2013-212 Agreement with MOE - Source Protection Municipal FundTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2013 -212
A By -law to Authorize the Execution of the Source Protection Municipal
Implementation Fund, Granting Fund Agreement, between
Her Majesty the Queen in Right of Ontario,
as represented by the Minister of the Environment and
The Corporation of the Township of Oro - Medonte
WHEREAS Section 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipal power, including a municipalitiy's capacity, rights, powers
and privileges under Section 9, shall be exercised by by -law unless the municipality
is specifically authorized to do otherwise.
WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
grants municipalities the powers of a natural person for the purpose of exercising
its authority under this or any other Act.
WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that it is the role of Council to ensure that administrative practices and
procedures are in place to implement the decisions of Council.
WHEREAS Section 302 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides financial assistance to municipalities.
AND WHEREAS it is deemed expedient to enter into a Source Protection Municipal
Implementation Fund, Granting Fund Agreement, between Her Majesty the Queen
in Right of Ontario, as represented by the Minister of the Environment and The
Corporation of the Township of Oro - Medonte;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. That the Mayor and Clerk be authorized to execute the Source Protection
Municipal Implementation Fund, Granting Fund Agreement, between Her
Majesty the Queen in Right of Ontario, as represented by the Minister of the
Environment and The Township of Oro - Medonte, attached hereto as
Schedule "A" and forming part of this by -law;
2. This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 27TH
DAY OF NOVEMBER, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
V
Mayor, H.,5, 1AuAl)es
J.
GRANT FUNDING AGREEMENT
THE AGREEMENT effective as of December 13, 2013 (the "Effective Date ").
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
as represented by the Minister of the Environment
(the "Province ")
-and -
The Corporation of the Township of Oro- Medonte
(the "Municipality ")
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
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 $60,000 which consists of $45,000
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.
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.
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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.
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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, 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 Province
and its agents, appointees and employees.
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Grant Funding Agreement
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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 less 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.
0
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 If the Province terminates the Agreement, the Province may (i) 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
(i); and /or (iii) subject to section 3.5, provide Funds to the Municipality to cover those
wind down costs.
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Grant Funding Agreement
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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(ii) 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 (i) 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,
14th Floor
Toronto, ON M4V 1 M2
Attention: Manager,
Source Protection Implementation, Source Protection Programs Branch
Fax: 416- 212 -2757
Email: SourceProtectionFunding @ontario.ca
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Grant Funding Agreement
To the Municipality:
Township of Ora - Medonte
148 Line 7 South, P.O. Box 100
Oro, ON LOL 2X0
Attention: Jerry Ball, Director of Transportation and Environmental Services
Fax: 705 - 487 -0133
Email: jball C oro- medonte.ca
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
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.
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Grant Funding Agreement
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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.
Wei ,-
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.
IRIJ RIWINVII.I!
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.
r
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.
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Grant Funding Agreement
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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.
.. - ,. , -
Name: Ling Mark
Title: Director,
Source Protection Programs Branch
Pursuant to delegated authority
Date:
The Corporatipn of the Township of Oro- Medonte
Name: H.S. Hughes
Title: Mayor
Date: o°r A
Na .' T J uglas Irwin
Titl rk
Date:
I/We have authority to bind the Municipality.
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Grant Funding Agreement
Ontario is committed to protecting drinking water from source to tap. The Clean Water Act, 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.
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
Water Act, 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 Water Act, 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.
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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
13.1; and
c) Collaboration activities must take place within a reasonable time frame.
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Grant Funding Agreement
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
Other activities the Municipality undertakes to fulfill its requirements to implement
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Grant Funding Agreement
significant drinking water threat policies.
13.2 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); 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.
13.3 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 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 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.
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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.
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Grant Funding Agreement
MILESTONE
AMOUNT
Following Province execution of Agreement
$27,740
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
$17,260
indicated in Schedule D
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Grant Funding Agreement
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:
(i) 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.
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Grant Funding Agreement
3. The Municipality will use the final report template which will include the following:
(i) 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.
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