2870-2011 Agreement with Veterans Affairs Canada (Cenotaph/Monument Restoration Program)
BEING A BY-LAW TO AUTHORIZE THE CAO TO EXECUTE AN AGREEMENT WIHT HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS REPRESENTED BY THE MINISTER OF VETERANS AFFAIRS CANADA
Passed by Council March 7, 2011
CORPORATION OF THE TOWNSHIP OF AUGUSTA
ED BY-LAW NUMBER 2870
A BY-LAW TO AUTHORIZE THE CAO TO EXECUTE AN AGREEMENT WITH HER
MAJESTY THE QUEEN IN RIGHT OF CANADA
AS REPRESENTED BY THE MINISTER OF VETERANS AFFAIRS CANADA
WHEREAS the Municipal Act 2001, SO 2001, Chapter 25, Section 9 gives the
municipality the capacity, rights, powers and privileges of a natural person for the purpose
of exercising its authority under this Act;
AND WHEREAS the Municipal Act 2001, SO 2001, Chapter 25, Section 8(1) states that
the powers of a municipality shall be interpreted broadly so as to confer broad authority
on municipalities to govern their affairs as they consider appropriate and to enhance their
ability to respond to municipal issues;
AND WHEREAS the Municipal Act 2001, SO 2001, Chapter 25, Section 8(2) states that
in the event of ambiguity, the ambiguity shall be resolved so as to include, rather than
exclude, municipal powers that existed before the Municipal Act, 2001 came into force;
AND WHEREAS the Council of the Corporation of the Township of Augusta desires to
enter into an agreement with Her Majesty the Queen in Right of Canada as represented
by the Minister of Veterans Affairs Canada for funding under the Cenotaph/Monument
Restoration Program.
NOW THEREFORE the Council of The Corporation of the Township of Augusta enacts as
follows:
1. The CAO is hereby authorized to execute the agreement attached hereto as
Schedule “A”.
2. Schedule “A” attached hereto shall form part of this by-law.
READ a first and second time this 7th day of March, 2011.
READ a third time and passed this 7h day of March, 2011.
Signed by Reeve Mel Campbell and Clerk Richard Bennett
CONTRIBUTION AGREEMENT
BETWEEN
HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by the Minister of
Veterans Affairs Canada
(the “Minister”)
AND
THE TOWNSHIP OF AUGUSTA as represented by the Chief Administrative Officer
(the “Recipient”)
WHEREAS the Minister has established a Cenotaph/Monument Restoration Program under which
a commitment has been made to the expenditure of funds to establish a program to assist
communities to properly conserve their cenotaphs/monuments which were created to honour
Canada’s war dead and Veterans;
AND the Recipient has made an application for financial assistance and is prepared to expend and
to account for the use of such financial assistance;
AND the Minister has approved a contribution.
THEREFORE the Minister and the Recipient agree as follows:
1. Interpretation
In this agreement:
1.1 “Eligible Costs” means the direct costs as described in Appendix “A”, required to
carry out the Project, to which the Minister intends to contribute and that are
considered essential by the Minister to its success.
1.2 “Project” means the activities, work and costs described in Appendix “A”;
2. Contribution
2.1 In order to carry out the Project and subject to the terms of this agreement, the
Minister will make a contribution (the “Contribution”) of an amount not to exceed
50% (fifty percent) of eligible costs, to a maximum of $4,080 (four thousand and
eighty dollars), associated to the restoration activities incurred with respect to the
Project. The Minister shall not contribute to any costs incurred by the Recipient prior
to November 9, 2010.
2.2 The amounts to be paid by the Minister on account under this agreement shall not
exceed:
2.2.1 $4,080 (four thousand and eighty dollars) in the federal fiscal year 2011-2012
(commencing April 1, 2011 and ending March 31, 2012);
2.3 The payment of this contribution is subject to there being an appropriation by
Parliament for each fiscal year during which this Agreement subsists.
3. Conditions Governing Payment of the Contribution
The Minister shall pay the contribution referred to in paragraph 2 as follows:
3.1 Reimbursement upon receipt and approval by the Minister of a claim for payment as
described in paragraph 3.2 of this Agreement.
3.2 A claim for payment shall be accompanied by:
3.2.1 an itemized accounting statement with respect to the Project outlining:
3.2.1.1 revenue and expenditure incurred to date;
3.2.1.2 revised forecast for revenue and expenditure for the total
project;
3.2.1.3 copies of the invoices that have been paid.
3.2.2 a written report on the current status of the Project.
3.3 The final payment will be paid upon receipt and approval of the following
documents, signed by a member with designated signing authority for the Recipient:
3.3.1 a financial statement of revenue and expenditure in respect to the Project;
3.3.2 a final detailed report on the Project, including pictures of the restored
cenotaph/monument, as described in Appendix A, including:
3.3.2.1 an assessment of the Project results and the extent to which
the Project has met program objectives as stated in your
application; and
3.3.2.2 a statement to the effect that all of the obligations of the
Recipient, under this agreement, have been met including
federal and provincial environmental requirements and
provincial/municipal fire and safety standards.
3.4 The Recipient renews its representations on making each request for payment.
3.5 In the event that the Recipient is unable to complete the Project before the end of the
fiscal year, and disbursements cannot be made in accordance with paragraph 2.2 of
the Agreement, the Recipient must inform the Minister in writing prior to the end of
the fiscal year. The Minister reserves the right to determine the amounts and fiscal
years in which the subject amounts will be paid.
3.6 If an overpayment occurs or an audit indicates that expenditures were made for
ineligible items, the subject amount shall be reimbursed to the Receiver General of
Canada or shall become a debt due to Her Majesty the Queen in Right of Canada if
reimbursement is not made. The Minister reserves the right to deduct the excess
amount from any other payment required under this Agreement.
4. Representations by the Recipient
4.1 The Recipient declares that it has the capacity and authority to enter into this
Agreement and to carry out the Project and that it knows of no reason, fact or event,
current, imminent or probable, that would seriously compromise the Project’s
chances of success.
4.2 The Recipient declares that the description of the Project in Appendix “A” accurately
reflects what it intends to do, that the information contained therein is accurate and
that all relevant information has been disclosed.
4.3 The Recipient confirms that no former holder of a public office in the government
of Canada will obtain any direct or indirect benefit from this agreement or, that, if
he does, he has satisfied the requirements of the Conflict of Interest Code governing
employees who have left the public service; accordingly the Recipient shall fill in the
Questionnaire attached as Appendix C.
5. Obligations of the Recipient
5.1 During the term of this Agreement the Recipient shall:
5.1.1 take all necessary action to maintain itself in good standing, to preserve its
legal capacity and to inform the Minister without delay of any failure to do
so;
5.1.2 complete the Project and take all necessary action to carry it out successfully
within the time limits and the agreed budget in accordance with good
business practice and using qualified staff;
5.1.3 disclose to the Minister without delay any fact or event that may compromise
the Project’s chances of success, either immediately or in the long term.
5.2 The Recipient shall disclose, without delay and in any case before the last payment
of the Contribution is made, all government assistance granted for purposes of the
Project, and the Recipient acknowledges that the Minister may, in his absolute
discretion, reduce the Contribution accordingly.
5.3 The Recipient agrees that the expenditures it will incur and pay from the contribution
provided under this Agreement shall only be for the costs associated with the Project
and shall ensure that:
5.3.1 any contract(s) for work to be performed shall encourage use of the
competitive process wherever feasible and result in the procurement ofgoods
and services and the carrying out of the work so as to provide the best value
in meeting the need.
5.3.2 the method of pricing employed in all such contracts shall be the one most
appropriate to ensure best value and effective cost control.
5.3.3 within the limits of practicability, all qualified firms shall have an equal
opportunity to compete for such contracts.
6. Reports and Information
6.1 During the term of this Agreement, the Recipient shall:
6.1.1 preserve and make available for audit and examination by the Minister’s
representatives, proper books, accounts and records of the costs of the
Project, wherever such books, accounts and records may be located, and
permit any representative of the Minister to conduct such independent audits
and evaluations at the Minister’s expense, as the Minister may require;
6.1.2 provide any representative of the Minister with reasonable access to the
Recipient’s premises to assess the progress and results of the Project; and
6.1.3 supply promptly, on request, such data in respect of the Project and its results
as the Minister may require for purposes of this Agreement or for statistical
or program evaluation purposes.
6.2 All certifications, forecasts, reports, claims, financial statements or any other
document required to be submitted to the Minister pursuant to this Agreement must
be satisfactory to the Minister in form and substance and must be accompanied by
such substantiating documentation as the Minister may from time to time require.
7. Default and Remedies
7.1 The following constitute events of default:
7.1.1 the Recipient becomes bankrupt or insolvent or is placed in receivership or
takes the benefit of any statute relating to bankrupt and insolvent debtors;
7.1.2 an order is made or a resolution passed for the winding-up of the Recipient
or the Recipient is dissolved;
7.1.3 in the Minister’s opinion, there is a material adverse change in risk which
would jeopardize the success of the Project;
7.1.4 the Recipient, either directly or through its representatives, makes or has
made a false or misleading statement to the Minister;
7.1.5 in the Minister’s opinion, a term or condition or a commitment provided for
in the Agreement has not been respected;
7.1.6 the Recipient is not entitled to the Contribution.
7.2 Where there is an event of default or where, in the Minister’s opinion, there is likely
to be a default under this Agreement, the Minister may reduce the level of the
Contribution, suspend any payment of the Contribution, rescind this Agreement and
immediately terminate any financial obligation arising out of it and require
repayment of amounts already paid.
7.3 The fact that the Minister refrains from exercising a remedy he is entitled to exercise
under this Agreement shall not be considered to be a waiver of such right and,
furthermore, partial or limited exercise of a right conferred on him shall not prevent
him in any way from later exercising any other right or remedy under this Agreement
or other applicable law.
8. Announcements and Ceremonies
8.1 The Recipient shall acknowledge publicly the financial assistance of the Minister
using the guidelines attached as Appendix B.
9. Notices
9.1 Any notice, information or document required under this Agreement shall be given
if it is delivered, sent by facsimile, telex or mail (stamped or prepaid). Any notice
delivered, sent by facsimile or telex shall be deemed to have been received one
working day after it is sent; any notice that is mailed shall be deemed to have been
received eight (8) business days after it is mailed.
9.2 Either party may change the address shown in this Agreement by informing the other
party of the new address, and such change shall take effect 15 business days after the
notice is received.
9.3 All notices must be sent to the following addresses:
9.3.1 To the Minister:
Jenna Clark, Program Officer
Cenotaph/Monument Restoration Program
Veterans Affairs Canada
161 Grafton Street, P.O. Box 7700
Charlottetown, Prince Edward Island
C1A 8M9
Tel: (902) 566-7230
Fax: (902) 566-8501
9.3.2 To the Recipient:
Mr. Richard Bennett
Chief Administrative Officer
Township of Augusta
3560 County Road 26
Prescott, Ontario
KOE 1TO
Tel: (613) 925-4231
Fax: (613) 925-3499
10. General
10.1 No Member of the House of Commons is eligible to participate in this Agreement
or to receive any benefit from it.
10.2 This Agreement and the benefits arising from it are not assignable, except with the
prior written consent of the Minister.
10.3 The parties acknowledge that this Agreement does not constitute an association for
the purpose of establishing a partnership or joint venture and does not create an
agency relationship between the Minister and the Recipient.
10.4 This Agreement is for the benefit of the parties to it, their successors and permitted
assigns and is binding on them.
10.5 This Agreement shall be governed by and interpreted in accordance with the
applicable laws in the Province of Ontario, and the parties agree that the superior
court of that province and the appeal courts shall be competent to hear any case
relating to a dispute under this Agreement.
10.6 This Agreement takes precedence over and cancels and replaces any other
Agreement, undertaking, contract, quasi-contract or obligation that may have been
concluded or may exist between the parties with respect to the Project.
10.7 This Agreement takes effect from the date of the signature of the Minister and
terminates 3 years after the date of application.
10.8 This Agreement shall consist exclusively of the following documents:
10.1.1 Contribution Agreement
10.1.2 Appendix A, Description of Project, Eligible Costs and Final Report
10.1.3 Appendix B, Acknowledgment of VAC Support
10.1.4 Appendix C, Conflict of Interest Questionnaire
IN WITNESS WHEREOF, having read the Agreement, the parties have signed:
For the TOWNSHIP OF AUGUSTA as represented by the Chief Administrative Officer
at Maynard, Ontario this 14th day of March 2011.
Signed by CAO Richard Bennett and a witness.
For HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by the
Minister of Veterans Affairs Canada
at Charlottetown this 28 day of January 2011.
Signed by Keith Hillier, Assistant Deputy Minister Service Delivery and Commemoration Branch of Veterans Affairs Canada and witness Joanne Collier.
APPENDIX A
PROJECT
Project: North Augusta Cenotaph
All restoration work funded by Veterans Affairs Canada must follow the Cenotaph/Monument
Restoration Program (CMRP) Conservation Guidelines unless otherwise specified, in writing, by
CMRP management.
Eligible Costs: Costs associated with the following:
- Clean and restore the granite structure and marble soldier
- Remove and re-engrave the names on the monument
- Fill the grassed area surrounding the cenotaph with stone
Ineligible Costs: Costs associated with the following:
- Assessment fees (incurred prior to receipt of the application)
APPENDIX B
ACKNOWLEDGMENT OF DEPARTMENT SUPPORT
All Recipients are required to acknowledge publicly the financial assistance of the Government of
Canada. For this purpose, the Department has developed the following guidelines:
1. Public announcements and press releases are to be coordinated through the Department’s
Communications Branch via the Regional office. The Recipient will advise the Department
in advance of public announcements or press releases.
2. If the Recipient publishes an official document of any kind, space shall be set aside in a
mutually agreed section of the document for a message to participants from the Minister in
both official languages. The message will be prepared by the Department. The Recipient
will advise departmental officials well in advance of the publication.
APPENDIX C
FORMER PUBLIC OFFICE HOLDERS OR RECIPIENTS FOR CONTRIBUTIONS
QUESTIONNAIRE ON CONFLICT OF INTEREST
1. Do you presently employ in your organization a former public office holder who left the
federal government in the last twelve months? No.
2. Does your organization have as a board member a former public office holder who left
the federal government in the last twelve months? No.
3. If you have answered yes to question 1 or 2 above, was this person a SM (Senior
Manager) level or above while in public office?
4. If you have answered yes to question 2, would you please ask that the employee contact
his/her former department to obtain written confirmation that he/she is in compliance
with the post-employment provisions of the Conflict of Interest and Post-Employment
Code. Such confirmation must be provided to the Minister prior to the signing of any
Contribution Agreement by the Minister.
Signed by Recipient Richard Bennett
Dated March 14, 2011
