3701-2024 Agreement with His Majesty the King (CCRF Grant Amendment)
BEING A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN HIS MAJESTY THE KING IN RIGHT OF CANADA (HIS MAJESTY) HEREBY REPRESENTED BY TEH MINISTER RESPONSIBLE FOR THE FEDERAL ECONOMIC DEVELOPMENT AGENCY FOR SOUTHERN ONTARIO (MINISTER) AND THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
Passed by Council April 15, 2024
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3701-2024
BEING A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN HIS MAJESTY THE
KING IN RIGHT OF CANADA (HIS MAJESTY) HEREBY REPRESENTED BY THE
MINISTER RESPONSIBLE FOR THE FEDERAL ECONOMIC DEVELOPMENT
AGENCY FOR SOUTHERN ONTARIO (MINISTER) AND THE CORPORATION OF
THE TOWNSHIP OF AUGUSTA
WHEREAS the Municipal Act 2001, SO 2001, Chapter 25, as amended, provides that a
municipality has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under this Act;
WHEREAS there has been an amendment to the cost categories from the original
agreement.
WHEREAS there is sufficient budget set aside for the project;
AND WHEREAS the Council of the Township of Augusta wishes to enter into an
agreement with His Majesty;
NOW THEREFORE the Council of the Township of Augusta hereby enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to sign the Canada Community
Revitalization Fund Amending Agreement #2.
2. THAT Schedule A shall form part of this By-Law.
3. THAT this By-Law will come into force and take effect on its passing.
Read a first, second, and third time and finally passed this 15th day of April, 2024.
Signed by Mayor Jeff Shave and Clerk Annette Simonian
Project No: 1000653
CANADA COMMUNITY REVITALIZATION FUND
AMENDING AGREEMENT #02
This Amending Agreement is made as of March 20, 2024
BETWEEN:
HIS MAJESTY THE KING IN RIGHT OF CANADA
(“His Majesty”) hereby represented by the Minister responsible for the
Federal Economic Development Agency for Southern Ontario
(“Minister”)
AND:
CORPORATION OF THE TOWNSHIP OF AUGUSTA
(“Recipient”) a Municipality established under the laws of Ontario.
(collectively referred to as the “Parties”)
WHEREAS the Minister and the Recipient entered into a contribution agreement made as of
April 27, 2022, and amendment agreement #01, made as of January 20, 2023, under the Canada
Community Revitalization Fund (“Contribution Agreement”,), whereby the Minister agreed to
make a non-repayable contribution to the Recipient in the maximum amount of $720,907 in
support of the Recipient’s Eligible Costs (as defined herein) of the Project; and
WHEREAS the Parties wish to amend the Contribution Agreement as specified in Section 3
hereof
NOW THEREFORE in consideration of their respective obligations contained herein, the Parties
agree to the following:
1. Interpretation
All capitalized terms used and not otherwise defined herein will have the meanings given to
them in the Contribution Agreement.
2. Execution
This Amending Agreement must be executed by the Recipient and received by the Minister
within two (2) days of its signature on behalf of the Minister,
3. Amendment
3.1 In the Contribution Agreement, Annex 1— Statement of Work, is hereby deleted and
replaced by a new Annex I – Statement of Work attached hereto attached as Schedule I.
4. General
4.1 The Contribution Agreement and this Amending Agreement will henceforth be read
together and will have the effect as if all the provisions of such agreements were contained
in one instrument.
4.2 Except for the amendments expressly set Forth in this Amending Agreement. the other
terms and provisions of the Contribution Agreement remain unchanged.
4.3 This Amending Agreement is governed by the laws of the Province of Ontario and the
laws of Canada applicable therein.
4.4 This Amending Agreement maybe executed and delivered in any number of counterparts,
each of which when executed and delivered is an original but all of which taken together
constitutes one and the same instrument.
4.5 Each of the Parties shall, at the request of’ the other Party to this Amending Agreement,
execute such documents and do such acts as may be reasonably required to carry out the
terms of this Amending Agreement
4.6 This Amending Agreement shall ensure to the benefit of, and be binding upon, the Parties
and their respective successors and permitted assigns.
4.7 No modification, supplement or amendment to this Amending Agreement shall be
binding unless executed in writing by all of the Parties hereto.
IN WITNESS WHEREOF the Parties hereto have executed this Amending Agreement through
duly authorized representatives.
Project #: 1000653— Amending Agreement #02
HIS MAJESTY THE KING IN RIGHT OF CANADA
Per: signed by Wilson, Mark
Mark Wilson, Manager
Canada Community Revitalization Fund
Federal Economic Development Agency
for South Ontario
CORPORATION OF THE TOWNSHIP OF AUGUSTA
Per: signed by Jeff Shaver
Mayor
Date: 3/21/24
Per: signed by Annette Simonian
Clerk
Date: 3/21/24
I have authority to bind the corporation.
SCHEDULE 1
Annex 1
CANADA COMMUNITY REVITALIZATION FUND
STATEMENT OF WORK
1000653- Augusta Township
Primary Project Location: 8103 Main Street. North Augusta, ON KOE ITO
Project Start Date: April 1,2022
Project Completion Date: March 31.2024
Project Description/Purpose/Objective
By March 31, 2024. the Corporation of the Township of Augusta will demolish the former Masonic Hall
building to make room for outdoor improvements, utilize the property to develop a multifunction, year
round facility by developing/renewing the existing outdoor space for tennis, pickle ball, park/playground, and a three season rink surface, surrounded by a paved accessible walking track. The project will include the construction of a new Pavillion to support the new Facilities including storage space, accessible washrooms, general purpose area and a canteen. New parking facilities will also be added.
Activities
Activity & Estimated Completion Date
Demolish existing building: March31, 2023
Confirm uses and prepare site plan: March31, 2023
Construct outdoor tennis/pickle ball courts: September 30, 2023
Construct/improve Park/Playground: September 30, 2023
Construct rink surface and walking track: October 15, 2023
Construct new Pavillion: December 31, 2023
Parking improvements: March 31, 2024
Landscaping: March 31, 2024
Statement on Diversity and Inclusion
The Agency and the Recipient recognize and acknowledge their shared commitment to support a more
diverse and inclusive Southern Ontario and Canadian economy. Throughout the duration of the Project, the Recipient agrees to engage with the Agency on their approach(es) to fostering diversity and inclusion within their organization. Examples could include:
• Collecting data and preparing reports on the Recipient’s workforce and participant (defined as
collaborators, businesses supported. etc.) demographic composition (on a disaggregated basis)
including baseline infonnation;
• Developing and implementing a workplace diversity plan that could include efforts such as
increasing senior leadership and workforce participation of underrepresented groups, providing
skills development training programs for members of underrepresented groups as defined in the
Employment EqufLv Act, or other initiatives;
• Identifying ways to leverage the supply chains and procurement opportunities within southern
Ontario to access goods and services from businesses that are predominantly owned, operated and
controlled by underrepresented groups as defined in the Employment Equity Act and consistent
with the Government of Canada’s Indigenous procurement practices, and
• Considering registering as a participant under Canada’s 50-30 Challenge.
Expected Results of the Project
• The Corporation of the Township of Augusta has demolished the former Masonic Hall and
utilized the property to build a multifunction, year-round facility.
• Developed/renewed the existing outdoor space for tennis, pickle ball, park/playground, and a
three season rink surface, surrounded by a paved accessible walking track, constructed a new
Pavillion, and improved/developed new parking facilities.
• The Recipient ensures that the infrastructure asset related to the Project is and will remain open,
available and accessible to the public.
Key Project Impacts
The Recipient will track performance against these indicators and report on progress and final results as per Annex 3 of this Agreement.
Mandatory Indicators
Measurement / At Project End
Total cash leveraged / $258,302
Number of community public spaces created / 0
Number of community public spaces expanded / 0
Number of community public spaces improved / 1
Jobs (Mandatory)
Project Costs & Financing
Notes:
1. Eligible and Supported Costs include the amount of the harmonized sales tax (1-1ST), net of any refund or eligible credits due from the Canada Revenue Agency.
2. The Recipient shall not redirect funding amount between cost categories without the prior written consent of the Minister.
3. FedDev Ontario’s contribution allocations by Fiscal Year will not be reallocated without the prior written consent of the Minister. The Minister has no obligation to pay any amounts in any other Fiscal Years than those specified above. Failure to adhere to Fiscal Year allocations can result in a reduced contribution amount.
4. Eligible Costs is the sum of Eligible and Supported Costs and Eligible and Not-Supported costs.
5. Facility construction/renovations including by not limited to construction, purchase of materials, enhancements, alterations, restoration and/or the undertaking of leasehold improvements on fixed capital assets including reinforcement and replacement of lintels. basement stair replacement, installation of main stairs/lift, kitchen construction, installation of accessible washrooms, re-trussing and addition of roof. paving of parking spaces and shoulders, installation of planter boxes and beautification of curbs as described above in the Project Description/Purpose/Objective.
6. Project Management including but not limited to costs associated with the oversight and administration of the project such as the costs of a public announcement, an official ceremony, of required temporary or permanent signage. environmental assessments, or monitoring and follow-up activities.