regular council meeting - civicweb

THE CORPORATION OF THE TOWN OF COCHRANE

REGULAR COUNCIL MEETING

TUESDAY, NOVEMBER 10, 2015 COUNCIL CHAMBERS

6:00 PM

ORDERS TO THE DAY

. OPENING REMARKS AND ROLL CALL 2. DECLARATION OF PECUNIARY INTEREST 3. ADOPTION OF AGENDA 4. ADOPTION OF MINUTES 4 - 9 4.1 Minutes of October 27th, 2015 5. BUSINESS ARISING FROM MINUTES 6. PETITIONS AND DELEGATIONS 7. HEAD OF COUNCIL AND COUNCILLORS REPORTS 8. REPORTS 8.1 Community Services Department 8.1.1 2016 Cochrane Winter Carnival - Declaration 8.2 Municipal Operations and Infrastructure Department 8.3 Protective Services Department 8.4 Polar Bear Habitat and Heritage Village Department 8.5 Corporate Services Department

Page 1 of 53

REGULAR COUNCIL MEETING NOVEMBER 10, 2015

Page 10 - 16 8.5.1 CSD - Lee Golf Club request for assistance 8.6 CAO/EDO Department 9. COMMITTEE/BOARD REPORTS 10. COMMUNICATIONS 17 - 20 10.1 2016 OGRA/ROMA Combined Conference - February 21-24, 2016 -

Toronto 21 10.2 Cheryl Moore - Request for Use of Bandstand 11. RESOLUTIONS 22 - 24 11.1 City of Temiskaming Shores - Highway 11 from North Bay to Cochrane -

Four Laning 12. NEW BUSINESS 13. UNFINISHED BUSINESS 14. NOTICE OF MOTION 15. CONSENT AGENDA 25 - 53 15.1 By-Laws

15.1.1 By-Law Number 1130-2015 - Being a By-Law to authorize the execution of an agreement with Gendron Construction for the repairs of Concession 2 and 3 Bridge. 15.1.2 By-Law Number 1132-2015 - Being a By-Law to authorize the execution of a Funding Agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of Northern Development and Mines for the creation of a community profile.

16. BY-LAWS 17. ADDENDUM TO THE AGENDA 18. ANNOUNCEMENTS AND INQUIRIES 19. COMMITTEE OF THE WHOLE (IN CLOSED SESSION)

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REGULAR COUNCIL MEETING NOVEMBER 10, 2015

Page 20. ADJOURNMENT

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CORPORATION OF THE TOWN OF COCHRANE MINUTES OF THE REGULAR COUNCIL MEETING HELD AT THE TOWN HALL, COUNCIL CHAMBERS, 171 FOURTH AVENUE, COCHRANE, ONTARIO ON TUESDAY, OCTOBER 27TH, 2015 AT 6:00 PM, LOCAL TIME. PRESENT:

Mayor:

Councillors:

Peter Politis Renelle Bélisle (L@7:50 pm) Claude Bourassa Darryl J. Owens Devon Prevost Frank Sisco Jr. Jane Skidmore-Fox

CAO: Clerk:

Director of Corporate Services: Director of Operations and Infrastructure:

MUNICIPAL OFFICIALS Jean Pierre Ouellette Jocelyne Pronovost Monika Malherbe Shane Skinner (via teleconference)

OTHERS: Cochrane Times – Post: Debbie Morin 1. OPENING REMARKS AND ROLL CALL

Mayor Politis welcomed everyone in attendance and declared the meeting open. 2. DECLARATION OF PECUNIARY INTEREST

Nil. 3. ADOPTION OF AGENDA

Moved By: JANE SKIDMORE - FOX Seconded By: DEVON PREVOST 345-2015

THAT the regular agenda and the consent agenda are hereby accepted as amended.

CARRIED 4. ADOPTION OF MINUTES

4.1 Minutes of October 13th, 2015

Moved By: DARRYL J. OWENS Seconded By: CLAUDE BOURASSA 346-2015

THAT the minutes of the Regular Council meeting of October 13th, 2015 be adopted as circulated.

CARRIED 5. BUSINESS ARISING FROM MINUTES

Nil. 6. PETITIONS AND DELEGATIONS

Nil. 7. HEAD OF COUNCIL AND COUNCILLORS REPORTS

Nil. 8. REPORTS

8.1 Community Services Department

Nil.

8.2 Municipal Operations and Infrastructure Department

Nil.

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AGENDA ITEM #4.1

Minutes of October 27th, 2015

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REGULAR COUNCIL MEETING OCTOBER 27, 2015 PAGE TWO

8. REPORTS – CONTINUED

8.3 Protective Services Department

Nil.

8.4 Polar Bear Habitat and Heritage Village Department

Nil.

8.5 Corporate Services Department

8.5.1 CSD - REVISED WATER AND WASTEWATER COMPREHENSIVE REVIEW Watson and Associates performed a Water and Wastewater Rate Study at the beginning of the year. Council requested that staff complete a Comprehensive Review to investigate the rate variances between the Town of Cochrane and other surrounding municipalities. The scope of this review was further enhanced in May 2015 with the closure of Cochrane Power and negative financial impact of this closure to the water and wastewater department. The total charges to customers for water/sewer compared to Cochrane are as follows: Kapuskasing 19% more, Iroquois Falls 18% less, and Hearst 54% less. The comparison provided in the Watson study indicated Cochrane was the highest of the group. The Watson analysis did not take into account that Kapuskasing also has a tax levy specific to sewer services; Therefore, full recovery of their costs are not achieved solely through the user fees. Cochrane and Kapuskasing have more room built into their rates for infrastructure needs. Kapuskasing, Iroquois Falls and Hearst all reported net losses when taking into consideration amortization expenses. All three municipalities indicated an average annual infrastructure needs in the $2M range. Cochrane reported higher asset values than Iroquois Falls and Hearst. Cochrane invested more than twice as much in infrastructure upgrades than Hearst, which reflects in their lower rates and revenues. The Town of Hearst contracts out to Ontario Clean Water Agency (OCWA) and the CAO is in charge of the administration of the contract. Hearst has smaller surrounding municipalities that piggyback on their OCWA contract and have been metered for some time. The Town of Cochrane has requested pricing from OCWA about six years ago, that can be revisited to compare with present cost. The Town has 2 employees in the Water Department subject to retire in 2016. At this time, administration can't calculate the margin the Town makes on water based on only three months of data from the Closure of Cochrane Power, the reopening of Rockshield and the billing being transferred at Town Hall.

Moved By: FRANK SISCO JR.

Seconded By: RENELLE BELISLE 347-2015

THAT Council accept the REVISED Water and Wastewater Comprehensive Review report as presented.

CARRIED

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REGULAR COUNCIL MEETING OCTOBER 27, 2015 PAGE THREE


8.5 Corporate Services Department

8.5.2 CSD - Water and Wastewater rates - effective January 1, 2016 The Watson report recommended a new rate structure taking into account meters being installed in all water services. The meters installations is expected to be completed by November and the new rate structure implemented by January 2016. In 2011 KPMG developed a long term plan for water and wastewater services for both operating and infrastructure renewal with full recovery from rates. The multiyear schedule has been in effect until today and has provided for significant increases in rates and revenues. The Town had two significant changes since the KPMG plan was implemented. 1) Loss revenue due to Cochrane Power closure 2) Uncertainty in revenues due to change to metered services. Also in comparison to similar sized municipalities Cochrane is on the high end. The Town of Cochrane is raising more revenues through rates for infrastructure renewal in comparison to the other municipalities. Mrs. Malherbe explained that the department is still in a good financial position at this time. Council approved a rate freeze to be implemented January 1st, 2016. The rate schedule is expected to generate the same level of revenues as 2015. The rate structure would be as provided in the Watson's Report effective in 2015 if meters had been installed in 2015. This will give the Town year 2016 to rationalize the impact of Cochrane Power, look at the labour cost and develop a better financial plan as the KPMG is outdated.

Moved By: JANE SKIDMORE - FOX

Seconded By: DARRYL J. OWENS 348-2015

THAT Council approve Option A Water and Waste Water Rates effective January 1, 2016.

CARRIED

8.5.3 Corporation Services Department - Loan Amendment for National Grocers Building Mortgage The Director of Corporate Services reported that the Caisse Populaire was able to reopen the loan after the transfer to the municipality took place. The rate was reduced to 3.1% and the loan term matures on December 1st, 2106.

Moved By: CLAUDE BOURASSA

Seconded By: DEVON PREVOST 349-2015

THAT the Director of Corporate Services and the Mayor is hereby authorized to sign on behalf of the Corporation, the Loan Amendment Agreement for Folio 4584-4 ("National Grocers Building" - 1 First Avenue) with the Caisse Populaire de Cochrane Limitee. The amendment adjusts the interest rate from 6.65% per annum to 3.1% per annum and the loan term matures on December 1, 2016. (no change to the maturity date)

CARRIED

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REGULAR COUNCIL MEETING OCTOBER 27, 2015 PAGE FOUR


8.6 CAO/EDO Department

Nil. 9. COMMITTEE/BOARD REPORTS

Nil. 10. COMMUNICATIONS

10.1 Teachers of English as a Second Language Association of Ontario - November 8 to 14, 2015 as "English as a Second Language Week" - Proclamation The Teachers of English as a Second Language Association of Ontario invite the community to take part in a province wide initiative to raise awareness of the importance of English language learning opportunities for newcomers to Canada and declare November 8 to 14, 2015 English as a Second Language week.

Moved By: FRANK SISCO JR.

Seconded By: RENELLE BÉLISLE 350-2015

THAT Ontario has been the destination of choice for many immigrants who have added to the diversity of the province by bringing their culture, customs and language, even as they endeavour to acquire the ability to communicate in English. THAT the community of English as a Second Language learners are represented in all aspects of society. They are students in elementary and secondary schools, universities, colleges, public and private schools, adult education students pursuing literacy and basic skills, participants in workplace-training programs, researchers and subjects, volunteers and workers, employees and business owners, labourers and professionals, neighbours and friends. THAT the professional organization Teachers of English as a Second Language (TESL) Ontario hosts a conference in Toronto each year consisting of workshops, research symposia and a technology fair to maintain and expand the skills and abilities of its members. NOW THEREFORE THAT Council of the Corporation of the Town of Cochrane, do hereby proclaim November 8th to 14th, 2015 as "English as a Second Language Week" in the Town of Cochrane.

CARRIED

10.2 Northern Lights Metis Council - Request to erect Metis Flag at Town Hall -

November 15th, 2015 The Northern Lights Métis Council requested that the Métis flag be erected at Town Hall to commemorate Louis Riel day. The flag raising ceremony will be held at Town hall on Sunday November 15th, 2015 at 10:00 am.


Seconded By: DARRYL J. OWENS 351-2015

THAT we hereby erect the Metis Flag at the Town Hall to commemorate Louis Riel day on November 16th, 2015.

CARRIED 11. RESOLUTIONS

Nil.

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REGULAR COUNCIL MEETING OCTOBER 27, 2015 PAGE FIVE

12. NEW BUSINESS

12.1 Brainstorming Administration will be looking into rescheduling the brainstorming session due to scheduling conflicts.

13. UNFINISHED BUSINESS

Nil. 14. NOTICE OF MOTION

Nil. 15. CONSENT AGENDA

15.1 Regular Committee of the Whole Recommendations

15.2 By-Laws 15.2.1 By-Law Number 1126-2015 - Being a By-Law to authorize the

execution of a Consultant Agreement between the Corporation of the Town of Cochrane and EXP Services Inc.

15.2.2 By-Law Number 1127-2015 - Being a By-Law to authorize the

execution of a Memorandum of Agreement between the Corporation of the Town of Cochrane and R.V. Anderson Associates Limited.

Moved By: DARRYL J. OWENS

Seconded By: CLAUDE BOURASSA 352-2015

THAT the Recommendations to Council and the By-Laws contained in the consent agenda are hereby approved and adopted.

CARRIED

16. BY-LAWS

16.1 By-Law Number 1128-2015 - Being a By-Law to authorize the execution of a Loan Amendment Agreement with the Caisse Populaire de Cochrane Limitée.

Moved By: DEVON PREVOST

Seconded By: FRANK SISCO JR. 353-2015

THAT By-Law Number 1128-2015 being a By-Law to authorize the execution of a Loan Amendment Agreement with the Caisse Populaire de Cochrane Limitée be given first, second, third and final reading.

CARRIED

17. ADDENDUM TO THE AGENDA

The two addendums were moved to section 8.5.3 and 16. 18. ANNOUNCEMENTS AND INQUIRIES

Nil. 19. COMMITTEE OF THE WHOLE (IN CLOSED SESSION)

19.1 Litigation and Personnel Matters

Moved By: JANE SKIDMORE - FOX Seconded By: RENELLE BÉLISLE 354-2015

THAT Council meet in Closed Session at 7:11 p.m. to discuss the litigation matter pertaining to the Cochrane Film Office and personnel matters concerning CUPE Negotiations and Arbitration/Mediation issues.

CARRIED

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REGULAR COUNCIL MEETING OCTOBER 27, 2015 PAGE SIX

19. COMMITTEE OF THE WHOLE (IN CLOSED SESSION) – CONTINUED

19.1 Litigation and Personnel Matters

Moved By: DARRYL J. OWENS Seconded By: JANE SKIDMORE - FOX 355-2015

THAT Council returns to its regular meeting at 8:11 p.m.

CARRIED

Council held a Closed Session to receive an update on the conclusion of the Cochrane Film Office Litigation. Under personnel matters, the Human Resources Manager reported on the CUPE local 71 Cochrane Telecom Services Collective Agreement negotiations and briefed Council on the memorandum of settlement with a unionized employee. Councillor Belisle left after agenda item 7.1 of the closed session meeting.


Seconded By: DEVON PREVOST 356-2015

THAT the Town of Cochrane hereby approves the terms of the proposed bargaining Collective Agreement with CUPE Local 71 and the Cochrane Telecom Services as agreed upon and recommended by the Negotiating Committee.

CARRIED

Moved By: JANE SKIDMORE – FOX Seconded By: FRANK SISCO JR. 357-2015

THAT Council confirm the settlement agreement with Employee #000613.

CARRIED 20. ADJOURNMENT

Moved By: JANE SKIDMORE - FOX Seconded By: DEVON PREVOST 358-2015

THAT this meeting do now adjourn at 8:13 p.m.

CARRIED

MAYOR

CLERK

AGENDA ITEM #4.1


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ADMINISTRATIVE

REPORT

CSD - Lee Golf Club request for assistance

BACKGROUND: On June 2, 2015 Committee of the Whole passed resolution #05-2015, and subsequently passed at Council via consent agenda- see attached - item 8.1.4 ANALYSIS & DISCUSSION: Corporate Services Department had concerns with the potential violation of the municipal act, in particular Section 106.1 that restrict Assistance ( Anti-bonusing) as well as the limited options within the act to provide tax relief. Section 106 and 107 attached for your review, Of particular concern is that a complaint could be rendered that the Lee Golf Club is a Commercial Enterprise, which is specifically prohibited in 106.1. The Lee Golf Club has provided their letter patent to support their designation as a Non Profit Organization. Accordingly, with the assistance of consultation with a municipal experts group, it is the recommendation that the Lee Golf Club can be provided assistance, in the forms listed in 106)2). Of particular importance is the existence of our Donations Policy - By-Law 944-2013, and attached herewith for your review. The existence of this policy further provides the municipality with a defense from any allegations of violation of the regulations. I draw your attention to the highlighted items ( yellow) Definition - what can be provided Interpretation - last paragraph. Allows Council to consider requests greater than the annual prescribed amounts Criteria - this situation meets all these points Other - ability to impose conditions, such as use funds to pay the outstanding taxes FYI - A separate report is provided tonight to request an amendment to the policy in order to add the criteria that the recipient is a not for profit group, venture, or event,

AGENDA ITEM #8.5.1


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either through formal designation or intent as deemed by Council to be equivalent to not-for-profit type program/cause. The proposed changes are in red. The addition of the not-for-profit criteria is a recommendation of the consulting group The department has had discussions with the Lee Golf Club and they would prefer to get a donation/grant and the lawn mower. Accordingly the department hereby recommends the following changes to the original resolution, which is a modified version of the original options providing for the same level of consideration. Conditional monetary donation/grant $10,000 Used Lawn Mower ( residual value assigned) $5,000 TOTAL CONSIDERATION $15,000 Residual value assigned to the lawn mower to be transferred provided by Director of Infrastructure. RELEVANT POLICY\LEGISLATION: Municipal Act - Section 106, Section 107 RECOMMENDATIONS/RESOLUTION: WHEREAS Council approved Committee of the Whole resolution #05-2015, which was subsequently approved at Council via consent agenda, and WHEREAS options were provided which may have been in violation of the Municipal Act, and WHEREAS research has been performed to ensure the provision of the said assistance is in accordance with the Municipal Act, THERFORE be it resolved that: Council rescind Committee of the whole resolution 05-2015, and Council approve the following donation/grant to the Lee Golf Club Conditional monetary donation/grant of $10,000 Transfer of Used Lawn Mower with a residual value of $5,000 Total Consideration of $15,000 The monetary donation/grant is to be used by the Lee Golf Club to pay its outstanding taxes.

AGENDA ITEM #8.5.1


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November 5, 2015 Monika Malherbe CAO’S RECOMMENDATIONS: Comments: J.P. Ouellette, CMO

C.A.O. DATE APPROVED BY COUNCIL: RESOLUTION #:

AGENDA ITEM #8.5.1


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AGENDA ITEM #15.1

RESOLUTIONSREGULAR COMMITTEEOF THE WHOLE MEETING

Tuesday, June 2, 2015

8.1.1 THAT the Committee recommends to Council to hire Linda Shier for the DaycareSupervisor position; to hire Frankie Mann and Amanda Brunette for Spare Board Teacherand to hire Ruth Lagace for Teacher's Aid Spare Board all for the Cochrane Child CareCentre.

8.1.2 THAT the Committee recommends to Council to hire the services of Root It (MarcDubeault) to repair and replace the roof at the Cochrane Child Care Centre as per theirProposal received on May 15, 2015.

8.1.3 THAT the Committee recommendsto Council the purchase of a Massey Ferguson 1736Lpremium cab tractor and attachments from Brownlee Equipment as per their quote receivedon May 11, 2015 for $44,500.00.

8.1.4 THAT the Committee recommends to Council that the Town enter into an agreement withLee Golf Club for either option #4 only, or option 1, 2, 3, 5 and 6; and to provide the Town afinancial report satisfactory to the Town every year until all public money is paid.

Options:to lend the turf Cat rough lawn mower to the Lee Golf Club in the interim;to bridge finance 6 Golf Carts as per the proposal provided;to eliminate all water charges for the outside water and sewer meter;to provide the Lee Golf Club with $15,000;to waive the taxes to the Lee Golf Clubdonate Town's current Turf Cat

F”S":"E*’!\‘:“

8.2.1 THAT the Committee hereby directs the Municipal Operations and InfrastructureDepartment to issue an RFP for a contractor to operate the municipal landfill and alsoreview internally what it would cost the municipality to operate the municipal landfill, andreport to Council accordingly.

8.2.2 THAT the Committee recommends to Council to approve the Well #6 and #7 Rehabilitation' and Raw Water Assessment work to be completed by Lottowater Technical Services Inc. in

the amount of $60,000.00, plus HST.

8.2.3 THAT the Committee recommends to Council to award the Water Storage Tank Inspectionwork to be completed by Landmark in the amount of $5,200.00, plus HST.

8.2.4 THAT the Committee recommends to Council the purchase of the Valve MaintenanceTrailer from Wamco Waterworks Northern in the amount of $74,470.00, plus HST.

8.2.5 THAT the Committee recommends to Council to award the bridge upgrade engineeringwork to Rivard Engineering in the amount of $120,000.00, plus HST.

Recommendations from the Committee of the Whole Meeting of J...

AGENDA ITEM #8.5.1


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Assistance prohibited106. (1) Despite any Act, a municipality shall not assist directly or indirectly any

manufacturing business or other industrial or commercial enterprise through the granting of bonuses for that purpose. 2001, c. 25, s. 106 (1).

Same(2) Without limiting subsection (1), the municipality shall not grant assistance by,

(a) giving or lending any property of the municipality, including money;

(b) guaranteeing borrowing;

(c) leasing or selling any property of the municipality at below fair market value; or

(d) giving a total or partial exemption from any levy, charge or fee. 2001, c. 25, s. 106 (2).

Exception(3) Subsection (1) does not apply to a council exercising its authority under subsection 28

(6), (7) or (7.2) of the Planning Act or under section 365.1 of this Act. 2001, c. 25, s. 106 (3); 2002, c. 17, Sched. A, s. 23; 2006, c. 23, s. 34.

General power to make grants

107. (1) Despite any provision of this or any other Act relating to the giving of grants or aid by a municipality, subject to section 106, a municipality may make grants, on such terms as to security and otherwise as the council considers appropriate, to any person, group or body, including a fund, within or outside the boundaries of the municipality for any purpose that council considers to be in the interests of the municipality. 2001, c. 25, s. 107 (1).

Loans, guarantees, etc.(2) The power to make a grant includes the power,

(a) to guarantee a loan and to make a grant by way of loan and to charge interest on the loan;

(b) to sell or lease land for nominal consideration or to make a grant of land;

(c) to provide for the use by any person of land owned or occupied by the municipality upon such terms as may be fixed by council;

(c.1) to provide for the use by any person of officers, employees or agents of the municipality upon such terms as may be fixed by council;

(d) to sell, lease or otherwise dispose of at a nominal price, or make a grant of, any personal property of the municipality or to provide for the use of the personal property on such terms as may be fixed by council; and

(e) to make donations of foodstuffs and merchandise purchased by the municipality for that purpose. 2001, c. 25, s. 107 (2); 2006, c. 32, Sched. A, s. 49.

AGENDA ITEM #8.5.1


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http://www.ontario.ca/fr/lois/loi/01m25#s106s1





Policies and ProceduresThe Corporation of the Town of Cochrane

Department Administration Effective:

Subject: Donations Policy Pages: 1 of 2

Approved by: By-Law Number#944-2013 Revised:

PurposeThis policy has been developed to assist Town Council in administering its annual donations budget as well as providing guidance on the allocation of funds to applicants.

ObjectivesTo provide a consistent response from Council to requests for donations

To provide clear procedures for staff when responding to requests for donations.

Definitions:Donation: Any direct monetary contribution or provision of services, facilities and equipment.

Interpretation:Request for consideration of a donation must be provided in writing, either using appendix “A” of this policy or a letter that provides the same information as required in appendix “A”.

To be considered, all requests should be received at least 30 days in advance of the date the funds are required.

Council at its discretion may or may not grant a request for a donation for a single event or a number of events relating to the same cause.

Council may at its discretion consider requests for amounts greater than the prescribed maximum and/or the distribution of funds outside the Town for events of regional, provincial or national significance.

Criteria:All requests will be assessed based on availability of the requested resource, potential financial impact to the municipality, contribution to the well-being of members of the community, recognition of worthwhile program/cause, and overall community impact.

To be considered eligible for a donation an individual, group or organization must:

- be based in or affiliated with the Town of Cochrane- be a not for profit organization, program or cause, either through formal

designation or intent as deemed by Council to be equivalent to not-for-profit type program/cause

- not be the recipient of any other financial or other type of assistance from the Town of Cochrane

- agree to acknowledge Council’s contribution in all publicity relating to the events or activity to which the donation applies;

AGENDA ITEM #8.5.1


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Policies and ProceduresThe Corporation of the Town of Cochrane

Department Administration Effective:

Subject: Donations Policy Pages: 2 of 2

Approved by: By-Law Number #944-2013 Revised:

Other:The maximum amount to be donated to any one event or activity is $250.

An annual amount will be budgeted for the purposes of donations each year as part of the annual municipal budget process.

In making donations and contributions, the municipality may impose such conditions and/or restrictions as it deems fit.

AGENDA ITEM #8.5.1


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CORPORATION OF THE TOWN OF COCHRANE

.;%y?M REQUEST TO ATTEND A WORKSHOP CONFERENCE OR SEMINARi

NAME: Mayor, CAO, Director and Councillor

ACTIVITY: ROMA/OGRA Combined Conference

LOCATION: Toronto Dates: Feb. 21-24 2016

REASON FOR REQUEST:

EXPENSES

A) PER DIEM 2 x§125x4 days $ 1,000.00(NUMBER OF DAYS)

B) HOTEL ROOM §627 x 4 $ 2,508.00($209 x 3 nights)

C) TRANSPORTATION Air— 4 x §35o $ 1,400.00

D) REGISTRATION FEE §575 x4 $ 2,300.00E) MEALS §75Idayx4 daysx4 $ 1 200.00

ESTIMATED TOTAL EXPENSES $ 8,408.00

DATE OF REQUEST: SIGNATURE:

MOTION OF COUNCIL:

APPROVED: DENIED:

DATE: MAYOR'S SIGNATURE:

1. THE WORKSHOP OR CONFERENCE MUST BE DIRECTLY RELATED TO YOUR WORK.

2. YOU MUST BE READY TO REPORT TO OTHERS THE KNOWLEDGE OBTAINED AT THE ACTIVITY.

3. EACH DELEGATE MUST SUBMIT A STATEMENT OF EXPENDITURES TO THE TREASURER AFTER THE

ACTIVITY.

AGENDA ITEM #10.1

2016 OGRA/ROMA Combined Conference - February 21-24, 2016 - ...

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AGENDA ITEM #10.1


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WorkshopsASSET MANAGEMENTOntario's municipalities have embraced the importance of Asset Management Planning (AMP).It is now

important for municipalities to begin shifting their attention to the operationalization of their AMPS. Three

workshops willbe devoted to developing such strategies:

- Establishing Your Asset Management Priorities- Selling Your AMP to Council and the Public- AligningYour AMP with Provincial and Federal Priorities

BUILDING BETTER ROADSRoads are a municipality's most valuable asset. The approaches of yesteryear have been replaced by cutting

edge innovations that promise to boost road network performance. Workshops willexamine:

- Recycled Aggregates

- Pavement Conditioning- Roundabouts

PROTECTING OUR ENVIRONMENThitp:IIcombinedconferenceorglagenda/workshops! 1/4

AGENDA ITEM #10.1


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10/21/2015 Workshops ~ OGRA/ROMACombined Conference

Environmental considerations have never been more important. Municipalities are at the forefront ofresponding to the effects of climate change. Workshops willlook at some of the efforts that are likelyto haveconsiderable municipal implications:

- Cap and Trade- Species at Risk- Municipal Sector and Climate Change

REIMAGINING SOCIAL SERVICESAs the composition of Ontario's population changes, our social services need to respond. Learn about whatsome communities are doing to respond to this change. Workshops willlook at:

- Social Housing

- "First Responder" Services

- Long-Term Care

ECONOMIC DEVELOPMENTThe stratecile

, ,, ,for economic development are as varied as the communities pursuing them; Workshops will

focus on the cutting edge research that is paying dividends across the province:

- Northern Ontario Agriculture- Are Downtowns Back?

RENEWING LOCAL DEMOCRACYThe Government of Ontario has recently completed its five year review of the legislation that governs

municipal government. Workshops will look at the following topics:

- Conflict of Interest Act

- Municipal Electoral Reform- MunicipalAct

ROAD SAFETY AND LIABILITY SAFETYIt isn't only how we build our roads that is changing, but also how we use them. The auto-centric world of the

recent past is giving way to more "complete street" use. Learn about these trends and the risks associated

with them in these workshops:

- Active Transportation- Speed limits- MMS

Agendahllp://combinedconferencecrglagendalworkshopsl 2/4

AGENDA ITEM #10.1


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1

Alice Mercier

From: Cheryl M. <[email protected]>Sent: Thursday, October 22, 2015 4:18 PMTo: Alice MercierSubject: Request for Use of Band Stand

Hi Alice,

This email is to request the use of the band stand, on Lake Commando for the purpose of a wedding

ceremony.

The date of the wedding is Saturday, July 23rd, 2016 at 4:00pm, however we would like to have the whole day

available so that we can decorate the area. We will ensure that clean up will be done before dark on this day.

Also, we would like to inquire about a liquor license for the afternoon to serve cocktails after the ceremony.

Can you advise me if this is possible and the steps that would need to take place in order to have this.

Thank you,

Cheryl Moore

Dillon Recoskie

AGENDA ITEM #10.2

Cheryl Moore - Request for Use of Bandstand

of 53

nymamlHnileylmry

3%FBorr32$ cm/-mute"°'""’”“"

Tel: (705) 672-3363- - 0X F : (705) 672~29ll

Haileybury, Ontario POJ IKO wvvw.temi(s:l'farningshores.cc1S ores

October 23, 2015

Town of CochraneP.O. Box 490171 4"‘AvenueCochrane, ON POL 1C0

Attention: Jocelyne Pronovost, Clerk

Dear Ms. Pronovostzz

RE: RESOLUTION — HIGHWAY 11 FROM NORTH BAY TO COCHRANE — FOUR LANING

At the Regular Meeting held October 26, 2015 Council of the City of Temiskaming Shorespassed ResolutionNo. 2015-563 to endorse and petition the Government of Ontario andGovernmentof Canada to begin the process of four-laning Highway 11 from North Bay to

Cochrane, a certified true copy of which is attached.

Council is asking for support in the form of a resolution from all municipalities in theTimiskaming, Nipissing and Cochrane Districts as well as from the Temiskaming MunicipalAssociation and Northeastern Ontario Municipal Association.

Should your municipality be supporting this matter, please fon/vard a certified true copy of yourresolution at your earliest convenience to:

City of Temiskaming Shores325 Farr Drive, P.O. Box 2050

Haileybury, ON POJ 1K0

Attention: David Treen, Municipal Clerk

Fax: (705) 672—3200/ E-mail: [email protected]

Thank you for your anticipated support.

Yours truly,

. "‘\..—,_

David B. TreenMunicipal Clerk

AGENDA ITEM #11.1

City of Temiskaming Shores - Highway 11 from North Bay to Co...

of 53

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City of arm: :12

Temls cTn'1mkshoresgDrsmm: mtmu new Ontario -Dlmmznz Im lun!nuul':I0nlarlI.1

THE CORPORATION OF THE CITY OF TEMISKAMINGSHORESREGULAR COUNCILMEETING

OCTOBER 6, 2015RESOLUTION

Highway 11 from North Bay to Cochrane — Four (4) Laning

Resolution No. 2015-563Moved by: Councillor McArthurSeconded by: Councillor Whalen

Whereas the Public Works Committee considered a resolution for the four=|aningof Highway 11 from North Bay to Cochrane at their August 27, 2015 meeting;and

Whereas Recommendation PW—2015-O50of the Public Works Committeeapproves the presentation of a resolution supporting the four-laning of Highway11 for consideration by Council; and

Whereas Highway 11 is part of the Trans-Canada Highway connecting Ontario toManitoba and Western Canada; and

Whereas almost all goods and services transported by truck to destinations westof Ontario, utilize Highway 11 from North Bay, through the Districts ofTimiskaming and Cochran_e; and

Whereas the amount of transport and tourist traffic has been steadily increasingover the last few years, raising safety issues for those using this two lane sectionof Highway 11; and

Whereas when major accident investigations occur the road is closed down forperiods of 8 to 10 hours with no detours being available in many areas, resultingin isolation of our residents;

Now therefore be it resolved that the Council of the City of Temiskaming Shoreshereby firmly endorses and petitions the Government of Ontario and theGovernment of Canada to begin the process of four-laning Highway 11 fromNorth Bay to Cochrane; and

AGENDA ITEM #11.1


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Further that this resolution be sent to the Temiskaming Municipal Association(TMA), the Northeastern Ontario Municipal Association (NEOMA), and allmunicipalities in the Nipissing, Temiskaming and Cochrane Districts for theirsupport; and

Further that all resolutions of support be returned to the City of TemiskamingShores for submission to the Members of Parliament of Nipissing-Timiskamingand Cochrane—James Bay; the Members of Provincial Parliament for Nipissing,Timiskaming-Cochrane and Timmins—JamesBay; the Premier of Ontario; and theMinister of Transportation.

CARRIED

Certified true copy

‘D; 3;‘David B. TreenMunicipal Clerk

AGENDA ITEM #11.1


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BY-LAW NUMBER 1130-2015

BEING A BY-LAW TO AUTHORIZE THEEXECUTIONOF AN AGREEMENT BETWEEN THECORPORATION OF THE TOWN OF COCHRANEAND 579731 ONTARIO INC./GENDRONCONSTRUCTION

WHEREAS the Municipal Council of the Corporation of the Town of Cochrane

has requested proposals for Concession 2 and 3 Bridge Rehabilitation located in the

Town of Cochrane;

AND WHEREAS as a result of the request for proposals process the Municipal

Council of the Corporation of the Town of Cochrane wishes to accept the submission

received from Gendron Construction, 184 Shirley Street South, Timmins, ON P4R 1C1;

NOW THEREFORE the Municipal Council of the Corporation of the Town of

Cochrane enacts as follows:

1. THAT the Clerk is hereby authorized to sign an agreement on behalf of the

Corporation of the Town of Cochrane with Gendron Construction for Concession

2 and 3 Bridge Rehabilitation in the amount of $59,230.00, plus HST.'

2. THAT the aforementioned Agreement is attached hereto marked Schedule “A”

and forms part of this By-Law.

READ a first and second time this 10”‘day of November, 2015

MAYOR

CLERK

READ a third and final time this 10”‘day of November, 2015.

MAYOR

CLERK

AGENDA ITEM #15.1

By-Laws 15.1.1 By-Law Number 1130-2015 - Being a By-Law to a...

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BETWEEN

landl

SCHEDULE "A" TO BY-LAW NUMBER 1130-2015

This agreement made this 28"‘day of October , 2015

THE CORPORATION OF THETOWN OF COCHRANE,a Municipal Corporation incorporatedpursuant to the laws of the Province of Ontario,

(hereinafter referred to as the “Town”)

579731 ONTARIO INC.GENDRON CONSTRUCTION184 SHIRLEY STREET SOUTHTIMMINS, ONP4R 1C1of the Town of Cochranein the District of Cochrane,

(hereinafter referred to as the “Contractor”)

WHEREAS the Municipal Council of the Corporation of the Town of Cochranehas requested Request for Proposals for Concession 2 and 3 Bridge Rehabilitationlocated in the Town of Cochrane ;

AND WHEREAS as a result of the Request for Proposals process the MunicipalCouncil of the Corporation of the Town of Cochrane has accepted the submissionreceived from Gendron Construction, 184 Shirley Street South, Timmins, ON P4R 1C1;which is attached herewith forming part ofthis agreement;

NOW THEREFORE and in consideration of the mutual covenants andagreements herein contained and subject to the terms and conditions set out, theparties hereto agree as follows:

1. Scope of Work

1.1

1.2

1.3

1.4

1.5

1.6

1.7

Secure the work site and provide: appropriate signage, including bridgeclosure signage, if required. Co-ordinate with the Client for road closuretimes/requirement

Co-ordinate with client on lay down areas for their equipment, supplies,unloading etc...

The Contract includes all labour and materials described in thespecifications and as indicated on the drawings, including HST, permitsand all fees.

Work and materials shown on tlhe drawings may not necessarily bedescribed in the specifications, but remain the responsibility of theContractor.

The Contract, while not including; work specified elsewhere does notalleviate the Contractor's responsibility for providing necessary services,access or other work required for commencement of work.

Where indicated in various sections of the specifications, work listedunder “scope” and items listed under “related work specified elsewhere“ isintended for guidance only, and shall not necessarily be all inclusive.

Install all required sedimentation / erosion controls prior to beginningwork. Maintain in working order until construction is 100 % complete.

AGENDA ITEM #15.1


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2

1.8 Repair damaged bearing timber as shown on dwg S02.

1.9 Add steel collar on damaged piles (11 locations) as shown on dwg S02.

1.10 Replace damaged diagonals (4 locations) as shown on dwg S01.

1.11 Remove Debris from waterway as shown on dwg S01 and dispose of inan approved location as per the Town of Cochrane requirements.

1.12 Remove and replace deteriorated top hand rail as shown on dwg S01 anddispose of existing material in an approved location as per the Town ofCochrane requirements.

1.13 Remove sand from deck as shown on dwg S01.

1.14 Repair asphalt on bridge approaches as shown on 801.

1.15 Add erosion protection material (ie compacted granular A) on westabutment slope as shown on dwg 5501.

1.16 Replace deteriorated approach guard rail post (12 in total) and dispose ofin approved location as per the Town of Cochrane requirements.

1.1? All work areas shall be cleaned at the end of the work day and at the endof the project.

Schedule

2.1 The General Contractor shall submit to the Consultant a complete workschedule for the Contract.

Payment

3.1 A single billing shall be submitted to the Consultant on completion of thework.

3.2 Payment shall be made in the amount of 90% of work complete, asexpressed on Certificate of Payment form prepared by the Consultant andsubmitted to the Town.

3.3 Payment shall be made by the Town within thirty (30) days of its issuanceby the Consultant.

3.4 The holdback of 10% shall be accumulative. The Consultant will issue thecertificates in accordance with the Construction Lien Act.

3.5 Release of uncontested holdback monies shall be subject to fulfillment ofthe requirements of the Act, including:

1. Provision of certificate of good standing with the WorkplaceSafety insurance Board.

2. Provision of a Statutory Declaration with respect to payment ofaccounts.

3. Publication of the Certificate of Substantial Performance in theDaily Commercial News and in one (1) local newspaper,approved by the Consultant.

3.6 The 45 day lien period shall begin on the date of publication in the DailyCommercial News.

3.7 The Contractor shall pay for the cost of publication of the Certificates ofSubstantial Performance.

AGENDA ITEM #15.1


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3.8

3

Monies from the 10% Holdback may be retained as directed by theConsultant, after the lien period to cover:

- unforeseen deficiencies— as built — drawings— other deficiencies to Contract work

requirements of the Construction Lien Actsubject to the

Local Labour and Material

4.1 The Contractor shall, wherever possible, give preference to the use oftradesmen, laborers, and materials from the area, where competitiveprices and workmanship are availalble.

Provincial Sales Tax

5.1 Provincial Sales tax will be applicable on all materials for the project.

Liquidated Damages

6.1 The following Liquidated Damages will be applied to the Contractor foreach additional week (5 working days, Monday to Friday inclusive) thatthe Substantial Performance of the project exceeds the Contract Date ofSubstantial Performance.

TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) per week forSupervision

Substantial Performance

7.1

7.2

Substantial Performance shall mean:

The date the Certificate of Substantial Performance is published in theDaily Commercial News.

The date of Substantial Performance shall be in strict accordance with therequirements of the Construction Lien Act, subject to any formalagreements with respect to the Scope of Work with the Town and theConsultant for items to be completed at a later date (i.e. seasonaldeficiencies).

Inspection for Substantial Performance

8.1

8.2

8.3

The Contractor shall formally request (in writing) from the Consultants anInspection of Substantial Performance and shall coordinate the abovemeeting with all related trades as applicable.

The Contractor shall be held to have inspected his work and remedieddeficiencies prior to the inspection by the Consultant. He shall havethe work in a condition acceptable to the Consultant for SubstantialPerformance and take over by the Town in accordance with contractdocuments.

Should additional inspections or the level of performance he un-acceptable to the Consultant, the Contractor shall be notified, and moniesdeducted from the Contract to cover all costs, time and expenses asrequired for any and all re—inspections.

Liability Insurance

The Contractor shall indemnify and hold harmless the Town of Cochrane, itsrepresentatives, along with its agents and employees from all claims, demands,losses, costs, damages, actions, suits or proceedings by any third party that ariseout of, or are attributable to the Contractor performance of the contract.

AGENDA ITEM #15.1


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10.

11.

9.1

9.2

9.3

9.4

4

The Contractor shall hold and maintain the following insurance coverage,for the duration of his Contract, including one (1) year beyond the date ofTotal Performance including:

a) Comprehensive General Liability Insurance — coverage for damagesfor loss or damage to or destruction of third party property includingdeath arising out of any operations under this Contract in an amount ofnot less than $5,000,000.00 inclusive for any one occurrence. Thispolicy shall include coverage for contractual liability, tortuous liability,non-owned automobiles, and liability arising from the use of machineryattached to any motor vehicles.

b) Automobile Liability Insurance covering all vehicles used in connectionwith the performance of Contractor's work. The insurance to beprovided shall include coverage for bodily injury, passenger hazardand property damage in an amount not less that $ 3,000,000.00inclusive for any occurrence.

c) Property Insurance covering all loss or damage resulting from forestfires on the worksite or within the designated area, in an amount noless than $ 1,000,000.00 inclusive for any occurrence.

Both the Town and the Consultant shall be named as additional insuredwith the Contractor under the terms of this Contract insurance.

All Certificates of Insurance shall be provided to the Town for review andapproval prior to proceeding with any work.

The Contractor shall pay for the above insurance as part of his TotalContract Cost.

Workplace Safety Insurance Board

The Contractor shall agree to obtain, maintain and submit to the Town ofCochrane Certificated in good standing from the Workplace Safety InsuranceBoard from the date of the issuance of the contract award until completion of thework as determined by the representative of the Town of Cochrane.

Total Performance

11.1

11.2

11.3

11.4

11.5

11.6

Total Performance of the Contract shall be the date as noted on the TotalPerformance Certificate issued by the Consultant.

The Contractor prior to Total Performance shall inspect the workthroughout with the Town, prepare and issue a deficiencies list andsupervise and co-ordinate all remedial work.

Upon completion of remedial work the Contractor shall request in writing,a Final Inspection from the Consultant.

The Consultant shall proceed with his Final Inspection withrepresentatives of the Town and the Contractor and shall prepare adeficiencies list as applicable.

Should the Contractor fail to meet the requirements of Completion asdefined by the Construction Lien Act (i.e. lesser of 1% of Contract value or$1,000.00) he shall be held liable for any and all re-inspection costs.These monies shall be deducted from the Contract Price as applicable.

Any minor deficiencies after the Completion Inspection will be coordinateddirectly between the Town and the Contractor including all relatedholdbacks payments.

AGENDA ITEM #15.1


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5

117 THE DATE OF Total Performance shall mark the start of:

a) 1 year Insurance policy extensionb) Start of warrantee period

12. Warrantee

12.1 The warrantee period, which includes all work performed by theContractor shall cover a minimum of one full calendar year after the dateof Total Performance.

12.2 Seasonal items may have their Warrantee period be extended to ensureproper inspection as directed by the Consultant.

12.3 It is understood that any and all deficiencies must be remedied and co-ordinate between the Town and Contractor, more or less within the one(1) year warrantee period.

12.4 The Contractor and his sub-trades, as applicable shall provide allemergency servicing and remedial work, during the Warrantee period inan efficient and timely manner on such items that affect day to day use ofthe Works.

12.5 Warrantee coverage per the terms of this Contract shall cover labour,materials and all related charges for all work with the exception ofdamages due to unusual abuse or usage, accidental breakage or relateddamages caused by acts of God, criminal activity and other causesnormally covered or excluded by insurance policies.

13. Inspection

13.1 The Contractor shall advise the Consultant as work is being completed sothat the work may be inspected on an on—going basis.

14. SafetyIProtection

14.1 The Contractor shall secure his work area at all times during work hours toprevent access by public to the work areas.

14.2 The work areas shall be barricaded and blocked off after every shift andover week ends to ensure a secure protected work area.

General

15. This Agreement shall ensure to the benefit of, and be binding upon, therespective heirs, executors, administrators and assigns of each of the partieshereto.

IN WITNESS WHEREOF the Corporation of the Town of Cochrane has causedto be affixed its corporate seal attested to by its proper officers and the party hashereunto set his hand and seal on the day and year first above written.

SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWNin the presence of ) OF COCHRANE

)) Per:)))) CLERK)

3WITNESS ) ROEIIN GENDRON

GENIDRON CONSTRUCTION

AGENDA ITEM #15.1


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Tender Form

Project Number: Coch-001

Project Titleand Location: Concession # 2/3 Road Bridge Rehabilitation

Town of Cochrane

Submitted To: Town of CochranePO. Box 940, 171 4”‘Ave. Cochrane, ON. POL lC0

we, 57¢7z/ on pic (ml ?ick;/LBW(,9 «.4Z£;(7:p;v(Company Name)

47% Q 22%,47 X‘/M7’£(Business Address)/

7:” ;< Wu /é//E/H

Not Later Than: October l, 2015 @ 4:00 PM local time.

having examined the Tender Documents as listed in Appendix “A" to this TenderForm, and Addenda No. :2= to No. 2, inclusive, all as issued by RivardEngineering and having visited the Project Site: hereby offer to enter into aContract to perform the Work required by the Tender Documents for the stipulatedprice of:

Dollars ($ 5/ 7. 35,},pi’ ) in Canadian funds, which price includes any speci?edcash and contingency allowances and the applicable taxes in force at this dateexcept as may be otherwise provided in the Tender Documents.

The above Tender Sum does n_ot include H.S.T. applicable on the project.

B-1

AGENDA ITEM #15.1


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THE CORPORATION OF THE TOWN ‘OFCOCHRANE

REGULAR COMMITTEEOF THE WHOLE DATE: October 20, 2015

RESOLUTION NO.: 2Q -2015

AGENDA ITEM NO.: 8.2.1

MOVEDBY ( 21993SECONDED BY 5:2AQZEQ

THAT the Mayor and Council of the Town of Cochrane awards the repairs of Concession2/3 Bridge Glackmeyer to Gendron Construction (579731 Ontario Inc.) in the amount of $59,230.00plus HST.

DECLAREDTHE MOTION

/ CARRIED

DEFEATED

DEFERRED

REFERRED TO:

RECORDED VOTE - Requested by:

Renelle Belisle

Claude Bourassa

-um

Z _

Darryl J. Owens //T’:/"/

Peter Politis

Devon Prevost

Frank Sisco Jr.

wDECLARATION OF CONFLICT OF INTEREST

DISCLOSED HISIHER |NTEREST(S) VACATED HISIHER SEAT

ABSTAINED FROM DISCUSSION AND DID NOT ‘VOTE ON THIS QUESTION.

AGENDA ITEM #15.1


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BY-LAW NUMBER 1132-2015

BEING A BY—LAW TO AUTHORIZE THEEXECUTION OF A FUNDING AGREEMENT WITHHER MAJESTY THE QUEEN IN RIGHT OFONTARIO AS REPRESENTED BY THE MINISTEROF NORTHERN DEVELOPMENTAND MINES

WHEREAS Her Majesty the Queen in Right of Ontario, as represented by the

Minister of Northern Development and Mines has agreed to provide a non-repayable

Contribution under the Northern Community Investment Readiness Program (NCIR) to

the Corporation of the Town of Cochrane, towards the creation of a community profile;

NOW THEREFORE the Municipal Council of the Corporation of the Town of

Cochrane enacts as follows:

1. THAT the Clerk is hereby authorized to sign on behalf of the Corporation of

the Town of Cochrane a Funding Agreement and other necessary documents

with Her Majesty the Queen in Right of Ontario as represented by the Minister

of Northern Development and Mines, for funds in the amount of $10,000.00.

2. THAT the aforementioned Agreement is attached hereto marked Schedule

"A", forming part of this By-Law.

READ a first and second time this 10”‘day of November, 2015.

MAYOR

CLERK

READ a third time and finally passed this 10”‘day of November, 2015. -

MAYOR

CLERK

AGENDA ITEM #15.1


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Northern Community Investment Readiness Program — M14 - 0011

THE AGREEMENT effective as of the 1st day of October 2015.

B E T W E E N :

HER MAJESTY THE QUEEN IN RIGHT OF ONTARIOas represented by the Minister of Northern Development and Mines

(the “Province”)

-and-

The Corporation of the Town of Cochrane

CONSIDERATION:

In consideration of the mutual covenants and agreements contained herein and for other good andvaluable consideration, the receipt and sufficiency of which are expressly acknowledged, the Partiesagree as follows:

ARTICLE 1INTERPRETATION AND DEFINITIONS

1.1 Interpretation. For the purposes of interpretation:

(a) words in the singular include the plural and vice-versa;

(b) words in one gender include all genders;

(c) the background and the headings do not form part of the Agreement; they are for referenceonly and shall not affect the interpretation of the Agreement;

(d) any reference to dollars or currency shall be to Canadian dollars and currency; and

(e) “include”, “includes” and “including” shall not denote an exhaustive list.

1.2 Definitions. Capitalized terms used herein have the meanings set out in Schedule “A"hereto.

ARTICLE 2REPRESENTATIONS, WARRANTIES AND COVENANTS

2.1 General. The Recipient represents, warrants and covenants that:

(a) it is, and shall continue to be for the term of the Agreement, a validly existing legal entitywith full power to fulfillits obligations under the Agreement;

(b) it has, and shall continue to have for the term of the Agreement, the experience andexpertise necessary to carry out the Project; and

(c) unless otherwise provided for in the Agreement, any information the Recipient providedto the Province in support of its request for funds (including information relating to anyeligibilityrequirements) was true and complete at the time the Recipient provided it andshall continue to be true and complete for the term of the Agreement.

2.2 Execution of Agreement. The Recipient represents and warrants that:

Page 1 of 19

AGENDA ITEM #15.1


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Northern Community investment Readiness Program — M14 - D011

2.3

2.4

3.1

4.1

4.2

4.3

(a) it has the full power and authority to enter into the Agreement; and

(b) it has taken all necessary actions to authorize the execution of the Agreement.

Governance. The Recipient represents, warrants and covenants that it has, and shall maintain,in writing, for the period during which the Agreement is in effect:

(a) procedures to ensure the ongoing effective functioning of the Recipient;

(b) decision-making mechanisms;

(c) procedures to provide for the prudent and effective management of the Funds;

(d) procedures to enable the successful completion of the Project;

(e) procedures to enable the timely identification of risks to the completion of the Project andstrategies to address the identi?ed risks;

(f) procedures to enable the preparation and delivery of all Reports required pursuant toArticle7; and

(g) procedures to deal with such other matters as the Recipient considers necessary toensure that the Recipient carries out its obligations under the Agreement.

Supporting Documentation. Upon request, the Recipient shall provide the Province with proofof the matters referred to in this Article 2.

ARTICLE 3TERM OF THE AGREEMENT

Term. The term of the Agreement shall commence on the Effective Date and shall expire March15, 2016 unless terminated earlier pursuant to Article 12, Article 13 or Article 14 or amendedunder Article 32.2.

ARTICLE 4FUNDS AND CARRYING OUT THE PROJECT

Obligation to Fund.

(a) Subject to the terms and conditions of the Agreement, the Province shall reimburse theRecipient for Eligible Project Costs paid by the Recipient to carry out the Project up to theamount of the Maximum Funds.

(b) The Province is not responsible for any cost overruns related to the Project. TheRecipient shall provide its own funds or funds from other sources for all Ineligible ProjectCosts. For further clarification, and without limiting the generality of the foregoing, theRecipient is responsible for all costs that exceed the estimated costs set out in theProject Costs chart in Schedule “C”.

Funds Adjustment. If any cost that is incurred by the Recipient is less than that set out in theBudget, the reimbursement provided for in Schedule “D” to this Agreement shall be reduced bysuch difference (for greater certainty, this provision does not apply to any cost incurred that isgreater than the amount set out in the Budget).

Funds Provided. Subject to the terms and conditions of the Agreement, including the ConditionsPrecedent at Section 4.4, the Province shall:

Page2of19

AGENDA ITEM #15.1


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4.4

4.5

(a) provide the Funds to the Recipient on a reimbursement basis in accordance with thisArticle 4, the Budget attached to the Agreement as Schedule “C”;and

(b) issue a cheque made payable to the Recipient or deposit the Funds into an accountdesignated by the Recipient provided that the account resides at a Canadian financialinstitution and is in the name of the Recipient.

Conditions precedent of funding. The Province’s obligation to provide Funds to the Recipientis subject to fulfillment of the following conditions precedent to the Province’s satisfaction:

(a) the Province is not obligated to provide any Funds to the Recipient until the Recipientprovides the insurance certificate or other proof as provided for in section 11.2;

(b) the Province is not obligated to provide the Funds until all of the tasks set out in Schedule“B”are completed to the satisfaction of the Province;

(c) the Province shall have received and been satisfied with the information provided by theRecipient pursuant to Section 7.1. If the Province is not satisfied with such information, itmay adjust the amount of Funds it provides to the Recipient in any Funding Year;

(d) the Recipient shall have provided written evidence satisfactory to the Province that thefunds from other sources set out in the Project Funding chart in Schedule “C” (the“Project Funding Chart”) necessary to complete the Project have been committed;

(e) the Province shall have received and been satisfied with any information it mayreasonably require to conduct a due diligence review of the Recipient and the Project;

(f) the Province shall have received and been satisfied with copies of all invoices or suchother evidence satisfactory to the Province in its sole discretion, of Eligible Project Costsclaimed by the Recipient and evidence of payment of such Eligible Project Costs;

(g) the Province shall have received and been satisfied with a completed Request forReimbursement in the form attached hereto as Schedule “E”; and

(h) pursuant to the provisions of the Financial AdministrationAct (Ontario), the Province shallhave received the necessary appropriation from the Ontario Legislature for paymentunder the Agreement. If the Province does not receive such appropriation, the Provinceis not obligated to make any payment of the Funds, and, as a consequence, the Provincemay:

(i) reduce the amount of the Funds and, in consultation with the Recipient, changethe Project; or

(ii) terminate the Agreement pursuant to section 13.1.

Use of Funds and Project. The Recipient shall:

(a) carry out the Project:

(i) in accordance with the terms and conditions of the Agreement; and

(ii) in compliance with all federal and provincial laws and regulations, all municipalby-laws, and any other orders, rules and by-laws related to any aspect of theProject;

Page 3 of 19

AGENDA ITEM #15.1


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4.6

4.7

4.8

4.9

5.1

5.2

(b) at its own expense obtain all permits, licences, approvals and authorizations required tocomplete the Project and satisfy the terms and conditions of the Agreement;

(c) comply with the Ontario Travel, Meal and Hospitality Expenses Directive;

(cl) use the Funds only on Eligible Project Costs for the purpose of carrying out the Project;and

(e) spend the Funds only in accordance with the Budget.

No Changes. The Recipient shall not make any changes to the Project and/or the Budgetwithout the prior written consent of the Province.

Maximum Funds. The Recipient acknowledges that the Funds available to it pursuant to theAgreement shall not exceed the Maximum Funds.

Rebates, Credits and Refunds. The Recipient acknowledges that the amount of Fundsavailable to it pursuant to the Agreement is based on the actual costs to the Recipient, less anycosts (including taxes) for which the Recipient has received, will receive, or is eligible to receive,a rebate, credit or refund.

Other Government Assistance. The Recipient shall not use the Funds for any Eligible ProjectCosts for which the Recipient is or will be in receipt of funds from other federal, provincial ormunicipal government sources (“Government Sources"). The Recipient shall promptly notify theProvince if:

(a) funds are received from other Government Sources than those set out in the ProjectFunding Chart; or

(b) funds are received from the Government Sources set out in the Project Funding Chart inan amount or amounts that is/are greater than the amount or amounts set out in theProject Funding Chart.

In the event of the occurrence of (a) andlor (b), in its sole discretion, the Province may reduce theamount of the Funds it provides to the Recipient by, or demand the repayment of, an amountequal to the amount of the additional funds as described above, whereupon the amountdemanded by the Province shall immediately become due and payable, to ensure that there is noduplication of government funding for the Project.

ARTICLE 5ACQUISITION OF GOODS AND SERVICES

Acquisition of Services. Subject to section 30.1, if the Recipient acquires services with theFunds, it shall do so through a process that promotes the best value for money.

Third-Party Contracts over $25,000. If the Recipient selects third-party contracts to performany of the Project for an amount greater than $25,000, the Recipient, unless othen/vise consentedby the Province, use a competitive process, including a written request for at least three (3)proposals, written evaluation of bids received and a written agreement with the successful bidder.The Recipient will ensure that the Province is granted sufficient licence or other rights in allmaterials produced by the Recipient or a third party contract for the Project to enable theProvince to use, reproduce and share materials with other Ontario government ministries and

agencies.

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6.1

6.2

6.3

7.1

7.2

7.3

ARTICLE 6CONFLICT OF INTEREST

No Conflict of Interest. The Recipient shall carry out the Project and use the Funds without anactual, potential or perceived conflict of interest.

Conflict of Interest Includes. For the purposes of this Article, a conflict of interest includes anycircumstances 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 Recipients objective, unbiased and impartial judgment relating to the Projectand the use of the Funds.

Disclosure to Province. The Recipient shall:

(a) disclose to the Province, without delay, any situation that a reasonable person wouldinterpret as either an actual, potential or perceived conflict of interest; and

(b) comply with any terms and conditions that the Province may prescribe as a result of thedisclosure.

ARTICLE 7REPORTING, ACCOUNTING AND REVIEW

Preparation and Submission. The Recipient shall:

(a) submit to the Province at the address provided in section 16.1, all Reports in accordancewith the requirements set out in Schedule “E”, or in a form as specified by the Provincefrom time to time;

(b) submit to the Province at the address provided in section 16.1, any other reports as maybe requested by the Province in accordance with the requirements specified by theProvince;

(0) ensure that all Reports and other reports are completed to the satisfaction of theProvince; and

(d) ensure that all Reports and other reports are signed on behalf of the Recipient by anauthorized signing officer.

Record Maintenance. The Recipient shall keep and maintain:

(a) all financial records (including invoices) relating to the Funds or otherwise to the Projectin a manner consistent with generally accepted accounting principles; and

(b) all non-financial documents and records relating to the Funds or otherwise to the Project.

Inspection. The Province, its authorized representatives or an independent auditor identified by

the Province may, at its own expense, upon twenty-four hours Notice to the Recipient and duringnormal business hours, enter upon the Recipient's premises to review the progress of the Projectand the Recipient's expenditure of the Funds and, for these purposes, the Province, itsauthorized representatives or an independent auditor identified by the Province may:

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7.4

7.5

7.6

8.1

8.2

9.1

10.1

11.1

(a) inspect and copy the records and documents referred to in section 7.2; and

(b) conduct an audit or investigation of the Recipient in respect of the expenditure of theFunds and/or the Project.

Disclosure. To assist in respect of the rights set out in section 7.3, the Recipient shall discloseany information requested by the Province, its authorized representatives or an independentauditor identified by the Province, and shall do so in a form requested by the Province, itsauthorized representatives or an independent auditor identified by the Province, as the case maybe.

No Control of Records. No provision of the Agreement shall be construed so as to give theProvince any control whatsoever over the Recipient's records.

Auditor General. For greater certainty, the Province’s rights under this Article are in addition toany rights provided to the Auditor General pursuant to section 9.1 of the Auditor General Act(Ontario).

ARTICLE 8CREDIT

Acknowledge Support. Unless otherwise directed by the Province, the Recipient shall, in a formapproved by the Province, acknowledge the support of the Province in any publication of anykind, written or oral, relating to the Project.

Publication. The Recipient shall indicate, in any of its publications, of any kind, written or oral,relating to the Project, that the views expressed in the publication are the views of the Recipientand do not necessarily re?ect those of the Province.

ARTICLE 9FREEDOM OF INFORMATIONAND PROTECTION OF PRIVACY

FIPPA. The Recipient acknowledges that the Province is bound by the Freedom of Informationand Protection of Privacy Act (Ontario) and that any information provided to the Province inconnection with the Project or othenrvise in connection with the Agreement may be subject todisclosure in accordance with that Act.

ARTICLE 10INDEMNITY

Indemnification. The Recipient hereby agrees to indemnify and hold harmless the IndemnifiedParties 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 otherproceedings, by whomever made, sustained, incurred, brought or prosecuted, in any way arisingout of or in connection with the Project or otherwise in connection with the Agreement, unlesssolely caused by the negligence or wilful misconduct of the Province.

ARTICLE 11INSURANCE

Recipient's Insurance. The Recipient represents and warrants that it has, and shall maintain forthe term of the Agreement, at its own cost and expense, with insurers having a secure A.M. Best rating of

B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent personcarrying out a project similar to the Project would maintain, including commercial general liability

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Northern community Investment Readiness Program - M14 - 0011

insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to aninclusive limitof not less than two million dollars ($2,000,000)per occurrence. The policy shall include the following:

11.2

12.1

12.2

13.1

13.2

(a) the Indemnified Parties as additional insured’s with respect to liability arising in thecourse of performance of the Recipient’s obligations under, or otherwise in connectionwith, the Agreement;

(b) a cross-liability clause;

(0) contractual liabilitycoverage; and

(d) a 30 day written notice of cancellation, termination or material change.

Proof of Insurance. The Recipient shall provide the Province with certificates of insurance, orother proof as may be requested by the Province, that confirms the insurance coverage asprovided for in section 11.1. Upon the request of the Province, the Recipient shall make availableto the Province a copy of each insurance policy.

ARTICLE 12TERMINATION ON NOTICE

Termination on Notice. The Province may terminate the Agreement at any time upon giving atleast 30 days Notice to the Recipient.

Consequences of Termination on Notice by the Province. If the Province terminates theAgreement pursuant to section 12.1, the Province may:

(a) cancel all further instalments of Funds;

(b) demand the repayment of any Funds remaining in the possession or under the control ofthe Recipient; and/or

(c) determine the reasonable costs for the Recipient to wind down the Project, and:

(i) permit the Recipient to offset the costs determined pursuant to section 12.2(c),against the amount owing pursuant to section 12.2(b); and/or

(ii) subject to section 4.9, provide Funds to the Recipient to cover the costsdetermined pursuant to section 12.2(c).

ARTICLE 13TERMINATION WHERE NO APPROPRIATION

Termination Where No Appropriation. If, as provided for in section 4.4(h), the Province does notreceive the necessary appropriation from the Ontario Legislature for any payment the Province isto make pursuant to the Agreement, the Province may terminate the Agreement immediately bygiving Notice to the Recipient.

Consequences of TerminationwhereNo Appropriation. If the Province terminates theAgreement pursuant to section 13.1, the Province may:

(a) cancel all further instalments of Funds;

(b) demand the repayment of any Funds remaining in the possession or under the control ofthe Recipient; and/or

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13.3

14.1

14.2

(c) determine the reasonable costs for the Recipient to wind down the Project and permit theRecipient to offset such costs against the amount owing pursuant to section 13.2(b).

No Additional Funds. For purposes of clarity, if the costs determined pursuant to section13.2(c) exceed the Funds remaining in the possession or under the control of the Recipient, theProvince shall not provide additional Funds to the Recipient.

ARTICLE 14EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR DEFAULT

Events of Default. Each of the following events shall constitute an Event of Default:

(a) in the opinion of the Province, the Recipient breaches any representation, warranty,covenant or other material term of the Agreement, including failing to do any of thefollowing in accordance with the terms and conditions of the Agreement:

(i) carry out the Project;

(ii) use or spend Funds; and/or

(iii) provide, in accordance with section 7.1, Reports or such other reports as mayhave been requested pursuant to section 7.1(b);

(b) the Recipient's operations, or its organizational structure, changes such that it no longermeets one or more of the applicable eligibility requirements of the program under whichthe Province provides the Funds;

(c) the Recipient makes an assignment, proposal, compromise, or arrangement for thebenefit of creditors, or is petitioned into bankruptcy, or files for the appointment of areceiver;

(d) the Recipient ceases to operate; and

(e) an event of Force Majeure that continues for a period of 60 days or more.

Consequences of Events of Default and Corrective Action. if an Event of Default occurs, theProvince 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 successfulcontinuation or completion of the Project;

(b) provide the Recipient with an opportunity to remedy the Event of Default;

(c) suspend the payment of Funds for such period as the Province determines appropriate;

(d) reduce the amount of the Funds;

(e) cancel all further installments of Funds;

(f) demand the repayment of any Funds remaining in the possession or under the control ofthe Recipient;

(g) demand the repayment of an amount equal to any Funds the Recipient used, but did notuse in accordance with the Agreement;

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Northern Community investment Readiness Program — M14 - 0011

14.3

14.4

14.5

15.1

15.2

15.3

(h) demand the repayment of an _amount equal to any Funds the Province provided to theRecipient;

(i) terminate the Agreement at any time, including immediately, upon giving Notice to theRecipient; and/or

(j) exercise any other rights or remedies available to the Province under this Agreement orapplicable law.

Opportunity to Remedy. If, in accordance with section 14.2(b), the Province provides theRecipient with an opportunity to remedy the Event of Default, the Province shall provide Notice tothe Recipient of:

(a) the particulars of the Event of Default; and

(b) the Notice Period.

Recipient not Remedying. if the Province has provided the Recipient with an opportunity toremedy the Event of Default pursuant to section 14.2(b), and:

(a) the Recipient does not remedy the Event of Default within the Notice Period;

(b) it becomes apparent to the Province that the Recipient cannot completely remedy theEvent of Default within the Notice Period; or

(c) the Recipient is not proceeding to remedy the Event of Default in a way that issatisfactory to the Province,

the Province may extend the Notice Period, or initiate any one or more of the actions provided forin sections 14.2(a), (c), (d), (e), (f), (g), (h), (i) and (j).

When Termination Effective. Termination under this Article shall take effect as set out in theNotice.

ARTICLE 15REPAYMENT

Debt Due. If:

(a) the Province demands the payment of any Funds or any other money from the Recipient;or

(b) the Recipient owes any Funds or any other money to the Province, whether or not theirreturn or repayment has been demanded by the Province,

such Funds or other money shall be deemed to be a debt due and owing to the Province by theRecipient, and the Recipient shall pay or return the amount to the Province immediately, unlessthe Province directs otherwise.

Interest Rate. The Province may charge the Recipient interest on any money owing by theRecipient at the then current interest rate charged by the Province of Ontario on accountsreceivable.

Payment of Money to Province. The Recipient shall pay any money owing to the Province bycheque payable to the “Ontario Minister of Finance“ and mailed to the Province at the addressprovided in section 16.1.

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ARTICLE 16NOTICE

16.1 Notice in Writing and Addressed. Notice shall be in writing and shall be delivered by email,postage-prepaid mail, personal delivery or fax, and shall be addressed to the Province and theRecipient respectively as set out below, or as either Party later designates to the other by Notice:

To the Province: To the Recipients:

Ministry of Northern Development The Corporation of the Town ofand Mines CochraneRegional Economic Development 171 Fourth Avenue P.O. Box 490Branch Cochrane ON POL 1G0435 James Street South, Suite 332Thunder Bay, ON P7E 6S7 Attention: Isabelle Denault

Attention: Michael Dunlop, Phone: (705) 272 -4361 ext. 239Coordinator Northern Communities Fax: (705) 272 - 6068Investment Readiness ProgramFax: 807-475-1573Email: [email protected]

16.2 Notice Given. Notice shall be deemed to have been received:

(a) in the case of postage-prepaid mail, seven days after a Party mails the Notice; or

(b) in the case of email, personal delivery or fax, at the time the other Party receives theNotice.

16.3 Postal Disruption. Despite section 16.2(a), in the event of a postal disruption:

(a) Notice by postage—prepaid mail shall not be deemed to be received; and

(b) the Party giving Notice shall provide Notice by email, personal delivery or by fax.

ARTICLE 17CONSENT BY PROVINCE

17.1 Consent. The Province may impose any terms and/or conditions on any consent the Province maygrant pursuant to the Agreement.

ARTICLE 18SEVERABILITYOF PROVISIONS

18.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any

provision of the Agreement shall not affect the validity or enforceability of any other provision ofthe Agreement. Any invalid or unenforceable provision shall be deemed to be severed.

ARTICLE 19WAIVER

19.1 Waivers in Writing. If a Party fails to comply with any term of the Agreement, that Party mayonly rely on a waiver of the other Party if the other Party has provided a written waiver inaccordance with the Notice provisions in Article 16. Any waiver must refer to a specific failure to

comply and shall not have the effect of waiving any subsequent failures to comply

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20.1

22.1

23.1

24.1

25.1

26.1

ARTICLE 20INDEPENDENTPARTIES

Parties Independent. The Recipient acknowledges that it is not an agent, joint venturer, partneror employee of the Province, and the Recipient shall not take any actions that could establish orimply such a relationship.

ARTICLE 21ASSIGNMENT OF AGREEMENT OR FUNDS

No Assignment. The Recipient shall not assign any part of the Agreement or the Funds withoutthe prior written consent of the Province.

Agreement to Extend. All rights and obligations contained in the Agreement shall extend to andbe binding on the Parties‘ respective heirs, executors, administrators, successors and permittedassigns.

ARTICLE 22GOVERNING LAW

Governing Law. The Agreement and the rights, obligations and relations of the Parties shall begoverned by and construed in accordance with the laws of the Province of Ontario and theapplicable federal laws of Canada. Any actions or proceedings arising in connection with theAgreement shall be conducted in Ontario.

ARTICLE 23FURTHER ASSURANCES

Agreement into Effect. The Recipient shall do or cause to be done all acts or things necessaryto implement and carry into effect the terms and conditions of the Agreement to their full extent.

ARTICLE 24 I

CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY

Failure to Fulfil Obligations. Subject to section 14.1(e), the failure of either Party to fulfil any ofits obligations under the Agreement shall not be considered to be a breach of, or Event of Defaultunder, the Agreement to the extent that such failure to fulfillthe obligation arose from an event of

Force Majeure, if the Party affected by such an event has taken all reasonable precautions, due

care and reasonable alternative measures, all with the objective of carrying out the terms andconditions of the Agreement.

ARTICLE 25SURVIVAL

Survival. The provisions in Article 1, any other applicable definitions, sections 7.1 (to the extentthat the Recipient has not provided the Reports or other reports as may be requested by theProvince to the satisfaction of the Province), 7.2, 7.3, 7.4, 7.5, 7.6, Articles 8 and 10, sections

12.2, 13.2, 13.3, 14.1, 14.2(d), (e), (f), (g) and (h), Articles 16, 18, 22, 25, 26, 28, 29 and 32 andall applicable cross-referenced provisions and schedules shall continue in full force and effect for

a period of seven years from the date of expiry or termination of the Agreement.

ARTICLE 26SCHEDULES

Schedules. The Agreement includes the following schedules:

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27.1

28.1

29.1

30.1

(a) Schedule “A“— Additional De?nitions;

(b) Schedule “B" — Project Description and Timelines;

(c) Schedule “C” — Budget;

(d) Schedule “D”— Request for Reimbursement and Final Report;

(e) Schedule “E" -— Final Report.

ARTICLE 27COUNTERPARTS

Counterparts. The Agreement may be executed in any number of counterparts, each of whichshall be deemed an original, but all of which together shall constitute one and the sameinstrument.

ARTICLE 28JOINT AND SEVERAL LIABILITY

Joint and Several Liability. Where the Recipient is comprised of more than one entity, all suchentities shall be jointly and severally liable to the Province for the fulfillment of the obligations ofthe Recipient under the Agreement.

ARTICLE 29RIGHTS AND REMEDIES CUMULATIVE

Rights and Remedies Cumulative. The rights and remedies of the Province under theAgreement are cumulative and are in addition to, and not in substitution for, any of its rights andremedies provided by law or in equity.

ARTICLE 30BPSAA

BPSAA. For the purposes of clarity, if the Recipient is subject to the BPSAA and there is aconflict between any of the requirements of the Agreement and the requirements of the BPSAA,the BPSAA shall prevail.

ARTICLE 31FAILURETO COMPLY WITH OTHER AGREEMENTS

Other Agreements. Ifthe Recipient:

(a) has failed to comply (a “Failure”) with any term, condition or obligation under any otheragreement with Her Majesty the Queen in right of Ontario or a Crown agency;

(b) has been provided with notice of such Failure in accordance with the requirements ofsuch other agreement;

(c) has, if applicable, failed to rectify such Failure in accordance with the requirements ofsuch other agreement; and

(d) such Failure is continuing,

the Province may suspend the payment of Funds for such period as the Province determinesappropriate.

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ARTICLE 32ENTIRE AGREEMENT

32.1 Entire Agreement. The Agreement constitutes the entire agreement between the Parties withrespect to the subject matter contained in the Agreement and supersedes all prior oral or writtenrepresentations and agreements.

32.2 Modification of Agreement. The Agreement may only be amended by a writtenagreement duly executed by the Parties.

The Parties have executed the Agreement on the dates set out below.

HER MAJESTY THE QUEEN IN RIGHT OF ONTARIOas represented by the Minister of Northern Development and Mines

John Guerard DateDirector (Acting)Regional Economic Development BranchMinistry of Northern Development & Mines

The Corporation of the Town of Cochrane

Name: DatePosition:

Name: DatePosition:

lNVe have authority to bind the corporation.

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Northern Community Investment Readiness Program — M14- 0011

10.

11.

12.

13.

SCHEDULE “A"ADDITIONALDEFINITIONS

“Agreement” means this agreement entered into between the Province and the Recipient andincludes all of the schedules listed in section 26.1 and any amending agreement entered intopursuant to section 32.2.

"BPSAA“ means the Broader Public Sector Accountability Act, 2010 (Ontario), including anydirectives issued pursuant to that Act.

“Budget” means the budget attached to the Agreement as Schedule

“Effective Date” means the date set out at the top of the Agreement.

“Eligible Project Costs" means the costs paid by the Recipient for the purpose of carrying outthe Project forwh'h theProvincemay provide Funds and that are (a) incurred by the Recipientbetween Qctober?, 201:5and the date of the expiry or termination of the Agreement; (b) in thesole opinion of the Province, reasonable and necessary for carrying out the Project; and (c)limited to the amounts and eligible Project cost categories set out in the Eligible Project Costschart in Schedule

“Event of Default” has the meaning ascribed to it in section 14.1.

“Force Majeure" has the means an event that is beyond the reasonable control of a Party, andmakes a Party's performance of its obligations under the Agreement impossible, or soimpracticable as reasonably to be considered impossible in the circumstances. Force Majeureincludes: (a) infectious diseases, war, riots and civil disorder, (b) storm, flood, earthquake andother severely adverse weather conditions, (c) lawful act by a public authority, strikes, lockoutsand other labour actions, and (d) if such events meet the definition of Force Majeure set outherein. Force Majeure, however, shall not include any event that is (a) caused by the negligenceor intentional action of a Party or such Party's agents or employees, or (b) any event that adiligent Party could reasonably have been expected to (i) take into account at the time of theexecution of the Agreement, and (ii) avoid or overcome in the carrying out of its obligations underthe Agreement.

“Funding Year" means: (a) in the case of the first Funding Year, the period commencing on theEffective Date and ending on the following March 31, and (b) in the case of Funding Yearssubsequent to the ?rst Funding Year, the period commencing on April 1 following the end of theprevious Funding Year and ending on the following March 31.

“Funds” means the money the Province provides to the Recipient pursuant to the Agreement.

“Indemnified Parties" means her Majesty the Queen in right of Ontario, her ministers, agents,appointees and employees.

“Ineligible Project Costs” means all Project costs that are not Eligible Project Costs, includingbut not limitedto: annual operating expenses, capital or rolling stock purchases, long term leases,advertising or promotional materials, outbound travel and accommodations, HST refundablepayments, and project costs incurred priorto the approval date.

“Maximum Funds” means the maximum amount payable to the Recipient in respect of EligibleProject Costs paid by the Recipient to carry out the Project, which is the lesser of: (i) 72.16% oftotal Eligible Project Costs paid by the Recipient to carry out the Project, and (ii) Ten ThousandDollars ($10,000.00).“NCIR” means the Northern Community Investment Readiness Program.

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14.

15.

16.

17.

18.

19.

“Notice" means any communication given or required to be given pursuant to the Agreement.

“Notice Period” means the period of time within which the Recipient is required to remedy anEvent of Default, and includes any such period or periods of time by which the Province considersit reasonable to extend that time.

“Parties” means the Province and the Recipient.

“Party” means either the Province orthe Recipient.

“Project” means the undertaking described in Schedule

“Reports” means the reports described in Schedule “E”.

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SCHEDULE “B”PROJECT DESCRIPTION AND TIMELINES

Background

The Northern Community Investment Readiness Program (NCIR) has been established by the Provincewith the intention promoting and supporting a strong and attractive investment climate in NorthernOntario. The objective of the program is assist communities in Northern Ontario to develop the tools andcapabilities to attract, receive and successfully explore investment opportunities.

The Recipient has requested ?nancial assistance from the Province to assist with its Project.

The Project

The project involves the creation of a community pro?le that willbe used to attract new investment to theTown of Cochrane. The profile will include such information as: economic strategies and services,demographic profile and projections, labour force information, major employers, real estate information,utility rates, supporting infrastructure, quality of life, principal sectors, development trends, growthcomparisons and a broad asset inventory. The profile will build upon previous NCIR projects and studies.Information will be able to be presented in both printed and digital (online) media.

Timelines

The Project shall be completed no later than March 15, 2016.

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Northern Community Investment Readiness Program — M14- 0011

SCHEDULE “C"BUDGET

ELIGIBLE PROJECT COSTS

Eligible Project Cost Category Costs

Consultant costs ($636.25 per day x 20 days) $12,725.00Travel costs ($0.41 per km x 900 KM) $369.00Accommodation Costs $300.00Meals as per ministry guidelines ($40.00 per day x 5.63 days) $225.00HST $240.00

Total: $1 3,859.00

INELIGIBLE PROJECT COSTS

Ineligible Project cost Category Costs

HST $1,530.00

Total: $1,530.00

TOTAL PROJECT COSTS

Project Cost Category Costs

Total Eligible Costs $13,859.00Total IneligibleCosts $1,530.00

Total: $15,389.00

PROJECT FUNDING

Source Financing Type Activities Funded Funding Amount

. Conditional Transfer Eligible CostsProvince Payment

$10,000.00' f hTggfggrggggggng‘ 9 Cash AllCosts $5,389.00

Total: $15,389.00

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SCHEDULE “D"REQUEST FOR REIMBURSEMENT

Request for Reimbursement Under the Northern Communities InvestmentReadiness Program

Note:For contributions of up to $15,000, one request for reimbursement form will be processed at the end ottherojept. _

y

.-j

_.,

_Forcontributions over $15,000, up to two request for reimbursement forms will be considered for theproject.

NCIR File Number: Reimbursement Request no:

The ........................(name of lead municipality, First Nation or economic development corporation) in theDistrict o .........hereby requests the release of funds, as detailed in the calculation ofexpenditures below, with respect to the contribution for the .......................(name of project).

Letter of approval date: Project completion date:

Calculation of expenditures

Total estimated project costs (1) $Project contributions confirmed from other sources — including the Applicant (2) $Total approved NCIR contribution (3) $Total of previous requests for reimbursement (4) $Total eligible expenditures claimed for this request (5) $NCIR Contribution for this request (75 % X Line 5) (Q) $New balance = line (3) minus line (4) minus line (6) (7) $

lit” ‘‘ '

' ?n . t 4 ti!‘Mi'it1)E lhiiis m‘ti<u.ii'rl)s,,t;‘ ins 11(2).»iittizil?tliviga; ii«‘i it lugs‘: . ijfji

l solemnly declare that the sum of money indicated on line (5) above has been paid as speci?ed in thefunding agreement, from funds belonging to this Municipality, Band Office/Corporation for the purposes ofthe above-named project and that Bona Fide invoices and receipts in support thereof are available forinspection upon request.

Signature: Street address/ PO Box:Name: CityTitle (authorized signatory): ProvinceDate: Postal code:

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SCHEDULE “E”FINAL REPORT

Final project report

V

Page 2

[This portion to be completed by the Applicant when the project is complete and/orlfinalrequest for payment issubmitted.Project description and activities

Were the project activitiessuccessful? (Discuss)

Ifa report or study was adeliverable, have appropriatecopies been fonivarded to theMinistry? (Comment)

Sig nature:

Name:

Title (authorized signatory): Date:

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THE CORPORATIONOF THE TOWN OF COCHRANE

REGULAR COMMITTEEOF THE WHOLE DATE: September 1, 2015

RESOLUTIONNO.: E -2015

AGENDA ITEMNO.: 8.6.1

MOVED BY OIL2-\‘-‘vufI

SECONDED BY

WHEREAS the last data compilation to create a community profile for the Town of Cochrane was done in 2008 and thus

needs to be updated to reflect the current trends in the community.

WHEREAS the 2014 Strategic Plan is an adopted direction for the Town of Cochrane and suggests to makeuse of tools

that willimprove the highway 11 corridor and downtown core by attracting new investment.

WHEREAS the Town of Cochrane utilizes relatively no comprehensive tools or materials to attract investors at the

moment and requires improvement in the areas regarding creating a community profile according to the investment

Readiness Test. in order to become investment ready.

WHEREAS the community profile is a proven tool to increase a municipality's capacity to entertain and resolve investors’

inquiries increasing the likelihoodof attracting and retaining investment.

BE IT RESOLVED THAT the Town of Cochrane Council supports a $10,000 application to the Northern Community

investment Readiness (NCIR) program for the completion of a community profile and commits $5,400.00 as well as any

cost overruns for the completion of this said project.

AND BE IT ALSO RESOLVED THAT Markey Consulting, the lowest submitted price be awarded the project pending

NCIR funding approval.

DECLAR D THE MOTION

// CARRIED

DEFEATED

DEFERRED

REFERREDTO:

RECORDEDVOTE - Requested by:

Renelle Bélisle

Claude BourassaDarryl J. Owens

Peter Politis

A’2’

//!

Devon Prevost Z<lErank—Siaeo-J1‘.--'-

Jane Skidmore — Fox

DECLARATIONOF CONFLICTOF INTERESTT

DISCLOSEDHISIHER |NTEREST(S) VACATED HISIHER SEAT

ABSTAINEDFROM DISCUSSION AND DID NOT VOTE ON THIS QUESTION.

AGENDA ITEM #15.1


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