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HomeMy WebLinkAboutBy-law No. 2018-042 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-042 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND FEDERATION OF CANADIAN MUNICIPALITIES REGARDING MUNICIPALITIES FOR CLIMATE INNOVATION PROGRAM (MCIP) WHEREAS the Municipality of Bayham is desirous of entering into an agreement with Federation of Canadian Municipalities in regard to Municipalities for Climate Innovation Program (MCIP) 15484 grant project for Stormwater Management in the Village of Port Burwell; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this by-law between The Corporation of the Municipality of Bayham and Federation of Canadian Municipalities; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 5th DAY OF APRIL 2018. MAYOR / LE;, PI- GRANT AGREEMENT THIS AGREEMENT is effective as of the date of last signature on the signature page. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (herein called "Recipient") -and- FEDERATION OF CANADIAN MUNICIPALITIES (herein called "FCM") WHEREAS: (a) the Government of Canada and FCM have established the Municipalities for Climate Innovation Program (herein called MCIP); (b) the Government of Canada has funded MCIP, which is being administered by FCM; (c) FCM has agreed to provide the Recipient with a grant for use by the Recipient solely for the project described in this Agreement; and (d) this Agreement contains the terms for the administration and remittance of the grant by FCM to the Recipient and the use of the grant by the Recipient. NOW THEREFORE, the Parties hereby agree as follows: ARTICLE 1 DEFINITIONS AND SCHEDULES 1.01 Definitions. Whenever used in this Agreement and unless the context otherwise requires, the following terms have the following meanings: "Agreement" means this agreement, including all schedules, and all amendments or restatements as permitted; "Business Day" means any day other than a Saturday, Sunday or statutory holidays in the Province of Ontario; "Claim" has the meaning ascribed thereto in Section 13.01 of this Agreement; "Confidential Information" has the meaning ascribed thereto in Section 11.01 of this Agreement. "Eligible Activities" means any reasonable activities necessary to complete the Project as described in Part 2 of Schedule A attached hereto. "Eligible Expenditure Date" has the meaning ascribed thereto in Part 4 of Schedule C attached hereto; "Eligible Expenditures" means those permitted expenditures described in Part 4 of Schedule C attached hereto, for which the Recipient may use the Grant; "Grant"means the grant set forth in Article 2; "Grant Amount" means the amount to be disbursed by FCM on account of the Grant up to the maximum amount set forth in Part 1 of Schedule B attached hereto; "Indemnified Parties" has the meaning ascribed thereto in Section 13.01 of this Agreement; "Parties" means FCM and the Recipient, and "Party" refers to any one of them; "Project" means the project described in Part 2 of Schedule A attached hereto; "Project End Date" has the meaning ascribed thereto in Part 2 of Schedule A attached hereto; and "Project Start Date" has the meaning ascribed thereto in Part 2 of Schedule A attached hereto; "Receiving Party" has the meaning ascribed thereto in Section 11.01 of this Agreement. 1.02 Schedules. The following annexed Schedules form part of this Agreement and the Parties shall comply with all terms and conditions set-out therein: Schedule A: Part 1: Conditions of Contribution Part 2: Description of Project, Statement of Work and Project Costs Part 3: Reporting Requirements Schedule B: Part 1: Grant Amount Part 2: Particulars of the Sources of Funding Part 3: Payment Schedule/Period of Funding Schedule C: Part 1: Request for Contribution Part 2: Reporting Templates Part 3: Accepted Practices Part 4: Eligible Expenditures Schedule D: Contact Information ARTICLE 2 THE GRANT 2.01 Grant Purpose. FCM is providing the Grant to the Recipient for the sole purpose of assisting the Recipient in the performance of the Project, as described in Part 2 of Schedule A attached hereto. 2.02 Grant Amount. Subject to and in accordance with the terms and conditions of this Agreement and in reliance upon the representations, warranties and covenants of the Recipient hereinafter set forth, FCM agrees to contribute towards the Eligible Expenditures, the Grant Amount, as more particularly described in Part 1 of Schedule B attached hereto. 2.03 Disbursement of Grant. (a) FCM shall disburse the Grant in accordance with Part 3 of Schedule B attached hereto. (b) No portion of the Grant shall be disbursed by FCM without it first receiving from the Recipient a completed Request for Contribution in accordance with Part 1 of Schedule C attached hereto. (c) Provided that the Conditions of Contribution set-out in Part 1 of Schedule A attached hereto are satisfied, the Recipient may request the Grant by delivering to FCM the appropriate Request for Contribution in accordance with Part 1 of Schedule C attached hereto at least 30 days before the requested date of disbursement; the requested date of disbursement may be delayed if the Request for Contribution delivered by the Recipient to FCM is not, in FCM's sole discretion, satisfactory and revisions or supplemental documentation are required. 2.04 Term. This Agreement shall continue in force until FCM has received and notified the Recipient of its satisfaction with all reports required to be completed by the Recipient in accordance with the terms and conditions of this Agreement, or until the Agreement has been terminated in accordance with Section 12.01, whichever shall first occur. ARTICLE 3 CONDITIONS OF CONTRIBUTION 3.01 Conditions of Contribution. Subject to Section 2.03, the obligation of FCM to disburse the Grant to the Recipient is conditional upon the Recipient satisfying the conditions set-out in Part 1 of Schedule A attached hereto, to the satisfaction of FCM. ARTICLE 4 REPRESENTATIONS AND WARRANTIES 4.01 Representations and Warranties. The Recipient represents and warrants that: (a) it is duly established under the laws of the Province of Ontario and has the legal power and authority to enter into, and perform its obligations under this Agreement and the Project; (b) this Agreement has been duly authorized and executed by it and constitutes a valid and binding obligation of it, enforceable against it in accordance with its terms; (c) neither the making of this Agreement nor the compliance with its terms and the terms of the Project will conflict with or result in the breach of any of the terms, conditions or provisions of, or constitute a default under any indenture, debenture, agreement or other instrument or arrangement to which the Recipient is a party or by which it is bound, or violate any of the terms or provisions of the Recipient's constating documents or any license, approval, consent, judgment, decree or order or any statute, rule or regulation applicable to the Recipient; and (d) no litigation, arbitration or administrative proceedings are current or pending or have been threatened, and so far as the Recipient is aware no claim has been made, which is likely to have an adverse effect on its preparation and/or delivery of the Project or its compliance with its obligations under this Agreement. (e) the Recipient Intellectual Property does not contain any third party intellectual property, confidential information or trade secrets. The Recipient further represents and warrants that it is the exclusive owner of all intellectual property rights contained in the Recipient Intellectual Property and that it has the right to grant the license granted in Section 6.02 of this Agreement. ARTICLE 5 COVENANTS 5.01 Affirmative Covenants. Unless FCM shall otherwise agree in writing, the Recipient covenants and agrees that it shall: (a) use the Grant only for Eligible Activities relating to the Project; (b) carry out the Project and conduct the activities thereof in compliance with all applicable laws and regulations and, without restricting the generality of the foregoing, in compliance with all labour, environmental, health and safety and human rights legislation applicable to the Project; (c) carry out the Project with due diligence and efficiency and in accordance with sound engineering, scientific, financial and business practices; (d) provide FCM with prompt notice of any: (i) material change to the Project; (ii) proposed change in the nature or scope of its legal status; or (iii) act, event, litigation or administrative proceeding that does or may materially and adversely affect the Project or may materially and adversely affect the ability of the Recipient to perform its obligations under this Agreement or the Project. 5.02 Negative Covenants. Unless FCM shall otherwise agree in writing, the Recipient shall not: (a) use the Grant for expenditures that are not Eligible Expenditures; (b) for 5 years after the date of this Agreement, sell, assign, transfer, lease, exchange or otherwise dispose of, or contract to sell, assign, transfer, lease, exchange or otherwise dispose of, any of the real or personal property, whether movable or immovable, acquired, purchased, constructed, rehabilitated or improved, in whole or in part, with the Grant (the "Assets"); if at any time within 5 years after March 31, 2021, the Recipient sells, assigns, transfers, leases, exchanges or otherwise disposes of any Asset other than to the Government of Canada, a local government, or with the Government of Canada's consent, the Recipient may be required to pay back to FCM,at FCM's sole discretion, all or a portion of the Grant that was disbursed by FCM to the Recipient. ARTICLE 6 INTELLECTUAL PROPERTY 6.01 Intellectual Property. Copyright in all reports and other documents prepared in connection with this Agreement or the Project by or on behalf of the Recipient(the"Recipient Intellectual Property")will be the exclusive property of, and all ownership rights shall vest in,the Recipient. 6.02 License. The Recipient hereby grants to FCM an irrevocable, perpetual, worldwide, royalty-free, sole license, to use, publish, make improvements to, sub-license, translate and copy the Recipient Intellectual Property. This license shall survive the expiration or termination of this Agreement. ARTICLE 7 APPROPRIATIONS 7.01 Appropriations. Notwithstanding FCM's obligation to make any payment under this Agreement,this obligation does not arise if, at the time when a payment under this Agreement becomes due, the Parliament of Canada has not passed an appropriation that is sufficient and constitutes lawful authority for the Government of Canada making the necessary payment to FCM for the project or program in relation to which the Grant is being provided. FCM may reduce, delay or terminate any payment under this Agreement in response to the reduction or delay of appropriations or departmental funding levels in respect of transfer payments, the project or program in relation to which the Grant is being provided, or otherwise, as evidenced by any appropriation act or the federal Crown's main or supplementary estimates expenditures. FCM will not be liable for any direct, indirect, consequential, exemplary or punitive damages, regardless of the form of action, whether in contract, tort or otherwise, arising from any such reduction, delay or termination of funding. ARTICLE 8 MEMBERS OF THE HOUSE OF COMMONS AND SENATE 8.01 No member of the House of Commons or the Senate of Canada will be admitted to any share or part of this Agreement,or to any benefit arising from it,that is not otherwise available to the general public. The Recipient will promptly inform FCM should it become aware of the existence of any such situation. ARTICLE 9 NO BRIBES 9.01 The Recipient guarantees that no bribe, gift or other inducement has been paid, given, promised or offered to any person in order to obtain this Agreement. Similarly, no person has been employed to solicit or secure the Agreement upon any agreement for a commission, percentage, brokerage or contingent fee. The Recipient also guarantees that it has no financial interest in the business of any third party that would affect its objectivity in carrying out the Project. ARTICLE 10 AUDIT AND ACCESS 10.01 Audit and Access. (a) FCM reserves the right to undertake, at any time, at its expense, any audit of the records and accounts of the Recipient in relation to the Project. The Recipient agrees to ensure that prompt and timely corrective action is taken in response to any audit findings and recommendations conducted in accordance with this Agreement.The Recipient will submit to FCM in a timely manner, a report on follow-up actions taken to address recommendations and results of the audit. (b) The Recipient shall maintain proper and accurate financial accounts and records, including but not limited to its contracts, invoices, statements, receipts, employee timesheets, and vouchers, in respect of the Project. The Recipient covenants and agrees that it shall keep all such books and records of the Project for at least 6 years after the termination of this Agreement. (c) Upon FCM's request with reasonable prior notice thereto, the Recipient shall provide FCM and its designated representatives with reasonable and timely access to sites, facilities, and any documentation relating to the Project for the purposes of audit, inspection, monitoring, evaluation, and ensuring compliance with this Agreement, and permit FCM to communicate directly with, including the receipt of information from, its external auditors regarding its accounts and operations relating to the Project. (d) The Government of Canada, the Auditor General of Canada, and their designated representatives, to the extent permitted by law, will at all times be permitted to inspect the terms and conditions of this Agreement and any records and accounts respecting the Project and will have reasonable and timely access to sites, facilities and any documentation relevant for the purpose of audit. ARTICLE 11 CONFIDENTIALITY 11.01 Confidentiality. (a) All processes, documents, data, plans, material, policies or information pertaining to either Party's operations which is obtained by the other Party("Receiving Party")or furnished to the Receiving Party in connection with this Agreement and expressly identified as confidential thereby, including, without limitation, the terms of this Agreement, ("Confidential Information") shall be maintained by the Receiving Party in strict confidence and shall not be disclosed to any person or entity for any reason or used by the Receiving Party except as necessary for it to perform its obligations hereunder. (b) The limitations contained in this section shall not apply to(a)Confidential Information which is in the public domain at the time of disclosure; (b) Confidential Information that becomes part of the public domain after disclosure through no fault of the Receiving Party; (c) Confidential Information that the Receiving Party can prove was known by the Receiving Party at the time of disclosure; (d) Confidential Information that the Receiving Party can prove was supplied to the Receiving Party by a third party or was independently developed by the Receiving Party; or(e)Confidential Information required to be disclosed pursuant to judicial process. ARTICLE 12 TERMINATION 12.01 Termination of the Agreement. (a) FCM may terminate this Agreement: (i) if the Recipient breaches any term or condition of this Agreement, and fails to remedy such breach upon the expiry of 15 Business Days'written notice from FCM of such breach or, with respect to a breach that cannot be remedied within the 15 Business Day period, such longer period of time as FCM may reasonably provide the Recipient to remedy the breach, provided the Recipient has commenced to remedy the breach within the 15 Business Day period and is actively and diligently taking appropriate measures to remedy the breach; (ii) if the Recipient becomes insolvent and/or proceedings have been commenced under any legislation or otherwise for its dissolution, liquidation or winding-up, or bankruptcy, insolvency or creditors' arrangement proceedings have been commenced by or against the Recipient; (iii) if, in FCM's sole discretion, the Project cannot be completed as initially presented; and (iv) if the Parliament of Canada fails to pass an appropriation that is sufficient and constitutes lawful authority for the Government of Canada making the necessary payment to FCM for the project or program in relation to which the Grant is being provided. (b) Either Party may, on not less than 30 days'prior written notice to the other Party,terminate this Agreement. 12.02 Effect of Termination. If this Agreement is terminated pursuant to Section 12.01, the Recipient may be: (a) reimbursed for all or a portion of the expenses they have incurred in relation to the Project up to the effective date of termination; or (b) required to pay back to FCM all or a portion of the Grant Amount that was disbursed by FCM to the Recipient prior to the effective date of termination; as applicable, all subject to FCM's sole discretion and satisfaction, taking into consideration out-of- pocket expenses incurred and results reported by the Recipient in connection with the Project. ARTICLE 13 INDEMNITY 13.01 Indemnity. The Recipient hereby agrees to indemnify and hold harmless FCM and its officers, directors, employees and agents (collectively, the "Indemnified Parties") from and against any and all liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings (collectively, a"Claim"), 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, but only to the extent that such Claim arises out of or is in connection with the Recipient's breach of this Agreement or is caused by the negligence or wilful misconduct of the Recipient in the performance of its obligations hereunder or otherwise in connection with the Project. 13.02 Intellectual Property Indemnity. Recipient shall defend or settle at its expense any claim or suit against FCM arising out of or in connection with an assertion that the Recipient Intellectual Property infringes any intellectual property right and Recipient shall indemnify and hold harmless FCM from damages, costs, and attorneys' fees, if any, finally awarded in such suit or the amount of the settlement thereof; provided that (i) Recipient is promptly notified in writing of such claim or suit, and (ii) Recipient shall have the sole control of the defense and/or settlement thereof. ARTICLE 14 MISCELLANEOUS PROVISIONS 14.01 Notice. Any notice, document or other communication required to be given under this Agreement shall be in writing and shall be sufficiently given if sent by personal delivery/courier, registered mail or email to the other Party at its address indicated in Schedule D attached hereto, or to such other address, email address or person that the Party designates in writing to the other Party. The notice shall be deemed to have been delivered on the day of personal delivery, on the day received by email (as evidenced by a transmission confirmation), or on the fifth day following mailing. 14.02 Relationship of the Parties. The relationship between the Recipient and FCM is, and shall at all times be and remain, essentially that of a recipient and a grantor, and this Agreement does not and shall not be deemed to create a joint venture, partnership, and fiduciary or agency relationship between the Parties for any purpose. Neither the Recipient, nor any of its personnel are engaged as an employee, servant or agent of FCM. 14.03 Public Announcements. The Recipient shall cooperate with FCM, who will lead the preparation and issuance of the public funding announcement for the Project and/or the coordination of a public announcement event attended by FCM and the Government of Canada. The Recipient will be informed of the process immediately after the signature of this Agreement. If any public statement or release is so required,the Recipient shall promptly inform FCM of upcoming promotional events related to the Project and allow FCM and the Government of Canada to participate in such media activities or events. 14.04 Project Branding. The Recipient shall recognize and state in an appropriate manner, as approved by FCM, the financial assistance offered by FCM concerning the Project and the contribution of the Government of Canada to FCM, as specified in Part 3 of Schedule C attached hereto. If requested by FCM,the Recipient shall have affixed, in content,form, location and manner acceptable to FCM, signage acknowledging the contribution of FCM and the Government of Canada to the Project.The Recipient shall adhere to the policies regarding the use of graphic design elements and signage as specified in Part 3 of Schedule C attached hereto. 14.05 Entire Agreement. This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior understandings, negotiations and discussions, whether written or oral. There are no conditions, covenants, agreements, understandings, representations, warranties or other provisions, express or implied, collateral, statutory or otherwise, relating to the subject matter hereof except as herein provided. 14.06 Survival. Except as otherwise provided herein, those sections of this Agreement which, by the nature of the rights or obligations set-out therein might reasonably be expected to survive any termination or expiry of this Agreement, shall survive any termination or expiry of this Agreement. 14.07 Amendments. No amendment of the Agreement will have any force or effect unless reduced to writing and signed by both Parties. 14.08 Assignment. This Agreement cannot be assigned by either of the Parties hereto without the prior written consent of the other Party. 14.09 Enurement. This Agreement shall enure to the benefit of, and shall be binding upon, the Parties and their respective, heirs, executors, administrators, successors and permitted assigns. 14.10 Governing Law. This Agreement shall be governed by and construed in accordance with the law of the Province of Ontario and the federal laws of Canada applicable therein. 14.11 Severability. Each of the binding provisions contained in this Agreement is distinct and severable. Any declaration by a court of competent jurisdiction of the invalidity or unenforceability of any binding provision or part of a binding provision will not affect the validity or enforceability of any other provision of this Agreement. 14.12 Waiver. No waiver of any provision of this Agreement shall be effective unless made in writing and signed by the waiving Party. The failure of any Party to require the performance of any term or obligation of this Agreement, or the waiver by any Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 14.13 Counterparts. This Agreement may be executed and delivered(including by facsimile transmission or in protocol document format("PDF")) in one or more counterparts,each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the Parties hereto have executed and delivered this Agreement as of the date written below. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM i Per: 66,( Name: Paul Ens Title: Mayor Date: I kip ,c-0 f S Per: Nam>.f' h , - / Tit -'. (ICAO/ erk Date: Apr , ( 5 (13 We have authority to bind the Recipient herein. FEDERATION OF CANADIAN MUNI PALITIES, Per: A Name: S}f- no/Jorr S- iu t n_14,41e. Title: Bi ectqf, eye ', U.fec:Gr i rA cl v M S Date: M49t2`b I have authority to bind FCM herein. Schedule A Part 1 Conditions of Contribution The obligation of FCM to disburse the Grant Amount is conditional upon the Recipient satisfying the following conditions, to the satisfaction of FCM: • Completed Request for Contribution in the form of Schedule C, Part 1 • Receipt and acceptance of all reports which are a condition of disbursement • Letter of Attestation in the format of Part 2 of Schedule C • Confirmation that all expenses claimed are eligible including a completed Expense Claim in the form of Part 2 of Schedule C (Expense Claim). The Recipient acknowledges and agrees that, notwithstanding the foregoing conditions, FCM's obligation to disburse the Grant Amount is subject to Article 7 of the Agreement. MCIP 15484 Agreement Template—Last modified August 10,2017 Page 1 of 20 Schedule A Part 2 Description of Project, Statement of Work and Project Expenditures The Recipient will undertake a Project in accordance with the phases, activities and/or milestones outlined in the below Statement of Work. Project Number: MCIP 15484 Project Title: Port Burwell Climate Change Adaptation Infrastructure Project Sector: Climate Change Adaptation Project Type: Stormwater Management The Municipality of Bayham proposes to install approximately 446 metres of storm sewer and approximately 100 metres of bio-swale in the Village of Port Burwell. Stormwater management in the Village of Port Burwell requires upgrades to meet the health and safety, and water quantity\quality land use planning policies as set out in the Municipal Official Plan, the County of Elgin Official Plan and the Provincial Policy Statement. Rainfall data has also indicated that although the annual precipitation data has been consistent, the number of significant rain events over 20mm have continued to increase due to climate change and overwhelm the largely agricultural pipe-based system. The Village has a population of over 1000 residents and approximately 340 dwelling units plus commercial development. The current stormwater management system is not sufficient to provide the adequate and safe movement and treatment of stormwater prior to discharging into Lake Erie/Otter Creek. The Municipality, residents, and community, have engaged, participated in and completed studies to determine and inform the nature of the stormwater management issues and recommendations to mitigate the risks. The safe movement and discharge of stormwater will reduce the risk and impact of flooding and potential damage or loss of public and private property. The management of stormwater will also reduce the health risks associated with stagnant ponding of water which allows breeding areas for mosquitoes, possibly carrying disease. Improvements to the system will facilitate the flow of stormwater from low- lying areas, to treatment areas, and safely discharge it to Lake Erie or Otter Creek. Port Burwell, a historic settlement, has its dwelling largely built below road height, proper conveyance of stormwater is required to avoid dwelling flooding. The stormwater management system will improve water quantity flow and water quality, entering to Lake Erie and Otter Creek. Currently, stormwater discharges into the Lake occur with limited or no treatment to reduce contamination and no reduction in water velocity. This increases the nutrient loading and sedimentation in the water and increases the degree of pollution in the Lake/Creek. The Province has adopted Ontario's Great Lake Strategy and is committed to restore and improve the water quality in Lake Erie to ensure it is drinkable, swimmable and fishable. By constructing a stormwater system that collects and treats storm water before it enters to the Lake/Creek, the volume of water, contaminants and sediment will be reduced, consistent with the Province's strategy. The Municipality of Bayham will oversee and execute pre-tender works,formal tender process, Council approval, contract administration, and notification and media requirements. The consultant will directly manage the successful contractors and the delivery of the completed project in accordance with the approved agreement and Ontario Design Standards. MCIP 15484 Agreement Template—Last modified August 10,2017 Page 2 of 20 Project Start Date Project End date 07/JAN/2019 01/MAR/2020 Lead Applicant: Municipality of Bayham Project title: Port Burwell Climate Change Adaptation Infrastructure Eligible Ineligible Total Phases Start date: End date: Expenditure Expenditure Expenditure ($) ($) ($) Phase 1: Grant 01/07/2017 01/10/2017 Application" Milestone:Grant Application is submitted to FCM Completion of Grant Application 2,000 2,000 Phase 1 Subtotals $0 $2,000 $2,000 Phase 2: Tender Administration 03/19/2018 03/30/2019 Milestone: Council Awards Tender to successful bidder Tender Design—Posting 2,000 2,000 Council Approval -Contract Execution 0 0 Phase 2 Subtotals $2,000 $0 $2,000 Phase 3: Capital 03/19/2018 03/01/2020 improvements Milestone: Capital Works are deemed complete by the Project Management Engineer Capital Cost- Installation of Storm Sewers, 848,900 848,900 Bioswale and Surface Restoration Project Management-Engineering-Contract 121,100 121,100 Administration Phase 3 Subtotals $970,000 $0 $970,000 Phase 4: Media- 03/01/2020 03/01/2020 Recognition Milestone: Publication of project and Funding is complete Recognition Signage 1,000 1,000 Media Release 5,000 5,000 Phase 4 Subtotals $1,000 $5,000 $6,000 Total Expenditures $973,000 $7,000 $980,000 e }00 MCIP 15484 Agreement Template—Last modified August 10,2017 Page 3 of 20 Schedule A Part 3 Reporting Requirements and Project Deliverables The following reports are to be provided to FCM at the time a disbursement request is made or at the completion of the Project. The format of each report is as provided in Part 3 of Schedule C. Name of Report Due Date: Content Final Report(all phases) 01/MAR/2020 - Tender design posted - Capital Works are deemed complete by the Project Management Engineer - Publication of the project Completion Report 01/APR/2020 Refer to Schedule C Part 2 MCIP 15484 Agreement Template—Last modified August 10,2017 Page 4 of 20 Schedule B Part 1 Grant amount Subject to the terms and conditions of this Agreement, FCM agrees to contribute towards the Eligible Expenditures an amount(the"Grant Amount")that is equal to the lesser of: the sum of seven hundred seventy-eight thousand four hundred dollars ($778,400); or eighty percent(80%) of Eligible Expenditures; Notwithstanding the foregoing, if the aggregate amount of funding received or to be received from all sources of funding, other than the Recipient, as described in Part 2 of Schedule B (all as determined and calculated by FCM) is greater than the total expenditures incurred by the Recipient in respect of the Project then FCM may reduce the Grant Amount to such amount as it deems appropriate, in its sole and absolute discretion. MCIP 15484 Agreement Template—Last modified August 10,2017 Page 5 of 20 Schedule B Part 2 Particulars of the Sources of Funding The funding sources for this initiative are outlined in the table below. Each funding source indicates the amount of funding and when the funding was confirmed or is expected to be confirmed. FundingConfirmed Date committed Amount %of total source Description (Y/N) DD-MM-YYYY ($) budget FCM Grant Grant Y 23-02-2018 $778,400 80% Municipality of Cash Y 03-10-2017 $201,600 20% Bayham Total funding: $980,000 100% [Must equal budget total expenditures] Budget total expenditures $980,000 Budget total Eligible Expenditures $973,000 MCIP 15484 Agreement Template—Last modified August 10,2017 Page 6 of 20 Schedule B Part 3 Payment Schedule/Period of Funding FCM will disburse the Grant Amount as determined in this table upon completion of milestones or activities as evidenced by submission and acceptance by FCM of Milestone Report/ERR/Final Report and a Request for Contribution. The Milestone Report/ERR/Final Report and Request for Contribution must be submitted at least 30 days prior to the date of disbursement. The Recipient must notify FCM in writing of any anticipated delays in this disbursement schedule. FCM reserves the right to adjust dates of disbursement or amounts subject to Article 7 of the Agreement. Milestone/deliverable Date of Report Expected Date of Amount of % (Up to 80% Submission Disbursement Disbursement of Eligible Expenditures) Final Report(all phases) 01/MAR/2020 - - - Completion Report 01/APR/2020 01/MAY/2020 $778,400 100% Period of Funding. The Period of Funding is defined as the period between Project Start Date and 90 days after the Project End Date as set out in Part 2 of Schedule A. MCIP 15484 Agreement Template—Last modified August 10,2017 Page 7 of 20 Schedule C Part 1 Request for Contribution, Letter of Attestation and Expense Claim [LETTERHEAD OF THE RECIPIENT] [Address] [Date] Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario K1N 5P3 Attention: Mr. Isael Poirier Project Officer-MCIP Ladies and Gentlemen: Re: MCIP—no. 15484 Agreement between the Federation of Canadian Municipalities (as Trustee) and the Municipality of Bayham ("Recipient")(the "Agreement") I, [Instruction: insert the name of a person named in the agreement], the[Instruction: insert the title], of the Recipient certify and confirm that the Recipient is requesting the 1St/2nd/3rd or Final(Please choose which contribution you are requesting) Contribution and that the Recipient has satisfied each condition of contribution listed below. I understand that all information below must be submitted and accepted in order for FCM to be able to proceed to funds transfer. I am attaching to this request for contribution all reports specified as a condition of disbursement in Part 3 of Schedule A: • [Instruction: insert the title of report] • Letter of Attestation. In addition, I have also attached the following documents: • The Expense Claim • Updated statement of funding sources and amounts(Part 2 of Schedule B) The [lead organisation]would like to have the Contribution to be disbursed to the following account: Name of Bank: Address of Bank: Telephone no. of Bank: XXX-XXX-XXXX Bank no.: XXX[3 Digits] Transit no.: XXXXX[5 Digits] to the credit of Recipient's Account no.: Signature: Date: MCIP 15484 Agreement Template—Last modified August 10,2017 Page 8 of 20 Letter of Attestation for Expense Claim [LETTERHEAD OF THE RECIPIENT] [Address] [Date] TO: The Federation of Canadian Municipalities This letter of attestation (the "Letter") is issued pursuant to the Agreement # (project number) dated (the "Agreement") between the Federation of Canadian Municipalities ("FCM") and (the "Recipient"), and in support of the expense claim submitted by the Recipient to FCM for reimbursement of expenses incurred and paid by the Recipient in relation to the Project (the "Expense Claim"). All defined terms used in this Letter and not otherwise defined shall have the corresponding meaning in the Agreement. I am an authorized official of the Recipient and I hereby certify, in satisfaction of the terms and conditions of the Agreement, that: All expenses claimed in the Expense Claim have been incurred and paid by the Recipient; ii. All expenses claimed in the Expense Claim relate to the Project; iii. All expenses claimed in the Expense Claim relate to Eligible Activities in compliance with the eligible activity requirements described in Part 4 of Schedule C to the Agreement; and iv. All expenses claimed in the Expense Claim are Eligible Expenditures in compliance with the Eligible Expenditure requirements described in Part 4 of Schedule C to the Agreement. v. All expenses claimed have been incurred during the Period of Funding. Name and title of authorized officer of Recipient Signature Date MCIP 15484 Agreement Template—Last modified August 10,2017 Page 9 of 20 Expense Claim [LETTERHEAD OF THE RECIPIENT] [Address] [Date] Project Number MCIP 15484 Project Title Note: Must be submitted with each Request for Disbursement.The following expenditures have been incurred from the period between XXXX and YYYY for the completion of the milestones identified. Milestone Completed Total Budgeted Total Actual Total Actual Total Actual Expenditures($)(as Eligible Ineligible Expenditures Net per Part 2 of Schedule Expenditures Expenditures of Tax Rebates per A per milestone) Net of Tax Net of Tax milestone($) Rebates per Rebates per milestone($) milestone($) Milestone 1 $2,000 Milestone 2 $2,000 Milestone 3 $970,000 Milestone 4 $6,000 Total Expenditures ($) $980,000 $ $ Expenditures Incurred by Total Actual Total Actual Ineligible Total Actual Expenditures Expenditure Category Eligible Expenditures Net of Tax —Net of Tax Rebates($) (as per Part 4 of Schedule C) Expenditures Rebates($) Net of Tax Rebates ($) Administrative and Overhead Expenditures Capital Expenditures Equipment rental In-Kind Meetings,Training Sessions and public gatherings Professional and/or Technical Services Staff remuneration Supplies and materials Travel and accommodation Total Expenditures Incurred $ ($) MCIP 15484 Agreement Template—Last modified August 10,2017 Page 10 of 20 Schedule C Part 2: Reporting requirements(Capital projects) As a recipient of MCIP funding, you must complete the following reporting requirements: 1) Completion report stamped by a certified engineer or equivalent professional MCIP grant recipients are required to submit a completion report at the end of their funded initiative. The report must be submitted electronically within thirty days of the end date indicated in Schedule A and prior to requesting your final disbursement. Note that documents displaying headers,footers,titles or watermarks containing terms like"draft"or"for internal use only"will not be accepted. The completion report template is available on the following page. In answering the questions, please use plain language that can be understood by non-specialists. Refer to the suggested word counts for an estimate of how much detail to provide for each question. The completion report will need to be stamped and signed by a certified engineer or equivalent professional, as proof of project completion. Please send a scanned copy of the stamped report to your project officer, as well as an MS Word version (.doc or.docx) of the report to your assigned project officer. 2) Photographs of the capital project MCIP grant recipients are also required to submit 4-6 high-resolution photographs of their capital project. This must include at least one photo of the completed project, but may also include photos from various stages of construction. For each photograph, please also provide a short caption of 100 words or less that describes its content. MCIP grant recipients must obtain consent from any individuals appearing in the photos. Photos and their captions should be submitted electronically to your assigned project officer in one of the following formats: .JPG, .PNG, or .TIF. FCM may use one or more of the submitted photos on its website or in other communications materials. Important information COPYRIGHT: You must hold the copyright to the content that you submit to us, as we may post your Completion Report and supporting documents on the FCM website. This means that you own all the rights to the documents and can decide who is allowed to reproduce and distribute it. CONFIDENTIALITY: If your Completion Report contains any confidential information that you would prefer not be made available to the public (e.g. through a case study or other materials produced by FCM that relate to your project), please indicate this in the respective area when answering the questions. If you have questions about completing the above reporting requirements, please consult your assigned project officer. MCIP 15484 Agreement Template—Last modified August 10,2017 Page 11 of 20 Completion report template(capital projects) Summary information 1. What is your MCIP number? 2. What is the working title of your MCIP-funded initiative? 3. What is the climate focus of your capital project?(e.g. adaptation or GHG emissions reduction) 4. What is the type of project? (e.g. district energy system, landfill gas capture, etc.) 5. What is the name of the lead applicant? (e.g. name of the organization) 6. In what province is the lead applicant located? 7. Please provide the contact information for the lead applicant (e.g. phone, email, and mailing address). 8. Please provide the contact information for someone who can be contacted for more information about the capital project, if different from the lead applicant (e.g. name, title, phone, email, and mailing address). Project summary 9. What specific objectives does the capital project seek to help the community attain and how will it reduce GHG emissions and/or reduce vulnerability to climate impacts? Please include details on specific technologies or solutions that were tested. (e.g. relating to energy conservation, transportation, flooding, etc.) (200 words) 10. What is the geographic scope of the capital project? (100 words) 11. How was the capital project paid for? Please indicate the relevant funding sources and the amount provided through each one: Funding source Amount Federal funding Provincial or territorial funding Municipal funding FCM funding Other(please specify) 12. Was a particular methodology or approach used for verifying and/or testing the performance of the technology or solution used in this capital project? If yes, which of the following did you use? • Environmental Technology Verification Program • Engineering Consultant • Other(please specify) 13. Were there any significant changes to the scope and/or costs for the development of this capital project (as described in Part 2 of Schedule A of the Agreement) since the start of the work? If so, please describe these changes and provide a brief explanation. (300 words) Who was involved? 14. Briefly describe who was involved in this capital project and what their role was (e.g. municipal staff, elected officials, consultants, community groups, the general public, etc.)(200 words) MCIP 15484 Agreement Template—Last modified August 10,2017 Page 12 of 20 15. Was there a project champion who was instrumental to this capital project? If so, please include his or her name, title and contact information, and describe his or her role in the preparation of the plan. (100 words) 16. If the lead applicant is not a municipality, briefly explain why your organization undertook this capital project. (200 words) Improvements in adaptation 17. Please review and update the following table from your application form. Please also provide information relating to the anticipated performance of the capital project, as it has been built. Submit documentation and references that support the updated information you have provided below to your assigned project officer(e.g. feasibility study report, life-cycle analysis, etc.). -„rs T i tri b *a t vi 14 (i - e t^� -,1!..,e,--, at - ''''''. $1'"0"':::i'''.- xis a Cg51) � sis G"' d44k $ .----,w.-1,, 4 ��,p r,., ,4 -!,',,4 4- S � at �L i i' ox i P 'jyep JIp , , 10, r r �'§i R ,',r`' ir' 7 iR"t k t c a} I v 9,ted rlir4T-4 ki d ,F% p 4.„WLt .N;,',',.:1'‘'..'''.. '','),,?,,.?„,-"•-i,",-- d��s�1 r'"'z" 49�13� 4 .0 4 :o-g� „ -,..-'.0! r=."5`� 5 I �, 4 '; $fir°'„4 : & �®� IA 1 � Ap', 1q � k r Financial indicator / ”is t5, :!!,!1q9,,,,, l?,,-. �Itl - . .-, "�s*, Expenditure savings dollars/year 35.,_, eil. ,s} -_ii„�i 12.7GU • r=�!wtllit ,s_. .--19,l< A!"9•9!„!9! Thr ._. ^t-✓ " ,r ; bit n -,-1;0'.'L,'..,-1-x -0,r,` e:' ▪ii▪ i, ,,v ectc '' ! - ' a : 4i I = • -,' x , Vyv t � . Number of weather- related , , 4r Adige[„c1 . ;ur A j lse # 1 1 , asset/equipment i'I= ii= Aril unt ,-,et.; 1 failure la 4,� « 1_g - - 1t,,: ',°,,,r,=.-PVr. , D ''r w w y. �a,.a`r a za ---41°' Community end-user indicators ,,,Ire ,.1I A# ,u Number of disruptive 4 ,f ,()1 (1jus[c:,,t s', P,,=l« x events due to #/year ?2 . ,il.x>c:: `C, weather event �'i' r� a,i Rate of erosion m/year : 22. What steps are being taken by your municipality to ensure longer-term sustainability of this capital project? (200 words) Lessons learned In answering the questions in this section,please share reflections based on your experience in undertaking this capital project, from the initial planning stages through to completion. 23. What would you have done differently and why? (200 words) 24. What were the key factors that allowed for the capital project to be undertaken successfully and why? (200 words) 25. What barriers and/or challenges did you encounter in undertaking this capital project and how were these addressed? (200 words) Knowledge sharing 26. Aside from the capital project itself, did your work result in anything else that could be of use to other municipalities? If so, please briefly describe each item below, and email a copy to your project officer so that it can be shared. (note: this could include a new policy, operating practice, model by-laws, a public consultation manual, check-lists, a measurement tool to assess progress in adapting to the impacts of climate change and/or reducing GHG emissions, etc.) (200 words) 27. Did your municipality refer to any informational resources or consult with other municipalities in undertaking this capital project? If so, which ones and how?(200 words) 28. Is there a website where more information about the capital project can be found? If so, please provide the link. 29. Would someone from your municipality like to provide a 50-100 word quote about the capital project? If so, please include it below, along with the full name and title of the person. (note: the quote could highlight the plan's objectives and/or targets, anticipated outcomes, etc.) Awards and recognition 30. Please describe any recognition, awards, or notable public support received relating to this capital project. (200 words) MCIP 15484 Agreement Template Last modified August 10,2017 Page 14 of 20 Schedule C Part 3 Accepted Practices Use of FCM's logo As a funding partner of the project, FCM's logo should be included on signage and when appropriate, on digital signs. High-resolution logos will be supplied by FCM staff. The logo must never be reproduced less than four centimetres wide. F If you have questions, please contact: Programsmedia(c fcm.ca T.613-907-6399 T. 1-877-997-9926 The Recipient shall incorporate the following language into the Final Plan or Final Study or Final Capital Project, as applicable, and the Final Completion Report, unless it has received written notice to the contrary from FCM: "©201X, [Recipient: Insert legal name here]. All Rights Reserved. The preparation of this [plan/study/capital project]was carried out with assistance from the Government of Canada and the Federation of Canadian Municipalities. Notwithstanding this support, the views expressed are the personal views of the authors, and the Federation of Canadian Municipalities and the Government of Canada accept no responsibility for them." Infrastructure Project Signage Guidelines Placing signs at construction sites is a long-standing practice to communicate key project details to the public. Through project signs, Canadians can easily recognize where infrastructure investments are being made in their communities and the benefits of those investments. Information about the current infrastructure signage guidelines can be found here: http://www.infrastructure.gc.ca/pub/signage-panneaux/intro-enq.html. This infrastructure signage program is administered in partnership with the Government of Canada. The guidelines apply to any new signs being installed at infrastructure projects that are jointly funded with the Government of Canada under MCIP. MCIP 15484 Agreement Template—Last modified August 10,2017 Page 15 of 20 Schedule C Part 4 Eligible Activities and Expenditures Eligible expenses must be incurred after the Eligible Expenditure Date of September 13th, 2017 Eligible Activities " { • Any expenditure incurred prior to FCM's eligible expenditure date. 1)Pre-application N/A • Expenditure of developing this proposal or application. Administrative expenditures that are General overhead expenditures directly linked to and have been incurred incurred in the regular course of for the project, such as: business, such as: • Communication expenditures (e.g. • Office space, real estate fees long-distance calls or faxes). and supplies. • Permits or certifications required for • Financing charges and interest the project. payments. • Outsourced printing or photocopying. • Promotional items. • Acquisition of documents used • Hospitality expenses (food and exclusively for the project. drink, alcohol, entertainment, 2)Administrative and • Document translation. etc.). Overhead • Transportation, shipping, and courier Expenditures expenditures for delivery of materials essential for the project. • Design and production of communication products to promote project outcomes and benefits to the public. • Advertising, website development, project education materials or expenditures to disseminate project communications products. • Public engagement expenditures, such as surveys, web tools, other materials. MCIP 15484 Agreement Template—Last modified August 10,2017 Page 16 of 20 • Specialized system hardware. • Purchase or lease of real • Software expenditures up to a estate. maximum of$25,000 will be • Capital expenditures related to accepted, unless otherwise approved regular business activities and by FCM. not a specific requirement of 3)Capital • For Capital Projects only: the project. Expenditures Expenditures essential for conducting the project. This would include construction expenditures, materials, renovation and modernization expenditures, and installations expenditures. • Rental of tools and equipment. • Rental of tools or equipment 4)Equipment Rental • Related operating expenditures such related to regular business as fuel and maintenance activities. expenditures. • Any goods and services 5)In-Kind N/A received through donation • Expenditures associated with Any hospitality expenses such as: accessing reference materials such • Food and drink as standards, templates and toolkits. • Alcohol • Expenditures related to meetings and • Door prizes 6)Meetings,Training public gatherings that communicate • Entertainment the project to the public and that • Music Sessions, and Public collect feedback: Examples: facility • Decorations Gatherings rental and audiovisual equipment • Flowers, centerpieces • Etc. • Fees for professional or technical • Expenditures associated with 7)Professional consultants and contractors, incurred regular business activities not and/or Technical in support of eligible activities. related to the project. Services • Legal fees. • Daily rates actually paid by the • In-kind contribution of Eligible Recipient to its Employees in services. Canada for time actually worked on • Participant salaries. the implementation of the Project. The • Expenditures related to regular daily rate per employee shall include business activities the following costs: • Overtime Pay a) direct salaries: actual and justifiable • Bonuses/performance pay 8)Staff sums paid by the Eligible Recipient • Remuneration Fringe benefits such as; to Employees in accordance with the o sick days Eligible Recipient's pay scales as o pension plan regular salary excluding overtime o any other fringe pay and bonuses. benefits not listed as b) fringe benefit: in accordance with the eligible Eligible Recipient's policies, as • Costs related to ongoing or follows: other business activities and MCIP 15484 Agreement Template—Last modified August 10,2017 Page 17 of 20 i. time-off benefits (prorated to the not specifically required for the annual percentage (%) of time project. actually worked on the • Staff wages while receiving implementation of the Project): training or attending learning allowable number of days to be events. paid by the Eligible Recipient for • Professional membership fees the following payable absences: or dues. statutory holidays, annual vacation, and ii. paid benefits: actual sums paid by the Eligible Recipient for paid benefits (prorated to the annual percentage (%) of time actually worked on the implementation of the Project): the Eligible Recipient's contribution to employment insurance and workers'compensation plans (where applicable), health and medical insurance, group life insurance, or other mandatory government benefits; Note: Labour costs must be documented in a manner that meets audit standards for verification of eligibility of cost and level of effort. • Supplies and materials required to • Expenditures related to regular 9)Supplies and undertake the project. business activities Materials • The portion of Provincial/Harmonized • The portion of Provincial Sales Tax and Goods and Services /Harmonized Sales Tax and Tax for which your organization is not Goods and Services Tax for 10) Taxes eligible for rebate. which your organization is eligible for rebate, and any other expenditures eligible for rebates. For individuals on travel status • Any travel expense that is not (individuals travelling more than 16 km paid in accordance with the from their assigned workplace- using the Treasury Board of Canada most direct, safe and practical road.); guidelines • Any expenditure that is not 11) Travel and necessary to conduct the Accommodation • Travel and associated expenses for project. implementing partners, guest • Participant honorariums. speakers-and consultants to the extent that the travel and accommodation rates comply with the MCIP 15484 Agreement Template—Last modified August 10,2017 Page 18 of 20 Treasury Board of Canada guidelines, and to the extent that such travel is necessary to conduct the initiative. www.canada.ca/en/treasury-board- secretariat/services/travel- relocation/travel-government- business.html Where justified, participant travel costs may be claimed with prior written consent from FCM. Under no circumstances will participant honorariums be covered. Note: Invoices, receipts and timesheets (where applicable), must be sufficiently detailed to enable verification of expenditure eligibility and level of effort. MCIP 15484 Agreement Template—Last modified August 10,2017 Page 19 of 20 Schedule D Contact Information Notices and Requests. Any notice, demand, request or other communication to be given or made under this Agreement to FCM or to the Recipient, other than a notice of default, shall be in writing and may be made or given by personal delivery, by ordinary mail, by facsimile or by electronic mail. A notice of default shall be in writing and delivered by registered mail. Notices shall be addressed as follows: FCM Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario K1 N 5P3 Attention: !sae! Poirier Email: ipoirier@fcm.ca Recipient Municipality of Bayham 9344 Plank Road Straffordville, Ontario NOJ 1Y0 Attention: Paul Shipway Email: pshipway@bayham.on.ca MCIP 15484 Agreement Template—Last modified August 10,2017 Page 20 of 20 Municipality of VAT/21444 BAYHAM #a � A: P.O. Box 160, 56169 Heritage Line Straffordville, ON NOJ 1YO '" - T: 519-866-5521 O - F: 519-866-3884 $ E: bayham@bayham.on.ca PO.'tunit IS� W: www.bayham.on.ca y April 6, 2018 [sae! Poirier, MCIP Federation of Canadian Municipalities 24 Clarence Street Ottawa, ON K1 N 5P3 Re: MCIP 15484— Municipality of Bayham At the regular meeting of the Council of The Corporation of the Municipality of Bayham held April 5, 2018 By-Law 2018-042, being a by-law to authorize the execution of an agreement between The Corporation of the Municipality of Bayham and Federation of Canadian Municipalities regarding Municipalities for Climate Innovation Program (MCIP) was passed. Enclosed please find copy of By-Law 2018-042 along with two copies of the agreement duly executed by the Mayor and CAOIClerk of the Municipality of Bayham. As per your email dated March 22, 2018, the Municipality of Bayham will await return of fully executed signature page to constitute signed agreement Regards, isaLz.:6„6 Brenda Gibbons Deputy Clerk bgibbons(a�bayham.on.ca encl. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-042 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND FEDERATION OF CANADIAN MUNICIPALITIES REGARDING MUNICIPALITIES FOR CLIMATE INNOVATION PROGRAM (MCIP) WHEREAS the Municipality of Bayham is desirous of entering into an agreement with Federation of Canadian Municipalities in regard to Municipalities for Climate Innovation Program (MCIP) 15484 grant project for Stormwater Management in the Village of Port Burwell; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this by-law between The Corporation of the Municipality of Bayham and Federation of Canadian Municipalities; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 5th DAY OF APRIL 2018. MAYOR LE;,�