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                  Brant County Branch
SERVICE ACCOUNTABILITY AGREEMENT
Article 4 - Funding

4.1

Funding.  The LHIN:
  1. will provide the funds identified in Schedule B to the HSP for the purpose of providing or ensuring the provision of the Services;
     
  2. may pro-rate the funds identified in Schedule B to the date on which the Agreement is signed, if that date is after April 1; and
     
  3. will deposit the funds in installments once or twice monthly over the Term of the Agreement, into an account designated by the HSP provided that the account resides at a Canadian financial institution and is in the name of the HSP
4.2 Limitation on Payment of Funding.  Despite section 4.1, the LHIN:
  1. will not provide any funds to the HSP until the Agreement is fully executed;
     
  2. will not provide any funds to the HSP until the HSP meets the insurance requirements described in section 11.4;
     
  3. will not be required to continue to provide funds in the event the HSP breaches any of its obligations under this Agreement, until the breach is remedied to the LHIN’s satisfaction; and
     
  4. may adjust the amount of funds it provides to the HSP in any Funding Year based upon the LHIN’s assessment of the information contained in the Reports.
4.3 Appropriation.  Funding under this Agreement is conditional upon an appropriation of moneys by the Legislature of Ontario to the MOHLTC and funding of the LHIN by the MOHLTC pursuant to the Act.  If the LHIN does not receive its anticipated funding the LHIN will not be obligated to make the payments required by this Agreement and the LHIN may terminate the Agreement in accordance with section 12.1(b).
4.4 Additional Funding.
  1. Unless the LHIN has agreed to do so in writing through and amendment to this agreement, the LHIN is not required to provide additional funds to the HSP for providing additional Services or for exceeding the requirements of Schedule E.
     
  2. The HSP may request additional funding by submitting a proposal to amend its Service Plan. The HSP will abide by all decisions of the LHIN with respect to a proposal to amend the Service Plan and will make whatever changes are requested or approved by the LHIN. The Service Plan will be amended to include any approved additional funding.
4.5 Conditions of Funding
  1. The HSP will:

    1. Fulfill all obligations in the Agreement, including the Schedules;
    2.  
       
    3. use the Funding only for the purpose of providing the Services in accordance with the terms of this Agreement;.
       
    4. spend the Funding only in accordance with the Service Plan; and  
       
    5. propose, achieve and maintain an Annual Balanced Budget.
       
  2. "Annual Balanced Budget" means that, in each fiscal year of the term of
    this Agreement, the total expenses of the HSP are less than or equal to the total
    revenue, from all sources, of the HSP.
     
  3. The LHIN may impose such additional terms or conditions on the use of the
    Funding which it considers appropriate for the proper expenditure and
    management of the Funding.
4.6 Interest.
  1. Funding will be placed in an interest bearing account at a Canadian financial institution.
     
  2. Interest Income must be used, within the fiscal year in which it is received,
    to provide the Services.
     
  3. Interest Income will be reported to the LHIN and is subject to a year end reconciliation. In the event that some or all of the Interest Income is not used to provide the Services,
     
    1. the LHIN may deduct the amount equal to the unused Interest
      Income from any further Funding installments under this or any other agreement with the HSP; and/or
       
    2. the LHIN may require the HSP to pay an amount equal to the un
      used Interest Income to the Ministry of Finance.
4.7 Rebates, Credits and Refunds.  The HSP:
  1. acknowledges that all HST and other rebates, credits and refunds it anticipates receiving from the use of the Funding have been incorporated in its budget;
     
  2. agrees that it will advise the LHIN if it receives any unanticipated HST and other rebates from the use of the Funding, or from the use of funding received from either the LHIN or the MOHLTC in years prior to this Agreement that was not recorded in the year of the related expenditure;
     
  3. agrees that all HST and other rebates, credits and refunds referred to in (ii) will be considered Funding in the year that the rebates are received, regardless of the year to which the rebate relates.
4.8 Procurement of Goods and Services.  Subject to any direction or guideline issued by the Management Board of Cabinet pursuant to the Broader Public Sector Accountability Act, 2010
  1. The HSP will have a written procurement policy in place that requires the acquisition of supplies, equipment or services valued at over $25,000 through a competitive process that ensures the best value for funds expended and the HSP will acquire supplies, equipment or services with the Funding through a process that is consistent with this policy; or
  2. If the HSP receives $10,000,000 or more in funding from the MOHLTC and/or  the Ministry of Education and Training, Colleges and Universities (including the Funding), the HSP will procure goods and services purchased with the Funding in accordance with the "Supply Chain Guideline" issued by the Ministry of Finance as the same may be amended from time to time.
 
4.9 Disposition.  The HSP will not, without the LHIN’s prior written consent, sell, lease or otherwise dispose of any assets purchased with Funding, the cost of which exceeded $25,000 at the time of purchase.
 
 
   
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