3514-2021 Fire Safety Grant Agreement

BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE OFFICE OF THE FIRE MARSHALL

Passed by Council April 12, 2021.

THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3514-2021
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE
OFFICE OF THE FIRE MARSHAL

WHEREAS the Municipality of Augusta wishes to enter into an Agreement in order to
participate in the Fire Safety Grant;

AND WHEREAS the Municipality acknowledges that funds received through the
Agreement must be used for fire training opportunities;

NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF AUGUSTA HEREBY
ENACTS AS FOLLOWS:

THAT the Mayor and the Clerk are hereby authorized to execute on behalf of the
TOWNSHIP OF AUGUSTA this Municipal Funding Agreement for the transfer of Ontario
Fire Safety funds between Her Majesty the Queen in Right of Ontario as represented by
the Office of the Fire Marshal and Augusta Township as in Schedule A attached hereto.

THAT Schedule A shall form part of this by-law.

Read a first, second, and third time and finally passed this 12 day of April, 2021

Signed by Mayor Doug Malanka and Clerk Annette Simonian

FIRE SAFETY GRANT TRANSFER PAYMENT AGREEMENT

THE AGREEMENT, effective as of the 31 day of March, 2021 (the “Effective Date”)

BETWEEN:

Her Majesty the Queen in right of Ontario
as represented by the Office of the Fire Marshal
(the “Province”)

– and –

Municipality of Augusta
(the “Recipient”)

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” – Reports, and
any amending agreement entered into as provided for in section 3.1,
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 In the event of a conflict or inconsistency between the Additional Provisions and
Schedule ‘A”, the Additional Provisions will prevail.

3.0 AMENDING THE AGREEMENT

3.1 The Agreement may only be amended by a written agreement duly executed by
the Parties.

4.0 ACKNOWLEDGEMENT

4.1 The Recipient acknowledges that:

(a) 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);

(b) the Province is not responsible for carrying out the Project; and

(c) 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.

The Parties have executed the Agreement on the dates set out below.

HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO as represented by the Office of the Fire Marshal
Date: April 15, 2021
Signature: Jon Pegg
Title: Fire Marshal

Municipality of Augusta
Date: April 15, 2021
Signature: Doug Malanka
Title: Mayor

Date: April 15, 2021
Signature: Annette Simonian
Title: Clerk

I have authority to bind the Recipient.

SCHEDULE “A”
GENERAL TERMS AND CONDITIONS

A.1.0 DEFINITIONS

A.1.1 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 3.1.

“Budget” means the budget attached to the Agreement as Schedule “D”.

“Effective Date” means the date set out at the top of the Agreement.

“Event of Default” has the meaning ascribed to it in section A.12.1.

“Expiry Date” means the expiry date set out in Schedule “B”.

“Funding Year” means:

(a) in the case of the first Funding Year, the period commencing on March 31.
2021 and ending on August 31, 2021; and

“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, and includes any such period or periods
of time by which the Province extends that time.

“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 E”.

A.2.o 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 the full power and authority to enter into the Agreement and has
taken all necessary actions to authorize the execution of the Agreement;

(d) 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

(e) 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 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;

(d) procedures to enable the Recipient to manage Funds prudently and
effectively;

(e) procedures to enable the Recipient to complete the Project successfully;
and

(f) procedures to enable the preparation and submission of all Reports
required pursuant to Article A.6.0.

A3.o TERM OF THE AGREEMENT

A3.1 Term. The term of the Agreement wilt commence on March 31, 2021 and will

A4.0 FUNDS AND CARRYING OUT THE PROJECT

A.4.1 Funds Provided. The Province will:

(a) provide the Recipient up to the Maximum Funds allocated as part of this
grant exercise;

(b) provide the Funds to the Recipient in accordance with the payment plan
set out in Schedule “D”; and

(i) resides at a Canadian financial institution; and

(ii) is in the name of the Recipient.

A.4.2 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;

(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.

A.5.0 CONFLICT OF INTEREST

A.5.1 No Conflict of Interest. The Recipient will carry out the Project and use the
Funds without a conflict of interest. The Recipient will disclose to the Province,
without delay, any situation that a reasonable person would interpret as an
actual, potential or perceived conflict of interest; and comply with any terms and
conditions that the Province may prescribe as a result of the disclosure.

A.6.0 REPORTING, ACCOUNTING AND REVIEW

A.6.1 Preparation and Submission. The Recipient will submit to the Province at the
address referred to in section A15.1, all Reports in accordance with the
timelines and content requirements provided for in Schedule “F’, or in a form as
specified by the Province from time to time.

A.6.2 Record Maintenance. The Recipient will keep, maintain and make available to
the Province, its authorized representatives or an independent auditor identified
by the Province for inspection and copying:

(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.

A.7.0 COMMUNICATIONS REQUIREMENTS

A.7.1 Acknowledge Support. Unless otherwise directed by the Province, the
Recipient will acknowledge the support of the Province for the Project in a form
and manner as directed by the Province.

A.7.2 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.

A.8.0 INDEMNITY

A.8.1 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 willful misconduct of the Indemnified
Parties.

A.9.0 INSURANCE

A.9.1 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;

(d) a 30 day written notice of cancellation.

A.9.2 Proof of Insurance. If requested, the Recipient will 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 A9.1.

A.10.0 EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR
DEFAULT

A.10.1 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 A.6.1, Reports or such other
reports as may have been requested by the Province;

(b) the Recipients 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
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.

A.10.2 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;

(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.

A.10.3 When Termination Effective. Termination under this Article will take effect as
provided for in the Notice.

A.11.0 FUNDS AT THE END OF A FUNDING YEAR

A.11.1 Funds at the End of a Funding Year. Without limiting any rights of the
Province under Article A.1.20, 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 the payment of the unspent Funds; and

(b) adjust the amount of any further instalments of Funds accordingly.

A.12.0 FUNDS UPON EXPIRY

A.12.1 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.

A.13.0 NOTICE

A.13.1 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 in
Schedule B”, or as either Party later designates to the other by Notice.

A.13.2 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.

A.14.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT

A.14.1 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.

A.15.0 INDEPENDENT PARTIES

A.15.1 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.

A.16.0 ASSIGNMENT OF AGREEMENT OR FUNDS

A.16.1 No Assignment. The Recipient will not, without the prior written consent of the
Province, assign any of its rights, or obligations under the Agreement. All rights
and obligations contained in the Agreement will extend to and be binding on the
Parties’ permitted assigns.

A.17.0 GOVERNING LAW

A.17.1 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.

A.18.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS

A.18.1 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

(d) such Failure is continuing,
the Province may suspend the payment of Funds for such period as the
Province determines appropriate.

A.19.0 SURVIVAL

A.19.1 Survival. All 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.

– END OF GENERAL TERMS AND CONDITIONS —

SCHEDULE “B”
PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS

Maximum Funds = $6,400.00

Expiry Date = August 1, 2021

Insurance = $2,000,000

Contact information for the purposes of Notice to the Province =
Name: Jon Pegg
Position: Fire Marshal
Address: 25 Morton Shulman Ave, Toronto, M3M 0B1
Email: jon.pegg@ontario.ca

Contact information for the purposes of Notice to the Recipient =
Position: Clerk
Address: 3560 County Road 26, Prescott K0E 1T0
Fax: 613-925-3499
Email: asimonian@augusta.ca

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 =
Position: CAO
Address: 3560 County Road 26, Prescott K0E 1T0
Fax: 613-925-3499
Email: bbrown@augusta.ca

Additional Provisions:

(None)

Ministry of
Community Safety and
Correctional Services

Office of the
Fire Marshal and
Emergency Management
25 Morton Shulman Avenue
Toronto ON M3M 0B1
Tel: 647-329-1100
Fax: 647-32-1143

March 24, 2021

Robert Bowman
Township of Augusta
3560 County Road 26
Prescott, ON KOE1TO

Dear Robert Bowman,

Further to ongoing discussions regarding the Fire Safety Grant Program, I am writing to confirm
that the fire service has agreed (in principle) to utilizing its grant allocation to support its intended
purpose as outlined below

The Township of Augusta will be provided a total of $6,400.00 to support:

– Increased training opportunities

This aligns with the intended purpose of Fire Safety Grant Program.

As part of this process, formalization of the grant allocation and the Transfer Payment Agreement
is required and will be tabled by you for your municipal Council at its next meeting.

The Office of the Fire Marshal will reach out to finalize and execute the Transfer Payment
Agreement once municipal council has had the opportunity to approve your proposal for spending
the funds provided.

Sincerely,

Signed by Jon Pegg
Fire Marshal

Instructions to the Municipal Representative:

Please complete and submit a copy of this document to our office at ofm@ontario.ca by no later
than March31st, 2021.

I hereby accept the grant allocation and proposed strategy for utilization: pending approval by
Township of Augusta as outlined above.

Signed by Robert Bowman, Fire Chief, March 24, 2021.

SCHEDULE “C”
PROJECT

The Municipal Fire Protection Grant has been established to provide critical support to
municipalities in 2020-21 to offset costs and potential barriers for issues stemming from the
COVID-19 pandemic. Such issues include access to training, and equipment or other critical
upgrades that are needed at the local level to support virtual inspections.

Ontario’s fire departments vary in size and capacity and they all serve different communities that
each present different levels of risk. There is a significant cost to ensure that every department
has skilled first responders who are adequately trained and equipped to meet the needs of their
community.

Funding could represent the difference in allowing fire departments to train more staff, purchase
much needed equipment to allow them to adapt and respond to COVID-19 related risks in their
communities in a way that ensures both community and personnel safety.

The use of the one-time 2020-21 Municipal Fire Protection Grant will focus on the needs of
municipal fire departments to ensure community safety with a focus on issues that have
presented due to the COVID-19 pandemic, including:

• Training to offset the pressures in training as a result of the COVID-19 pandemic.
• Specialty training to respond to the dynamics of the COVID-19 pandemic and the need to
ensure fire safety in their communities such as virtual inspections.
• Small improvements to fire department infrastructure, such as accessing high speed internet
to support training and virtual inspections.

The fire service has expressed concerns with training and fire code compliance since the start
of the pandemic. Some of these concerns include critical inspections being delayed or impacted
given the apprehension with entering premises. Similarly, training has been impacted given that
fire services have been responding to challenges associated with the pandemic (staffing
shortages, increased calls for service, etc.). Many departments continued training online as the
Office of the Fire Marshal enhanced its online course availability at the start of the pandemic.
This emergency COVID relief funding provides support for increased access to training, support
for fire code compliance inspections through virtual inspections, and equipment or other critical
upgrades that are needed at the local level to support community risks during the pandemic and
the switch to virtual training and inspections.

<insert a copy of the letter of intent from the municipality to outline proposed use of
funds>

SCHEDULE “D”
BUDGET

Funding will be provided to the Municipality of Augusta upon execution of this
Agreement. The funds will need to be spent by the municipality by August 1, 2021.

SCHEDULE “E”
REPORTS

As a condition of the Municipal Fire Protection Grant, a report back to the Office of the
Fire Marshal must be received by September 1, 2021 to outline how the grant was
utilized at the department level.

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3514-2021 Fire Safety Grant Agreement

3514-2021 Fire Safety Grant Agreement

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