10: FROM: pate: MEMORANDUM Alain Mercier, General Manager, Transit Services OC Transpo Corser aa ‘TRANGIT SaRMioES ‘hy of tam David Smith, Director PRESTO System Project ‘647-789-0320 Ext. 5108 E: david smith@prestocard.ca ‘August 3%, 2010 PRESTO Fare System Funding Agreement Please find enclosed a copy of the finalized Funding Agreement between the City of Ottawa (OC Transpo}, the Ministry of Transportation (MTO}, and Metrolinx. The Funding Agreement outlines the legal transfer of funds from the MTO to the City of Ottawa and the payment to Metrolinx for the design, build and implementation of the PRESTO Fare Card system. Please note the Funding Agreement takes effect on the date signed by the Minister of Transportation. Sincerely, OZ | AVI avid Smith, Director (G. _Jane Wright, Executive Project Director Smartcard and Smartbus, city of OtawaPRESTO SYSTEM FUNDING AGREEMENT ‘THIS PRESTO SYSTEM FUNDING AGREEMENT made in quadruplicate as of the Effective Date, BETWEEN HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, represented by the Minister of Transportation for the Province of Ontario referred to herein as the Ministry’ and - METROLINX, a corporation established pursuant to the laws of Ontario referred to herein as “Metrolinx” ~and- CITY OF OTTAWA, ‘a municipat corporation established pursuant tothe laws of Ontario referred to herein as the "Recipient WHEREAS Metrolinx and the Recipient have executed a counterpart to the GTA Fare ‘System Procurement Governance Agreement (the "PGA’) dated October 19, 2009; AND WHEREAS the Ministry's objectives for the PRESTO System include working with ‘municipalities to build strong communities with clean and healthy environments, working toward addressing inter-regional and region-wide congestion, positioning inter-regional transit as an attractive and financially viable alternative to automobile use; AND WHEREAS pursuant to Paragraph 49(a)(i) of the PGA, the Ministry has agreed, ‘subject to entering into a funding agreement between the Ministry and the Recipient, to Contribute 33.33% of the Capital Costs for the acquisition and implementation of the Reeipient's Municipal System; AND WHEREAS this Agreement sets out the terms and conditions of the Ministry's financial contribution to the Recipient for the acquisition of the Municipal System and the Recipients payments to Metrolin for that purpose.NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby expressly acknowledged, the Parties hereto agree as follows: 1.0 Interpretation 1.4. Inthis Agreement the following words shall have the following meanings: “Agreement” means this PRESTO System Funding Agreement entered into between the Ministry, Metrolinx and the Recipient, Including its Schedules, as may be amended from time to time; “additional Funds” means seven hundred thousand dollars ($700,000.00); “Budget” means the budget for the Project, attached to this Agreement as Schedule (Project Budget); “Business Day” means any day which is not a Saturday or Sunday or a day observed as a holiday under the laws of the Province of Ontario or the federal laws applicable to the Province of Ontario, or a day observed as @ holiday for the Government of Ontario; “Capital Costs” means the capital costs generally described in the PGA, Schedule "F (Cost Components and Funding Responsiblities) Table 2 (Municipal System Ministry Funding Contribution), and specified in Schedule "C" (Project Budget) Table 2 (Project Budget by Items) for the acquisition of the Municipal System: “Completion Date” means the date for completion of the Project as provided for in Schedule "8" (Project Timelines) “Contingency Costs” means the unexpected costs described in Schedule “F* (Funding Categories), Article 2.0 (Contingency Costs and Contingency Funds), “Contingency Funds” means the funding for Contingency Costs, ffective Date" means the date this Agreement has been executed by the Minister of ‘Transportation; “Eligible Costs” means the costs, as set out in Schedule “C" (Project Budget, that may be eligible for funding by the Ministry pursuant to Schedule "E" (Eligible Costs); “FAA means the Financial Administration Act, R.S.O. 1990, c. F.12, as, amended; “Fiscal Year” means the period from the ‘st day of April in one year to the 31st day of March in the next year; “Fund(s)" means any money the Province has provided or may provide, as applicable, to the Reciplent pursuant to this Agreement and “Funding” has a similar meaning;