe in detail how the project advanced economic development and investment opportunities in rural Ontario, and the results achieved. Provide information on previously completed work (e.g. plans, strategies, research, data) that identified this project as an economic development priority.
v. Regional partnerships that drive growth x
Describe in detail how the project worked with other entities in your region in rural Ontario (e.g., groups, organizations, communities, municipalities) to drive growth.
vi. Please complete this section if Signage was required by Section B.1.8 of Schedule B of the Agreement. Recognition of the Rural Economic Development program¶s support x
A permanent sign has been installed recognizing the Program¶s financial support of the Project and the design of the sign and its location has been approved by the Province. Yes No
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Section 3 Financial Information Approved Total Eligible Costs: Budgeted Costs
Budget Item
Actual Costs
Variance
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
GROSS ELIGIBLE COST
$
$
$
Less HST (if included in the above numbers)
$
$
$
TOTAL NET ELIGIBLE COSTS*
$
$
$
- Total Net Eligible Cost should match the approved amount noted above.
Section 4 Other Benefits/Information Please provide any other information which demonstrates the success of the Project and its impact on other stakeholders, rural communities and the Province of Ontario.
32 of 34
Page 138 of 155 RED5-09115
Section 5 Service Experience Based on your experience with OMAFRA on the Project, please indicate with an ³X´in the appropriate box your response.
- Please indicate the extent to which you agree or disagree with the following statements.
Strongly Agree
Agree
Neither Agree nor Disagree
Disagree
Strongly Disagree
1
2
3
4
5
Once the Project was approved, I received all the information needed to proceed to the next step of the Project. The claim forms were easy to understand and complete. I was able to reach appropriate OMAFRA staff without difficulty. OMAFRA staff were knowledgeable. I received consistent advice from OMAFRA staff. OMAFRA staff were courteous 2. Overall, how satisfied were you with the Very amount of time it took to get the service Satisfied that you required?
Satisfied
Neither Strongly Satisfied nor Dissatisfied Dissatisfied Dissatisfied
- Overall, how satisfied were you with the Very service you received while implementing Satisfied the Project?
Satisfied
Neither Strongly Satisfied nor Dissatisfied Dissatisfied Dissatisfied
- To what extent did the availability of this funding assistance influence your decision to undertake the Project?
To a Great Somewhat Extent
Very Little
Not at all
- Overall, did you find working in the portal fairly easy to understand?
Very Easy Somewhat
Not Easy
Did Not Use the Portal
33 of 34
Page 139 of 155 RED5-09115
Section 6 Certification and Signature Disclosure of Information Information submitted in this Final Report to the Province of Ontario will be subject to the Freedom of Information and Protection of Privacy Act. Certification
- The Project as described in the Agreement has been completed;
- The Recipient is in compliance with all of the terms and conditions of the Agreement for the Project; and
- There have been no overpayments by OMAFRA or any other organization or government.
- All costs that have been claimed as Eligible Costs have been incurred and paid in full in accordance with the terms of the Agreement. The undersigned warrant(s) that these statements are true. [INSERT NAME OF RECIPIENT] Print Name & Title of Authorized Official:
Signature: Date:
34 of 34
Page 140 of 155
Payment Listing For the period of February 19, 2020 to March 3, 2020
Accounts Payable Payment Listing:
$
953,558.37
$
102,321.25
$
16,317.24
$
1,072,196.86
For the period of February 19, 2020 to March 3, 2020 Payroll Payment Listing: Pay Period #20-04
Pay date February 26 2020 For the period of February 9, 2020 to February 22, 2020
Council Honorarium:
Pay date February 28, 2020 For the period of February 1, 2020 to February 29, 2020
Total Payments
RECOMMENDATION:
It is recommended that Council receive for information the listing of the Accounts Payable and Payroll for the period ending March 3, 2020 in the amount of
$
1,072,196.86
Submitted by: Mark Foster - Accounting Clerk Approved by: Tracey Pritchard - Acting Deputy Treasurer
System:
2020-02-27
User ID:
mfoster
Ranges: Cheque Date:
Township of South Frontenac CHEQUE DISTRIBUTION REPORT
10:29:54 AM
From: 2020-02-19
To: 2020-03-03
Page:
1
Page 141 of 155
Distribution Types Included: PURCH, MISC
10 GG 0000 Gen Cheque EFT000000012963
Date
Inv #
2020-03-03 71758
Vendor
Description
THE FRONTENAC NEWS Ad-Jan 9,16,23,30
Total EFT000000012963
Total Gen
Amount $2,645.76 $2,645.76
$2,645.76
1000 Cheque EFT000000012995
Date
Inv #
2020-03-03
Vendor
Description
28803476
SUPERIOR PROPANE INC. 2409.4L @.45
101230 101293 227621 101446
TROUSDALE’S HOME HARDWARE LED Bulbs Ice Melt Salt Handrail Brackets+ Screws
18849 18848
UNITY SOD FARM LTD. Snow Plowing Snow Plowing
Total EFT000000012995 EFT000000013000 2020-03-03
Total EFT000000013000 EFT000000013005 2020-03-03
Total EFT000000013005
Total
Amount $1,179.32 $1,179.32 $10.67 $25.92 $8.64 $17.68 $62.91 $1,364.60 $1,563.03 $2,927.63
$4,169.86
1100 Counc Cheque EFT000000012986
Date
Inv #
2020-03-03
Vendor
Description
112062
PRINTFUSION INC. Business Cards R.S.
10863
SOUTHERN FRONTENAC COMMUNITY Women’s Inst. Hall Rental
Total EFT000000012986 EFT000000012994 2020-03-03 Total EFT000000012994
Total Counc
Amount $77.23 $77.23 $205.00 $205.00
$282.23
1210 CAO Cheque EFT000000012956
Date
Inv #
2020-03-03 58323
Vendor
Description
COUNTY OF FRONTENAC 1/3 X Architectual Services
Total EFT000000012956
Total CAO
Amount $996.75 $996.75
$996.75
1250 Clk Cheque EFT000000012986
Date
Inv #
2020-03-03
Vendor
Description
112169
PRINTFUSION INC. Tax Bill Newsletters
2971 1187 9179 1734
TROUSDALE’S FOODLAND Pancake Day Breakfast Milk+ Cream 3X Greeting Cards Coffee + Cream
Total EFT000000012986 EFT000000012999 2020-03-03
Total EFT000000012999
Total Clk
Amount $1,636.29 $1,636.29 $72.01 $13.56 $10.65 $22.03 $118.25
$1,754.54
1280 HR Cheque 070812
Date
Inv #
2020-03-03 20200219
Vendor
Description
THE GROCERY BASKET Labour Management Food
Amount
Total 070812
$156.03 $156.03
Total HR
$156.03
Total GG
$10,005.17
20 PP&P 2100 Fire Cheque 070810
Date
Inv #
2020-03-03
Vendor
2020-02-21
Agency Fee
$270.16 $270.16
12 VOLT DOES IT 25
Total EFT000000012930 EFT000000012940 2020-03-03 503151 Total EFT000000012940
Amount
FIRE MARQUE AF2305
Total 070810 EFT000000012930
Description
Siren + Speaker ALLIED MEDICAL INSTRUMENTS INC Medical Instruments
$2,577.07 $2,577.07 $3,042.16 $3,042.16
System:
2020-02-27
User ID:
mfoster
EFT000000012941
10:29:54 AM
Township of South Frontenac CHEQUE DISTRIBUTION REPORT
2020-03-03
ASSELSTINE HARDWARE 2X Adapter Hose
6958 Total EFT000000012941 EFT000000012950 2020-03-03
Page:
2
Page 142 of 155 $22.37 $22.37
CANADIAN TIRE 136682 141129
Total EFT000000012950 EFT000000012961 2020-03-03
Booster Pack+Cable Ties+Towels Batteries
442155
FIRE SERVICE MANAGEMENT Wash + Repair
131929 131931
FRASSO AUTOMOTIVE SERVICE Safety + Service Safety + Service
16246
JODY CAMPBELL’S SEPTIC SERVICE 20/02 Portable Toilet Rental
Total EFT000000012961 EFT000000012962 2020-03-03
Total EFT000000012962 EFT000000012968 2020-03-03 Total EFT000000012968 EFT000000012972 2020-03-03
$403.93 $51.33 $455.26 $1,486.86 $1,486.86 $387.92 $673.31 $1,061.23 $101.76 $101.76
LEONARD FUELS 0647-61046C 0647-61047C 2706-61781C 1057-61783C 3935-61797C 2706-61782C
Total EFT000000012972 EFT000000012974 2020-03-03 2101875332 2101904217 Total EFT000000012974 EFT000000012975 2020-03-03
Service Furnace Service Furnace Service Furnace Service Furnace Service Furnace Service Furnace MESSER CANADA INC. Oxygen Cylinder Utilization Fee
$237.67 $237.67 $211.91 $355.45 $240.76 $224.55 $1,508.01 $450.80 $79.37 $530.17
LONDRY ALARMS 201818
Total EFT000000012975 EFT000000012977 2020-03-03
Alarm Service
DA0007532436
MICHELIN NORTH AMERICA CANADA INC Tire
16546
NORTHWAY HARDWARE Screws + Lumber
Total EFT000000012977 EFT000000012980 2020-03-03 Total EFT000000012980 EFT000000012985 2020-03-03
$95.65 $95.65 $773.17 $773.17 $69.38 $69.38
PRINCESS AUTO 1432402
Total EFT000000012985 EFT000000012989 2020-03-03
2X Electric Engravers
1057-11842 1057-11952 1057-11254 1057-11255 1057-10581
ROSESON DISTRIBUTORS INC. 88.67L @.9880 92.00L @1.1201 54.60L @1.041 46.50L @1.041 60.44L @1.0322
11518
R. THURSTON TECHNOLOGIES 2X Service Calls- Repair Radio
28667177 28803614
SUPERIOR PROPANE INC. 2816.3L @.45 1970.2L @.45
K627796 K627966
SWISH MAINTENANCE LIMITED Cleaning Supplies Cleaning Supplies
48669
TRIM-LINE OF SOUTH EAST 10X Helmet Numbers
Total EFT000000012989 EFT000000012990 2020-03-03 Total EFT000000012990 EFT000000012995 2020-03-03
Total EFT000000012995 EFT000000012997 2020-03-03
Total EFT000000012997 EFT000000012998 2020-03-03 Total EFT000000012998 EFT000000013002 2020-03-03
$50.86 $50.86 $89.14 $104.86 $57.84 $49.26 $63.48 $364.58 $172.99 $172.99 $1,378.49 $964.36 $2,342.85 $177.69 $185.35 $363.04 $50.88 $50.88
TW PATCHING 991613
Total EFT000000013002 EFT000000013003 2020-03-03
Snow Plowing
19-014-4
UBCON CONSTRUCTION LTD Pad+ 2X Panels+Roof Work
18851
UNITY SOD FARM LTD. Snow Plowing
896-971078
UNIVERSAL SUPPLY GROUP Headlight Bulb
Total EFT000000013003 EFT000000013005 2020-03-03 Total EFT000000013005 EFT000000013006 2020-03-03 Total EFT000000013006
Total Fire
$1,170.24 $1,170.24 $3,686.76 $3,686.76 $846.64 $846.64 $29.90 $29.90
$21,071.99
2400 Police Cheque 070805
Date 2020-02-25
Inv #
Vendor
Description
MINISTER OF FINANCE-POLICE SERVICES 111102200808092 20/02 Policing Services
Amount
Total 070805
$256,771.00 $256,771.00
Total Police
$256,771.00
2605 Build Cheque EFT000000012938
Date
Inv #
2020-03-03
Vendor
Description
Amount
AIRD BERLIS 20/01/17
Integrity Commiss. Services
$2,126.78
System:
2020-02-27
User ID:
mfoster
10:29:54 AM
Township of South Frontenac CHEQUE DISTRIBUTION REPORT
Total EFT000000012938
Page:
3
Page 143 of 155 $2,126.78
Total Build
$2,126.78
2620 Anml Ctl Cheque EFT000000012933
Date 2020-02-28
Inv #
Vendor
Description
FRONTENAC MUNICIPAL LAW SF-AC-2020-FEBUARY 20/02 Animal Control
Total EFT000000012933
Total Anml Ctl
Amount $3,256.19 $3,256.19
$3,256.19
2640 Bylaw enf Cheque EFT000000012933
Date 2020-02-28
Inv #
Vendor
Description
FRONTENAC MUNICIPAL LAW SF-P-2020-FEBRUARY 20/02 Parking SF-P-2020-FEBRUARY 20/02 Parking
Total EFT000000012933
Total Bylaw enf
Amount $457.92 $634.98 $1,092.90
$1,092.90
Total PP&P
$284,318.86
30 Trans 3000 PW OH Cheque 070807
Date
Inv #
2020-03-03 5500150
Total 070807 070821
2020-03-03
Vendor
Description
ASSURED KINGSTON COLLISION Vehicle Repair R.K.
RODRIGUEZ, KELLY 2020 RENTAL CAR Claim- Rental Car
Total 070821
Total PW OH
Amount $1,071.29 $1,071.29 $100.00 $100.00
$1,171.29
3010 Cheque 070809
Date
Inv #
2020-03-03
Vendor
2020-03-03 5585
Total 070811 070813 Total 070813 070814 Total 070814 EFT000000012937
2020-03-03
2020-03-03
Survey Equipment Rental Survey Equipment Rental Survey Equipment Rental FRANK’S DRILLING & BLASTING Equipment Rental
MARSHALL, LANEY JEAN 2020 LAND PURCHASE Land Purchase- Green Bay Rd MARSHALL, ALLAN GREIG 2020-LAND PURCHASE Land Purchase- Green Bay Rd
2020-03-03 A2658078
ABELL PEST CONTROL INC. Pest Control
DL-2019-21-HB
AKMAN CONSTRUCTION INC. DesertLake Culvert-HB
Total EFT000000012937 EFT000000012939 2020-03-03 Total EFT000000012939 EFT000000012942 2020-03-03
Amount
CANSEL 90826226 90836442 90812723
Total 070809 070811
Description
BARR, PAT 2020 LAND PURCHASE
Total EFT000000012942 EFT000000012943 2020-03-03
Land Purchase- Green Bay Rd
24236031
BATTLEFIELD EQUIPMENT RENTALS Scissor Lift Rental
39703 39574
BLACK DOG TIRE & LUBRICANTS Service Call + Flat Repair 4X Tires
Total EFT000000012943 EFT000000012944 2020-03-03
Total EFT000000012944 EFT000000012951 2020-03-03
$2,716.91 $2,458.03 $2,628.11 $7,803.05 $51,879.79 $51,879.79 $2,700.00 $2,700.00 $2,431.43 $2,431.43 $72.85 $72.85 $53,437.35 $53,437.35 $6,700.00 $6,700.00 $426.27 $426.27 $186.22 $1,095.95 $1,282.17
CINTAS 4042549212 4042549212 4042549149 4042549149 4043242203 4043242203 4043242157 4043242157 4043780050 4043780050 4043780047 4043780047
Total EFT000000012951 EFT000000012953 2020-03-03
Uniform Cleaning Supplies Uniform Cleaning Supplies Uniform Cleaning Supplies Uniform Cleaning Supplies Uniform Cleaning Supplies Uniform Cleaning Supplies
245388
COLLINS SAFETY INC. Ear Plugs + Lens Tissues
1083
DAHM PAINTING & DECORATING LTD Painting
82867
EQUIPEMENTS LOURDS PAPINEAU INC 2X Nose + 3X Blade
Total EFT000000012953 EFT000000012958 2020-03-03 Total EFT000000012958 EFT000000012960 2020-03-03
$40.00 $115.81 $10.16 $32.37 $40.00 $198.47 $10.16 $32.37 $40.00 $115.81 $10.16 $32.37 $677.68 $53.46 $53.46 $1,770.62 $1,770.62 $1,258.00
System:
2020-02-27
User ID:
mfoster
10:29:54 AM
Township of South Frontenac CHEQUE DISTRIBUTION REPORT 82691
Total EFT000000012960 EFT000000012964 2020-03-03
Chain Conveyor Kit
22940
GREER GALLOWAY CONSULTING ENGINEERS Engineering Services
IV60105
HARTINGTON EQUIPMENT LIMITED Battery
Total EFT000000012964 EFT000000012966 2020-03-03 Total EFT000000012966 EFT000000012972 2020-03-03
Page:
4
Page 144 of 155 $295.10 $1,553.10 $5,804.14 $5,804.14 $337.35 $337.35
LEONARD FUELS 0646-61048 3610-61798C
Total EFT000000012972 EFT000000012973 2020-03-03
Service Furnace Service Furnace
61186
LIGHTING…FX INC. 4X Surface Mount Kits
19/08/31-HB 19/09/30-HB 19/10/31-HB 20/02/21
LOUIS W BRAY CONSTRUCTION LIMITED Payment Cert. #1-HB Progress Billing #2 - HB Progress Billing #3-HB Progress Billing # 5 (Final)
DA0007545814 DA0007549569
MICHELIN NORTH AMERICA CANADA INC 2X Tires Tire
Total EFT000000012973 EFT000000012976 2020-03-03
Total EFT000000012976 EFT000000012977 2020-03-03
Total EFT000000012977 EFT000000012981 2020-03-03
$239.37 $267.32 $506.69 $259.49 $259.49 $20,465.16 $14,145.15 $329.70 $28,169.20 $63,109.21 $1,395.96 $630.12 $2,026.08
BRANDT 5000683
Total EFT000000012981 EFT000000012983 2020-03-03
Bolts Broken in Circle Shims
$1,204.33 $1,204.33
2020 Ford Super Duty
$98,327.23 $98,327.23
PETRIE FORD 20/02/12
Total EFT000000012983 EFT000000012984 2020-03-03 864141419
PREMIER TRUCK GROUP Exhaust Pipe + Clamp
384677
SURGENOR TRUCK CENTRE Support Member + Torque Rods
1372 221 1117 3969 3969 1684
TROUSDALE’S FOODLAND Band-Aids Facial Tissue Coffee+ Milk Water Water Coffee+ Whitener + Filters
304930 101293 227621 101320
TROUSDALE’S HOME HARDWARE 2X Paint Ice Melt Snow Brush 12 Guage Merchant Wire
Total EFT000000012984 EFT000000012996 2020-03-03 Total EFT000000012996 EFT000000012999 2020-03-03
Total EFT000000012999 EFT000000013000 2020-03-03
Total EFT000000013000 EFT000000013001 2020-03-03
$365.45 $365.45 $7,030.19 $7,030.19 $15.24 $10.17 $10.88 $29.94 $29.94 $44.29 $140.46 $98.66 $17.28 $13.22 $17.29 $146.45
TRUE ELECTRIC 6920
Total EFT000000013001 EFT000000013008 2020-03-03 131461
Repair Dome Lighting+ Eves WHITE’S WEARPARTS LTD 6XAdjust Bar + 6X Shoe Holders
Total EFT000000013008
Total
$660.29 $660.29 $487.23 $487.23
$311,192.36
3105 Structures Cheque EFT000000012959
Date
Inv #
2020-03-03 15605
Vendor
Description
D.M. WILLS ASSOCIATES LIMITED 2019 OSIM
Total EFT000000012959
Total Structures
Amount $4,243.39 $4,243.39
$4,243.39
3210 Brushing Cheque EFT000000012971
Date
Inv #
2020-03-03 47122 47152
Vendor
Description
L.D. POWER SPORTS 16” Chain 12” Chain
Total EFT000000012971
Total Brushing
Amount $47.90 $22.39 $70.29
$70.29
3215 Drainage Cheque EFT000000012964
Date
Inv #
2020-03-03 22937
Vendor
Description
GREER GALLOWAY CONSULTING ENGINEERS Engineering Services
Total EFT000000012964
Total Drainage
Amount $7,059.60 $7,059.60
$7,059.60
3310 Hardtop Patching Cheque EFT000000012982
Date
Inv #
2020-03-03
Vendor
Description
Amount
O. BETTSCHEN 44151
Cold Patch
$2,599.36
System:
2020-02-27
User ID:
mfoster
10:29:54 AM
Township of South Frontenac CHEQUE DISTRIBUTION REPORT 44256
Cold Patch
Total EFT000000012982
Total Hardtop Patching
Page:
5
Page 145 of 155 $1,758.67 $4,358.03
$4,358.03
3505 Snw Plwng Cheque 070815
Date
Inv #
2020-03-03
Vendor
Amount
SNIDER, PERCY 20/02/18-45 20/02/20-03 20/02/18-02 20/02/16-01 20/02/07-26 20/02/14-41 20/02/13-40 20/02/10-39 20/02/08-38 20/02/07-37 20/02/06-36 20/02/03-35 20/02/02-34
Total 070815 EFT000000012970
Description
2020-03-03
Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing
2019-27316 2019-27314 2019-27312 2019-27325 2019-27317 2019-27348 2019-27350 2019-27311 2019-27351 2019-27354 2019-27334 2019-27339 2019-27340 2019-27315 2019-27313
K MULROONEY TRUCKING LIMITED Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing
131478
WHITE’S WEARPARTS LTD Plow Equipment
Total EFT000000012970 EFT000000013008 2020-03-03 Total EFT000000013008
Total Snw Plwng
$637.02 $905.66 $905.66 $905.66 $183.17 $905.66 $905.66 $905.66 $905.66 $905.66 $905.66 $905.66 $905.66 $10,782.45 $5,195.61 $3,277.23 $8,392.40 $1,846.33 $4,433.83 $9,384.22 $2,145.71 $8,468.69 $3,676.89 $3,277.23 $10,757.54 $1,039.12 $3,800.43 $3,197.30 $4,539.00 $73,431.53 $1,419.65 $1,419.65
$85,633.63
3506 Snow Clearing Sidewalks Cheque 070815
Date
Inv #
2020-03-03
Total 070815
Description
Amount
SNIDER, PERCY 20/02/13-35 20/02/13-35 20/02/13-34 20/02/13-34 20/02/10-33 20/02/10-33 20/02/10-32 20/02/10-32 20/02/10-31 20/02/10-31 20/02/07-30 20/02/07-30 20/02/07-29 20/02/07-29 20/02/07-28 20/02/07-28 20/02/07-27 20/02/07-27 20/02/07-26 20/02/07-25 20/02/07-25 20/02/07-24 20/02/07-24 20/02/06-23 20/02/06-23 20/02/06-22 20/02/06-22 20/02/06-21 20/02/06-21 20/02/06-20 20/02/06-20 20/02/06-19 20/02/06-19 20/02/06-18 20/02/06-18 20/02/02-17 20/02/02-17 20/02/02-16 20/02/02-16 20/02/02-15 20/02/02-15
Total Snow Clearing Sidewalks
Vendor
Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing Snow Plowing
$101.76 $93.62 $193.34 $101.76 $203.52 $69.20 $101.76 $93.62 $193.34 $101.76 $203.52 $69.20 $101.76 $93.62 $193.34 $101.76 $305.28 $183.17 $305.28 $203.52 $69.20 $101.76 $93.62 $193.34 $101.76 $193.34 $101.76 $203.52 $69.20 $101.76 $93.62 $203.52 $69.20 $101.76 $93.62 $203.52 $69.20 $101.76 $93.62 $193.34 $101.76 $5,568.31
$5,568.31
System:
2020-02-27
User ID:
mfoster
10:29:54 AM
Township of South Frontenac CHEQUE DISTRIBUTION REPORT
Page:
6
Page 146 of 155
3515 Stock Snd&Slt Cheque EFT000000012947
Date
Inv #
2020-03-03
Vendor
Description
1909-006
BRICAZA CORPORATION Winter Sand
5300487132 5300487199 5300487900 5300487317
K+S WINDSOR SALT LTD Winter Salt Winter Salt Winter Salt Winter Salt
Total EFT000000012947 EFT000000012969 2020-03-03
Amount $5,011.48 $5,011.48
Total EFT000000012969
$10,722.50 $10,711.44 $3,442.11 $14,032.85 $38,908.90
Total Stock Snd&Slt
$43,920.38
3525 Snw Remvl Cheque EFT000000012936
Date
Inv #
2020-03-03 31603
Vendor
Description
BOULTON SEPTIC/LARMON’S Flagging
Total EFT000000012936
Total Snw Remvl
Amount $692.99 $692.99
$692.99
3615 Street signs Cheque EFT000000012945
Date
Inv #
2020-03-03 363475
Total EFT000000012945 EFT000000012992 2020-03-03
Vendor
Description
BMR MANUFACTURING INC. ‘Wilson Rd” Sign
Amount $199.16 $199.16
SIGNS PLUS
Total EFT000000012992
$776.58 $776.58
Total Street signs
$975.74
3180
15X Civic + 17X Street Signs
3625 RR cross mnt Cheque EFT000000012949
Date
Inv #
2020-03-03 11119271
Vendor
Description
CANADIAN PACIFIC RAILWAY 20/02 Flasher Contract
Amount
Total EFT000000012949
$888.00 $888.00
Total RR cross mnt
$888.00
3630 Gd ps/rl mnt Cheque 070808
Date
Inv #
2020-03-03 251308
Vendor
Description
ATKINSON HOME BUILDING CENTRE 12X Fence Posts
Total 070808
Total Gd ps/rl mnt
Amount $115.88 $115.88
$115.88
3650 Street Lights Cheque EFT000000012991
Date
Inv #
2020-03-03
Vendor
Description
Amount
R.W. ELECTRIC
Total EFT000000012991
$1,617.98 $1,617.98 $3,235.96
Total Street Lights
$3,235.96
37817 37815
Supply + Install Fixture Supply + Install Fixture
3800 Crssng Guards Cheque EFT000000012954
Date
Inv #
2020-03-03 91358
Vendor
Description
COMMISSIONAIRES SECURITY SOLUTIONS Crossing Guards
Amount
Total EFT000000012954
$974.48 $974.48
Total Crssng Guards
$974.48
Total Trans
$470,100.33
40 Env 5005 SW & Fac OH Cheque EFT000000012941
Date
Inv #
2020-03-03 6984
Total EFT000000012941 EFT000000012948 2020-03-03
Vendor
Description
ASSELSTINE HARDWARE Flooring
Amount $4.40 $4.40
CAMBIUM INC. 2019-28910 2019-28947
Total EFT000000012948 EFT000000013001 2020-03-03
Closure/Post-Closure Costing Waste Collection Review
$1,485.70 $2,981.57 $4,467.27
TRUE ELECTRIC
Total EFT000000013001
$854.78 $854.78
Total SW & Fac OH
$5,326.45
6918
Install Parking Lot Lights
5105 Garb coll Cheque 070806
Date 2020-02-25
Inv #
Vendor SNIDER, PERCY
Description
Amount
System:
2020-02-27
User ID:
mfoster
10:29:54 AM
Township of South Frontenac CHEQUE DISTRIBUTION REPORT 20/02 FUEL ADJ. 20/02 FUEL ADJ. 20/02 COLLECTION 20/02 COLLECTION
Total 070806 EFT000000012931
2020-02-28
20/02 Garbage- Fuel Adj. 20/02 Garbage Fuel Adj 20/02 Garbage Collection 20/02 Garbage Collection
BOULTON SEPTIC/LARMON’S 20/02 COLLECTION 20/02 Garbage Collection 20/02-FUEL ADJ. 20/02 Garbage- Fuel Adj.
Total EFT000000012931
Total Garb coll
Page:
7
Page 147 of 155 $134.08 $110.67 $12,179.56 $10,053.68 $22,477.99 $12,441.75 $136.97 $12,578.72
$35,056.71
5110 Gab disp Cheque 070815
Date
Inv #
2020-03-03
Vendor
2020-03-03 29973-0639-0 29973-0639-0
Total 070817 EFT000000012935
2020-02-28
Portland Dump/Dozer Portland Dump/Dozer Portland Dump/Dozer WASTE MANAGEMENT OF CANADA CORP ICI Waste ICI Waste
WHALEY, GEORGE 20/02 DISPOSAL 20/02 Disposal
Total EFT000000012935 EFT000000012937 2020-03-03 A2640975
ABELL PEST CONTROL INC. 20/02 Pest Control
20/02/13-02 20/02/06-01 387554 387555 387556 387557
HAMILL FORESTRY PRODUCTS Tubgrinder Rental Tubgrinder Rental Tubgrinder Rental Tubgrinder Rental Tubgrinder Rental Tubgrinder Rental
16223 16223
JODY CAMPBELL’S SEPTIC SERVICE 20/02 Portable Toilet Rental 20/02 Portable Toilet Rental
Total EFT000000012937 EFT000000012965 2020-03-03
Total EFT000000012965 EFT000000012968 2020-03-03
Total EFT000000012968 EFT000000013007 2020-03-03
Amount
SNIDER, PERCY 20/02/13-32 20/02/06-30 20/02/20-40
Total 070815 070817
Description
WASTE CONNECTIONS OF CANADA 647-0000026392 ICI+Construction+Bulk Waste 647-0000026367 ICI + Resi Waste
Total EFT000000013007
Total Gab disp
$732.67 $1,383.94 $773.38 $2,889.99 $2,611.26 $1,567.32 $4,178.58 $1,935.80 $1,935.80 $111.21 $111.21 $1,526.40 $1,144.80 $1,450.08 $457.92 $1,526.40 $1,526.40 $7,632.00 $117.02 $117.02 $234.04 $2,172.72 $8,839.47 $11,012.19
$27,993.81
5205 Recyc Coll Cheque 070806
Total 070806 EFT000000012931
Date 2020-02-25
2020-02-28
Inv #
Vendor
SNIDER, PERCY 20/02 FUEL ADJ. 20/02 FUEL ADJ. 20/02 FUEL ADJ. 20/02 COLLECTION 20/02 COLLECTION 20/02 COLLECTION
Description 20/02 Garbage- Fuel Adj. 20/02 Garbage- Fuel Adj. 20/02 Garbage- Fuel Adj. 20/02 Garbage Collection 20/02 Garbage Collection 20/02 Garbage Collection
BOULTON SEPTIC/LARMON’S 20/02 COLLECTION 20/02 Garbage Collection 20/02-FUEL ADJ. 20/02 Garbage- Fuel Adj.
Total EFT000000012931
Total Recyc Coll
Amount $144.63 $126.11 $134.63 $13,138.72 $11,456.83 $12,229.28 $37,230.20 $10,702.58 $117.82 $10,820.40
$48,050.60
5305 HHW Cheque EFT000000012946
Date
Inv #
2020-03-03 20200030
Vendor
Description
BRENDAR ENVIRONMENTAL INC. 20/01 HHW Services
Total EFT000000012946
Total HHW
Amount $987.07 $987.07
$987.07
Total Env
$117,414.64
70 Cem 7000 Health Cheque EFT000000012932
Date 2020-02-28
Inv #
Vendor
Description
D G YOUNGE CONCRETE BURIAL VAULTS 20/02 SERVICES 20/02 Cemetary Services
Total EFT000000012932
Amount $875.14 $875.14
Total Health
$875.14
Total Cem
$875.14
80 Rec 8000 Rec Cheque
Date
Inv #
Vendor
Description
Amount
System:
2020-02-27
User ID:
mfoster
070816
10:29:54 AM
Township of South Frontenac CHEQUE DISTRIBUTION REPORT
2020-03-03
VERONA CONVENIENCE PIZZA & SUB Water
20/02/21 Total 070816 EFT000000012934
2020-02-28
LEONARD, ELIZABETH 20/02 MAINTENANCE 20/02 Maintenance
Total EFT000000012934 EFT000000012941 2020-03-03 7011
ASSELSTINE HARDWARE Ice Melter
16175
JODY CAMPBELL’S SEPTIC SERVICE 2X Toilet Rentals-Fam Day.
Total EFT000000012941 EFT000000012968 2020-03-03 Total EFT000000012968 EFT000000012972 2020-03-03
Page:
8
Page 148 of 155 $30.00 $30.00 $142.50 $142.50 $32.54 $32.54 $203.52 $203.52
LEONARD FUELS 61777C
Total EFT000000012972 EFT000000012993 2020-03-03
Service Furnace
$183.68 $183.68
Cleaning
$560.00 $560.00
SLEETH, SARAH 20/02/21-07
Total EFT000000012993 EFT000000012997 2020-03-03 K628409
SWISH MAINTENANCE LIMITED Garbage Bags
227621 227621
TROUSDALE’S HOME HARDWARE Salt Salt
19-017-4
UBCON CONSTRUCTION LTD Progress Draw #4
18850
UNITY SOD FARM LTD. Snow Plowing
Total EFT000000012997 EFT000000013000 2020-03-03
Total EFT000000013000 EFT000000013003 2020-03-03 Total EFT000000013003 EFT000000013005 2020-03-03 Total EFT000000013005
Total Rec
$29.45 $29.45 $17.28 $8.64 $25.92 $36,999.94 $36,999.94 $936.19 $936.19
$39,143.74
8210 VCA Cheque EFT000000012952
Date
Inv #
2020-03-03 2019114
Total EFT000000012952 EFT000000012955 2020-03-03
Vendor
Amount $18.83 $18.83
CONWAY, WAYNE 2019116
Total EFT000000012955 EFT000000012963 2020-03-03
Description
COLEMAN, DONALD Meeting Refreshments
Framing for VEB Sign
THE FRONTENAC NEWS 2020 DONATION 2020 Donation
Total EFT000000012963
$25.39 $25.39 $200.00 $200.00
Total VCA
$244.22
Total Rec
$39,387.96
90 Plan 9000 Plan Cheque EFT000000012967
Date
Inv #
2020-03-03
Vendor
Description
Amount
HOWE, MIKE 20/02 COA 20/02 COA
Total EFT000000012967 EFT000000012979 2020-03-03
20/02 COA 20/02 COA
$50.00 $2.97 $52.97
20/02 COA 20/02 COA
$50.00 $30.71 $80.71
NOLAN, MIKE 20/02 COA 20/02 COA
Total EFT000000012979
Total Plan
$133.68
Total Plan
$133.68
99 9999 Cheque 070818 Total 070818 070819 Total 070819 070820 Total 070820 070823 Total 070823 070824 Total 070824 EFT000000012987
Date 2020-03-03
2020-03-03
2020-03-03
Inv #
Description
Amount
Refund
$640.00 $640.00
POTVIN, ANNA 2020 TAX REFUND
Refund
$2,232.00 $2,232.00
ROBSON, GLEN WILLIAM 2020 TAX REFUND Tax Refund
2020-03-03 CRADJ5824-1
MCDONALD KATHRYN MARGARET REFUND
CRADJ5823-1
KAUR GAGANDEEP REFUND
2020-03-03
2020-03-03
$355.32 $355.32 $1,562.60 $1,562.60 $905.64 $905.64
REALTAX INC 74955 74956
Total EFT000000012987
Vendor
KOBES, JANETA 2020 TAX REFUND
Fees-Title Search Fees-Title Search
$288.15 $288.15 $576.30
System:
2020-02-27
User ID:
mfoster
EFT000000012988
10:29:54 AM
Township of South Frontenac CHEQUE DISTRIBUTION REPORT
2020-03-03
ROSEN ENERGY GROUP B 550.1L MKD @.8117 B 2208.1L CLR @.9447 B 625.4L GAS @.9412 P 1510.9L CLR @.9447 P 172.8L MKD @.8117 F 2281.4L GAS @.9412 SUN 1800.8L CLR @.9447 F 285.1L MKD @.8117 F 2273.6L CLR @.9447 F 3143.5L GAS @.9042 F 1913.1L CLR @.9357 F 2437.1L CLR @.9357 SUN 2613.0L CLR @.9357 P 4186.6L CLR @.9357 P 530.4L MKD @.8027
641973 641972 641971 641974 641975 641967 641995 641969 641968 641775 641776 641799 641785 641778 641779 Total EFT000000012988
Page:
9
Page 149 of 155 $454.38 $2,122.70 $598.99 $1,452.47 $142.73 $2,185.04 $1,731.16 $235.49 $2,185.67 $2,892.38 $1,821.60 $2,320.52 $2,488.01 $3,986.35 $433.24 $25,050.73
Total
$31,322.59
Total
$31,322.59
Total
$953,558.37
Page 150 of 155 Ministry of Natural Resources and Forestry
Ministère des Richesses naturelles et des Forêts
Natural Resources Conservation Policy Branch Policy Division 300 Water Street Peterborough, ON K9J 3C7 Telephone: 705-755-5375 Facsimile: 705-755-1971
Direction des politiques de conservation des richesses naturelles Division de l’élaboration despolitiques 300, rue Water Peterborough (Ontario) K9J 3C7 Téléphone : 705-755-5375 Télécopieur : 705-755-1971
February 12, 2020 Subject: Proposed regulatory changes under the Aggregate Resources Act Dear Ontario Heads of Council and Clerks, The Ministry of Natural Resources and Forestry recognizes the critical role Ontario’s municipalities play in the lives of Ontarians. We value our strong collaborative partnership with municipalities and the associations that represent their interests. We want to advise you that the Ministry of Natural Resources and Forestry is proposing changes to the way extraction of aggregate resources are regulated in Ontario, and we are inviting your input on the changes proposed. The Ministry has gathered perspectives from, industry, municipalities, Indigenous communities, members of the public, and other stakeholders. These proposed changes promote economic growth within the aggregate industry while also maintaining strong protection of the environment and addressing community impacts. The key areas being proposed for change are summarized below for your convenience. However, we would encourage you to read the details of the proposed regulatory changes which can be found on the Environmental Registry notice# 019-1303 Proposed amendments to Ontario Regulation 244/97 and the Aggregate Resources of Ontario Provincial Standards under the ARA located here. The posting notice can also be viewed by searching for notice#019-1303 at the following web link: www.ero.ontario.ca We encourage you to provide feedback through the Environmental Registry process. If you have any questions about the proposed changes, please call Rebecca Zeran at (705) 7498422. Kind Regards, Jennifer Keyes Director, Natural Resources Conservation Policy Branch Ministry of Natural Resources and Forestry
Page 151 of 155
Proposed regulatory changes include: For new pits and quarries: • enhancing the information required to be included in summary statements and technical reports at the time of application • improving flexibility in how some standard site plan requirements can be implemented and modernizing how site plans are created • creating better consistency of site plan requirements between private and Crown land and better alignment with other policy frameworks • updating the list of qualified professionals who can prepare Class A site plans • updating the required conditions that must be attached to a newly issued licence or permit • adjusting notification and consultation timeframes for new pit and quarry applications • changing and clarifying some aspects of the required notification process for new applications • updating the objection process to clarify the process • updating which agencies are to be circulated new pit and quarry applications for comment For existing pits and quarries: • making some requirements related to dust and blasting apply to all existing and new pits and quarries (requirements which were previously only applied to new applications) • updating and enhancing some operating requirements that apply to all pits and quarries, including new requirements related to dust management and storage of recycled aggregate materials • providing consistency on compliance reporting requirements, while reducing burdens for inactive sites • enhancing reporting on rehabilitation by requiring more context and detail on where, when and how rehabilitation is or has been undertaken • clarifying application requirements for site plan amendments • outlining requirements for amendment applications to expand an existing site into an adjacent road allowance • outlining requirements for amendment applications to expand an existing site below the water table • setting out eligibility criteria and requirements to allow operators to self-file changes to existing site plans for some routine activities without requiring approval from the ministry (subject to conditions set out in regulation) Allowing minor extraction for personal or farm use: • outlining eligibility and operating requirements in order for some excavation activities to be exempted from needing a licence (i.e., if rules set in regulation are followed). This would only be for personal use (max. of 300 cubic meters) or farm use (max. 1,000 cubic meters)
Page 152 of 155
Box #2007, 1117 Neva Lane, R. R. ttl, Perth Road, ON KOH 2LO 19 February, 2020 Mayor Ron Vandewall and Council, South Frontenac Council,
4432 George Street, Sydenham, ON
KOH 2TO Dear Mr. Mayor and Council:
Thank you for the recognition accorded to me at last evening’s meeting of Council relating to my appointment to the Order of Canada. I appreciate very much the very generously worded certificate you presented to me and particularly the warm welcome and congratulations of everybody there, staff members, and observers included. As I said then, we here in our beautiful, peaceful idyll north of Kingston constitute a great community, made so by its resident’s retention of community spirit, of neighbourliness, bucking the tide in a day when, sadly, “me-first-and-only-ism” continues to grow around us, especially in our cities and their suburbs and exurbs. Maintaining, strengthening, and extending that community spirit throughout the whole of the Township and, indeed, Frontenac County, is a big but vitally important challenge as Council “rolls forward” its Official and Strategic Plans. I commend you for tackling it, raising your sights and that of South Frontenac’s residents to a time when it will be our children and grandchildren who will live and work here on this patch of the Laurentian Shield. May they then praise us for our foresight. To help ensure that they do, will happily do anything I can to be of assistance. Again, thank you. I am deeply honoured. Sincerely yours,
Duncan G. Sinclair, C.M
Page 153 of 155 Ministry of Municipal Affairs and Housing
Ministère des Affaires municipales et du Logement
Office of the Minister
Bureau du ministre
th
777 Bay Street, 17 Floor Toronto ON M7A 2J3 Tel.: 416 585-7000
777, rue Bay, 17e étage Toronto ON M7A 2J3 Tél. : 416 585-7000
February 28, 2020 Dear Head of Council: RE: Provincial Policy Statement, 2020 Earlier today, the government of Ontario released the Provincial Policy Statement (PPS), 2020. The PPS is an important part of Ontario’s land use planning system, setting out the provincial land use policy direction that guides municipal decisionmaking. Municipalities play a key role in implementing provincial land use policies through local official plans, zoning by-laws and other planning decisions. The Planning Act requires that decisions on land use planning matters be “consistent with” PPS policies. The PPS, 2020 supports implementation of More Homes, More Choice: Ontario’s Housing Supply Action Plan and includes key changes to: Encourage an increase in the mix and supply of housing Protect the environment and public safety Reduce barriers and costs for development and provide greater certainty Support rural, northern and Indigenous communities Support the economy and job creation The PPS, 2020 works together with other recent changes to the land use planning system – including changes to the Planning Act through Bill 108, More Homes, More Choice Act, 2019 and A Place to Grow: Growth Plan for the Greater Golden Horseshoe. Collectively, these changes support key government priorities of increasing housing supply, supporting job creation and reducing red tape – while continuing to protect Ontarians’ health and safety and the environment, including the Greenbelt. The PPS, 2020 policies will take effect on May 1, 2020. It will replace the Provincial Policy Statement, 2014. In accordance with section 3 of the Planning Act, all decisions affecting land use planning matters made after this date shall be consistent with the PPS, 2020. My ministry will be in touch to provide education and training for municipal staff to support implementation of the new policies.
…/2
Page 154 of 155 -2For more information about the PPS, 2020, please visit ontario.ca/PPS where you will find: A digital version of the PPS, 2020 A link to the decision notice on the Environment Registry of Ontario (ERO #0190279) If you have any questions about the Provincial Policy Statement, 2020, please contact the ministry at provincialplanning@ontario.ca or by calling 1-877-711-8208. Sincerely,
Steve Clark Minister c:
Planning Head, Planning Board Secretary-Treasurer, and/or Clerks
Page 155 of 155
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2020-12 A BY-LAW TO CONFIRM GENERALLY PREVIOUS ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC. THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.
The actions of the Council of the Corporation of the Township of South Frontenac at its Council Meeting of March 3, 2020 be confirmed.
Execution by the Mayor and the Clerk of all Deeds, Instruments and other Documents necessary to give effect to any such Resolution, Motion or other action and the affixing of the Corporate Seal to any such Deed, Instruments or other Documents is hereby authorized and confirmed.
This By-law shall come into force and take effect on the date of its passage.
Dated at the Township of South Frontenac this 3 day of March, 2020. Read a first and second time this 3 day of March, 2020. Read a third time and finally passed this 3 day of March, 2020.
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
