ii - london, ontariocouncil.london.ca/councilarchives/agendas/board of... · 3/4/2009  · report...

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Agenda Item # Page # TO: FROM: SUBJECT CHAIR AND MEMBERS BOARD OF CONTROL MEETING ON MARCH 4,2009 J.T. HOBBS, DIRECTOR, FLEET, FACILITIES & DEPARTMENTAL RESOURCES OAKRIDGE OPTIMIST COMMUNITY PARK PROJECT NO. PO19 - RC2747 TENDER NO. 09-14 OAKRIDGE PARK FIELD HOUSE RECONSTRUCTION I RECOMMENDATION I1 That, on the recommendation of the Director, Fleet, Facilities & Departmental Resources: The bid submitted by Mycon Construction, 1615 North Routledge Park, Unit 9, London Ontario, N5H 5L6 at its tendered price of $337,190.00 (GST excluded) for the Oakridge Park Field House Reconstruction BE ACCEPTED; it being pointed out that this bid was the lowest bid received that meets the City's specifications and requirements in all areas; The Financing for this project BE APPROVED as set out in the Sources of Financing Report attached hereto as Appendix "A; Future additional annual operating costs of $700 BE APPROVED as a first priority commitment from available assessment growth in 2010 subject to final budget approval; The Civic Administration BE AUTHORIZED to undertake all administrative acts that are necessary in connection with the project; and The approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract with the contractor for the work. II PERVIOUS REPORTS PERTINENT TO THIS MATTER II There are no previous reports pertaining to this matter. BACKGROUND Purpose: This report is submitted to seek Council approval to enter into a formal contract with Mycon Construction for the Oakridge Park Field House Reconstruction. Context: Life cycle renewal work was identified in a 2000 condition study and originally scheduled to be undertaken in 2008. In late 2007 the Optimist Club of Oakridge Acres informed the City that they would be seeking an Ontario Trillium Foundation grant for enhancements to Oakridge Park including upgrades to the field house. As a result design work on the field house life cycle renewal work was deferred pending approval/rejection of funding from the Trillium Foundation. In June 2008 the Optimist Club of Oakridge Acres received an Ontario Trillium Foundation grant in the amount of $100,000 to revitalize the Oakridge Optimist Community Park, including

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Page 1: II - London, Ontariocouncil.london.ca/CouncilArchives/Agendas/Board Of... · 3/4/2009  · Report attached hereto as Appendix "A; ... an Ontario Trillium Foundation grant for enhancements

Agenda Item # Page #

TO:

FROM:

SUBJECT

CHAIR AND MEMBERS BOARD OF CONTROL

MEETING ON MARCH 4,2009

J.T. HOBBS, DIRECTOR, FLEET, FACILITIES & DEPARTMENTAL RESOURCES

OAKRIDGE OPTIMIST COMMUNITY PARK PROJECT NO. PO19 - RC2747

TENDER NO. 09-14 OAKRIDGE PARK FIELD HOUSE RECONSTRUCTION

I RECOMMENDATION I1 That, on the recommendation of the Director, Fleet, Facilities & Departmental Resources:

The bid submitted by Mycon Construction, 1615 North Routledge Park, Unit 9, London Ontario, N5H 5L6 at its tendered price of $337,190.00 (GST excluded) for the Oakridge Park Field House Reconstruction BE ACCEPTED; it being pointed out that this bid was the lowest bid received that meets the City's specifications and requirements in all areas;

The Financing for this project BE APPROVED as set out in the Sources of Financing Report attached hereto as Appendix "A;

Future additional annual operating costs of $700 BE APPROVED as a first priority commitment from available assessment growth in 2010 subject to final budget approval;

The Civic Administration BE AUTHORIZED to undertake all administrative acts that are necessary in connection with the project; and

The approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract with the contractor for the work.

I I PERVIOUS REPORTS PERTINENT TO THIS MATTER II

There are no previous reports pertaining to this matter.

BACKGROUND

Purpose: This report is submitted to seek Council approval to enter into a formal contract with Mycon Construction for the Oakridge Park Field House Reconstruction.

Context: Life cycle renewal work was identified in a 2000 condition study and originally scheduled to be undertaken in 2008. In late 2007 the Optimist Club of Oakridge Acres informed the City that they would be seeking an Ontario Trillium Foundation grant for enhancements to Oakridge Park including upgrades to the field house. As a result design work on the field house life cycle renewal work was deferred pending approval/rejection of funding from the Trillium Foundation. In June 2008 the Optimist Club of Oakridge Acres received an Ontario Trillium Foundation grant in the amount of $100,000 to revitalize the Oakridge Optimist Community Park, including

Page 2: II - London, Ontariocouncil.london.ca/CouncilArchives/Agendas/Board Of... · 3/4/2009  · Report attached hereto as Appendix "A; ... an Ontario Trillium Foundation grant for enhancements

Agenda Item # Page #

nn

renovations to the current field house to allow for accessible washrooms, a canteen and a community meeting room.

A letter of agreement between the Ontario Trillium Foundation and the Optimist Club of Oakridge Acres confirming the Foundation grant is attached as Appendix “C . The Optimist Club has committed $60,000 of the Trillium grant toward the field house reconstruction and these funds will be forwarded to the Optimist Club when the building permit for the expansion and renovation is issued. A letter confirming the Optimist Club of Oakridge Acres commitment of funds to this project is attached as Appendix “D.

Discussion:

As the modified design proceeded refurbishing of deteriorated components of the existing field house structure was not a viable option and a complete reconstruction was determined to be the most cost effective means of addressing the life cycle renewal program for this facility.

The work to be performed includes a 600 square foot expansion incorporating new barrier free washrooms and reconstruction of the existing 700 square foot building which will contain storage rooms, a meeting room, a new concession stand and a new mechanical room.

To support the operation of a future spray pad it is proposed to replace the incoming 2 water supply line with a new 6 water line now and bidders were required to submit an alternate price, which is in addition to their base bid, for this work. The existing wading pool is currently planned to be replaced with a spray pad in 2010.

Tenders for the Oakridge Park Field House Reconstruction were opened February 18, 2009. A summary of the bids is attached as Appendix “8”. The bid submitted by Mycon Construction including the alternate price for a new water line was the lowest of the bids received and meets the tender specifications and requirements in all areas and its acceptance is recommended.

Impact on Annualized Operating Costs:

There will be some additional annual operating costs in 2009 with the full year budget impact of an additional $700 affecting 2010 and subsequent years associated with the approval of this project.

Acknowledgements:

This report was prepared by Ken Owen, Facilities Design and Construction.

SUBMITTED BY?

BILL CAMPBELL DIVISION MANAGER FACILITIES DESIGN 8 CONSTRUCTION

RECOMMENDED BY:

J.T. HOBBS DIRECTOR, FLEET. FACILITIES & DEPARTMENT RESOURCES

Attach: Appendix “ A - Sources of Financing Appendix “ B - Summary of Bids Appendix “ C - Ontario Trillium Foundation/Optimist Club of Oakridge Acres Letter of Agreement Appendix “ D - Optimist Club of Oakridge Acres Funding Commitment Letter

Cc: Pat McNaliy. General Manager, Environmental 8 Engineering Services 8 City Engineer J.T. Hobbs, Director of Fleet Facilities 8 Deparbnental Resources Bill Campbell, Division Manager, Facilities Design 8 Construction William C. Coxhead. Director. Parks and Recreation Scott Stafford, Division Manager, Parks and Recreation Operations Lynn Loubelt. Manager of Aquatics Ken Owen, Manager, Facilities Design 8 Construction Kevin Heslop. Optimist Club of Oakridge Acres

Page 3: II - London, Ontariocouncil.london.ca/CouncilArchives/Agendas/Board Of... · 3/4/2009  · Report attached hereto as Appendix "A; ... an Ontario Trillium Foundation grant for enhancements

APPENDIX 'A'

Chair and Members Board of Control

R E Oakridge Optimist Communlty Park Capltal Project RC2747 - 2008 Park Facllltles Major Upgrades

Capital Project TS3091- 2008 Parks Major Upgrades Capltal Project GO1692 - 2008 Building Accesslblllty

#09020

February 20,2009 (Award Contract)

Constructlon - Yycon Constructlon - 5337,190.00 1 F nance and Corporate Sewices confirms that tne cost of tnis pro.ect can De accommodated w tnin tne f nanc ng ava lable for t In the CapSal Works Budgets and tnat, sLb,ect to the aaoption of the recommendat on of tne Dlrector of Fleet, Facil t es ana Departmenta Resources the detai ed source of financing forth s project s

Approved Addltlonal Revised Committed This Balance For ESTIMATED EXPENDITURES Budget Fundlng Budget To Date Submission Future Work p Eng neering 581.000 581,000 $25,000 $56,000 Construct.on 550,000 550,000 257,190 1) 292,810 C ty Related Expenses 1,000 1 000 140 860

632 000 0 632.000 25,140 257,190 349,670 GG1692-2008 Blda. Accessibility Construct on 100.000 0 100.000 20,000 80,000

des Construction 291.056 60 000 351.056 227 365 60 000 63 691 ~~ ,...

City Related Expenses 25,000 15,000 10,000

NET ESTIMATED EXPENDITURES

SUMMARY OF FINANC ING; RC2747-2008 Pa rk Facllltles Mlr UDOrBdeS Capita Levy $350,000 $350,000 $25,140 $257,190 $67,670

632,000 0 632,000 25,140 257,190 349,670 Drawdown from City Facilities RF 282,000 282,000 282,000

Capital Levy 100,000 0 100,000 0 20,000 80,000 661692-2008 Blda. Accessibility

p Capita Levy 300.000 300.000 226.309 73 691 Other Contibutions

TOTAL FINANCING

. ~~ . _ ,__. 2) 16;056 60,000 76,056 16,056 60,000 0

NQES 1) The original scope of work budgeted for Oakridge Park Fieidhouse was $150,000. Upgrades to McMahan Park (budgeted at $100,000)

have been deferred to accommodate the enhanced upgrades to the Oakridge Park Fieldhouse. 2) The Optimist Club of Oakridge Acres has submitted a written confirmation of their contribution in the amount of $60,000.

3) There will be some additional annual operating costs in 2009 with the full year budget impact of an additional $700 affecting 2010 and subsequent years associated with the approval of this project.

EH Martiht$pvard Director of Financial Planning & Policy

x. p. kc_,

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I

drn...r̂ I.-_ Y

APPENDIX "C" -___ ..

Agenda Item #

NW-21-2008 1@:12 FFOl TO 95196615845 P. 02

THE ONTARIO LA PONDATION TRILLIUM T R I L L I U M

COUNOATION DE L ~ O N T A I I O

July 4,2008

Mr. Gary Shawyer Optimlst Club OtOakrMge Acres Inc. 825 Valletta Btreet London, ON NEH 222

Dear Mr. Gary 5hawyar:

Ra: Request ID No. S990379

I am dellghted to lnfonn you that the Ontario Trillium Foundation (OTF) has approved a grant for your wganizath. Attached are two wpies ofthe Letter offAgreement (LOA) and one copy ofthe Schedules. Please mad the LOA and the ampanylng Schedules carefully. The LOA and Schedule6 rrpresent your contra3 with tha Foundblon.

Please elgn both caplee, return the shottor verslon without &heduW 6 and C to OTF a0 w o n aw po8slble addwed (a: do Wostem\Thames Valley at OTF addreeo below. btaln the version that lncludeo the LOA and all the Sohedules for your mcm3s. O m you return the slgned copy (and fulfill any condltlorm related to the 1st payment) OTF will release your 1st payment. We am a h enclosing a why of the Reporting Forms in Schedule C and ask you to submit all reports uslng thls format A downloadable version 18 available on our web site.

As you embark on ihls exciting prop& we 818 ready to sup# your &or$ to hnmaae puMk ~wal(tn88d of your grpnl. TWO will llkdy involve members of provincdal parliament Durfng the communications plannlng perkd, until August 5th 2008, your MPP wlll recstve a Ilct of approved grants, and may be In tauoh with your organizatbn to mgratulnte you and a& you to be Involved in a recognIUon event. OTF staff I8 p l d to Soslfl In co-ordlnathg arrangements wltn MPP offices and we refer you to the Grant Reoognitlon Polloy as guide. If you ara plannlng to publlcke your grant before the above mentioned dab, please call our Manager of CommunlcaUone and Events at (416) 883-7972 or 1-80&263-2W7, ext 272.

Should you have other questions. pbaee contact Yacouba Traor6, your Orante Associate. On behalf of OTF, please aocept our mngratulauOna. I know your group Will make an Important mnWbution to building healthy and vlbrPnl communities throughaut Ontario.

Your0 sincerely,

Helen Burslyn Chalr dlhe Board

. H B U

' . '. ' I ' - 1 , . ._. . . . . . -. I

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AOenda nem # Pa e #

i? NOV-21-2008 10:13 FROM TO 55196615845 P.03

i T H K ONTARIO LA PONDATION

TRILLIUM TRILLIUM FOUNDATION DE L ~ O N T A R I O

LETTER OF AGREEMENT

BETWEEN

Ontario Trillium Foundation (“The Foundation”)

AND

Optimist Club of Oakridge Acres Inc. (“The Grantee”)

825 Valletta Street London, ON N6H 222

$1 00,000 over 12 months

$100,000 over one year to revitalize the Oakridge Optimist Community Park and to renovate the current field house to allow for accessible washrooms and walkways, a canteen

and a community meeting room.

Request ID No.: 9990379

Board Approval Date: June 26,2008

. .. ... . . . ‘I .I

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NOU-21-2008 10:13 FROM TO 95196615845 P.04

Arena made available for range of recreation and leisure pursuits for everyone in the community

SCHEDULE A; BUDGET, CONDITIONS AND EXPECTED RESULTS, PAYMENT AND REPORT SCHEDULES

Grantee: ODtirnist Club of Oakidae Acres Ino. Requeet ID#: 8990378 Approval Date: June 26. 2004

Grant Amount: $lOO.OOQ Grants Associate: Yacouba Traor6

Perk b. .Increase In availablilty and access to the Park and field house

BUDQET: Orant funds may only be spent for the items and activities described here.

Capltal Signs, Accessible walkways, field house, 100,000 100,000 Electricity to baseball diamonds and sign, incidentals for concessions booth

CONDITIONS: A buliding permit ie to be provided prlor to project commencement to confirm that the detailed deslgn meets the bawler-free design requirements of the 2006 Ontarlo Building Code

FIT WITH PRIORITIES OF THE FOUNDATION: The Foundation is providlng funds for this initiative to support healthier and more physically active Ontarians because it will promote recreational activities for people of all ages and abilltles.

OUTCOMES: In progress and flnal reporb the Qrantee wiil'clearly explain the use of the grant funds and the progress made toward achieving the grant's expected results a$ measured by the performance indicators outllned below.

The obJective of the grant is to create accessible communkyfrlendly spaces and facilities for people to gather and achieve the following results:

enovations to t

OTFLofior dAgmamenr Request ID : -79 - Optimist Club of Oakrldge Acres Inc.

.I ' I _ , .'

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Agenda ltem it Pa e #b A

Due

7/21/2008

10/1/2009

(mmlddlW)

NOV-21-2008 10:13 FROM

Requirements

Letter of Agreement (LOA) and a building permit to confirm that the detailed design meets the barrier-free design requirements of the 2006 Ontario Building Code Anal Report and a written confirmation from Architect, Engineer or Building Official that the project meets the barrier-free design requirements of Section 3.8 of the 2006 Ontario Building Code

TO 95196615845

Date Scheduled (mm/dd/yy)

7/28/2008

P.05

Amount Notes

$100,000 Upon timely receipt of signed Letter of Agreement and a building permit to confirm that the detalled deslgn meets the barrier-free design requirements of the 2008 Ontario Building Code

OTHER REQUIREMENTS * Architect, Engineer or Building _..._. -1 to provide written confirmation upon completion

that the project meets the barrier-free design requirements of Sectlon 3.8 of tha 2008 Ontario Building Code

REPORT SCHEDULE (Please send us 9 coplw of any report we are requestlng and 1 copy of the Letter of Agreement)

O F Letter of Agreeinen1 Reque~I ID : 98EXc379 - OpUmlst Uub d OWUge Acw. Inc

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NOU-21-2008 18:14 FRCN TO 35196615845

SCHEDULE 8: FOUNDATION POLICIES

I. ‘I ”’

P.06

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NOV-21-2008 10:14 FROM TO 95196615845

ONTARIO TRILLIUM FOUNDATION ADVOCACY POLICY

P.07

OTF 1s responslble for managing public funds by distributing these funds in the form of grahts to charltles and not-for-proflt organizations for initlatlves that benefit the communities these organizatlons serve. Organizations or activities that promote a biased viewpoint or advocate a polltical position on issues of public concern are beyond the fundlng mandate of OTF.

Consistent with Its mandate of providing grants to charitable and not-for-profit organlzations In Ontario, OTF wlll not fund

Any organization whose major activities and/or major resources are used to directly influence the position of political parties or to bring about change in law or government policy, through lobbying ot government or polltlcal activity Any program or project with an established political purpose including: s supporl of, or opposition to, a partlcular party or candidate for ofice

prornotlon of a political or soclo-economlc Ideology Intending to bring about or oppose a change in law or governmental policy through court action, lobby of government, or political a c t i i unless It furthers the non-political alme of the organizations and is ancillary to Its usual non-political activities.

Any program that unreasonably advocates for one side Ot a publlc or political debate between one or more organizatlons, and federal, provlncial or municipal governments.

' r 'I '' ' .'

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TO 95196615845 W21-2008 10:15 FROM P. 08

ONTARIO TRILLIUM FOUNDATION REALLOCATION POLICY

OTF is committed to monitoring all grants to ensure that OTF funding is used for the purposes for whlch it was approved. Close monitoring and prudent decision-making concerning the use of OTFs funding by grantees ensures OTF's accountabllity for, and appropriate use of public funds.

Realloodon within previou8ly approved budget Grantees may reallocate up to 10% of the total OTF grant budget within budget categorles, to a maximum amount of $10,000, without prior written approval of OTF. The grantee must report any budget reallocation within budget categories in their next progress and/or final report.

Reallocations In excess of 10% or the maximum amount of $10,000, as well as reallocations between budget categories, require the prior written consent of OTF. Requests must be submitted to OTF in writing for approval. OTF will Consider the reallocatlon request, ensuring that:

the grant is in good standing the grant actlvltles have so far met expectations the reallocation request is within the scope of the originally approved outcomes for the grant.

Reallocatlon andor recovery of surplus funds at the end of the OTF grant OTF will request the return of any surplus funds In excess of $1,000. Amounts under $1,000 may be reallocated by the grantee without prlor OTF approval towards activitles which fall under the scope of the originally approved budget. Reallocations of surplus fund6 towards unrelated activities require prior written approval by OTF. The grantee must report my budget reallocation within budget categories In their next progress and/or final report.

OTP kncr of Agreemcnr

I I r

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Agenda Item # m NOU-21-2008 lQ:15 ' FROM TO 35196615845 P.09

ONTARIO TRILLIUM FOUNDAllON ReCOGNlTlON POLICY

in order to maintain the highest standards of public accountability and to ensure transparency regarding the distrlbution of public funds, the Ontario Trillium Foundation (OTF) has established recognition requirements for grantees.

Grantees are required to actively seek activities and participate in those identified by the Foundation to publicly recognize the Foundation's support. This may include public announcements, news releases. award presentations, acknowledgements on websites and special event$. All annual reports, newsletters, news reIeases, exhibits, interview or other means of communication-print, visual or virtual- dealing with the activities or achievements of the work of the grant shall acknowledge the Foundation's support.

All grantees will receive a recognition certificate that they are required to post in an appropriate high-traffichisible location.

In addltlon, the Foundation may identify opportunitles for recognition related io outdoor projects, including festivals, cultural events, sporting events, access ramps, heritage bulldings, parks and trails. Grantees involved in outdoor projects will receive outdoor signage that they will be required to post In an appropriate high-trafficMslble location.

Ail grantee organizations that have websites must create a link between their site and the Ontario Trillium Foundatlon website for the duration of their grant.

AU recognition certificates, plaques, signs and other forms of recognition will follow an approved wording and graphic standard and will acknowledge both the Ontario Trillium Foundation and the Government of Ontario.

The approved wording to be used in publicity and promotlonai materials is:

The Ontario Tdlliurn Foundation is an agency of the Government of Ontario.

The approved logo and graphic standard are available on the Ontario Trillium Foundation website.

OTF requires grantees to observe a news blackout period after they are notified of their grant Thls perlod enables OTF to coordinate communications and notify key stakeholders about OTF Board decisions. During this period, grantees must not make any pobllc announcements about their grant. The specific time frame 1s defined In the letter accompanying grantees' Letter of Agreement.

All grantees are required to contact their Communications Officer to advise me Ontario Trillium Foundation about any plans to hold a media event, create a photo opportunity or dlstrlbute a news release to recognize their grant.

All grantees must invlte Me Ontario Trillium Foundation to participate In media events to announce their grant,

. .. _ , . , . .... : . . . , I ' "

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W-21-2008 lB:15 FROM TO 95196615845 P.10

. Please rbad this Letter of Agreement carefully. It outlines the Foundation's expectations Of the Grantee and the Grantee cbilglations. It also ensures thatthe Grant benefits Ontarians and the Grantee is accountable for public Grant funds. By signing it, the Grantee legally agrees to the following terms and conditions.

1. Use or Qrant Funds

Grant funds may only be used for the exclusive purpose of the project as it is described In Schedule A (The GranP). Grant funds may only be spent for the items and activities described In Schedule A. Grant funds are not to be used by or for any organization or Indlvidual other than those specified in Schedule A. The Grentee has received, read, and agrees to comply with the "Reallocation of Grant Funds Policy" stated in Schedule 6 ("Foundatlon Policies") as may be amended from time to time. Any unspent @rant funds must be returned to the Foundatlon, unless the Foundation has given prior wriien approval for such funds to be spent on other items or activities that are consistent with the Grant's purpose.

2. Maintaining Not-For-Profit Status andlor Charltable Registration Number

By siQning this Letter of Agreement, the Grantee represents, warrants, acknowledges and confirms the eligibility status set out in the Grantee's application Is current and In 9006 standing. The Grantee also represents and warrants that the Orantee: - Is not in breach of any laws in Canada, the Province of Ontario, any municipality in the

Province of Ontario, or any coult order - has and will maintain its current status In the Grantee's applicatlon for the duration of the Grant, and

- has and will comply with the provisions of the lncome Taw Actand its Regulations that appiyto the Grantee.

The Grantee will immediately inform the Foundation of any change in or challenge to the Qrantee's eligibility status as set out In the Grantee's application.

3. Payment ot Grnnt Funds

The Foundatlon will pay Grant funds accordlng to the terms stated in Schedule A. The Foundation must receive a signed original copy of this Letter of Agreement before sending the first Qrant payment to the Grantee. The Foundation may temporarily withhold Qranl payments or terminate this Letler of Agreement if, in the Fouodation's opinion, the Foundatlon: - is not satlsfied with the Grantee'e progress I deternines that the Grantee is unable to complete the Grant in a satisfactory manner - determines that the Grantee is not complying wlth one or m e of the Foundation's policies

or specific conditlons that relate to the Grant, or - determines that continuing the Grant is not in the general public's interest.

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Agenda item X Pa e # -A

Mw-21-2WZB 10:16 FROM TO 95196615845 P.ll

4. Reports

The Grantee will submit complete progress reports and a flnal report to the Foundation at the times specified In Schedule A. In these reports the Qrantee will clearly explain the Grantee's use of the Grant funds and the progres the Grantee has made toward achieving the GranCs expected outcomes and how the Grantee has complied with the terms and conditions of thls Leiter of Agreement includlng Schedule A. All reports wiii be submitted using the Foundation's "Reporting Forms" found in Schedule C. in addition to these regular reports, the Foundation may ask the Grantee to submit additional interim reports. verbally or In writing, which the Grantee will provlde. The Foundatlon will review the progress the Grantee makes toward achieving the Grant's results. Monitoring progress may involve on-site vlslts by Foundation representatives. The Foundatlon may also ask to consult with the Grantee's personnel regarding the Grantee's expenditures, records, progress, and achievements relating to the Grant. If the Foundatlon does not receive progress or flnal reports in a timely manner, It will withhold payments until the late reports are recelved and consldered by the Foundation to be satlsfactoty. The Foundation may terminate thls Letter of Agreement if any such report is not received within sixty (60) days of the date on which it was due. The Grantee will immediately notify the Foundatlon of any changes to the Grantee that might delay or stop the successful completion of the Grant.

5. ReooMs

The Grantee will maintaln accountlng records that clearly show the receipt of Grant funds and how the money has been spent. All records and supporting docurnentation will be available for inspection by the Foundadon. The Grantee will keep records of Qrant receipts and expenditures for at least six (6) years after the Grant ends. The Grantee will also keep copies of all the reports (and supporting documentation) the Grantee submlts to the Foundatlon for at least six (6) years after the completion of the Grant.

6. Advocacy

The Grantee represents and warrants that It has received and read the Foundation's "Advocacy Policy" In Schedule B as may be amended irom time to time, and the Grantee agrees to comply with this pollcy.

7. Recognftlon of the Foundation

The Qmntee has received and read the Foundation's 'Recognitfon Polic)r stated In Schedule B as may be amended from tlme to tlme, and the Grantee agrees to comply with this policy. Under the "Recognition Policy" the Grantee will recognize the Foundation's support at public events, in all cornmunicatlons and publlcations and seek other opportunities to publicly recognize the Foundation.

I

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NW-21-2008 10:17 FROM I ,

TO 95196615845 P.12

8.'Evaluklon and Audit

The Foundation may conduct or commission an evaluation or audit of this Grant. The Grantee will paacipate in any such evaluations or audits and make the Qrantee's records, books, supporting documentation, and reports available to Foundation personnel or consultants.

9. Human Rights Code

me Grantee will operate in accordance with the Ontario Human Rlghts Code.

10. Insurance

0 The Grantee will purchase and maintain adequate insurance including property insurance, caeuaity insurance, and general liability insurance. Adequate insurance coverage must be maintained for the duration of the Grant.

11. Indemnity

The Grantee agrees to indemnify and save the Foundation, its officers, directors, employees, and agents harmless from and against any and all costs, claims, demands, expenses, actions, causes of action, and for any and all liability for damagea to property and Injury to persons (Including death) howsoever caused, arlsing out of or in any way related to the Grant or to the Grantee. The Foundation holds thls indemnity in trust for parties who are not parties to this Letter of AgreemsnL

12. Violation of Agreement; Change of Status

If the Grantee violates any of the provisions of this Letter of Agreement, including the attached Schedules, the Foundation has We rloht to termlnate the Grant. The Grantee wiil Immediately notify the Foundation if the Lead Appllcant, as set out in the Foundation's Program Guidelines, in a coilaboratfve Grant changes. If the Foundatlon is not satisfied that a suitable new Lead Applicant has been appointed, It may terminate this Grant.

13. Termlnation

If this Letter of AQreement Is terminated, the Foundation will withhold any further payments of Grant funds. If thls Letter of Agreement is termlnated, the Grantee muBt repay any unspent portion of the Grant funds to the Foundation. The Grantee will repay the Grant funds that the Grantee has spent, if in the Foundanon's sole opinion, such Grant funds have not been spent in accordance with thls Letter of Agreement. Any decislon by the Foundation to terminate this Grant will be final and legally binding.

14. Distribution of Assets

If within 6 years of receiving the Grant funds the Grantee dissolves or no longer needs assets purchased wlth the Grant funds, the Grantee will disburse any assets with a value of $5000 or more at no cost to a not-for-profit organization that meets the Foundation's "Eligibility Requirements" as set out in the Foundation's Program Guidelines.

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Agenda Item # page #

m n

NW-21-2008 1'&17 FRM? TQ 9519661584'5 P.13

15. Modlflcartlon

Thls Letter of Agreement and the attached schedules establishes all the'terms and conditions of the Grant. it replaces all previous understandings and agreements. Changes to thls Agreement can only be made in writing. All changes require the signatures of an authorized officer from the Grantee and from the Foundation.

16. Appllcable Law

This Letter of Agreement will be interpreted in accordance with the laws of Canada, the Province of Ontario, any rnunlclpality In the Province of Ontario, or any court order.

17. Capitel Grants (For Grants with a Capltal Component Only)

The Grantee has ail appropriate insurance to cover the project she and any equipment used as part of the project. The Foundation [s not responsible or liable for the quality of design, construction, and maintenance of the project. The Foundation Is not responsible or liable for any loss or damages arising out of or connected wlth &he proJect. The Grantee will ensure that all renovatlons, modifications, and additions meet or exceed ail applicable building codes and project specificatlons.

.

18. No Partnershlp or Jolnt Vertturo

it is expressly acknowledged and agreed that nothing in this Letter of Agreement and it$ Schedules or the advance of any Grant funds to the Grantee creates or causes to be created any form of partnership or joint venture between the Foundation and the Qrantee.

18. Non-As8lgnablllty

This letter of agreement shall not be assigned by the Grantee without the written consent of the Foundation.

20. Rellance by Foundation

The Qrantee represents, warrants, agrees, and acknowledges that the Foundation ha5 relied on the representations and warranties contained herein in providing the Grant, and that the information contained in the application confinues to be correct and contains no material misrepresentations.

1: . . , ,

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NOU-21-2008 10:17 FROM TO 95196615845 P. 14

MPP Pattlcipatlon The Government ot Ontario Is the funder of OTF. Qrantees are required to ensure their MPP, regardless of party affiliation, is Invited to participate in recognition events. OTF staff are pleased to assist in coordinating arrangements wlth MPP offices. For assistance to involve your MPP In your event, please contact your Communications Omcer at OTF.

Large or High-Recognition Grants OTF staff and Grant Review Teams will identify opportunities for highly-targeted recognition or unique marketing strategles for organizations receiving high-Impact grants with slgnlficant recognition potentlal in either grants program. Grants identified as having significant potential for recognition will develop a recognltlon/media strategy tailored to their grant In consultation with the OTF Communications and Public Affairs Department.

I

Multi-year Grants The recognltlon poilcy appllee for the life of the grant. Grantees, in consultation with OTF staff, are expected to conduct on-golng recognition efforts for the duration of the grant

Monitoring Grantees are requlred to report on all recognition activities and media coverage as part of their progress and final repotts. Grant payments may be withheld until OTF staff are satisfied wlth the grantee's recognitlon efforts.

costs In most cases, the costs of recognition signage wlil be funded by the Foundation. However, grantees receiving larger grants, includlng those that are part of a collaborative, may be asked to cover the coet of approprlate recognition themselves. In such cases, this condition wlll be included in the Letter of Agreement.

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NOU-21-2008 10: 18 FROM

A~enda ltam #

1'71 TO 95196615845

SCHEDULE C REPORTINQ FORMS

P. 15

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NOU-21-2008 10:18 FEOM TO 55196615845 P. 16

IN WITNESS WHEREOF, this Letter of Agreement has been signed on behalf of the parties as of the dates Indicated below. I have the legal authority to blnd the organization in this Agreement.

The Ontarlo Trilllum Foundatlon

Per: Patrlcla Else

Name

Director of Grant Operations

Title

Signature

Date

01 c h- 3 n B Y?.-l?

Witness: Loida lgnacio

Name

Coordinator of Program Administration + nature w &,m4? Date

1 .. . . . , ...

Optimist Club of Oakridge Acres Inc.

Per: G A R 9 S H W & Name (Please print)

CLL) R PREslaEhl I -

A J OLY l8 2 0 0 8

Date

Witness!(eJ\ T1 ,L9 Name (Please tint.)

Tltle

' Signaturd

TOTRL P.16

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APPENDIX "D"

Optimist Club of Oakridge Acres 825 Valetta Street, London, Ontario N6H222

February 5,2009

Corporation of the City of London 300 Dufferin Avenue London, Ontario N6B 122

Attention: Mr. Ken Owen Manager, Facilities Design & Construction

Dear Mr. Owen,

The Optimist Club of Oakridge Acres developed a partnership pith the City of London to make enhancements to the park at 825 Valetta Street as part sf a legacy for the 50" anniversary of our commitment to the community. The park ha? been re-named Oakridge Optimist Community Park as part of this project. We made application to the Ontario Trillium Foundation for partial funding in this regard.

On June 26,2008, the Ontario Trillium Foundation awarded the club with $100,000.00 for "Signs, accessible walkways, field house, electricity to bas4ball diamonds and sign, incidents for concessions booth and community meeting room'[ under grant #9990379. We have therefore dedicated $60,000.00 towards the field hou;se project, which is expected to be completed in June I July of 2009.

Please don't hesitate to contact me at (519) 661-5922 should i o u have any questions.

'

I

Yours truly, I

Kevin Heslop Chair - Legacy Committee Optimist Club of Oakridge Acres