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HomeMy WebLinkAbout13 159 Source Protection Grant Funding Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT , / PAUTYOFK\ BY -LAW NO. 2013 - 159 BEING A BY -LAW TO ENTER INTO AN AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT FOR THE SOURCE PROTECTION MUNICIPAL IMPLEMENTATION FUND WHEREAS the Province of Ontario through the Source Protection Municipal Implementation Fund provides one -time funding to offset a portion of the costs for small, rural municipalities in preparing to implement and implementing source • protection plans; AND WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Municipality of Kincardine requires funding from the Province to assist in carrying out the project; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Municipality of Kincardine enter into a Source Protection Municipal Implementation Fund Grant Funding Agreement with Her Majesty the Queen • in Right of Ontario as represented by the Minister of Environment. 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute, on behalf of The Corporation of the Municipality of Kincardine, the Grant Funding Agreement, attached hereto as Schedule "A ", by affixing their signatures and the corporate seal. 3. That this By -law shall come into full force and effect upon its final passage. 4. This By -law may be cited as the "Source Protection Grant Funding Agreement By -law ". REAL. FIR - ad S • D TIME this 11 day of December, 2013. ayor Clerk RE loa THIR ' . ► • INALLY PASSED this 11 day of December, 2013. VA 4 tiae.-ate . Clerk This is Schedule "A" to By - Law No.Zo -1 9 passed the 1 1 day of C rflber 20 I SOURCE PROTECTION MUNICIPAL IMPLEMENTATION FUND GRANT FUNDING AGREEMENT THE AGREEMENT effective as of December 13, 2013 (the "Effective Date "). BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of the Environment (the "Province ") -and - I The Corporation of the Municipality of Kincardine (the "Municipality ") BACKGROUND: The Province funds projects similar to the Project, defined in Article 1. As described in Schedule A, the Source Protection Municipal Implementation Fund provides one -time funding to offset a portion of the costs for small, rural municipalities in preparing to implement and implementing source protection plans. The Municipality requires funding from the Province to assist the Municipality in carrying out the Project and the Province wishes to provide such funds. CONSIDERATION: In consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the parties agree as follows: ARTICLE 1 DEFINITIONS 1.1 In the Agreement, the following terms shall have the following meanings: "Agreement" means this agreement entered into between the Province and the Municipality and includes all of the schedules listed in section 19.1 and any amendments. "Conflict of interest" includes any circumstances where in relation to its performance REF #: SPMIF 1314 165 Grant Funding Agreement under the Agreement, the Municipality's or its officers, employees or agents other commitments, relationships or financial interests could, or could be seen to, interfere with the Municipality's objective, unbiased and impartial judgment relating to the Project and the use of the Funds or could, or could be seen to, compromise, impair or be incompatible with the effective performance of its contractual obligations. "Funds" means the money the Province provides to the Municipality pursuant to the Agreement. "Indemnified Parties" means her Majesty the Queen in right of Ontario, her ministers, agents, appointees and employees. "Maximum Funds" means a total amount of up to $67,500 which consists of $52,500 together with up to $15,000 collaboration incentive funding (if applicable) as determined by the Province pursuant to section 3.1(a). "Project" means any of the eligible activities described in section B.1 of Schedule "B" undertaken by the Municipality. ARTICLE 2 TERM OF THE AGREEMENT 2.1 The term of the Agreement shall commence on the Effective Date and shall expire on March 31, 2016 unless terminated earlier pursuant to Article 9. The Municipality shall, upon expiry or termination of the Agreement, return to the Province any Funds remaining in its possession or under its control. ARTICLE 3 FUNDS AND CARRYING OUT THE PROJECT 3.1 The Province shall: (a) based upon the Province's assessment of the information provided by the Municipality in the collaboration statement set out in Schedule "D ", determine the exact amount of the $15,000 collaboration incentive funding which will form part of the Maximum Funds and provide notification of that exact amount to the Municipality; (b) provide the Municipality up to the Maximum Funds for the purpose of carrying out the Project; and (c) provide the Funds to the Municipality in accordance with the payment schedule attached to the Agreement as Schedule "C" or at any other time for any reason in the sole discretion of the Province. Page 2 of 17 Grant Funding Agreement 3.2 Despite section 3.1 the Province: (a) is not obligated to provide instalments of Funds until it has approved the reports as set out in Schedule "C "; (b) may adjust the amount of Funds it provides to the Municipality based upon the Province's assessment of the information provided by the Municipality pursuant to section 6.1. 3.3 The Municipality shall: (a) carry out the Project in accordance with the terms and conditions of the Agreement and in compliance with all federal and provincial laws and regulations, all municipal by -laws, and any other orders, rules and by -laws related to any aspect of the Project; (b) use the Funds only for the purpose of carrying out the Project; (c) subject to section 3.3 (d), spend the Funds only on eligible costs and eligible activities as set out in Schedule "B "; and (d) notwithstanding anything else in this Agreement, not spend the Funds on any ineligible activities or ineligible costs as set out in Schedule "B ". 3.4 The Municipality shall not make any changes to the Project without the prior written consent of the Province. 3.5 The Municipality acknowledges that the Funds available to it from the Province pursuant to the Agreement shall not exceed the Maximum Funds. The Municipality undertakes to incur all costs associated with the Project should it exceed the Maximum Funds. 3.6 The Province is not the owner of any intellectual property generated as a result of the Agreement. ARTICLE 4 ACQUISITION 4.1 The Municipality agrees that if it buys any supplies, equipment or services with the Funds, it will ensure the best value for money. ARTICLE 5 CONFLICT OF INTEREST 5.1 The Municipality shall avoid any Conflict of Interest in the performance of this Agreement and shall disclose to the Province, without delay, any actual or potential Conflict of Interest. Page 3 of 17 Grant Funding Agreement ARTICLE 6 REPORTING, ACCOUNTING AND REVIEW 6.1 The Municipality shall submit to the Province all reports set out in Schedule "D" or any other reports as required by the Province. All reports will be approved by the Province. 6.2 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 Municipality and during normal business hours, enter upon the Municipality's premises to review the progress of the Project and the Municipality's expenditure of the Funds and, for these purposes, the Province, its authorized representatives or an independent auditor identified by the Province may: (a) inspect and copy any financial records (including invoices) and non - financial documents and records relating to the Funds or otherwise to the Project; and (b) conduct an audit or investigation of the Municipality in respect of the expenditure of the Funds and /or the Project. 6.3 To assist in respect of the rights set out in section 6.2, the Municipality shall disclose any information requested by the Province, its authorized representatives or an independent auditor identified by the Province, and shall do so in a form requested by the Province, its authorized representatives or an independent auditor identified by the Province, as the case may be. ARTICLE 7 LIMITATION OF LIABILITY AND INDEMNITY 7.1 The Province's officers, employees and agents shall not be liable to the Municipality or any of the Municipality's personnel for costs, losses, claims, liabilities and damages howsoever caused (including any incidental, indirect, special or consequential damages, injury or any loss of use or profit of the Municipality) arising out of or in any way related to the Project or otherwise in connection with the Agreement, unless solely caused by the negligence or wilful misconduct of the Province's officers, employees and agents. 7.2 The Municipality shall indemnify and hold harmless the Indemnified Parties from and against any and all liability, Toss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with the Agreement, unless solely caused by the negligence or wilful misconduct of the Province and its agents, appointees and employees. Page 4 of 17 Grant Funding Agreement ARTICLE 8 INSURANCE 8.1 Municipality's Insurance. The Municipality represents and warrants that it has, and shall maintain for the 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 person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not Tess than two million dollars ($2,000,000) per occurrence. The policy shall include the following: (a) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Municipality's obligations under, or otherwise in connection with, the Agreement;. (b) a cross - liability clause; (c) contractual liability coverage; and (d) a 30 day written notice of cancellation, termination or material change. 8.2 The Municipality shall provide the Province with certificates of insurance, or other proof as may be requested by the Province, that confirms the insurance coverage as provided for in section 8.1. Upon the request of the Province, the Municipality shall make available to the Province a copy of each insurance policy. ARTICLE 9 TERMINATION 9,1 The Province in its sole discretion, without liability, cost or penalty, and without prejudice to any other rights or remedies of the Province under this Agreement or at law or in equity, may terminate the Agreement at any time, for any reason, upon giving at least 15 days notice to the Municipality. 9.2 lithe Province terminates the Agreement, the Province may (1) demand the repayment of any Funds remaining in the possession or under the control of the Municipality and/or (ii) determine the reasonable costs for the Municipality to wind down the Project, and permit the Municipality to offset those wind down costs against any amount owing pursuant to (1); and/or (iii) subject to section 3.5, provide Funds to the Municipality to cover those wind down costs. Page 5 of 17 • Grant Funding Agreement ARTICLE 10 REPAYMENT 10.1 If, pursuant to the provisions of the Financial Administration Act (Ontario), the Province does not receive the necessary appropriation from the Ontario Legislature for payment under the Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may (i) reduce the amount of the Funds and, in consultation with the Municipality, change the Project or (ii) immediately terminate the Agreement. If the Province terminates the Agreement, the Province may (i) cancel all further instalments of Funds, and /or (ii) demand repayment as set out in Section 9.2(i) and/or (iii) determine reasonable costs as set out in Section 9.2(11) and /or section 9.2(iii). 10.2 If in the sole opinion of the Province, the Municipality breaches any representation, warranty, covenant or other material term of the Agreement, fails to carry out the Project, fails to provide reports or improperly uses or spends Funds, the Province may (1) demand the repayment of any Funds remaining in the possession or under the control of the Municipality, (ii) demand the repayment of an amount equal to any Funds the Municipality used, but did not use in accordance with the Agreement, and /or (iii) demand the repayment of an amount equal to any Funds the Province provided to the Municipality. 10.3 If the Municipality fails to pay any amount demanded by the Province, the Municipality acknowledges and agrees that the Province may deduct any unpaid amount from any money payable to the Municipality by the Province, or may exercise any other remedies available to the Province to collect the unpaid amounts. 10.4 The Municipality shall pay any money owing to the Province by cheque payable to the "Ontario Minister of Finance" and mailed to the Province at the address provided in section 11.1 ARTICLE 11 NOTICE 11.1 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 the Municipality respectively as set out below, or as either party later designates to the other by notice: To the Province: Ministry of the Environment 40 St. Clair Ave. West, 14 Floor Toronto, ON M4V 1M2 Attention: Manager, Source Protection Implementation, Source Protection Programs Branch Fax: 416- 212 -2757 Email: SourceProtectionFunding @ontario.ca Page 6 of 17 Grant Funding Agreement To the Municipality: The Municipality of Kincardine 1475 Concession 5, RR 5 Kincardine, Ontario N2Z 2X6 Attention: Murray Clarke, CAO Fax: 519 396 -8288 Email: cao @kincardine.net 11.2 Notices shall be deemed to have been received (a) in the case of postage- prepaid mail, 7 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 the notice. In the event of a postal disruption, notice by postage - prepaid mail shall not be deemed to be received and the party giving notice shall provide notice by email, personal delivery or by fax. ARTICLE 12 MUNICIPALITY'S POWER TO ENTER INTO AGREEMENT 12.1 The Municipality represents and warrants that it has the full power and authority to enter into the Agreement. ARTICLE 13 SEVERABILITY OF PROVISIONS 13.1 The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision of the Agreement. Any invalid or unenforceable provision shall be deemed to be severed. ARTICLE 14 WAIVER 14.1 If a party fails to comply with any term of the Agreement, that party may only rely on a waiver of the other party if the other party has provided a written waiver in accordance with the notice provisions in Article 11. Any waiver must refer to a specific failure to comply and shall not have the effect of waiving any subsequent failures to comply. ARTICLE 15 INDEPENDENT PARTIES 15.1 The Municipality acknowledges that it is not an agent, joint venturer, partner or employee of the Province, and the Municipality shall not take any actions that could establish or imply such a relationship. Page 7of17 ti Grant Funding Agreement ARTICLE 16 GOVERNING LAW 16.1 The Agreement and the rights, obligations and relations of the parties shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement shall be conducted in Ontario. ARTICLE 17 FORCE MAJEURE 17.1 Neither party shall be liable for damages caused by delay or failure to perform its obligations under the Agreement where such delay or failure is caused by an event beyond its reasonable control. ARTICLE 18 SURVIVAL 18.1 The provisions in Article 1, any other applicable definitions, sections 3.1(b), 3.1 (c), 6.1 (to the extent that the Municipality has not provided the reports to the satisfaction of the Province), 6.2, 6.3, Article 7, Section 9.2, Articles 10, 11, 13, 16, 18, 19, and 20, and all applicable cross- referenced provisions and schedules shall continue in full force and effect for a period of 7 years from the date of expiry or termination of the Agreement. ARTICLE 19 SCHEDULES 19.1 The Agreement includes the following schedules: (a) Schedule "A" — Background and Objectives; (b) Schedule "B" — Eligible Costs and Activities; (c) Schedule "C" - Payment; and (d) Schedule "D" - Reports. Page 8 of 17 Grant Funding Agreement ARTICLE 20 ENTIRE AGREEMENT 20.1 The Agreement constitutes the entire agreement between the parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. 20.2 The Agreement may only be amended by a written agreement duly executed by the parties. The parties have executed the Agreement as of the Effective Date. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of the Environment Name: Li rk Title: Director, Source Protection Programs Branch Pursuant to delegated authority Date: 3 // The Co• oratio a he M pality of Kincardine Name: Lar A Vr'cxe_11, e Title: t-Ack40 Date: beCe_ rbe_r f j , 2.o I z, Name: - -turro O�rL� Title: Clot-0 Date: ► .► . ti 1 _ UWe have authority to bind the Municipality. Page 9 of 17 Grant Funding Agreement SCHEDULE "A" BACKGROUND AND OBJECTIVES A.1 BACKGROUND Ontario is committed to protecting drinking water from source to tap. The Clean WaterAct, 2006 enables communities to protect their drinking water sources through the preparation of collaborative, locally developed, science -based assessment reports and source protection plans. Municipalities have a key role to play in implementing these plans. On May 2, 2013 the Province announced, as part of the 2013 Ontario Budget, an investment to help support small municipalities protect existing and future sources of drinking water. The Source Protection Municipal Implementation Fund provides one -time funding to offset a portion of the costs for small, rural municipalities. A.2 FUND OBJECTIVES A.2.1 Source Protection Municipal Implementation Fund Objective and Goals The objective of the Source Protection Municipal Implementation Fund is to provide funding to assist small, rural municipalities in fulfilling policy obligations for significant drinking water threats as specified in an approved or proposed source protection plan that has been submitted for approval. Those with policy obligations under source protection plans, including municipalities, are required to undertake preparatory activities such as acquiring the necessary resources (human, financial and technical) to position themselves to deliver on their obligations under the Clean WaterAct, 2006 and source protection plans. The goals of the Source Protection Municipal Implementation Fund are to help build municipal capacity to implement source protection plans; and support sustainable, local actions to protect drinking water. A.2.2 Project Objectives The objectives of the Project are for the Municipality to use the Funds toward fulfilling their responsibility to implement one or more of the following significant drinking water threat policies in an approved or proposed source protection plan that has been submitted for approval: • Policies for the purpose of Part IV of the Clean WaterAct, 2006; • Policies that govern Planning Act decisions; • Policies that establish education and outreach programs; or • Policies that specify other types of actions the municipality is required to take. Page 10 of 17 Grant Funding Agreement A.3 COLLABORATION INCENTIVE To support the development of sustainable, local actions to protect drinking water and to help increase collaboration efforts among municipalities, up to $15,000 in funding from the Source Protection Municipal Implementation Fund is available to each eligible municipality that collaborates with other municipalities. The Maximum Funds amount referenced in Article 1 includes the amount of up to $15,000. As set out in section 3.1(a), the Province will determine the exact amount of the collaboration incentive funding based on the information set out in the collaboration statement referred to in Schedule "D." In order to receive any of the $15,000, the Municipality must complete the collaboration statement and provide it to the Province by the due date shown in Schedule "D ". The Province will subsequently notify the Municipality of the amount of collaboration incentive funding the Municipality is entitled to, based on the collaboration statement. The Municipality's eligibility for this collaboration incentive funding is dependent upon the number of other municipalities that the Municipality has joined with to perform the Project. The Municipality may receive one of following amounts: $5,000 for collaborating with one to two other municipalities; or $10,000 for collaborating with three other municipalities, or $15,000 for collaborating with four or more other municipalities. To be eligible for this collaboration incentive funding, the Municipality must meet the following criteria: a) Municipal collaborator(s) are located in a source protection area and have vulnerable areas where activities could be a significant drinking water threat; b) Collaboration activities are related to the eligible activities listed in Schedule "B," section B.1; and c) Collaboration activities must take place within a reasonable time frame. Page 11 of 17 J !' Grant Funding Agreement SCHEDULE "B" ELIGIBLE COSTS AND ACTIVITIES B.1 Eligible Activities The Municipality may only spend the Funds on the following eligible activities undertaken by the Municipality, or are undertaken on the Municipality's behalf, between December 13, 2013 and December 7, 2015 that are directly related to the following: Risk management a) Establishing and enforcing risk management plans under Part IV of the Clean Water Act, 2006; b) Communication with landowners affected by policies pertaining to Part IV of the Clean Water Act, 2006; c) Refining the number of threats within the Municipality pertaining to Part IV of the Clean Water Act, 2006; Land use policies d) Implementing the Municipality's municipal land -use planning policies related to activities that are identified as significant drinking water threats; Education and outreach e) Implementing education and outreach policies to address significant drinking water threats; Other activities f) Working with the local source protection authority and local source protection committee to understand the Municipality's requirements under the source protection plan; g) Developing and /or modifying the Municipality's business processes in order to implement significant drinking water threat policies; h) Establishing processes for information sharing among municipalities and source protection authorities; i) Developing a reporting framework for the Municipality that aligns with the collection of data under section 65 of Ontario Regulation 287/07, made under the Clean Water Act, 2006; and j) Other activities the Municipality undertakes to fulfill its requirements to implement Page 12 of 17 Grant Funding Agreement significant drinking water threat policies. B.2 Ineligible Activities The following activities are not eligible for funding under the Agreement and the Municipality may not spend the Funds on the following: a) Refining the number of threats within the Municipality not pertaining to Part IV of the Clean WaterAct, 2006; b) Threat refinement work already funded by the Province through source protection authorities; c) Activities that are already funded through another program, funding body, partners, or other means; d) Activities that are funded by the Source Protection Municipal Implementation Fund through another municipality; e) Fulfilment of the Municipality's responsibilities as a property owner undertaking activities identified as significant drinking water threats; f) Fulfilment of the Municipality's responsibilities under other legislation (e.g., Building Code); and g) Activities not related to fulfilling the Municipality's requirements to implement significant drinking water threat policies specified in an approved or proposed source protection plan that has been submitted for approval. 8.3 Eligible Costs The eligible costs listed below must be directly related to the source protection implementation activities outlined in B.1: a) Municipal staff salaries and benefits for time spent working on the Project (such as hiring or re- assigning Municipal staff to serve as Risk Management Officials and Risk Management Inspectors as specified under the Clean WaterAct, 2006; or administrative support required to establish and/or maintain the Risk Management Office); b) Fees incurred for contracted professional services from professionals, technical personnel, consultants, and contractors for work on the Project (such as hiring a consultant to support the Risk Management Official in determining appropriate measures the Municipality, should include in a risk management plan); and c) Printing and distribution costs related to education and outreach programs and activities necessary to implement a source protection plan. Page 13 of 17 Grant Funding Agreement B.4 Ineligible Costs The following costs are not eligible for funding under the Agreement and the Municipality may not spend the Funds on the following: a) Travel, meals, accommodation and hospitality; b) Overhead (such as rent, utilities, human resources services, office supplies); c) Capital (such as vehicles, office furniture, computers, software licenses, etc.); d) Training (including staff and contracted professional services associated with training); e) Land expropriation or purchase; f) Incentives or compensation for property owners; and g) Costs for establishing risk management plans if costs have been or will be recovered from property owners. Page 14 of 17 Grant Funding Agreement SCHEDULE "C" PAYMENT MILESTONE AMOUNT Following Province execution of Agreement $32,363 Following Province approval of progress report $0 as indicated in Schedule D (if applicable) Following Province approval of collaboration Up to $15,000 as statement as indicated in Schedule D (if determined by the Province applicable) (see Schedule "A," section A.3) Following Province approval of final report as $20,137 indicated in Schedule D Page 15 of 17 Grant Funding Agreement SCHEDULE "D" REPORTS Name of Report Due Date 1. Collaboration Statement (if December 12, 2014 applicable) 2. Progress Report December 12, 2014 3. Final Report December 11, 2015 4. Other Reports as specified On a date or dates specified by the Province. from time to time Report Details 1. The Municipality will use the collaboration statement template to set out the following: (i) A brief description of the collaboration activities, the municipalities that are collaborating, and the lead organization for each activity; (ii) the policies that the activities are supporting; (iii) the timelines for each activity; and (iv) the contact information and signatures of the collaborating municipalities. 2. The Municipality will use the progress report template which will set out the following: (1) actions undertaken to the date of the report in relation to the eligible activities and related expenditures outlined in Schedule "B ", sections B.1 and B.3; (ii) information on general progress under the Project, including how it is meeting the Project objectives outlined in Schedule "A ", section A.2.2; (iii) an assessment of the Municipality's readiness to fulfill its responsibilities under the source protection plan(s); and (iv) an attestation confirming that all Project expenditures were spent in accordance with Schedule "B" and confirming the Project is in compliance with the terms and conditions of the Agreement signed by the Chief Administrative Officer, or equivalent unless otherwise agreed to by the Province. Page 16 of 17 Grant Funding Agreement 3. The Municipality will use the final report template which will include the following: (1) a final description of the actions undertaken in relation to the eligible activities and related expenditures outlined in Schedule "B ", sections B.1 and B.3; (ii) information on all progress under the Project, including a confirmation that the Project objectives outlined in Schedule "A ", section A.2.2 were met; (iii) a final assessment of the Municipality's readiness to fulfill its responsibilities under the source protection plan(s); (iv) an attestation confirming that all Project expenditures were spent in accordance with Schedule "B" and confirming the Project is in compliance with the terms and conditions of the Agreement signed by the Chief Administrative Officer, or equivalent unless otherwise agreed to by the Province; (v) a description of the status of the progress made as a result of the collaboration activities, including any variance from the information provided in the collaboration statement; and (vi) an accounting of any unspent Funds and an explanation as to why there are remaining Funds. 4. Other Reports: (i) the Province will specify the timing and content of any other Reports as may be necessary. Page 17 of 17 Source Protection Grant Funding Agreement Reference to By-Law No. 2013 - 159 FYI - NOT PART OF BY-LAW NO. 2013-159 AMENDMENT NO. 1 — Original with By-law Linked to F13 — Grants General To a Grant Funding Agreement under the 2013-14 Source Protection Municipal Implementation Fund (SPMIF_1314_I65) This amendment No. 1 made in duplicate as of the 27th day of August 2015 Between HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO As represented by the Minister of the Environment and Climate Change (the `Province') - and - The Corporation of the Municipality of Kincardine (the `Municipality) By-law No. 2013-159 — BEING A BY-LAW TO ENTER INTO AN AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT FOR THE SOURCE PROTECTION MUNICIPAL IMPLEMENTATION FUND Ministry of the Environment Ministere de I'Environnement et de and Climate Change l'Action en matiere de changement climatique Source Protection Programs Direction des programmes de protection Branch des sources �r Ontario 14 Floor 14 etage 40 St. Clair Ave. West 40, avenue St. Clair Ouest Toronto ON M4V 1 M2 Toronto (Ontario) M4V 1 M2 September 11, 2015 Mr. Murray Clarke Chief Administrative Officer Municipality of Kincardine 1475 Concession 5, RR 5 Kincardine ON N2Z 2X6 Dear Mr. Clarke RE: Source Protection Municipal Implementation Fund — Amendment 1 We thank you for your municipality's interest in extending your Source Protection Municipal Implementation Fund (SPMIF) grant funding agreement for an additional year and using SPMIF towards implementing septic re- inspection programs in vulnerable areas. We are pleased to notify you that the Ministry of the Environment and Climate Change has approved this request and the amendment to the Grant Funding Agreement has been signed. Enclosed please find the following document: • one (1) duly signed grant funding agreement amendment for your files Please confirm your receipt of this package by emailing us at sourceprotectionfundinq (contario.ca with the following subject line: "SPMIF — Kincardine — SPMIF_1314_165" Should you have any questions, please do not hesitate to contact us at the email address provided above. Please include your reference number (SPMIF_1314_165) in all future correspondence. Sincerely, Pat Kinch Manager (A), Source Protection Implementation Source Protection Programs Branch Encl. AMENDMENT NO. 1 to a Grant Funding Agreement under the 2013 -14 Source Protection Municipal Implementation Fund (SPMIF_1314_165) THIS AMENDMENT NO. 1 made in duplicate, as of the 27 day of August 2015, BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of the Environment and Climate Change (the "Province ") - and - The Corporation of the Municipality of Kincardine (the "Municipality ") WHEREAS the parties entered into a grant funding agreement under the Source Protection Municipal Implementation Fund dated as of December 13, 2013 for the Municipality to build municipal capacity to implement source protection plans and support sustainable, local actions to protect drinking water (the "Agreement "); AND WHEREAS on June 24, 2014, the name of the Ministry of the Environment was changed to the Ministry of the Environment and Climate Change; AND WHEREAS pursuant to Section 20.2 of the Agreement, the parties may amend the agreement in writing; NOW THEREFORE in consideration of the contractual relationship between the Municipality and the Province referred to above and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, the Municipality and the Province hereby acknowledge, agree and undertake as follows: 1. Unless otherwise specified in this Amendment No. 1, capitalized words and phrases have their prescribed meaning as set out in the Agreement. 2. The Agreement is amended as follows: (a) Section 2.1 is deleted in its entirety and replaced with the following: 2.1 The term of the Agreement shall commence on the Effective Date and shall expire on March 31, 2017 unless terminated earlier pursuant to Article 9. The Municipality shall, upon expiry or termination of the Agreement, return to the Province any Funds remaining in its possession or under its control. • (b) Section B.1 of Schedule "B" (Eligible Costs and Activities) is deleted in its entirety and replaced with the following: B.1 Eligible Activities The Municipality may only spend the Funds on the following eligible activities which are undertaken by the Municipality, or are undertaken on the Municipality's behalf, between December 13, 2013 and December 5, 2016 that are directly related to the following: Risk management a) Establishing and enforcing risk management plans under Part IV of the Clean Water Act, 2006; b) Communication with landowners affected by policies pertaining to Part IV of the Clean Water Act, 2006; c) Refining the number of threats within the Municipality pertaining to Part IV of the Clean Water Act, 2006; Land use policies d) Implementing the Municipality's municipal land -use planning policies related to activities that are identified as significant drinking water threats; Education and outreach e) Implementing education and outreach policies to address significant drinking water threats; Other activities f) Working with the local source protection authority and local source protection committee to understand the Municipality's requirements under the source protection plan; g) Developing and /or modifying the Municipality's business processes in order to implement significant drinking water threat policies; h) Establishing processes for information sharing among municipalities and source protection authorities; i) Developing a reporting framework for the Municipality that aligns with the collection of data under section 65 of Ontario Regulation 287/07, made under the Clean Water Act, 2006; and j) Other activities the Municipality undertakes to fulfill its requirements to implement significant drinking water threat policies, including: SPMIF 1314_165 Amendment No. 1: Municipality of Kincardine 2 a. Establishing a mandatory septic re- inspection program for vulnerable areas delineated in approved assessment reports. (b) Section B.2 of Schedule "B" (Eligible Costs and Activities) is deleted in its entirety and replaced with the following: B.2 Ineligible Activities The following activities are not eligible for funding under the Agreement and the Municipality may not spend the Funds on the following: a) Refining the number of threats within the Municipality not pertaining to Part IV of the Clean Water Act, 2006; b) Threat refinement work already funded by the Province through source protection authorities; c) Activities that are already funded through another program, funding body, partners, or other means; d) Activities that are funded by the Source Protection Municipal Implementation Fund through another municipality; e) Fulfilment of the Municipality's responsibilities as a property owner undertaking activities identified as significant drinking water threats; f) Fulfilment of the Municipality's responsibilities under other legislation (e.g., Building Code), except as noted in section B.1(j)(a), including: a. Establishment of a septic re- inspection program for areas delineated through other legislation (i.e. Lake Simcoe Protection Act, 2008); b. Establishment of a discretionary septic re- inspection program for areas where an activity is not considered a significant drinking water threat under the source protection framework; and g) Activities not related to fulfilling the Municipality's requirements to implement significant drinking water threat policies specified in an approved or proposed source protection plan that has been submitted for approval. SPMIF 1314_165 Amendment No. 1: Municipality of Kincardine 3 (c) The chart in Schedule "D" (Reports) is deleted in its entirety and replaced with the following: Name of Report Due Date Collaboration Statement (if December 12, 2014 applicable) Progress Report 1 December 12, 2014 Progress Report 2 December 11, 2015 Final Report December 9, 2016 Other Reports as specified from On a date or dates specified by time to time the Province. 3. This Amendment No. 1 shall be in force from August 27, 2015 and shall have the same expiry or termination date as the Agreement. 4. All other terms and conditions of the Agreement shall remain in full force and effect unchanged and unmodified. 5. This Amendment No. 1 shall enure to the benefit of and be binding upon the Municipality and the Province and each of their administrators, permitted successors and permitted assigns, respectively. SPMIF 1314_165 Amendment No. 1: Municipality of Kincardine 4 6. This Amendment No. 1 may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF the parties have executed this Amendment No. 1 as of the date first written above. HER MAJESTY THE QUEEN in Right of Ontario as represented by the Minister of the Environment and Climate Change Name: Ling ark Title: Director Source Protection Programs Branch Pursuant to delegated authority. The Corporation of the Municipality of Kincardine 0 -e--A J A.-e-- Name: Anne Eadie Title: Mayor Name: Murray Clarke Title: Chief Administrative Officer We have authority to bind the Municipality. SPM1F 1314_165 Amendment No. 1: Municipality of Kincardine 5 Source Protection Grant Funding Agreement Reference to By-Law No. 2013 - 159 FYI - NOT PART OF BY-LAW NO. 2013-159 AMENDMENT NO. 2 — Original with By-law Linked to F13 — Grants General To a Grant Funding Agreement under the 2013-14 Source Protection Municipal Implementation Fund (SPMIF_1314_165) This amendment No. 2 made in duplicate as of the 6th day of July 2016 Between HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO As represented by the Minister of the Environment and Climate Change (the `Province') - and - Corporation of the Municipality of Kincardine The p y (the `Municipality) By-law No. 2013-159 — BEING A BY-LAW TO ENTER INTO AN AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT FOR THE SOURCE PROTECTION MUNICIPAL IMPLEMENTATION FUND Ministry of the Environment Ministere de I'Environnement et de and Climate Change ('Action en matiere de changement climatique Source Protection Programs Direction des programmes de protection Branch des sources Ontario • 14 Floor 14 etage 40 St. Clair Ave. West 40, avenue St. Clair Ouest Toronto ON M4V 1M2 Toronto (Ontario) M4V 1M2 August 19, 2016 Murray Clarke, CAO Municipality of Kincardine 1475 Concession 5, RR 5 Kincardine ON N2Z 2X6 Dear Murray Clarke, RE: Source Protection Municipal Implementation Fund — Flexibility Amendment We thank you for your municipality's interest in the Flexibility Amendment under the Source Protection Municipal Implementation Fund (SPMIF) grant funding agreement. We are pleased to notify you that the Ministry of the Environment and Climate Change has approved this request and the amendment to the Grant Funding Agreement has been signed. Enclosed please find the following document: • one (1) duly signed grant funding agreement amendment for your files Should you have any questions, please contact us at sourceprotectionfundinqontario.ca. Sincerely, Pat Kinch Manager (A), Source Protection Impiementat;io4 Source Protection Programs Branch Agenda Coundl 0 File No. 1 13 �lrCi'1}S Consent 0 Ger\ e_rCtt Encl. Direction Copied Other. CAO ❑ ❑ Clerk ❑ ❑/ ' re 4 Treasury ❑ ID Ey -4 aw Public Works ❑ ❑ 0 2.0/3-15 - I Building/Planning ISI ❑ Recreation ❑ ❑ Emergency Services ❑ ❑ Scanne Police Services ❑ ❑ TourismKComm.Serv. `RECEIVED SEP 0 3 2098 Other ❑ ❑ AMENDMENT NO. 2 to a Grant Funding Agreement under the 2013 -14 Source Protection Municipal Implementation Fund (SPMIF_1314_165) THIS AMENDMENT NO. 2 made in duplicate, as of the 6 day of July 2016, BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of the Environment and Climate Change (the "Province ") - and - The Corporation of the Municipality of Kincardine (the "Municipality ") WHEREAS the parties entered into a grant funding agreement under the Source Protection Municipal Implementation Fund dated as of December 13, 2013 for the Municipality to build municipal capacity to implement source protection plans and support sustainable, local actions to protect drinking water (the "Agreement "); AND WHEREAS the parties entered into Amendment No. 1 as of August 27, 2015 to include additional eligible activities, extend the term of the Agreement, add an additional report and include new timelines; AND WHEREAS pursuant to Section 20.2 of the Agreement, the parties may amend the agreement in writing; NOW THEREFORE in consideration of the contractual relationship between the Municipality and the Province referred to above and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, the Municipality and the Province hereby acknowledge, agree and undertake as follows: 1. Unless otherwise specified in this Amendment No. 2, capitalized words and phrases have their prescribed meaning as set out in the Agreement. SPMIF 1314 165 Amendment No. 2: Municipality of Kincardine 1 2. The Agreement is amended as follows: 2.1 The following definitions are added to Section 1.1, Definitions, in alphabetical order: "Lower Tier Municipalities" as defined by the Municipal Act, 2001 means a municipality that forms part of an upper -tier municipality for municipal purposes. Within regions, they are responsible for providing certain local services that are not provided by the regional municipality. Within counties, they are responsible for providing a wider range of local services since counties as upper -tier municipalities provide less local services than regions. "Ministry" means the Ontario Ministry of the Environment and Climate Change presided over by the Province. When "Ministry" is referred to in this Agreement, the reference is to the "Ministry" as the regulator. "RMI" means a risk management inspector appointed under Part IV of the Clean Water Act, 2006. "RMO" means a risk management official appointed under Part IV of the Clean Water Act, 2006. "SPMIF" means the Province's Source Protection Municipal Implementation Fund. "Upper Tier Municipality" as defined by the Municipal Act, 2001 means a municipality of which two or more lower -tier municipalities form part for municipal purposes 2.2 Section A.2.2 (Project Objectives) is deleted and replaced with the following: The objectives of the Project are for the Municipality to use the Funds to implement, or prepare to implement, one or more of the significant drinking water threat policies set out below in an approved source protection plan, or proposed source protection plan, that has been submitted to the Ministry for approval, provided that: i. The implementation of the policy is the responsibility of the Municipality; or ii. The implementation of the policy provides source protection implementation benefits to the Municipality, the Municipality's stakeholders, the Municipality's watershed, and /or the Municipality's Lower Tier Municipalities. Significant drinking water threat policies are limited to: (a) Policies for the purpose of Part IV of the Clean Water Act, 2006 to address significant drinking water threats ; SPMIF 1314_165 Amendment No. 2: Municipality of Kincardine 2 (b) Policies that govern Planning Act decisions to address significant drinking water threats; (c) Policies that establish education and outreach programs to address significant drinking water threats; or (d) Policies that specify other types of actions the Municipality is required to take to address significant drinking water threats. 2.3 Schedule "B" (Eligible Costs and Activities) is deleted in its entirety and replaced with the following: SCHEDULE "B" ELIGIBLE COSTS AND ACTIVITIES B.1 Eligible Activities The Municipality may only spend the Funds on the following eligible activities that are undertaken by the Municipality, or that are undertaken on the Municipality's behalf, between December 13, 2013 and March 5, 2017 that are directly related to the following: Risk management a) Establishing and enforcing risk management plans under Part IV of the Clean Water Act, 2006; b) Communication with landowners affected by policies pertaining to Part IV of the Clean Water Act, 2006; c) Refining the number of threats within the Municipality pertaining to Part IV of the Clean Water Act, 2006; Land use policies d) Implementing the Municipality's municipal land -use planning policies related to activities that are identified as significant drinking water threats; Education and outreach e) Implementing education and outreach policies to address significant drinking water threats, including: a. Installation of municipal road signs indicating areas of a wellhead protection area or an intake protection zone where significant threat policies apply; SPMIF 1314 165 Amendment No. 2: Municipality of Kincardine 3 Other activities f) Working with the local source protection authority and local source protection committee to understand the Municipality's requirements under the source protection plan; g) Developing and /or modifying the Municipality's business processes in order to implement significant drinking water threat policies; h) Establishing processes for information sharing among municipalities and source protection authorities; i) Developing a reporting framework for the Municipality that aligns with the collection of data under Section 65 of Ontario Regulation 287/07, made under the Clean Water Act, 2006; j) Other activities the Municipality undertakes to fulfill its requirements to implement significant drinking water threat policies, including: a. Establishing a mandatory septic re- inspection program for vulnerable areas delineated in approved assessment reports; and, b. Installation of road signs indicating areas of a wellhead protection area or an intake protection zone where significant threat policies apply. k) Activities identified in subsections B.1 (a) through (j) for another municipality with a current agreement under the SPMIF, provided that such activities: a. Will provide source protection implementation benefits to the Municipality, the Municipality's community (Upper Tier Municipality and /or Lower Tier Municipalities), and /or the Municipality's watershed; and b. Are not ineligible under the other municipality's own SPMIF agreement. B.2 Ineligible Activities The following activities are not eligible for funding under the Agreement and the Municipality may not spend the Funds on the following: a) Refining the number of threats within the Municipality not pertaining to Part IV of the Clean Water Act, 2006; b) Threat refinement work already funded by the Province through source protection authorities; c) Activities that are already funded through another program, funding body, partners, or other means; SPMIF 1314 165 Amendment No. 2: Municipality of Kincardine 4 d) Activities that are funded by the SPMIF through an agreement between the Province and another municipality; e) Fulfilment of the Municipality's responsibilities as a property owner undertaking activities identified as significant drinking water threats; f) Fulfilment of the Municipality's responsibilities under other legislation (e.g., Building Code), except as noted in Section B.1(j)(a), including; a. Establishment of a septic re- inspection program for areas delineated through other legislation (i.e. Lake Simcoe Protection Act, 2008); b. Establishment of a discretionary septic re- inspection program for areas where an activity is not considered a significant drinking water threat under the source protection framework; and, g) Activities not related to fulfilling the Municipality's requirements to implement significant drinking water threat policies specified in an approved source protection plan, or proposed source protection plan that has been submitted to the Ministry for approval. B.3 Eligible Costs The eligible costs listed below must be directly related to the source protection implementation activities outlined in Section B.1: a) Municipal staff salaries and benefits for time spent working on the Project (such as hiring or re- assigning Municipal staff to serve as RMOs and RMIs as specified under the Clean Water Act, 2006; or administrative support required to establish and /or maintain the Risk Management Office); b) Fees incurred for contracted professional services from professionals, technical personnel, consultants, and contractors for work on the Project (such as hiring a consultant to support the RMO in determining appropriate measures the Municipality should include in a risk management plan); c) Printing and distribution costs related to education and outreach programs and activities necessary to implement a source protection plan; d) Purchase and /or production costs of municipal road signs indicating areas of a wellhead protection area or an intake protection zone where significant threat policies apply; e) Transportation (including mileage), meals and accommodation for an appointed RMO /RMI to attend Ministry legislated RMO /RMI training; and, mileage for an appointed RMO /RMI to undertake negotiating risk management plans; a. The amount from the Funds used for transportation, meals and SPMIF 1314_165 Amendment No. 2: Municipality of Kincardine 5 accommodation must be calculated according to the rates in the Ontario Government's Travel, Meal and Hospitality Expenses Directive ( https: / /www.ontario.ca /document/travel -meal- and - hospitality- expenses directive) that is current as of the date that the expense is incurred; b. Transportation will be by the most practical and economical method; tickets (e.g. train, airplane) purchased must be for economy /coach class and when renting a vehicle, the Funds may only be used for a compact model or its equivalent unless approval for a different model is obtained from the Province prior to rental; c. Accommodation will be in a standard room; the Funds may not be used for hotel suites, executive floors or concierge levels. d. Meals refer to the provision of food or beverages, subject to the limitations below: i. The Municipality may only use the Funds for food and beverage if it is collecting and retaining itemized receipts that verify the expenditure. The Funds may not be used for: 1. non -meal food and beverages; 2. alcohol; or 3. meals when the travel period is less than 5 hours, calculated from the time the appointed RMO /RMI leaves their normal place of business (or reasonable alternative origin) to the time the RMO /RMI or returns to the normal place of business (or reasonable alternative destination); f) Equipment purchased for an appointed RMO /RMI to undertake negotiating risk management plans; a. Costs for equipment are limited to a maximum of 10% of the Municipality's Maximum Funds; b. Eligible equipment would include items listed in the Ministry of the Environment and Climate Change legislated RMO /RMI training (i.e. industrial personal property entry equipment and biosecurity protocol equipment) g) Training (registration fees for courses) for an appointed RMO /RMI, directly related to negotiating risk management plans (such as training on the Nutrient Management Act); a. Costs for training are limited to a maximum of 10% of the Municipality's Maximum Funds; and, h) Any other expense approved by the Province, for which the Province has provided Notice to the Municipality. For clarity, should the Municipality collaborate with one or more other municipalities to get a "bulk rate" for a similar expense, the bulk rate does not have to be allocated equally between all municipalities. However, the Municipality's share of the bulk rate cannot be any more than it would have paid for its own expense in the absence of a SPMIF 1314_165 Amendment No. 2: Municipality of Kincardine 6 bulk rate and the Municipality may be required by the Province to verify this cost. B.4 Ineligible Costs The following costs are not eligible for funding under the Agreement and the Municipality may not spend the Funds on the following: a) Travel, meals, accommodation and hospitality; a. Penalties incurred for non - cancellation of guaranteed hotel reservations; and b. Except as noted in Section B.3(e); b) Overhead (such as rent, utilities, human resources services, office supplies); c) Capital (such as vehicles, office furniture, computers, software licenses, etc.) and equipment; a. Except for municipal road signs indicating areas of a wellhead protection area or an intake protection zone where significant threat policies apply as noted in Section B.3(d); and b. Except for equipment as noted in Section B.3(f); d) Training (including staff and contracted professional services associated with training); a. Except as noted in Section B.3(g); e) Land expropriation or purchase; f) Incentives or compensation for property owners; and g) Costs for establishing risk management plans if costs have been or will be recovered from property owners. - END OF ELIGIBLE COSTS AND ACTIVITIES - SPMIF 1314 165 Amendment No. 2: Municipality of Kincardine 7 2.4 The chart in Schedule "D" (Reports) is deleted in its entirety and replaced with the following: Name of Report Due Date Collaboration Statement (if applicable) December 12, 2014 Progress Report 1 December 12, 2014 Progress Report 2 December 11, 2015 Progress Report 3 August 26, 2016 Final Report March 5, 2017 Other Reports as specified from time to time On a date or dates specified by the Province. 3. This Amendment No. 2 shall be in force from December 13, 2013 and shall have the same expiry or termination date as the Agreement. 4. All other terms and conditions of the Agreement and Amendment No. 1 shall remain in full force and effect unchanged and unmodified. 5. This Amendment No. 2 shall enure to the benefit of and be binding upon the Municipality and the Province and each of their administrators, permitted successors and permitted assigns, respectively. SPMIF 1314 165 Amendment No. 2: Municipality of Kincardine 8 6. This Amendment No. 2 may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. To evidence its execution of an original counterpart, a party may send a copy of its original signature on the execution page hereof to the other party by facsimile or other means of recorded electronic transmission (including in PDF) and such transmission with an acknowledgement of receipt shall constitute delivery of an executed copy of this Amendment. IN WITNESS WHEREOF the parties have executed this Amendment No. 2 as of the date first written above. HER MAJESTY THE QUEEN in Right of Ontario as represented by the Minister of the Environment and Climate Change Nam -: Heather Malcolmson Title: Director Source Protection Programs Branch Pursuant to delegated authority. The Corporation of the Municipality of Kincardine Name: Anne Eadie Title: Mayor Name: Murray Clarke Title: CAO We have authority to bind the Municipality. SPMIF 1314 165 Amendment No. 2: Municipality of Kincardine 9 Source Protection Grant Funding Agreement Reference to By-Law No. 2013 - 159 FYI - NOT PART OF BY-LAW NO. 2013-159 AMENDMENT NO. 3 — Original with By-law Linked to F11 — Grants General To a Grant Funding Agreement under the 2013-14 Source Protection Municipal Implementation Fund (SPMIF_I 314_I65) This amendment No. 3 made in duplicate as of the 15th day of March 2017 Between HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO As represented by the Minister of the Environment and Climate Change (the `Province') - and - The Corporation of the Municipality of Kincardine (the `Municipality) By-law No. 2013-159 — BEING A BY-LAW TO ENTER INTO AN AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT FOR THE SOURCE PROTECTION MUNICIPAL IMPLEMENTATION FUND AMENDMENT NO. 3 to a Grant Funding Agreement under the 2013-14 Source Protection Municipal Implementation Fund (SPMIF_1314_165) THIS AMENDMENT NO. 3 made in duplicate, as of the 15th day of March 2017, BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of the Environment and Climate Change (the "Province") - and - The Corporation of the Municipality of Kincardine (the "Municipality") WHEREAS the parties entered into a grant funding agreement under the Source Protection Municipal Implementation Fund dated as of December 13, 2013 for the Municipality to build municipal capacity to implement source protection plans and support sustainable, local actions to protect drinking water (the "Agreement"); AND WHEREAS the parties entered into Amendment No. 1 as of August 27, 2015 to extend the term of the Agreement, add an additional report and include new timelines; AND WHEREAS the parties entered into Amendment No. 2 as of July 6, 2016 to extend the term of the Agreement, add an additional report, include new timelines, and expand the scope of eligible activities; AND WHEREAS pursuant to Section 20.2 of the Agreement, the parties may amend the agreement in writing; NOW THEREFORE in consideration of the contractual relationship between the Municipality and the Province referred to above and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, the Municipality and the Province hereby acknowledge, agree and undertake as follows: 1. Unless otherwise specified in this Amendment No. 3, capitalized words and phrases have their prescribed meaning as set out in the Agreement. 2. The Agreement is amended as follows: 2.1 Section 2.1 is deleted in its entirety and replaced with the following: SPMIF 1314_165 Amendment No. 3:Municipality of Kincardine 1 2.1 The term of the Agreement shall commence on the Effective Date and shall expire on March 31, 2018 unless terminated earlier pursuant to Article 9. The Municipality shall, upon expiry or termination of the Agreement, return to the Province any Funds remaining in its possession or under its control. 2.2 The chart in Schedule "D" (Reports) is deleted in its entirety and replaced with the following: Name of Report Due Date Collaboration Statement (if applicable) December 12, 2014 Progress Report 1 December 12, 2014 Progress Report 2 December 11, 2015 Progress Report 3 August 26, 2016 Progress Report 4 August 25, 2017 Final Report December 8, 2017 Other Reports as specified from time to time On a date or dates specified by the Province. 2.3 The description in Schedule B Section B.1 Eligible Activities is hereby deleted and replaced with the following: The Municipality may only spend the Funds on the following eligible activities that are undertaken by the Municipality, or that are undertaken on the Municipality's behalf, between December 13, 2013 and December 4, 2017 that are directly related to the following: 3. This Amendment No. 3 shall be in force from December 13, 2013 and shall have the same expiry or termination date as the Agreement. 4. All other terms and conditions of the Agreement, Amendment No. 1 and Amendment No. 2 shall remain in full force and effect unchanged and unmodified. 5. This Amendment No. 3 shall enure to the benefit of and be binding upon the Municipality and the Province and each of their administrators, permitted successors and permitted assigns, respectively. SPMIF 1314_165 Amendment No. 3:Municipality of Kincardine 2 6. This Amendment No. 3 may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. To evidence its execution of an original counterpart, a party may send a copy of its original signature on the execution page hereof to the other party by facsimile or other means of recorded electronic transmission (including in PDF) and such transmission with an acknowledgement of receipt shall constitute delivery of an executed copy of this Amendment. IN WITNESS WHEREOF the parties have executed this Amendment No. 3 as of the date first written above. HER MAJESTY THE QUEEN in Right of Ontario as represented by the Minister of the Environment and Climate Change j/�--- Co& .. Name: Heather Malcolmson Title: Director Source Protection Programs Branch Pursuant to delegated authority. The Corporation of the Municipality of Kincardine /, _4 - -' Name: •nne Eadie Title: Mayor Name: Murray Clarke Title: CAO We have authority to bind the Municipality. SPMIF 1314_165 Amendment No. 3:Municipality of Kincardine 3 Source Protection Grant Funding Agreement Reference to By-Law No. 2013 - 159 FYI - NOT PART OF BY-LAW NO. 2013-159 AMENDMENT NO. 4 — Original with By-law Linked to F11 — Grants General To a Grant Funding Agreement under the 2013-14 Source Protection Municipal Implementation Fund (SPMIF_1314_I 65) This amendment No. 4 made in duplicate as of the 29th day of March 2018 Between HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO As represented by the Minister of the Environment and Climate Change (the `Province') - and - The Corporation of the Municipality of Kincardine (the `Municipality) By-law No. 2013-159 — BEING A BY-LAW TO ENTER INTO AN AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT FOR THE SOURCE PROTECTION MUNICIPAL IMPLEMENTATION FUND AMENDMENT NO. 4 to a Grant Funding Agreement under the 2013-14 Source Protection Municipal Implementation Fund (SPMIF_1314_I65) THIS AMENDMENT NO. 4 made in duplicate, as of the 29th day of March 2018, BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of the Environment and Climate Change (the "Province") - and - The Corporation of the Municipality of Kincardine (the "Municipality") WHEREAS the parties entered into a grant funding agreement under the Source Protection Municipal Implementation Fund dated as of December 13, 2013 for the Municipality to build municipal capacity to implement source protection plans and support sustainable, local actions to protect drinking water (the "Agreement"); AND WHEREAS the parties entered into Amendment No. 1 as of August 27, 2015 to extend the term of the Agreement, add an additional report and include new timelines; AND WHEREAS the parties entered into Amendment No. 2 as of July 6, 2016 to extend the term of the Agreement, add an additional report, include new timelines, and expand the scope of eligible activities; AND WHEREAS the parties entered into Amendment No. 3 as of March 15, 2017 to extend the term of the Agreement, add an additional report, and include new timelines; AND WHEREAS pursuant to Section 20.2 of the Agreement, the parties may amend the agreement in writing; NOW THEREFORE in consideration of the contractual relationship between the Municipality and the Province referred to above and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, the Municipality and the Province hereby acknowledge, agree and undertake as follows: 1. Unless otherwise specified in this Amendment No. 4, capitalized words and phrases have their prescribed meaning as set out in the Agreement. SPMIF 1314_165 Amendment No. 4:Municipality of Kincardine 1 2. The Agreement is amended as follows: 2.1 The definition of"Maximum Funds" in Section 1.1 is deleted and replaced with the following: "Maximum Funds" means a total amount of up to $73,168 which consists of $58,168 together with up to $15,000 collaboration incentive funding (if applicable) as determined by the Province pursuant to section 3.1(a). 2.2 Section 2.1 is deleted in its entirety and replaced with the following: 2.1 The term of the Agreement shall commence on the Effective Date and shall expire 90 days after the final report due date in Schedule "D" unless terminated earlier pursuant to Article 9. The Municipality shall, upon expiry or termination of the Agreement, return to the Province any Funds remaining in its possession or under its control. 2.3 The first paragraph in Section B.1 (Eligible Activities) as amended by Amendment No. 3 is again deleted and replaced with the following: The Municipality may only spend the Funds on the following eligible activities that are undertaken by the Municipality, or that are undertaken on the Municipality's behalf, between December 13, 2013 and December 31, 2018 that are directly related to the following: 2.4 The chart in Schedule "C" (Payment) is deleted in its entirety and replaced with the following: MILESTONE AMOUNT Following Province execution of Agreement $32,363 Following Province approval of progress $0 report 1 as indicated in Schedule D (if applicable) Following Province approval of collaboration Up to $15,000 as determined by statement as indicated in Schedule D (if the Province (see Schedule "A," applicable) section A.3) Following Province approval of progress $20,137 report 5 as indicated in Schedule D (if applicable) Following Province approval of final report as $5,668 indicated in Schedule D SPMIF 1314_165 Amendment No. 4:Municipality of Kincardine 2 2.5 The chart in Schedule "D" (Reports), as amended by Amendment No. 3 is deleted in its entirety and replaced with the following: Name of Report Due Date Collaboration Statement (if applicable) December 12, 2014 Progress Report 1 December 12, 2014 Progress Report 2 December 11, 2015 Progress Report 3 August 26, 2016 Progress Report 4 August 25, 2017 Progress Report 5 December 8, 2017 Progress Report 6 October 31, 2018 Final Report January 31, 2019 Other Reports as specified from time to time On a date or dates specified by the Province. 3. This Amendment No. 4 shall be in force from December 13, 2013 and shall have the same expiry or termination date as the Agreement. 4. All other terms and conditions of the Agreement and Amendment No. 1, Amendment No. 2, and Amendment No. 3 shall remain in full force and effect unchanged and unmodified. 5. This Amendment No. 4 shall enure to the benefit of and be binding upon the Municipality and the Province and each of their administrators, permitted successors and permitted assigns, respectively. SPMIF 1314 165 Amendment No. 4:Municipality of Kincardine 3 6. This Amendment No. 4 may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. To evidence its execution of an original counterpart, a party may send a copy of its original signature on the execution page hereof to the other party by facsimile or other means of recorded electronic transmission (including in PDF) and such transmission with an acknowledgement of receipt shall constitute delivery of an executed copy of this Amendment. IN WITNESS WHEREOF the parties have executed this Amendment No. 4 as of the date first written above. HER MAJESTY THE QUEEN in Right of Ontario as represented by the Minister of the Environment and Climate Change Name: Heather Malcolmson Title: Director Source Protection Programs Branch Pursuant to delegated authority. The Corporation of the Municipality of Kincardine 2 )/ Name: nne Eadie Title: Mayor �_i Name: Sharon Ch. bers Title: CAO We have authority to bind the Municipality. SPMIF 1314_165 Amendment No. 4:Municipality of Kincardine 4