3635-2023 Agreement with His Majesty the King (Accessibility Projects)
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH HIS MAJESTY THE KING IN RIGHT OF CANADA AS REPRESENTED BY THE MINISTER OF EMPLOYMENT AND SOCIAL DEVELOPMENT
Passed by Council May 8, 2023
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3635-2023
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH HIS
MAJESTY THE KING IN RIGHT OF CANADA AS REPRESENTED BY
THE MINISTER OF EMPLOYMENT AND SOCIAL DEVELOPMENT
WHEREAS the Municipality of Augusta wishes to enter into an Agreement with His
Majesty the King in right of Canada;
NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF AUGUSTA HEREBY
ENACTS AS FOLLOWS:
1. THAT the Mayor and the Clerk are hereby authorized to execute on behalf of the
TOWNSHIP OF AUGUSTA this Amended Agreement for Accessibility Projects for
the transfer of funds between His Majesty the King as represented by the Minister
of Employment and Social Services and Augusta Township as in Schedule A
attached hereto.
2. THAT Schedule A shall form part of this By-Law.
READ a first, second, and third time and finally passed this 8th day of May, 2023
Signed by Mayor Jeff Shaver and Clerk Annette Simonian
Project number:
017338120
Articles of Agreement
Between
His Majesty the King in Right of Canada
(Hereinafter referred to as “Canada’), as represented by
the Minister of Employment and Social Development
And
Corporation of the Township of Augusta
(Hereinafter referred to as “the Recipient”)
Hereinafter collectively referred to as “the Parties”
Whereas the Recipient has applied to Canada for funding to carry out the project;
Whereas Canada has determined that the Recipient is eligible for a grant under the Program mentioned in Schedule A – Project Description
and Signatures and that the Project qualifies for support; and
Whereas Canada has agreed to provide a grant to the Recipient to help it to implement the project;
Now, therefore, the Parties agree as follows:
1.0 Agreement
1.1 The following documents, and any amendments thereto, constitute the entire agreement between the Parties with
respect to its subject matter and supersedes all previous understandings, agreements, negotiations and documents
collateral, oral or otherwise between them relating to its subject matter:
(a) These Articles of Agreement
(b) Schedule A – Project Description and Signatures
2.0 Interpretation
2.1 Unless the context requires otherwise, the expressions listed below have the following meanings for the purposes of this Agreement:
“Eligible Expenditures means the expenditures listed in the Project budget in Schedule A – Project Description and Signatures;
“Fiscal Year” means the period commencing on April 1 in one calendar year and ending on March 31 in the next calendar year:
“Grant’ means the grant funds provided by Canada under this Agreement;
“Project’ means the project described in Schedule A Project Description and Signatures;
“Project Period” means the period beginning on the Project Start Date and ending on the Project End Date specified in Schedule A – Project Description and Signatures; and
“Working Day” means Monday through Friday except statutory holidays.
3.0 Effective Date and duration
3.1 This Agreement shall come into effect on the date it is signed by both Parties and, subject to section 32, shall expire at the end of the Project Period unless the Agreement is terminated on a prior date in accordance with the terms of this Agreement.
3.2 Notwithstanding section 3,1, the rights and obligations of the parties, which by their nature, extend beyond the expiration or termination of this Agreement shall survive such expiration or termination.
4.0 Purpose of the Grant
4.1 The purpose of the funding granted by Canada according to the terms of this Agreement is to enable the Recipient to carry out the Project. The Recipient shall use the grant for paying the Eligible Expenditures of the Project
5.0 Payment of the Grant
5.1 Canada will pay the Recipient a grant in the amount specified in Schedule A Project Description and Signatures. The grant will be paid in instalments in accordance with the instalment schedule set out under Payment Method Schedule A – Project Description and Signatures.
6.0 Appropriation
6.1 Any payment under this Agreement is subject to the appropriation of funds by Parliament for the Fiscal Year in which the payment is to be made.
7.0 Reduction or Termination of Funding
7.1 Canada may, upon not less than ninety (90) days’ notice, reduce its funding under this Agreement or terminate the Agreement as per article 15.0 if:
(a) the level of funding for the Program named in this Agreement for the Fiscal Year in which the payment is to be made under the Agreement is reduced as a result of a governmental or departmental spending decision, or
(b) Parliament reduces the appropriation of funds for grants under the Program named in this Agreement.
7.2 Where, Canada gives notice of its intention to reduce its funding pursuant to section 7.1, and the Recipient is of the opinion that it will be unable to complete the Project in the manner desired by the Recipient, the Recipient may terminate the Agreement upon not less than thirty (30) days notice to Canada.
8.0 Recipient Declarations
8.1 The Recipient
(a) declares that it has provided Canada with a true and accurate list of all amounts owing to the Government of Canada under legislation or funding agreements which were past due and in arrears at the time of the Recipients Application for Funding under the Program named in This Agreement;
(b) agrees to declare any amounts owing to the Government of Canada under legislation or funding agreements which have become past due and in arrears following the date of its Application for Funding,
(c) recognizes that Canada may recover any amounts referred to in paragraph (a) or (b) that are owing by deducting or setting off such amounts from any sum of money that may be due or payable to the Recipient under this Agreement; and
(d) declares to use a fair, accountable and transparent process when procuring goods and/or for services in relation to the Project.
8.2 The Recipient declares that any person who has been lobbying on its behalf to obtain the grant that is the subject of this Agreement was in compliance with the provisions of the Lobbying Act (AS. C., 1985, c. 44 (4th Supp.)), as amended from time to time, at the time the lobbying occurred and that any such person to whom the Lobbying Act applies has received, or will receive, no payment, directly or indirectly, from the Recipient that is in whole or in part contingent on obtaining this Agreement.
9.0 Project Records
9.1 The Recipient shall keep proper books and records of the grant received and of all expenditures made using the grant relating to the Project.
9.2 The Recipient shall retain the books and records referred to in section 91 for a period of three (3) years following the Project Period.
9.3 During the period of the project as well as the period referred to in section 9.2, the Recipient shall give access to its files, books and records related to the project upon request and within a reasonable time, to representatives of Canada for the purpose of verifying The use of the grant and compliance with the terms and conditions of this Agreement The Recipient shall permit Canada’s representatives to take copies and extracts from such books and records. The Recipient shall also provide Canada with such additional information as Canada may require with reference to such books and records.
10.0 Inquiry by the Auditor General of Canada
10.1 If, during the Project Period or within the period referred to in 9.2, the Auditor General of Canada, in relation to an inquiry conducted under subsection 7.1 (1) of the Auditor General Act (A. S.C., 1985, c. A-I 7), requests that the Recipient provide him or her with any records, documents or other information pertaining to the utilization of the funding provided under this Agreement, the Recipient shall provide the records, documents or other information within such period of time as may be reasonably requested in writing by the Auditor General of Canada. (Not applicable to municipalities or other recipients excluded by the application of the Act)
11.0 Reporting
11.1 The Recipient shall submit to Canada, a complete final report acceptable to Canada that outlines the results of the Project within thirty (30) days following the Project Period.
12.0 Continuous Eligibility
12.1 The Recipient must, during the Project Period, continue to meet the eligibility requirements of the Program named in this Agreement which were effective upon signature of the agreement. As such, the Recipient agrees to promptly notify Canada should a change in the Recipient’s status or a change in Project activities result in the Project no longer meeting the eligibility criteria of the Program which were effective upon signature of this Agreement.
13.0 Evaluation
13.1 The Recipient recognizes that Canada is responsible for the evaluation of the Program named in this Agreement. The Recipient agrees to cooperate with Canada for the duration of the Project and within a period of three (3) years thereafter by providing access to the information required to carry out the evaluation.
14.0 Termination of Agreement
Termination for Default
14.1 (1) The following constitute Events of Default:
(a) the Recipient becomes bankrupt, has a receiving order made against it. makes an assignment for the benefit of creditors, takes the benefit of a statute relating to bankrupt or insolvent debtors or an order is made or resolution passed for the winding up of the Recipient (section 14.1 (fl(a) not applicable to municipalities or school boards);
(b) the Recipient ceases to operate (section 14.1 (1)(a) not applicable to municipalities or school boards);
(c) the Recipient is in breach of the performance of, or compliance with, any provision of this Agreement:
(d) the Recipient. in support of its Agreement, has made materially false or misleading representations. statements or declarations, or provided materially false or misleading information to Canada; or
(e) in the opinion of Canada. the risk in the Recipient’s ability to complete the Project has changed substantially and unfavorably.
(2) If
(a) an Event of Default specified in paragraph (fl(a) or (b) occurs (section 14.1 (fl(a) not applicable to
municipalities or school boards); or
(b) an Event of Default specified in paragraphs ((c), (d) or (e) occurs and has not been remedied within thirty (30) days of receipt by the Recipient of written notice of default or within such longer period as Canada may specify, or a plan satisfactory to Canada to remedy such Event of Default has not been put into place within such time period
Canada may terminate the Agreement immediately by written notice. Effective on that date, Canada has no more obligations to pay any remaining instalments of the grant as specified in the Agreement.
(3) Pursuant to paragraph 14.1 (2)(b), Canada may suspend payment of any further instalment of the grant under this Agreement.
(4) The fact that Canada refrains from exercising a remedy it 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 upon Canada shall not prevent Canada in any way from later
exercising any other right or remedy under this Agreement or other applicable law.
14.2 Either Parties may also terminate this Agreement at any time without cause upon not less than ninety (90) days written notice of intention to terminate.
15.0 Repayment Requirements
15.1 (1) When a written notice is provided by either one of the Parties pursuant to section 7 or section 14:
(a) the Recipient must rot make any new commitment related tome project which may generate eligible expenditures and must cancel any ongoing commitments, or where possible, reduce the amount of such expenditures arising from any commitment; and
(b) all eligible expenditures incurred by the Recipient up to the date of termination will be paid by Canada, including direct costs and incidentals related to the cancellation of obligations of the Recipient for the termination of the agreement; a payment or a reimbursement will be made under this paragraph only if it has been demonstrated to the satisfaction of Canada that the Recipient has actually incurred the expenses and they are reasonable and related to the termination of the agreement.
(2) If this Agreement is terminated by the Recipient in accordance with section 14.2, the latter shall reimburse Canada the unused grant funds in its possession or under its control within thirty (30) days.
15.2 Notwithstanding section 15.1, if the Agreement is terminated under section 14.1 by Canada because the Recipient uses the grant for a purpose or expenditures not agreed upon under this Agreement, Canada may in addition to the rights conferred upon it under this Agreement or in law or in equity, demand from the Recipient the repayment of the grant funds that were used by the Recipient for purposes other than the Project or used for costs that were not Eligible Expenditures.
15.3 If Canada demands the repayment of any part of the grant pursuant to section 15.1 or section 15.2, the amount demanded shall be deemed to be a debt due and owing to Canada and the Recipient shall pay the amount to Canada immediately unless Canada directs otherwise.
15.4 Interest shall be charged on overdue repayments owing under this Agreement in accordance with the interest and Administrative Charges Regulations (30PJ96-188) (the Regulations”) made pursuant to the Financial Administration Act (P. S. C., 1965, c. F-I I). Interest is calculated and compounded monthly at the average bank rate”, within the meaning of such expression as contained in the Regulations, plus three per cent (3%) during the period beginning on the due date specified in the notice to repay and ending on the day before the day on which payment is received by Canada.
16.0 Indemnification
16.1 The Recipient shah, both during and following the Project Period, indemnify and save Canada harmless from and against all claims, losses, damages, costs, expenses and other actions made, sustained, brought, threatened to be brought or prosecuted, in any manner based upon, occasioned by or attributable to any injury or death of a person, or loss or damage to property caused or alleged to be caused by any wilful or negligent act, omission or delay on the part of the Recipient or its employees or agents in connection with anything purported to be or required to be provided by or done by the Recipient pursuant to this Agreement or done otherwise in connection with the implementation of the
Project. It is understood that Canada cannot claim compensation under this section in case of accident, loss or damage caused by Canada or its employees.
17.0 Relationship between the Parties and Non-Liability of Canada
17.1 The management and supervision of the Project are the sole and absolute responsibility of the Recipient. The Recipient is not in any way authorized to make a promise, agreement or contract on behalf of Canada. This Agreement is a funding agreement only, not a contract obtaining services or a contract of service or employment. Canada’s responsibility is limited to providing financial assistance to the Recipient in support of the Project. The parties hereto declare that nothing in this Agreement shall be construed as creating a partnership, an employer-employee, or agency relationship between them. The Recipient shall not represent itself as an agent, employee or partner of Canada.
17.2 Nothing in this Agreement creates any undertaking, commitment or obligation by Canada respecting additional or future funding of the Project beyond the Project Period, or that exceeds the amount of Canada’s funding as indicated in the Agreement. Canada shall not be liable for any loan, capital lease or other long-term obligation which the Recipient may enter into in relation to carrying out its responsibilities under this Agreement or for any obligation incurred by the Recipient toward another party in relation to the Project.
18.0 Conflict of Interest
18.1 No current or former public servant or public office holder to whom the Conflict of Interest Act (S. C. 2006, c. 9, s. 2), the Policy on Conflict of Interest and Post-Employment or the Values and Ethics Code for the Public Sector applies shall derive a direct benefit from the Agreement unless the provision or receipt of such benefit is in compliance with the said legislation or codes.
18.2 No member of the Senate or the House of Commons shall be admitted to any share or part of the Agreement or to any benefit arising from it that is not otherwise available to the general public.
19.0 Informing Canadians of the Government of Canada’s Funding
19.1 The Recipient shall allow Canada sixty (60) days from the date of signature of the Agreement to announce the Project The parties will collaborate for the first public announcement of the project. including all communication, event or ceremony used to promote the project. The time, place and agenda for such communication activities must be appropriate for Canada.
19.2 To enable Canada’s participation in any subsequent communications activities about the project the Recipient will inform Canada no later than twenty (20) calendar days preceding such communication activities.
19.3 The Recipient shah ensure that all communication activities, publications and advertising (including on social media or websites) relating to the project include the recognition of Canada’s financial assistance to the satisfaction of Canada.
20.0 Access to Information
20.1 The Recipient acknowledges that Canada is subject to the Access to Information Act (R.S.C.. 1985, c. A-I), and information obtained by Canada pertaining to this Agreement may be disclosed by Canada to the public upon request under the aforementioned act.
21.0 Proactive Disclosure
21.1 The Recipient acknowledges that the name of the Recipient, the amount of Canada’s funding and the general nature of the Project may be made publicly available by Canada in accordance with the Government of Canada’s commitment to proactively disclose the awarding of grants and contributions.
22.0 Notices
22.1 Any notices to be given and all reports, information correspondence and other documents to be provided by either party under this Agreement shalt be given or provided by personal delivery, mail, courier service, fax or email to the postal address, fax number or email address, as the case may be, of the receiving party. If there is any change to the postal address, fax number or email address or contact
person of a party, the party concerned shall notify the other in writing of the change as soon as possible.
22.2 Notices, reports, information, correspondence and other documents that are delivered personally or by courier service shall be deemed to have been received upon delivery, or if sent by mail five (5) working days after the date of mailing, or in the case of notices and documents sent by fax or email, one (1) working day after they are sent.
23.0 Assignment of the Agreement
23.1 The Recipient shall not assign this Agreement or any part thereof without the prior written consent of Canada.
24.0 Successors and Assigns
24.1 This Agreements binding upon the parties and their respective successors and assigns.
25.0 Compliance with Laws
25.1 This Agreement shall be governed by and interpreted in accordance with the applicable laws of the province or territory where the Project will be performed. The parties agree that the Court of the province or territory where the Project will be performed is competent to hear any dispute arising out of this agreement.
25.2 The Recipient shall carry out the Project in compliance with all applicable laws, by-laws and regulations, including any environmental legislation and any legislation regarding protection of information and privacy. The Recipient shall obtain, prior to the commencement of the
Project, all permits, licenses, consents and other authorizations that are necessary to the carrying out of the Project.
26.0 Amendment
26.1 This Agreement may be amended. with respect to applicable laws. by mutual consent of the parties. To be valid, any amendment to this Agreement shall be in writing and signed by the parties.
27.0 Unincorporated Association
27.1 If the Recipient :s an unincorporated association, it is understood and agreed by the persons signing this Agreement on behalf of the Recipient that in addition to signing this Agreement in their representative capacities on behalf of the members of the Recipient, they shall be personally, jointly and severally liable for the obligations of the Recipient under this Agreement, including the obligation to pay any debt that may become owing to Canada under this Agreement.
28.0 Communication with the Public
28.1 The Recipient shall clearly identify the project’s clientele, and shall take the appropriate steps to communicate with the target audience.
29.0 Agreement without Prejudice [clause applicable only in Québec]
29.1 This Agreement is without prejudice to discussions underway between the Quebec Government and Canada for the purpose of establishing new standard agreements for the application of An Act respecting the Ministere c/u Canseil exécutif (CQLR, chapter M-30) in regards to Funding Agreements related to the programs of the Department of Employment and Social Development.
Section C Schedule A – Project Description and Signatures (to be completed by ESDC)
Common System for Grants and Contributions (C5GC) File Number: 017336120
Project Title: North Augusta Community Hall Renovation
Program Name: Enabling Accessibility Fund -Grants
This Application is: Approved
Grant Amount:
Amount Requested: $ 100000 Amount Approved: $ 100000
Project description and Budget adjustments:
Activities and Timelines:
Amendment 2:
The amended agreement consists of extending the project duration to June ae, 2024 and changing all original project activities to create two accessible
playgrounds instead.
Amendment 1:
The amended agreement consists of extending the project duration until June 30, 2023.
Original Project Activities:
The project consists of constructing three exterior ramps, installing new automated doors and adding an accessible bathroom.
Budget:
Amendment 1 and 2:
No budget change.
Original Budget Adjustment Rationale:
The amount recommended and approved was increased to match the flat-rate calculation.
Other Conditions:
Condition related to the Official Languages Act:
The Recipient acknowledges that Canada is subject to the Official Language Act and, as such, must actively offer project-related services, make project-related documentation and announcements in both official languages.
Specific Obligations Related to the Project:
i.e.: publication or research, or other tool printed or published in both languages.
Please note that projects funded by EAF must comply with accessibility guidelines and regulations. Please refer to the fact sheet provided by ESDC for more information.
Project Period:
From: 2020/10116 To: 2024/06/30
Payment Method:
Number of Installment(s): I
1st Installment Amount: $100000
1st Installment Date: 2020/10/16
Date of Approval: 2023/04/14
Canada signing authority on behalf of the Minister of Employment and Social Development
For the Recipient (to be completed by the recipient)
– I certify that I have the capacity and that I am authorized to sign the Articles of Agreement of this grant on behalf of the “Recipient” organization;
– I have read, understand and agree to these Articles of Agreement and I agree that once approved and signed by both parties, these Articles of Agreement will be effective immediately and shall constitute a legally binding agreement.
Signed by Mayor Jeff Shaver & Clerk Annette Simonian
Name of organization: Corporation of the Township of Augusta
Effective date: 2023-05—01
NOTICE TO SIGNATORIES
The information provided is collected under the authority of the Department of Employment and
Social Development Act. The information in this Signing Officers Form will be used and may be
disclosed for the purposes of validating the identity of individuals within the applicant organization
having the authority to sign agreements. cheques and reports. Signatories to this form may be
asked to provide additional information and/or documentation confirming their respective identities
and roles within the recipient organization.
Completion of this form is voluntary; however, refusal to provide information will result in the
applicant not being considered for funding.
The information provided may be shared with external consultants, review committee members,
officials in other departments, federal, provincial and/or territorial governments or Members of
Parliament for the purpose of review and verification.
The information provided may be used and/or disclosed for policy analysis, research and/or
evaluation purposes. In order to conduct these activities, various sources of information under the
custody and control of Employment and Social Development Canada (ESDC) may be linked.
However, these additional uses and/or disclosures of personal information will never result in an
administrative decision being made about an individual.
Personal information gathered in this form and/or made available to ESDC for further identification
purposes, will be administered in accordance with the Privacy Act and the provisions governing the
protection of personal information that are set out in the Department of Employment and Social
Development Act, as applicable. The Privacy Act provides every person with a right to the
protection of, and access to their personal information, which is described in Personal Information
Bank(s) ESDC PPU 296. Instructions for obtaining this information are outlined in the government
publication entitled Info Source, which is available at the following web site address:
http://www.infosource.gc.ca. Info Source may also be accessed on-line at any Service Canada
Centre.
CERTIFICATION
The Persons providing a specimen signature within this form, in so signing certify as follows:
a) that I am the person with the name indicated alongside my specimen signature;
b) that will make available to Employment and Social Development Canada, upon their
request, the necessary documentation for the purposes of further identification; and,
c) that I hold the title listed below and, in this capacity, am authorized to sign on behalf of the
applicant organization in accordance with the organization’s incorporating documents. bi-
laws, or other relevant documents.
Section 1: Signing Officers for Agreement Purposes
(According to Letters, Patents or Other Incorporating Documents)
Please provide the name, title and specimen signature of the person(s) authorized to sign.
Signed by Mayor Jeff Shaver, Deputy Mayor Adrian Wynands, CAO Shannon Geraghty and Clerk Annette Simonian
How many of the above signatures are require to bind your organization onto a legal agreement? 1
Section 2: Signing Officers for Cheque purposes on behalf of your organization.
Please provide the name, title and specimen signature of the person(s) authorized to sign.
Signed by Mayor Jeff Shaver, Deputy Mayor Adrian Wynands, CAO Shannon Geraghty and Clerk Annette Simonian and Treasurer Mark McDonald
How many signatures are required to sign a cheque on behalf of your organization? 2
Section 3: Signing Officer for Reports submitted to ESDC.
Please provide the name, title and specimen signature of the person(s) authorized to sign.
Signed by CAO Shannon Geraghty and Clerk Annette Simonian
How many signatures are required to sign a report submitted to ESDC? 1
Please note that it is the organization’s responsibility to provide an updated Signing Officers Form
to the Department if changes occur.
