3526 - Agreement - To enter into an agreement for the RIDE Grant ProgramTHE AGREEMENT effective as of the i day of April . 2o_iL_.
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as
represented by the Minister of Community Safety and
Correctional Services
(the "Ministry")
and-
Town of Tillsonburg Police Services Board
(the "Recipient")
WHEREAS:
A. the Recipient carries out a program of traffic stop sobriety checks in their
jurisdiction as part of a program to "Reduce Impaired Driving Everywhere"
("R.I.D.E.");
AND WHEREAS:
B. the Ministry has established the R.I.D.E. grant Program (the "Program") to provide
grants (the "Funds") to assist municipal Police Services, OPP municipal contract
locations and First Nations in offsetting their staff costs of enhancing R.I.D.E.
programs of sobriety checks in their jurisdictions
C. the Recipient is a municipal Police Services Board or Municipality or First Nation
in a municipality that has established a municipal police service or a municipality
whose council has entered into an agreement under s.io of the Police Services Act
to have police services provided by the OPP;
D. the Recipient has, by written application, requested funding for overtime and paid
duty in pursuance of the R.I.D.E. grant program (the "Project");
E. the grant application for the Funds submitted by the Recipient has been approved,
in whole or part, by the Ministry and is attached as Schedule E - 2011/2012
R.I.D.E. GRANT APPLICATION (the "Application");
NOW THEREFORE in consideration of the mutual covenants and agreements contained
herein and for other good and valuable consideration, the receipt and sufficiency of which
are expressly acknowledged, the Parties agree as follows:
ARTICLE i - INTERPRETATION AND DEFINITIONS
1.1 Interpretation. For the purposes of interpretation:
"Parties" means the Ministry and the Recipient and "Party" means either one of
them.
"Project" means the undertaking described in Schedule "A".
"Project Completion Date" means the date for completion of the Project, as set
out in section 4.1.
"Reports" means the reports described in Schedules "B", "C", "D" and "F".
"Timelines" means the dates and times set out in schedules set out in Schedule
"A" and "F".
ARTICLE 2 - REPRESENTATIONS, WARRANTIES AND COVENANTS
2.1 General The Recipient represents, warrants and covenants that:
(a) it is, and shall continue to be for the term of the Agreement, a validly
existing legal entity with full power to fulfill its obligations under the
Agreement;
(b) it has, and shall continue to have for the term of the Agreement, the
experience and expertise necessary to carry out the Project; and
(c) unless otherwise provided for in the Agreement, any information the
Recipient provided to the Ministry 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 shall continue to be
true and complete for the term of the Agreement.
2.2 Execution of Agreement. The Recipient represents and warrants that:
(a) it has the full power and authority to enter into the Agreement; and
(b) it has taken all necessary actions to authorize the execution of the
Agreement.
2.3 Governance. The Recipient represents, warrants and covenants that upon
execution and for the period during which the Agreement is in effect, it:
(a) is a municipal Police Services Board, municipality or First Nation in a
municipality that has established a municipal Police Service or whose
council has entered into an agreement under s.io of the Police Services Act
for the provision of police services by the OPP;
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(a) the Ministry is not obligated to provide any Funds to the Recipient until
the Recipient provides the insurance certificate or other proof as provided
for in section 11.2;
(b) the Ministry is not obligated to provide Funds until it is satisfied with the
the Reports;
(c) the Ministry may adjust the amount of Funds it provides to the Recipient
in any Funding Year based upon the Ministry's assessment of the
information provided by the Recipient pursuant to section 7.1; and
(d) if, pursuant to the provisions of the Financial Administration Act (Ontario),
the Ministry does not receive the necessary appropriation from the Ontario
Legislature for payment under the Agreement, the Ministry is not obligated
to make any such payment, and, as a consequence, the Ministry may:
(i) reduce the amount of the Funds and, in consultation with the
Recipient, change the Project; or
(ii) terminate the Agreement pursuant to section 13.1.
4.3 Use of Funds and Project. The Recipient shall:
(a) carry out the Project:
(i) in accordance with the terms and conditions of the Agreement; and
(ii) 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; and
(c) spend the Funds only in accordance with Budget, as approved by the
Ministry.
4.4 JVo Changes. The Recipient shall not make any changes to the Project, the
Timelines and/or the Budget without the prior written consent of the Ministry.
4.5 Interest Bearing Account. If the Ministry provides Funds to the Recipient prior
to the Recipient's immediate need for the Funds, the Recipient shall place the
Funds in an interest bearing account in the name of the Recipient at a Canadian
financial institution.
4.6 Interest. If the Recipient earns any interest on the Funds:
(a) the Ministry may deduct an amount equal to the interest from any further
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(i) Accounting information as required under Schedule "A"
(ii) R.I.D.E. Grant Interim Financial Status Report in the Form provided
in Schedule UB";
(iii) R.I.D.E. Grant Quarterly Statistics, in the form provided in
Schedule "D";
(iv) 2011-2012 Final Report on R.I.D.E. Grant Program, in the form
provided in Schedule "C";
in accordance with the Timelines and requirements set out in
Schedules "A" and "F".
(b) submit to the Ministry at the address provided in section 18.1, any other
reports as may be requested by the Ministry in accordance with the
Timelines and content requirements specified by the Ministry;
(c) ensure that all Reports and other reports are completed to the satisfaction
of the Ministry; and
(d) ensure that all Reports and other reports are signed on behalf of the
Recipient by an authorized signing officer.
7.2 Record Maintenance. The Recipient shall 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.
7.3 Inspection. The Ministry, its authorized representatives or an independent
auditor identified by the Ministry may, at its own 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
expenditure of the Funds and, for these purposes, the Ministry, its authorized
representatives or an independent auditor identified by the Ministry may:
(a) inspect and copy the records and documents referred to in section 7.2; and
(b) conduct an audit or investigation of the Recipient in respect of the
expenditure of the Funds and/or the Project.
7.4 Disclosure. To assist in respect of the rights set out in section 7.3, the Recipient
shall disclose any information requested by the Ministry, its authorized
representatives or an independent auditor identified by the Ministry, and shall do
so in a form requested by the Ministry, its authorized representatives or an
independent auditor identified by the Ministry, as the case may be.
Page 7 of27
ARTICLE 11 -- INSURANCE
11.1 Recipient's Insurance. The Recipient 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 five million dollars
($5,000,000) 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 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, termination or material change.
11.2 Proof of Insurance. The Recipient shall provide the Ministry with certificates of
insurance, or other proof as may be requested by the Ministry, that confirms the
insurance coverage as provided for in section 11.1. Upon the request of the
Ministry, the Recipient shall make available to the Ministry a copy of each
insurance policy.
ARTICLE 12 -- TERMINATION ON NOTICE
12.1 Termination on Notice. The Ministry may terminate the Agreement at any time
upon giving at least sixty (60) days Notice to the Recipient.
12.2 Consequences of Termination on Notice by the Ministry. If the Ministry
terminates the Agreement pursuant to section 12.1, the Ministry may:
(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/or
(c) determine the reasonable costs for the Recipient to wind down the Project,
and:
(i) permit the Recipient to offset the costs determined pursuant to section
i2.2(c), against the amount owing pursuant to section i2.2(b); and/or
(ii) subject to section 4.7, provide Funds to the Recipient to cover the
costs determined pursuant to section i2.2(c).
Page 9 of27
for the benefit of creditors, or is petitioned into bankruptcy, or files for the
appointment of a receiver;
(d) the Recipient ceases to operate; and
(e) an event of Force Majeure that continues for a period of 60 days or more.
14.2 Consequences of Events of Default and Corrective Action. If an Event of
Default occurs, the Ministry may, at any time, take one or more of the following
actions:
(a) initiate any action the Ministry 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 Ministry 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 Ministry
provided to the Recipient; and/or
(i) terminate the Agreement at any time, including immediately, upon giving
Notice to the Recipient.
14.3 Opportunity to Remedy. If, in accordance with section i4.2(b), the Ministry
provides the Recipient with an opportunity to remedy the Event of Default, the
Ministry shall provide Notice to the Recipient of:
(a) the particulars of the Event of Default; and
(b) the Notice Period.
14.4 Recipient not Remedying. If the Ministry has provided the Recipient with an
opportunity to remedy the Event of Default pursuant to section i4.2(b), and:
(a) the Recipient does not remedy the Event of Default within the Notice
Period;
Page 11 of 27
Ministry at the address provided in section 18.1.
ARTICLE 18 - NOTICE
18.1 Notice in Writing. Notices and communications shall be in writing and shall be
delivered by email, postage-prepaid mail, personal delivery or fax, and shall be
addressed to the Ministry Contact and the Recipient, respectively, as set out below,
or as either Party later designates to the other by Notice:
To the Ministry: To the Recipient:
External Relations Branch Town of Tillsonburg Police Services
Public Safety Division Board
Ministry of Community Safety and
Correctional Services 90 Concession Street East
12th Floor, 25 Grosvenor Street Tillsonburg
Toronto, Ontario ON N4G 4Z8
M7A 2H3
Attention:
Attention: His Worship John Lessif
Sandra Williams, Mayor
Community Safety Analyst
Fax: n/aFax: 416-212-1888 Email. n/a
E-mail: Sandra.Williams@ontario.ca
18.2 Notice Given. Notice shall be deemed to have been received:
(a) in the case of postage-prepaid mail, seven 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.
18.3 Postal Disruption. Despite section i8.2(a), in the event of a postal disruption:
(a) Notice by postage-prepaid mail shall not be deemed to be received; and
(b) the Party giving Notice shall provide Notice by email, personal delivery or
by fax.
ARTICLE 19 - CONSENT BY MINISTRY
19.1 Consent. The Ministry may impose any terms and/or conditions on any consent
the Ministry may grant pursuant to the Agreement.
ARTICLE 20 - SEVERABILITY OF PROVISIONS
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(a) is beyond the reasonable control of a Party; and
(b) makes a Party's performance of its obligations under the Agreement
impossible, or so impracticable as reasonably to be considered impossible
in the circumstances.
26.2 Force Majeure Includes. Force Majeure includes:
(a) infectious diseases, war, riots and civil disorder;
(b) storm, flood, earthquake and other severely adverse weather conditions;
(c) lawful act by a public authority; and
(d) strikes, lockouts and other labour actions,
if such events meet the test set out in section 26.1.
26.3 Force Majeure Shall Not Include. Force Majeure shall not include:
(a) any event that is caused by the negligence or intentional action of a Party
or such Party's agents or employees; or
(b) any event that a diligent Party could reasonably have been expected to:
(i) take into account at the time of the execution of the Agreement;
and
(ii) avoid or overcome in the carrying out of its obligations under the
Agreement.
26.4 Failure to Fulfil Obligations. Subject to section 14.1(6), the failure of either Party
to fulfil any of its obligations under the Agreement shall not be considered to be a
breach of, or Event of Default under, the Agreement to the extent that such failure
to fulfill the obligation arose from an event of Force Majeure, if the Party affected
by such an event has taken all reasonable precautions, due care and reasonable
alternative measures, all with the objective of carrying out the terms and
conditions of the Agreement.
ARTICLE 27 -- SURVIVAL
27.1 Survival. The provisions in Article i, any other applicable definitions, sections
4.6(b), 7.1 (to the extent that the Recipient has not provided the Reports or other
reports as may be requested by the Ministry to the satisfaction of the Ministry),
7.2, 7.3, 7.4, 7.5, 7.6, Articles 8 and 10, sections 12.2,13.2,13.3,14.1, H.2(d), (e), (f), (g)
and (h), Articles 16,17,18, 20, 24, 27, 28, 29, 30, 31 and 32, 33 and 34 and all
applicable cross-referenced provisions and schedules shall continue in full force
and effect for a period of seven years from the date of expiry or termination of the
Page 15 of 27
substitution for, any of its rights and remedies provided by law or in equity.
ARTICLE 34 - ENTIRE AGREEMENT
34.1 Entire Agreement. 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.
34.2 Modification of Agreement. The Agreement may only be amended by a written
agreement duly executed by the Parties.
THE PARTIES HAVE EXECUTED THE AGREEMENT ON THE DATES SET OUT BELOW.
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
as represented by the Minster of Community Safety and
Correctional Services
Town of Tillsonburg Police Services Board
June 29. 2011
hn ^essif Date
Title: Mayor
June 29, 2011
Name: Donna Hemeryck Date
Title: Clerk
I/We have authority to bind the Recipient.
Page 17 of 27
provide the Ministry with an accounting, in detail, of all expenses with respect to
which the Funds have been expended.
STAFF OVERTIME AND PAID DUTY BILLING
Staff costs are overtime or paid duty for street level enforcement activities in
relation to the program for which the Funds are provided. Staff will not include
civilian or auxiliary officers. For the Funds to reflect the amount of staff overtime
or paid duty, a one-time final billing will be submitted on Schedule C - 2011/2012
FINAL REPORT ON R.I.D.E. GRANT PROGRAM of the Agreement to the
Ministry by March 7, 2012. This billing must be certified by a Municipal Clerk
/Treasurer or a senior representative of the Recipient's financial services who can
verify the accuracy of the claim. The billing will itemize dates worked, name and
rank of officers, rate of pay (basic hourly rate), number of overtime/paid duty
hours worked, number of hours paid and total hours used by the service for the
period of April i, 2011 to February 29, 2012
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SCHEDULE "C"
2011-2012 FINAL REPORT OF RIDE GRANT PROGRAM
Ontario
Minlatry or Community Safety Mfiigtere to IB Sdcufltft ccnimunautatreand Correctional Servian ei deft Sarvlcee correctHmmls
PLbic safety DMSten U'Ason de la ^orttfr pjclque
SCHEDULE C
(Page 1 of 2)
2011/2012 FINAL REPORT ON R.I.D.E. GRANT PROGRAM
t March 7 2012.
PLEASE REMIT TO THE ATTEMTION OF:Santira wii Haira, community Safety Analyst -or Arnanda MartlKamen, Grant Officer
srsg'am Devetopnient sesitan, Pubic 5ajety DMsJon25 Grcsvsrar Street. I2tn Flcor. 'srcnto CN W7A2H3For more Information: S^rvdra Williams Tel: |416) 212-1858 E-mail: Hantfra.rtllllam8.ijyantarlo.caAmanda Martlkalran Tel: j416)212-3557 E-mail: amanda,tnaftilcalnei\tf&ntarlo.cfl
SECTION A- REPORTING POLICE SERVICE
Poiica Service Mania: (Select one^
Grantee Contact PersorvTTUe
Last Namesautattan>lrstNarne
Telefjhcre NLntwr Extension Fax Number era!
.3
SECTION B - SIGNATURE OF AUTHORIZED OFFICIAL
Signature Print Name Dated
Police Services Board/MunicipalityjFirst Nation (Grantee)T'rtlejFosition [Signing
Official)
Witness Signature Print Name Dated
Page 21 of 27
SCHEDULE "D"
2011-2012 RIDE GRANT QUARTERLY STATISTICS
(Vv Ontario
Ministry of Community Safety and
Correctional Services
Public Safety Division
Mirastire de la Securite communaufaire et des
Services correctionnels
Division de la securite pubtiqMe
SCHEDULE D
2011/2012 R.I.D.E. GRANT QUARTERLY STATISTICS
QUARTER Q
REFER TO GUIDELINES AND SAMPLE SCHEDULE "D" FORM.
PLEASE REMIT TO THE ATTENTION OF:
Sandra Williams, Community Safety Analyst or Amanda Martikainen, Grant Officer
Program Development Section, External Relations Branch, Public Safety Division
25 Grosvenor Street, 12th Floor, Toronto ON M7A 2H3
For more information: Sandra Williams Tel: (416) 212-1888 Emaiksandra.williamstgXmtario.ca
Amanda Martikainen Tel: (416) 212-3557 Email: amanda.martikainen^ontario.ca
SECTION A - REPORTING POLICE SERVICE
Police Service Name
Police Service Contact Person/Title Id
Salutation First Name
"elephone Number
Name of Police Services Boardi'MunJ-oipaWy (Grantee)
Extension Fa* Number
.ast Name Tite
E-mail Address
SECTION B - VEHICLES STOPPED AS A RESULT OF R.I.D.E. GRANT PROGRAM
1. Sum Total of Roadside ChecK Stops (i.e., 1.1 +1.2 +1.3 + 1.4): Q.OQ
1.1. Number of Vehicle Check Stops; 0.00
1.2. Number of Marine Check Stops; 0.00
1.3. Number of Snowmobile Check Stops; 0.00
1.4. Number of AW ChecX Stops. 0.00
2. Number of Roadside Check Stops Resulting in an Approved Screening Device Test (ASD) 0.00
3. Sum Total of 0.5 - 0.8 Warn-Range Suspensions (i.e., 3.1 + 3.2 + 3.3): Q.OQ
3.1. Number of First Occurrence, 3-day Warn-Range Suspensions; 0.00
3.2. Number of Second Occurrences, 7-day Wam-Range Suspensions; 0.00
3.3. Number of Third or Subsequent Occurrence 30-day Warn-Range Suspensions. 0.00
4. Sum Total of Administrative Driver License Suspensions (i.e., 4.1 + 4.2 * 4.3): Q.OQ
4.1. Number of ASDs resulting in BACover 0.8% (90-day ADLS); 0.00
4.2. Number of ASD Refusals (90-day ADLS); 0.00
4.3. Number of Intoxilyzer Refusals (90-day ADLS). 0.00
5. Sum Total of Persons Charged as a result of Roadside ChecK Stops (i.e., 5.1 + 5.2 + 5.3): 0.00
5.1. Number of Persons Chargea with Criminal Code Offences; 0.00
5.2. Number of Persons Charged with Liquor and License Act Offences; O.QO
5.3. Number of Persons Charged with Other Offences. 0.00
Page 23 of 27
SCHEDULE "E"
RECIPIENTS 2011-2012 RIDE GRANT APPLICATION
Page 25 of 27
SCHEDULE "F"
TIMELINES SUMMARY
^Ontario
Ministry of Community Safety Ministere de la Securite communautaire
and Correctional Services et des Services correctionnels
Public Safety Division Division de la securite publique
Schedule Due Date
Schedule B - Interim Report
Schedule C - Final Report
Schedule D - Quarterly Report
ist Quarter (Qi)
2nd Quarter (Qz)
3rd Quarter (Q^)
4th Quarter (Q4>
Monday, December 5, 2011
Wednesday, March 7, 2012
Friday, July 15, 2011
Friday, October 14, 2011
Friday, January 13, 2012
Wednesday, March 7, 2012
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