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HomeMy WebLinkAbout22 086 Community Safety and Policing (CSP) Grant (2022) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE K B T ttry a „ 00 BY—LAW NO. 2022 - 086 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 SOLICITOR GENERAL IN REGARDS TO THE COMMUNITY SAFETY AND POLICING (CSP) GRANT 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 Solicitor General for the purpose of a School Resource Officer - Education and Awareness Program through the Community Safety and Policing (CSP) Grant; 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 Solicitor General, for the Community Safety and Policing (CSP) Grant, be hereby approved. 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 for the agreement with the Solicitor General 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 "Community Safety and Policing (CSP) Grant (2022) By-law". READ a FIRST and SECOND TIME this 2nd day of May, 2022. READ a THIRD TIME and FINALLY PASSED this 2nd day of May, 2022. J � .....IL... be Reader. GerrycGrlAobver ud(2022/05/12) VeenniferoLoawrie , om e Reader. Mayor Clerk ONTARIO TRANSFER PAYMENT AGREEMENT THE AGREEMENT is effective as of the 1st day of April 2022 B E T W E E N : Her Majesty the Queen in right of Ontario as represented by the Solicitor General (the “Province”) - and - Kincardine Police Services Board (the “Recipient”) BACKGROUND The Province has established the Community Safety and Policing (CSP) Grant program to support police services/boards in combating crime and keeping Ontario communities safe. The outcomes-based CSP Grant will provide eligible police services/boards with greater flexibility to implement initiatives that address policing needs and priority risks related to safety and well-being. In order to ensure that local and provincial priorities are being addressed, the CSP Grant offers two funding streams – one focused on local priorities and the other focus on provincial priorities. This Agreement pertains to the local priorities funding stream of the CSP Grant. The local priorities funding stream focuses on addressing risks to safety and well-being that are most prevalent in your community. The Recipient has, by written application (included as Schedule “I” of this Agreement), requested funding for a project entitled School Resource Officer- Education and Awareness Program; The Province has accepted, in whole or in part, the Recipient’s proposed project, attached hereto as Schedule “C” (“the Project”); Page 2 of 29 All activities and expenditures related to the Project, as outlined in Schedules “C” and “D”, must be completed by March 31, 2025; The Recipient intends to carry out the Project. The Province wishes to provide Funds to the Recipient for the Project. 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 The agreement, together with: Schedule “A” - General Terms and Conditions Schedule “B” - Project Specific Information and Additional Provisions Schedule “C” - Project Schedule “D” - Budget Schedule “E” - Payment Plan Schedule “F” - Reports Schedule “G” - Interim Report Template Schedule “H” - Final Report Template Schedule “I” - Funding Application, and any amending agreement entered into as provided for in section 4.1, 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 CONFLICT OR INCONSISTENCY 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between the Additional Provisions and the provisions in Schedule “A”, the following rules will apply: (a) the Parties will interpret any Additional Provisions in so far as possible, in a way that preserves the intention of the Parties as expressed in Schedule “A”; and (b) where it is not possible to interpret the Additional Provisions in a way that is consistent with the provisions in Schedule “A”, the Additional Page 3 of 29 Provisions will prevail over the provisions in Schedule “A” to the extent of the inconsistency. 3.0 COUNTERPARTS 3.1 The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 4.0 AMENDING THE AGREEMENT 4.1 The Agreement may only be amended by a written agreement duly executed by the Parties. 5.0 ACKNOWLEDGEMENT 5.1 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. Page 4 of 29 The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Solicitor General _________________ ____________________________________ Date Name: Michelina Longo Title: Director, External Relations Branch Kincardine Police Services Board _________________ ____________________________________ Date Name: Title: _________________ ____________________________________ Date Name: Title: _________________ ____________________________________ Date Name: Title: I have authority to bind the Recipient. Page 5 of 29 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 set out in Schedule “B”. “Agreement” means this agreement entered into between the Province and the Recipient, all of the schedules listed in section 1.1, and any amending agreement entered into pursuant to section 4.1. “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 A13.1. “Expiry Date” means the expiry date set out in Schedule “B”. “Funding Year” means: Page 6 of 29 (a) in the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31; and (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 Funds set out 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 A13.3(b),and includes any such period or periods of time by which the Province extends that time in accordance with section A13.4. “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “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 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; (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 Page 7 of 29 (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 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 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 organization; (b) procedures to enable the Recipient’s ongoing effective functioning; (c) decision-making mechanisms for the Recipient; (d) procedures to enable the Recipient to manage Funds prudently and effectively; (e) procedures to enable the Recipient to complete the Project successfully; (f) procedures to enable the Recipient 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 to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement. A2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in Article A2.0. A3.0 TERM OF THE AGREEMENT Page 8 of 29 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 A11.0, Article A12.0, or Article A13.0. 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 A10.2; (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; or (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 A12.1. Page 9 of 29 A4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the following: (a) carry out the Project in accordance with the Agreement; (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 payment of an amount equal to the interest. A4.6 Rebates, Credits, and Refunds. The Ministry will calculate Funds 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 RECIPIENT’S 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 Act, 2010 (Ontario), including any procurement directive issued thereunder, to the extent applicable. A5.2 Disposal. The Recipient will not, without the Province’s prior written Page 10 of 29 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 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 Article A6.0, 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 will: (a) submit to the Province at the address referred to in section A17.1, all Reports in accordance with the timelines and content requirements as provided for in 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 A17.1, any other reports as may be requested by the Province in accordance with the timelines and content requirements specified by the Province; Page 11 of 29 (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 Recipient by an authorized signing officer. A7.2 Record Maintenance. The Recipient 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 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 and during normal business hours, enter upon the Recipient’s premises to review the progress of the Project and the Recipient’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 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. The Province’s rights under Article A7.0 are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Page 12 of 29 Auditor General Act (Ontario). A8.0 COMMUNICATIONS REQUIREMENTS A8.1 Acknowledge Support. Unless otherwise directed by the Province, the Recipient 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 will indicate, in any of its Project-related publications, whether written, oral, or visual, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. A9.0 INDEMNITY A9.1 Indemnification. The Recipient will 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. A10.0 INSURANCE A10.1 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 insurance 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; Page 13 of 29 (c) contractual liability coverage; and (d) a 30-day written notice of cancellation. A10.2 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 A10.1; or (ii) other proof that confirms the insurance coverage as provided for in section A10.1; and (b) upon the request of the Province, provide to the Province a copy of any insurance policy. A11.0 TERMINATION ON NOTICE A11.1 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 Recipient. A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1, the Province may take one or more of the following actions: (a) cancel further instalments of Funds; (b) demand from the Recipient the payment 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 do either or both of the following: (i) permit the Recipient to offset such costs against the amount the Recipient owes pursuant to section A11.2(b); and (ii) subject to section A4.1(a), provide Funds to the Recipient to cover such costs. A12.0 TERMINATION WHERE NO APPROPRIATION A12.1 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 Page 14 of 29 Agreement, the Province may terminate the Agreement immediately without liability, penalty, or costs by giving Notice to the Recipient. A12.2 Consequences of Termination Where No Appropriation. If the Province terminates the Agreement pursuant to section A12.1, the Province may take one or more of the following actions: (a) cancel further instalments of Funds; (b) demand from the Recipient the payment 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 A12.2(b). A12.3 No Additional Funds. If, pursuant to section A12.2(c), the Province determines that the costs to wind down the Project exceed the Funds remaining in the possession or under the control of the Recipient, the Province will not provide additional Funds to the Recipient. A13.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A13.1 Events of Default. Each of the following events will constitute an Event of Default: (a) in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; (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 operations, its financial condition, 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 Page 15 of 29 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 ceases to operate. A13.2 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 further instalments of Funds; (f) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (g) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand from the Recipient the payment 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. A13.3 Opportunity to Remedy. If, in accordance with section A13.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will give Notice to the Recipient of: (a) the particulars of the Event of Default; and (b) the Notice Period. A13.4 Recipient not Remedying. If the Province provided the Recipient with an Page 16 of 29 opportunity to remedy the Event of Default pursuant to section A13.2(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 A13.2(a), (c), (d), (e), (f), (g), (h), and (i). A13.5 When Termination Effective. Termination under Article will take effect as provided for in the Notice. A14.0 FUNDS AT THE END OF A FUNDING YEAR A14.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article A13.0, 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 from the Recipient payment of the unspent Funds; and (b) adjust the amount of any further instalments of Funds accordingly. A15.0 FUNDS UPON EXPIRY A15.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds remaining in its possession or under its control. A16.0 DEBT DUE AND PAYMENT A16.1 Payment 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. Page 17 of 29 A16.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds or an amount equal to any Funds; or (b) the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not the Province has demanded their payment, 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 the amount to the Province immediately, unless the Province directs otherwise. A16.3 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. A16.4 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". A16.5 Fails to Pay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay 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. A17.0 NOTICE A17.1 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. A17.2 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. A17.3 Postal Disruption. Despite section A17.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be given; and Page 18 of 29 (b) the Party giving Notice will give Notice by email, personal delivery, or fax. A18.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A18.1 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. A19.0 SEVERABILITY OF PROVISIONS A19.1 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. A20.0 WAIVER A20.1 Waiver Request. Either Party may, in accordance with the Notice provision set out in Article A17.0, ask the other Party to waive an obligation under the Agreement. A20.2 Waiver Applies. Any waiver a Party grants in response to a request made pursuant to section A20.1 will: (a) be valid only if the Party granting the waiver provides it in writing; and (b) apply only to the specific obligation referred to in the waiver. A21.0 INDEPENDENT PARTIES A21.1 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. A22.0 ASSIGNMENT OF AGREEMENT OR FUNDS A22.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A22.2 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. A23.0 GOVERNING LAW Page 19 of 29 A23.1 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. A24.0 FURTHER ASSURANCES A24.1 Agreement into Effect. The Recipient 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. A25.0 JOINT AND SEVERAL LIABILITY A25.1 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. A26.0 RIGHTS AND REMEDIES CUMULATIVE A26.1 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. A27.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A27.1 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 Page 20 of 29 Province determines appropriate. A28.0 SURVIVAL A28.1 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 3.0, Article A1.0 and any other applicable definitions, section A2.1(a), sections A4.2(d), A4.5, section A5.2, section A7.1 (to the extent that the Recipient 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 A9.0, section A11.2, sections A12.2, A12.3, sections A13.1, A13.2(d), (e), (f), (g) and (h), Article A15.0, Article A16.0, Article A17.0, Article A19.0, section A22.2, Article A23.0, Article A25.0, Article A26.0, Article A27.0 and Article A28.0. - END OF GENERAL TERMS AND CONDITIONS - Page 21 of 29 SCHEDULE “B” PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS Maximum Funds $98,365.65 provided for the Funding Years as follows: •First Funding Year (2022-23): $32,788.55 •Second Funding Year (2023-24): $32,788.55 •Third Funding Year (2024-25): $32,788.55 Expiry Date April 30, 2025 Amount for the purposes of section A5.2 (Disposal) of Schedule “A” $5,000 Insurance $5,000,000 Contact information for the purposes of Notice to the Province Name: Program Development Section, External Relations Branch, Public Safety Division Ministry of the Solicitor General Attention: James Y. Lee / Poonam Sharma, Community Safety Analysts Address: 25 Grosvenor Street, 12th Floor, Toronto, ON, M7A 2H3 Phone: 416-326-9355 / 416-325-6039 Email: poonam.sharma@ontario.ca / james.y.lee@ontario.ca Contact information for the purposes of Notice to the Recipient Name: Position: Address: Tel: Email: Contact information for the senior financial person in the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province related to the Agreement Name: Position: Address: Tel: Email: Jenna Leifso Records Management Clerk/Kincardine Police Services Board Secretary 1475 Conc. 5, R.R. #5, Kincardine, ON, N2Z 2X6 519-396-3468 ext. 7116 jleifso@kincardine.ca Roxana Baumann Acting CAO/Director of Finance 1475 Conc. 5, R.R. #5, Kincardine ON, N2Z 2X6 519-396-3468 rbaumann@kincardine.ca Page 22 of 29 CRA Business Number Additional Provisions: Article A8 is hereby amended by the insertion of the following section A8.3: A8.3 Prior Written Approval. The Recipient agrees 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. 878309020 Page 23 of 29 SCHEDULE “C” PROJECT The Province and Recipient have agreed that the following Project will be conducted: Initiative summary: as outlined in the “Initiative Summary” section of the application (Schedule “I”). Activities: as outlined in the “Activities” section of the application (Schedule “I”). Outcomes and Performance Measures: as outlined in the “Outcomes” section of the application (Schedule “I”). Page 24 of 29 SCHEDULE “D” BUDGET The following is approved for Funds. Funding Year 1 # Budget Item Description Contribution from other sources Ministry $ Requested (Budget) Total Other Government Funding In-Kind Donation PERSONNEL (e.g., salaries and secondments) 1 Salary Salary for Dedicated School Resource Officer $77,007.45 $0.00 $32,788.55 $109,796.00 Personnel Sub- Total $77,007.45 $0.00 $32,788.55 $109,796.00 Total (YEAR 1) $77,007.45 $0.00 $32,788.55 $109,796.00 Funding Year 2 # Budget Item Description Contribution from other sources Ministry $ Requested (Budget) Total Other Government Funding In-Kind Donation PERSONNEL (e.g., salaries and secondments) 1 Salary Salary for Dedicated School Resource Officer $77,007.45 $0.00 $32,788.55 $109,796.00 Personnel Sub- Total $77,007.45 $0.00 $32,788.55 $109,796.00 Total (YEAR 2) $77,007.45 $0.00 $32,788.55 $109,796.00 Page 25 of 29 Funding Year 3 # Budget Item Description Contribution from other sources Ministry $ Requested (Budget) Total Other Government Funding In-Kind Donation PERSONNEL (e.g., salaries and secondments) 1 Salary Salary for Dedicated School Resource Officer $77,007.45 $0.00 $32,788.55 $109,796.00 Personnel Sub- Total $77,007.45 $0.00 $32,788.55 $109,796.00 Total (YEAR 3) $77,007.45 $0.00 $32,788.55 $109,796.00 GRAND TOTAL (YEAR 1, 2 and 3) $231,022.35 $0.00 $98,365.65 $329,388.00 Page 26 of 29 SCHEDULE “E” PAYMENT PLAN 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 PAYMENT SCHEDULE The Funds will be provided to the Recipient according to the following schedule: A. First Funding Year: i) First instalment of the first Funding Year: $24,591.41 will be paid to the Recipient subject to satisfactory proof of insurance is provided to the Province in accordance with section A11.1 of Schedule “A” of the Agreement, and following the Agreement having been signed by the Province. ii) Second instalment of the first Funding Year: $8,197.14 will be paid to the Recipient following the Province’s receipt and approval of the Interim Reports (Interim Financial Report, Interim Activities Report and Interim Performance Measures Report) for the first Funding Year, outlined under Schedules “F” and “G”. B. Second Funding Year: i) First instalment of the second Funding Year: $24,591.41 will be paid to the Recipient following the Province’s receipt and approval of the Final Reports (Final Financial Report, Final Activities Report and Final Performance Measures Report) for the first Funding Year, outlined under Schedules “F” and “H”. ii) Second instalment of the second Funding Year: $8,197.14 will be paid to the Recipient following the Province’s receipt and approval of the Interim Reports (Interim Financial Report, Interim Activities Report and Interim Performance Measures Report) for the second Funding Year, outlined under Schedules “F” and “G”. C. Third Funding Year: i) First instalment of the third Funding Year: $24,591.41 will be paid to the Recipient following the Province’s receipt and approval of the Final Reports (Final Financial Report, Final Activities Report and Final Performance Measures Report) for the second Funding Year, outlined under Schedules “F” Page 27 of 29 and “H”. ii) Second instalment of the third Funding Year: $4,918.28 will be paid to the Recipient following the Province’s receipt and approval of the Interim Reports (Interim Financial Report, Interim Activities Report and Interim Performance Measures Report) for the third Funding Year, outlined under Schedules “F” and “G”. iii) Third instalment (holdback) of the third Funding Year: $3,278.86 will be paid to the Recipient following the Province’s receipt and approval of the Final Reports (Final Financial Report, Final Activities Report and Final Performance Measures Report) for the third Funding Year, outlined under Schedules “F” and “H”. Note: the amount for this payment may vary depending on total expenditures and the reconciled amount. If the Province is not satisfied with the Interim/Final Reports, the Recipient may be required to provide additional documents and the ministry may re-adjust the funding allocation. The Funds provided will only be used for the purposes of the Project, as set out in the Detailed Budget Sheet attached as Schedule “D” to this Agreement. 2 SCHEDULE “F” REPORTS F.1 REPORTS AND DEADLINES In accordance with A7.1(a) of Schedule “A” of the Agreement, the Recipient shall provide the Province with: Interim Reports for the first, second and third Funding Year – Due October 31, 2022 for the First Funding Year, October 31, 2023 for the Second Funding Year and October 31, 2024 for the Third Funding Year: A. An Interim Financial Report in the form set out in Schedule “G”, by October 31, 2022 for the first Funding Year, October 31, 2023 for the second Funding Year and October 31, 2024 for the third Funding Year. A detailed breakdown of expenditures and copies of invoices and/or statements are to be provided for costs incurred from April 1 to September 30 for each funding (fiscal) year. B. An Interim Activities Report in the form set out in Schedule “G”, by October 31, 2022 for the first Funding Year, October 31, 2023 for the second Funding Year and October 31, 2024 for the third Funding Year. C. An Interim Performance Measures Report in the form set out in Schedule “G”, by October 31, 2022 for the first Funding Year, October 31, 2023 for the second Funding Year and October 31, 2024 for the third Funding Year. Final Reports for the first Funding Year – Due April 28, 2023 for the first Funding Year, April 29, 2024 for the Second Funding Year and April 29, 2025 for the Third Funding Year: A. A Final Financial Report in the form set out in Schedule “H”, by April 28, 2023 for the first Funding Year, April 29, 2024 for the Second Funding Year and April 29, 2025 for the Third Funding Year. A detailed breakdown of expenditures and copies of invoices and/or statements are to be provided for costs incurred from October 1 to March 31 for each funding (fiscal) year. B. A Final Activities Report in the form set out in Schedule “H”, by April 28, 2023 for the first Funding Year, April 29, 2024 for the Second Funding Year and April 29, 2025 for the Third Funding Year. C. A Final Performance Measures Report in the form set out in Schedule “H”, by April 28, 2023 for the first Funding Year, April 29, 2024 for the Second 3 Funding Year and April 29, 2025 for the Third Funding Year. An authorized signing officer for the Recipient, verifying the accuracy of the claim, must sign all reports. Funds for each fiscal year, as set out in Schedule “B” and “D”, must be spent by the Recipient by March 31 of each fiscal year, and all aspects of the Project, except for the completion of the third Funding Year Final Report, must be completed by the Recipient by March 31, 2025. The Province will not accept claims for Funds which are submitted to the Province after March 31, 2025.