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HomeMy WebLinkAbout17 104 1,000 Officers Partnership Program Agreement (2017) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE • I 4: ti womlltt OF K1N�a0 BY-LAW NO. 2017 - 104 BEING A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE MUNICIPALITY OF KINCARDINE AND HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES IN REGARDS TO THE SAFER COMMUNITIES - 1000 OFFICERS PARTNERSHIP PROGRAM WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c.25 as amended, • Section 8 (1) and 9 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 Council of The Corporation of the Municipality of Kincardine deems it advisable to enter into an agreement with the Minister of Community Safety and Correctional Services for the purpose of maintaining the increased number of sworn officers of the OPP South Bruce (Kincardine) for enhanced police visibility; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the agreement between the Municipality of Kincardine and the Minister of Community Safety and Correctional Services, for the purposes of maintaining the increased number of sworn officers of the OPP South Bruce • (Kincardine) for enhanced police visibility, be hereby renewed. 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute, on behalf of the Council of The Corporation of the Municipality of Kincardine, any and all documents required to renew the agreement with the Ministry of Community and Correctional Services attached hereto as Schedule "A". 3. This by-law shall come into full force and effect upon its final passage. 4. This By-law may be cited as the "1000 Officers Partnership Program Agreement (2017) By-law". READ a FIRST and SECOND TIME this 2nd day of August, 2017. READ a THIRD TIME and FINALLY PASSED this 2nd day of August, 2017. 1111 Mayor Clerk This is Schedule "A."to By-Law No.a0I-HQ`tpassed the 2 day of nua 14 20 ONTARIOTRANSFER PAYMENT AGREEMENT THE AGREEMENT is effective as of the 1st day of April, 2017 BETWEEN : Her Majesty the Queen in right of Ontario as represented by the Minister of Community Safety and Correctional Services (the "Province") -and - Municipality of Kincardine (the "Recipient") - and - Kincardine Police Services Board (the "Board") BACKGROUND A. In 2003, the Province established the Safer Communities— 1,000 Officers Partnership (1,000 Officers) Program (the "Program") as part of the government's commitment to make Ontario communities safer by enhancing police visibility. B. The Province wishes to continue to fund the activities of the Board by providing funds to the Recipient for the purposes of supporting its contribution to the Board's budget to maintain the increased number of sworn officers for enhanced police visibility. CONSIDERATION In consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 This Agreement, including: Schedule "A" - General Terms and Conditions Schedule "B" - Project Specific Information and Additional Provisions 1 Schedule "C" - Project Description Schedule "D" - Budget Schedule "E" - Payment Plan Schedule "F" - Reports, and any amending agreement entered into as provided for below, 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. 2.0 AMENDING THE AGREEMENT 2.1 The Agreement may only be amended by a written agreement duly executed by the Parties. 3.0 ACKNOWLEDGEMENT 3.1 The Recipient acknowledges that: (a) by receiving Funds it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the Broader Public Sector Accountability Act, 2010 (Ontario), the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor General Act(Ontario); (b) Her Majesty the Queen in right of Ontario has issued expenses, perquisites, and procurement directives and guidelines pursuant to the Broader Public Sector Accountability Act, 2010 (Ontario); (c) the Funds are: (i) to assist the Recipient to carry out the Project and not to provide goods or services to the Province; (ii) funding for the purposes of the Public Sector Salary Disclosure Act, 1996 (Ontario); (d) the Province is not responsible for carrying out the Project; and (e) the Province is bound by the Freedom of Information and Protection of Privacy Act(Ontario) and that any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. - SIGNATURE PAGE FOLLOWS— 2 V The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Community Safety and Correctional Services Date JUN 2 8 2017 Name: Oscar Mosqu- - Title: Manager, Program Bev +pment Section Municipality of Kincardine '7 Date Name: M,yr,f..+ Clv,1c. Title: CA0 I have authority to bind the Recipient. Ki , ...rdine P•lice Services Board -asur Date Rp' �wva N aiy�t I have authority to bind the Board. Rkq 1 11- e Octte Ncirne fence eoc6 i e here 9FeVher -k-c) h\nd the PeCkper4- _nut 2. I ( rY1� hQYo n C Ire, aml�je r Na � T\-4e: cA 0 C e-ti oc,'. ,,70\( Lt, 3c } r- Lte oQA- c t-ky b\ Vhe P ‘perl SCHEDULE "A" GENERAL TERMS AND CONDITIONS A1.0 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; and (e) "include", "includes" and "including" denote that the subsequent list is not exhaustive. A1.2 Definitions. In the Agreement, the following terms will have the following meanings: "Additional Provisions" means the terms and conditions referred to in section A9.1 and as specified in Schedule "B". "Agreement" means this agreement entered into between the Province, the Recipient and the Board and includes all of the schedules listed in section 1.1 and any amending agreement entered into pursuant to section 3.1. "Budget" means the budget attached to the Agreement as Schedule "D". "Business Day" means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year's Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. "Effective Date" means the date set out at the top of the Agreement. "Event of Default" has the meaning ascribed to it in section A14.1. "Expiry Date" means the date on which the Agreement will expire and is the date provided for in Schedule "B". "Funding Year" means: (a) in the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31; and 4 (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31. "Funds" means the money the Province provides to the Recipient pursuant to the Agreement. "Indemnified Parties" means Her Majesty the Queen in right of Ontario, Her ministers, agents, appointees, and employees. "Maximum Funds" means the maximum amount the Province will provide the Recipient under the Agreement as provided for in Schedule "B". "Notice" means any communication given or required to be given pursuant to the Agreement. "Notice Period" means the period of time within which the Recipient is required to remedy an Event of Default pursuant to section 14.3(b), and includes any such period or periods of time by which the Province extends that time in accordance with section A14.4. "Parties" means the Province, the Recipient and the Board. "Party" means either the Province, the Recipient or the Board. "Project" means the undertaking described in Schedule "C". "Reports" means the reports described in Schedule "F". A2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS A2.1 General. The Recipient and the Board each represents, warrants, and covenants that: (a) it is, and will continue to be, a validly existing legal entity with full power to fulfill its obligations under the Agreement; (b) it has, and will continue to have, the experience and expertise necessary to carry out the Project; 5 (c) it is in compliance with, and will continue to comply 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, the Funds, or both; and (d) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete A2.2 Execution of Agreement. The Recipient and the Board each represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement. A2.3 Governance. The Recipient and the Board each represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a) a code of conduct and ethical responsibilities for all persons at all levels of the Recipient's or the Board's organization; (b) procedures to enable the Recipient's or the Board's ongoing effective functioning; (c) decision-making mechanisms for the Recipient or the Board; (d) procedures to enable the Recipient or the Board to manage Funds prudently and effectively; (e) procedures to enable the Recipient or the Board to complete the Project successfully; (f) procedures to enable the Recipient or the Board to identify risks to the completion of the Project and strategies to address the identified risks, all in a timely manner; (g) procedures to enable the preparation and submission of all Reports required pursuant to Article A7.0; and (h) procedures to enable the Recipient or the Board to address such other matters as the Recipient or the Board considers necessary to enable the Recipient or the Board to carry out its obligations under the Agreement. A2.4 Supporting Proof. Upon the request of the Province, the Recipient, the Board or both of them will provide the Province with proof of the matters referred to in this Article A2.0. 6 A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article Al2.0, Article A13.0, or Article A14.0. A4.0 FUNDS AND CARRYING OUT THE PROJECT A4.1 Funds Provided. The Province will: (a) provide the Recipient up to the Maximum Funds for the purpose of carrying out the Project; (b) provide the Funds to the Recipient in accordance with the Payment Plan attached to the Agreement as Schedule "E"; and (c) deposit the Funds into an account designated by the Recipient provided that the account: (i) resides at a Canadian financial institution; and (ii) is in the name of the Recipient. A4.2 Limitation on Payment of Funds. Despite section A4.1: (a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof as the Province may request pursuant to section A11.2; (b) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project; (c) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province's assessment of the information the Recipient provides to the Province pursuant to section A7.1; and (d) if, pursuant to 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 Funds and, in consultation with the Recipient, change the Project; or (ii) terminate the Agreement pursuant to section A13.1. A4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the 7 following: (a) carry out the Project; (b) use the Funds only for the purpose of carrying out the Project; (c) spend the Funds only in accordance with the Budget; (d) not use the Funds to cover any cost that has or will be funded or reimbursed by one or more of any third party, ministry, agency, or organization of the Government of Ontario. A4.4 Interest Bearing Account. If the Province provides Funds before the Recipient's immediate need for the Funds, the Recipient will place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. A4.5 Interest. If the Recipient earns any interest on the Funds, the Province may: (a) deduct an amount equal to the interest from any further instalments of Funds; or (b) demand from the Recipient the repayment of an amount equal to the interest. A4.6 Maximum Funds. The Recipient acknowledges that the Funds available to it pursuant to the Agreement will not exceed the Maximum Funds. A4.7 Rebates, Credits, and Refunds. The Recipient acknowledges that the amount of Funds available to it pursuant to the Agreement is based on the actual costs to the Recipient to carry out the Project, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund. A5.0 RECIPIENTS ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS A5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will: (a) do so through a process that promotes the best value for money; and (b) comply with the Broader Public Sector Accountability Act2010 (Ontario), including any procurement directive issued thereunder, to the extent applicable. A5.2 Disposal. The Recipient will not, without the Province's prior written consent, sell, lease, or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the 8 amount as provided for in Schedule "B" at the time of purchase. A6.0 CONFLICT OF INTEREST. A6.1 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential, or perceived conflict of interest. A6.2 Conflict of Interest Includes. For the purposes of this Article, a conflict of interest includes any circumstances where: (a) the Recipient; or (b) any person who has the capacity to influence the Recipient's decisions, has outside commitments, relationships, or financial interests that could, or could be seen to, interfere with the Recipient's objective, unbiased, and impartial judgment relating to the Project, the use of the Funds, or both. A6.3 Disclosure to Province. The Recipient will: (a) disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential, or perceived conflict of interest; and (b) comply with any terms and conditions that the Province may prescribe as a result of the disclosure. A7.0 REPORTS, ACCOUNTING, AND REVIEW A7.1 Preparation and Submission. The Recipient and the Board, as applicable will: (a) submit to the Province at the address referred to in section A18.1, all Reports in accordance with Schedule "F", or in a form as specified by the Province from time to time; (b) submit to the Province at the address referred to in section A18.1, any other reports as may be requested by the Province in accordance with the timelines and content requirements specified by the Province; (c) ensure that all Reports and other reports are completed to the satisfaction of the Province; and (d) ensure that all Reports and other reports are signed on behalf of the entity submitting the report by an authorized signing officer. A7.2 Record Maintenance. The Recipient and the Board will keep and maintain: (a) all financial records (including invoices) relating to the Funds or otherwise to the Project in a manner consistent with generally accepted 9 accounting principles; and (b) all non-financial documents and records relating to the Funds or otherwise to the Project. A7.3 Inspection. The Province, any authorized representative, or any independent auditor identified by the Province may, at the Province's expense, upon twenty- four hours' Notice to the Recipient or the Board and during normal business hours, enter upon the Recipient's or the Board's premises to review the progress of the Project and the Recipient's and the Board's allocation and expenditure of the Funds and, for these purposes, the Province, any authorized representative, or any independent auditor identified by the Province may take one or more of the following actions: (a) inspect and copy the records and documents referred to in section A7.2; (b) remove any copies made pursuant to section A7.3(a) from the Recipient's premises; and (c) conduct an audit or investigation of the Recipient or the Board in respect of the expenditure of the Funds, the Project, or both. A7.4 Disclosure. To assist in respect of the rights provided for in section A7.3, the Recipient will disclose any information requested by the Province, any authorized representatives, or any independent auditor identified by the Province, and will do so in the form requested by the Province, any authorized representative, or any independent auditor identified by the Province, as the case may be. A7.5 No Control of Records. No provision of the Agreement will be construed so as to give the Province any control whatsoever over the Recipient's records. A7.6 Auditor General. For greater certainty, the Province's rights under this Article are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Auditor General Act(Ontario). A8.0 COMMUNICATIONS REQUIREMENTS A8.1 Acknowledge Support. Unless otherwise directed by the Province, the Recipient and the Board will: (a) acknowledge the support of the Province for the Project; and (b) ensure that the acknowledgement referred to in section A8.1(a) is in a form and manner as directed by the Province. A8.2 Publication. The Recipient and the Board will indicate, in any of its Project- related publications, whether written, oral, or visual, that the views expressed in 10 the publication are the views of the Recipient and do not necessarily reflect those of the Province. A8.3 Prior Written Approval. The Recipient and the Board agree to obtain prior written approval from the Province before using any Government of Ontario or ministry logo or symbol in any communications including press releases, published reports, radio and television programs and public or private meetings, or in any other type of promotional material, relating to the Project or this Agreement. A9.0 FURTHER CONDITIONS A9.1 Additional Provisions. The Recipient and the Board will comply with any Additional Provisions. In the event of a conflict or inconsistency between any of the requirements of the Additional Provisions and any requirements of this Schedule "A", the Additional Provisions will prevail. A10.0 INDEMNITY A10.1 Indemnification. The Recipient and the Board each hereby agrees to indemnify and hold harmless the Indemnified Parties from and against any and all liability, loss, costs, damages, and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits, or other proceedings, 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 Indemnified Parties. A10.2 Recipient's Participation. The Recipient will, at its expense, to the extent requested by the Province, participate in or conduct the defence of any proceeding against any Indemnified Parties and any negotiations for their settlement. A10.3 Province's Election. The Province may elect to participate in or conduct the defence of any proceeding by providing Notice to the Recipient of such election without prejudice to any other rights or remedies of the Province under the Agreement, at law, or in equity. Each Party participating in the defence will do so by actively participating with the other's counsel. A10.4 Settlement Authority. The Recipient and the Board will not enter into a settlement of any proceeding against any Indemnified Parties unless the Recipient and the Board have obtained the prior written approval of the Province. If the Recipient and the Board is requested by the Province to participate in or conduct the defence of any proceeding, the Province will co- operate with and assist the Recipient and the Board to the fullest extent possible in the proceeding and any related settlement negotiations. A10.5 Recipient's Co-operation. If the Province conducts the defence of any proceedings, the Recipient will co-operate with and assist the Province to the fullest extent possible in the proceedings and any related settlement negotiations 11 A11.0 INSURANCE A11.1 Recipient's Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain, 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 less than the amount provided for in Schedule "B" per occurrence. The policy will include the following: (a) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient'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. A11.2 Proof of Insurance. The Recipient will: (a) provide to the Province, either: (i) certificates of insurance that confirm the insurance coverage as provided for in section A11.1; or (ii) other proof that confirms the insurance coverage as provided for in section A11.1; and (b) upon the request of the Province, provide to the Province a copy of any insurance policy. Al2.0 TERMINATION ON NOTICE Al2.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving at least 30 days' Notice to the both the Recipient and the Board. Al2.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section Al2.1, the Province may take one or more of the following actions: (a) cancel all further instalments of Funds; (b) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and 12 (c) determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i) permit the Recipient to offset such costs against the amount the Recipient owes pursuant to section Al2.2(b); and (ii) subject to section A4.7, provide Funds to the Recipient to cover such costs. A13.0 TERMINATION WHERE NO APPROPRIATION A13.1 Termination Where No Appropriation. If, as provided for in section A4.2(d), the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to the Agreement, the Province may terminate the Agreement immediately without liability, penalty, or costs by giving Notice to the Recipient. A13.2 Consequences of Termination Where No Appropriation. If the Province terminates the Agreement pursuant to section A13.1, the Province may take one or more of the following actions: (a) cancel all further instalments of Funds; (b) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the Project and permit the Recipient to offset such costs against the amount owing pursuant to section A13.2(b). A13.3 No Additional Funds. For greater clarity, if the costs determined pursuant to section A13.2(c) exceed the Funds remaining in the possession or under the control of the Recipient, the Province will not provide additional Funds to the Recipient. A14.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A14.1 Events of Default. Each of the following events will constitute an Event of Default: (a) in the opinion of the Province, the Recipient or the Board breaches any representation, warranty, covenant, or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; 13 (ii) use or spend Funds; or (iii) provide, in accordance with section A7.1, Reports or such other reports as may have been requested pursuant to section A7.1(b); (b) the Recipient's or the Board's operations, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements of the program under which the Province provides the Funds; (c) the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application for an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; or (d) the Recipient or the Board ceases to operate. A14.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; (e) cancel all further instalments of Funds; (f) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; (g) demand the repayment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand the repayment of an amount equal to any Funds the Province provided to the Recipient; and (i) terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. A14.3 Opportunity to Remedy. If, in accordance with section A14.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will provide Notice to the Recipient of: 14 (a) the particulars of the Event of Default; and (b) the Notice Period. A14.4 Recipient not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to section A14.2(b), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections A14.2(a), (c), (d), (e), (f), (g), (h), and (i). A14.5 When Termination Effective. Termination under this Article will take effect as provided for in the Notice. A15.0 FUNDS AT THE END OF A FUNDING YEAR A15.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article A14.0, if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a) demand the return of the unspent Funds; and (b) adjust the amount of any further instalments of Funds accordingly. A16.0 FUNDS UPON EXPIRY A16.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, return to the Province any Funds remaining in its possession or under its control. A17.0 REPAYMENT A17.1 Repayment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay an amount equal to the excess Funds to the Province. 15 A17.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands the payment of any Funds or an amount equal to any Funds from the Recipient; or (b) the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not their return or repayment has been demanded by the Province, such Funds or other amount will be deemed to be a debt due and owing to the Province by the Recipient, and the Recipient will pay or return the amount to the Province immediately, unless the Province directs otherwise. A17.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. A17.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the "Ontario Minister of Finance" and delivered to the Province as provided for in Schedule "B". A17.5 Fails to Repay. Without limiting the application of section 43 of the Financial Administration Act(Ontario), if the Recipient fails to repay any amount owing under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario. A18.0 NOTICE A18.1 Notice in Writing and Addressed. Notice will be in writing and will be delivered by email, postage-prepaid mail, personal delivery, or fax, and will be addressed to the Province and the Recipient respectively as provided for Schedule "B", or as either Party later designates to the other by Notice. A18.2 Notice Given. Notice will be deemed to have been given: (a) in the case of postage-prepaid mail, five Business Days after the Notice is mailed; or (b) in the case of email, personal delivery, or fax, one Business Day after the Notice is delivered. A18.3 Postal Disruption. Despite section A18.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be received; and (b) the Party giving Notice will provide Notice by email, personal delivery, or 16 fax. A19.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A19.1 Consent. When the Province provides its consent pursuant to the Agreement, it may impose any terms and conditions on such consent and the Recipient will comply with such terms and conditions. A20.0 SEVERABILITY OF PROVISIONS A20.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. Any invalid or unenforceable provision will be deemed to be severed. A21.0 WAIVER A21.1 Waivers in Writing. 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 A18.0. Any waiver must refer to a specific failure to comply and will not have the effect of waiving any subsequent failures to comply. A22.0 INDEPENDENT PARTIES A22.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any actions that could establish or imply such a relationship. A23.0 ASSIGNMENT OF AGREEMENT OR FUNDS A23.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A23.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on the Parties' respective heirs, executors, administrators, successors, and permitted assigns. A24.0 GOVERNING LAW A24.1 Governing Law. The Agreement and the rights, obligations, and relations of the Parties will 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 will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A25.0 FURTHER ASSURANCES 17 A25.1 Agreement into Effect. The Recipient and the Board will provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains, and will otherwise do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. A26.0 JOINT AND SEVERAL LIABILITY A26.1 Joint and Several Liability. Where the Recipient is comprised of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. A27.0 RIGHTS AND REMEDIES CUMULATIVE A27.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. A28.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A28.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition, or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (a "Failure"); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. A29.0 SURVIVAL A29.1 Survival. The following Articles and sections, and all applicable cross- referenced sections and schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0, Article 2.0, Article A1.0 and any other applicable definitions, sections A4.2(d), A4.5, section A5.2, section A7.1 (to the extent that the Board has not provided the Reports or other reports as may have been requested to the satisfaction of the Province), sections A7.2, A7.3, A7.4, A7.5, A7.6, Article A8.0, Article A10.0, sections Al2.2, sections A13.2, A13.3, sections A14.1, A14.2(d), (e), (f), (g) and (h), Article A16.0, Article A17.0, Article A18.0, Article 18 A20.0, section A23.2, Article A24.0, Article A26.0, Article A27.0, Article A28.0 and Article A29.0. - END OF GENERAL TERMS AND CONDITIONS - 19 l SCHEDULE "B" PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS Maximum Funds $35,000.00 Expiry;Dater - March 31, 2018 Amo forthe purposes $5,000 (five thousand dollars) of.sec ion A5.2 (D sposalP) of Schedule "A" Insurance $5,000,000 (five million dollars) Contact information for the purposes of'Notice to Name: Program Development Section, the Province External Relations Branch Ministryof Community Safety and Correctional Services Address: 25 Grosvernor Street, 12th Floor, Toronto, ON, M7A 2H4 '-'1 ' 4;1;4 , Attention: James Y. Lee Tel: 416-325-6039 Email: james.y.lee@ontario.ca Contact information for the purposes of Notice_to Name: Municipality of Kincardine the Recipient , Address: 1475 Concession 5„ Kincardine ON N2Z 2X6 :. Attention: Mr. Anne Eadie Tel: Email: mayor©kincardine.net Contact information fora ,s the senior financial person Name: Murray Clarke in the Recipient org63 anization {e.g= CFO, Position: Cheif Administrative Officer/Director of Public CAO)= to respond • as Works required to requests from the Province related to the Tel: Agreement ---;',-s.\ Email: coo@kincardine.net 20 Contact information for the purposes of Notice to 4 Name: Kincardine Police Services Board the Board Address: 1475 Concession Road #5, Kincardine ON N2Z 2X6 Attention: Ms. Laura Haight Tel: ,, Email• Canada Revenue Agency Business Number of the €? IR 3t-- Recipient C Recipient Additional Provisions: None 21 SCHEDULE "C" PROJECT DESCRIPTION C.1 BACKGROUND • When the 1,000 Officers Program was established, approximately 500 officers were allocated to community policing duties and 500 to the six high priority areas of youth crime, guns and gangs, organized crime and marijuana grow ops, dangerous offenders, domestic violence and protecting children from internet luring. • Of these officers, 60 were allocated to Northern and First Nations police services that are eligible to receive up to $70,000/officer/year. For the remaining officers funded under the program, municipalities (including municipal police services and OPP municipal contract locations) are eligible to receive up to $35,000/officer/year. The $70,000 and $35,000 include a maximum overtime payment of$5,000/officer. • Salary-related costs are eligible for funding, but training and equipment costs are not. 22 SCHEDULE "D" BUDGET E.1 MAXIMUM FUNDS The Maximum Funds to be provided by the Province to the Recipient under this Agreement is set out in Schedule B. E.2 ALLOCATION 1. The Province will provide the Funds in accordance with the Project, under the terms of which the Board will maintain visible front-line and/or targeted areas/court efficiencies policing activities ("1,000 Officers Activities") as outlined in the original grant application. 2. The Funds shall be used by the Board and the Recipient solely for the purposes of maintaining the increased complement of front-line, uniformed police officers and for no other purposes. The Funds shall not be used for purposes related to maintaining the existing complement of front-line police officers, as defined by the October 23, 2003 Benchmark, due to the assignment of front-line police officers to non-1,000 Officers Activities. October 23, 2003 Benchmark 3. The Project will continue to share the cost of increases to the actual total number of sworn officers above the October 23, 2003 figures submitted to Statistics Canada. The purpose of this benchmark is to ensure that the Province is not paying the salaries of new officers hired to replace officers who have resigned, retired or been terminated. In addition, the Project will not cover civilianization or the hiring of existing officers who increase the complement due to amalgamations. Officers funded through the Program must increase the complement above the combined complement of the amalgamated police service. E.3 USE OF THE FUNDS 4. The Funds shall be used only to pay the costs of salaries, overtime and payroll benefits to a maximum of$70,000 per officer per year for the 60 officers allocated to Northern and First Nations police services, and half of the costs of salaries, overtime and payroll benefits to a maximum of $35,000.00 per officer per year for the remaining 940 officers hired under the 1,000 Officers Program who are engaged in full time 1,000 Officers Activities. The Province's share of overtime will not exceed $5,000.00 per officer. 23 SCHEDULE "E" PAYMENT PLAN E.1 PAYMENT SCHEDULE A. The Province will reimburse the Recipient semi-annually subject to the Province receiving and approving the interim and final 1,000 Officers Program reports. Overtime will be paid annually after the 1,000 Officers Program Final Report, in the form provided in Schedule "F", is received and approved by the Province. B. The Recipient and/or the Board may be required to provide such further or additional information as the Province, acting reasonably, deems appropriate in approving the 1,000 Officers Program interim and final reports. C. Approval of the interim and final reports is at the sole discretion of the Province. 24 SCHEDULE "F" REPORTS F.1 REPORTS AND DEADLINES 1. The Board is required to report on the allocation of officers under the 1,000 Officers Program and how the Funds were used for the purposes set out in Schedule "D" through an Interim and Final Report explained further below. While the Recipient would not be required to submit a separate report, the Recipient's requirement is for the receipt and use of the Funds toward the Board budget. 2. The Board shall, by October 6th 2017, submit the CPP Program Interim Report, in the form provided in Schedule "F". The Interim Report shall include the following information: (a) update/confirm if all the information in the contact page is up-to-date; and (b) update/confirm the number of sworn officer(s) to date. (c) name of existing front-line police officer(s), overtime rate, total overtime hours (actual), overtime requested. 3. The Board shall, by March 2nd 2018, submit the CPP Program Final Report, in the form provided in Schedule "F". The Final Report shall include the following information: (a) update/confirm if all the information in the contact page is up-to-date; (b) update/confirm the number of sworn officer(s) to date; and (c) name of existing front-line police officer(s), overtime rate, total overtime hours (actual), overtime requested. 25 de9 FRANK COWAN N-- COMPANY 75 Main Street North,Princeton,ON NOJ*IVO Phone: 800-265-4000 Fax: 519-458-4366 CERTIFICATE OF INSURANCE , .. .. . This certificate is issued as a matter of information only and confers no rights upon the certificate holder and imposes no liability on the insurer. This certificate does not amend,extend or alter the coverage afforded by the policies below. INSURED'S FULL NAME AND MAILING ADDRESS a Supplethertary Schedule BROKER'S FULL NAME AND MAILING ADDRESS . . ... CORPORATION OF THE MUNICIPALITY OF KINCARDINE Miller Insurance Brokers Inc. 1475 CONCESSION 5,R.R.#5 1115 Sutton Street KINCARDINE,ON N2Z 2X6 Kincardine,ON N2Z 2C5 COVERAGES This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain.The insurance afforded by the policies described herein is subject to all terms,exclusions and conditions of such policies. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE OF•, '4,?' ':.'"' ' ='-'N', INSURANCEtONIPANy ",'- ' '' : " ''' j',' ', UNIITS,OF LIABILITY ',"' ,- . INSURANCE :' -' • -•,,,, EFFECTIVE DATE EXPIRY DATE , , ,., _., - '--,.- ,'-' - ,L,' ', - ANOPOUCY NUMBER - ' ,,,,c• . ',A,„'. - -, kanid:41.!0°Hais:unlessindietnd(168Pmse) BODILY INJURY&PROPERTY DAMAGE MUNICIPAL GENERAL LIABILITY Subscribing Companies as Identified in EACH OCCURRENCE $5,000,000 0 CLAIMS MADE or 0 OCCURRENCE CP81186 April 1,2017 April 1,2018 GENERAL AGGREGATE r—ffi PRODUCTS AND/OR COMPLETED OPERATIONS PRODUCTS-COMPLETED/OPERATIONS AGG 0 EMPLOYERS LIABILITY PERSONAL INJURY INCLUDED 0 PERSONAL INJURY MEDICAL PAYMENTS(Any One Person) — Ej TENANTS LEGAL LIABILITY TENANTS LEGAL LIABILITY INCLUDED 0 NON-OWNED AUTO 0 HIRED AUTOMOBILES NON-OWNED AUTO — O PROFESSIONAL!MALPRACTICE LIABILITY PROFESSIONAL/MALPRACTICE LIABILITY INCLUDED [] CROSS LIABILITY E] BLANKET CONTRACTUAL O OCCURRENCE AGGREGATE 0 ENVIRONMENTAL LIABILITY 0 CLAIMS MADE LIMIT AGGREGATE AUTOMOBILE LIABILITY Ej DESCRIBED AUTOMOBILES BODILY INJURY AND PROPERTY DAMAGE O ALL OWNED AUTOMOBILES COMBINED O LEASED AUTOMOBILES** BODILY INJURY per Person) O BODILY INJURY(Per Accident) **ALL AUTOMOBILES LEASED IN EXCESS OF 30 DAYS WHERE THE PROPERTY DAMAGE INSURED IS REQUIRED TO PROVIDE INSURANCE OTHER 0 CLAIMS MADE or 0 OCCURRENCE O LIMIT AGGREGATE LI LIMIT DEDUCTIBLE O OCCURRENCE AGGREGATE PROPERTY Valuation O PROPERTY"ALL RISKS" 0 C:1 • O Deductibles ALL OTHER 0 Supplementary Schedule EARTHQUAKE FLOOD ADDITIONAL INSURED NAMEAND NTAlYNGADDREB , C:1 S6PPlen4nPlrY Schedule DESCRIPTION OF OPERATIONS 11-0dATIoNs!AUTOMOBILES I SP.'ECIAL ITEMS HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO,HER MINISTERS,AGENTS,APPOINTEES, WITH RESPECT TO THEIR AGREEMENT WITH THE NAMED INSURED FOR THE SAFER AND EMPLOYEES COMMUNITIES-1,000 OFFICERS PARTNERSHIP PROGRAM Fax Interest to Insured "With respect to Liability Only" CERTiFIcATEI40 'NAME AND MAILINGADOREss '.- - -CANCELLATION . -",'','' -`,,• MINISTRY OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES Should any of the above described policies be cancelled before the expiration 25 GROSVERNOR STREET,12TH FLOOR date thereof,the issujng company will endeavour to mail ag days written TORONTO,ON,M7A 2H4 notice to the certificate holder named on the left,but failure to mail such notice shall impose no obligation or liability of any kind upon the company,its brokers SUBSCRIBINGAOOMPANIES ON BEHALF OF FRANKCOWAN COMPANY LIMITEEk AS :: or representatives. .. MANAGING GESERAL'AbENT INCLUDING BUT NOT LIMITED TO: it pi.rgi,43EST*ATING .,, The Guarantee Company of North America , ....,/ Temple Insurance Company '•-• • I-11'7s" .. -) ) Underwriters at Lloyds of London 13 June 16,2017 Syn1784876nu11 FCC-CERTINS(03/2015)