HomeMy WebLinkAboutBy-law No. 2014-024 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2014-024
A BY-LAW TO AUTHORIZE THE EXECUTION
OF A CONTRIBUTION AGREEMENT BETWEEN
THE MUNICIPALITY OF BAYHAM
AND
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
AS REPRESENTED BY THE MINISTER RESPONSIBLE FOR HUMAN RESOURCES
AND SKILLS DEVELOPMENT CANADA
REGARDING
THE ENABLING ACCESSIBILITY FUND
WHEREAS the Municipality of Bayham is desirous of proceeding with facility accessibility
improvements to the Vienna Community Centre;
AND WHEREAS Human Resources and Skills Development Canada has approved funding for
such project in an amount not to exceed$50,000 under the Enabling Accessibility Fund;
AND WHEREAS the Parties wish to proceed with the required Contribution Agreement;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute
the Agreement attached hereto as Schedule "A" and forming part of this by-law between
the Municipality of Bayham and Her Majesty the Queen in right of Canada as represented
by the Minister responsible for Human Resources and Skills Development Canada.
2. THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6TH DAY
OF MARCH 2014.
AYOR CLERK
Service
Canada
March 24, 2014
Kyle Kruger
Corporation of the Municipality of Bayham
9344 Plank Road
P.O. Box 160
Straffordville, Ontario
NOJ1Y0
Project Number: 012067930
Project Title: Vienna Community Centre Accessibility Improvements
Dear Mr. Kruger,
We are pleased to inform you that your application for a grant submitted under the
Small Project Component of the Enabling Accessibility Fund has been approved by
the Minister of Employment and Social Development Canada (ESDC). Your
organization will receive a total of$ 50,000 for your project "Vienna Community
Centre Accessibility Improvements".
Enclosed please find a signed copy of your grant application, which will serve as
the grant agreement between your organization and ESDC. This document
includes the objectives, activities, expected results, and the terms and conditions
for the funding of your grant.
The grant will be paid in one instalment shortly after the start date of your project
outlined in your grant agreement. In addition, to ensure that the project remains
eligible for funding, the approved project costs must not be incurred prior to this
start date.
Should you have any questions, please contact your Program Officer, Lynn
Leveillee by telephone at (819) 654-2677 or by email at lynn.leveillee@hrsdc-
rhdcc.gc.ca.
Sincerely,
e.
Lynn Leveillee
Project Officer
National Grants and Contributions Delivery Centre
Program Operations Branch
Canada
4+1
siclitrans n twins,and Re56dw S nuireineset
caracia
For use by HRSD only
1 l \ G
-
CSGC Project Number: Date Postmarked: D : '' iv' .:
-1-K4"443-21-cc 2012
!ZOLo4Q30 OCT 0 4 2012
i a
OCT 5 2012
ENABLING ACCESSIBILITY FUND
SMALL PROJECT COMPONENT
GRANT APPLICATION AND AGREEMENT
RELATING TO CALL FOR PROPOSALS
# CFP-NHQ-2012-NATIONALIEAF-006
Timeframe for Application Submissions: August 21, 2012 to October 5, 2012
Human Resources and Skills Development
important Note: You must review the companion Application Guidelines in order
to properly complete this Application and agreement. The application guidelines
provide information that will assist you in responding to the questions below and
will lead you through the information required for each part of this application
and agreement.
Page 1 of 33
TABLE OF CONTENTS
PART A-ABOUT YOUR ORGANIZATION 3
PART B -ABOUT YOUR PROJECT 6
PART C- FUNDING 12
PART D - ENVIRONMENTAL ASSESSMENT 19
PART E - LOBBYISTS DECLARATION 20
PART F-ADDITIONAL INFORMATION 20
PART G - DECLARATIONS AND AGREEMENT 21
PART H- GRANT TERMS AND CONDITIONS 24
PART I - HUMAN RESOURCES AND SKILLS DEVELOPMENT (HRSD)
APPROVAL 33
Page 2 of 33
PART A—ABOUT YOUR ORGANIZATION
ORGANIZATION INFORMATION
1. Legal name of your organization:
The Corporation of The Municipality of Bayham
2. Commonly used name of your organization, if different from legal name:
Municipality of Bayham
3. Year your organization was established: 1998
4. Check the box that best describes your organization.
❑ Not-for-profit organization
❑ College or university
® Small municipality (population under 250,000 as per census data)
❑ Territorial government
❑ Aboriginal government
❑ Small private-sector organization (fewer than 50 full-time employees and under
$5 million in gross revenue per year)
Attach a copy of a document that demonstrates that your organization falls into
the category you selected. This document is used to verify that your organization
is eligible for funding.
5. Does your organization have a Business Number from the Canada Revenue Agency
(CRA)?
® Yes ❑ No
' If'Yes', identify your organization's Business Number (e.g. 111111111 XX 1111):
8 7 4 1 8 2 7 6 9 R P 0 0 0 1
Page 3 of 33
6. Organization Address (physical location — no P.O. boxes):
Street Number and Name: 9344 Plank Road
City or Town: Straffordville
Province or Territory: Ontario
Postal Code: NOJ 1Y0
7. Mailing Address, if different from Organization Address:
Street Number and Name: 9344 Plank Road
Additional Information, if applicable (rural route number or P.O. box): PO Box 160
City or Town: Straffordville
Province or Territory: Ontario
Postal Code: NOJ 1Y0
8. Telephone Number(include Extension if applicable): 519-866-5521
9. Fax Number, if applicable: 519-866-3884
10.E-mail Address, if applicable: bayham@bayham.on.ca
11.Website Address, if applicable: www.bayham.on.ca
PROJECT CONTACT WITHIN APPLICANT ORGANIZATION
12.Name of Project Contact: I(yie..K agerpoik tittAD
,
13.Position/Title of Project Contact: Administrator
14.Telephone Number of Project Contact: 519-866-5521
15.Fax Number of Project Contact, if applicable: 519-866-3884
16.E-mail Address of Project Contact, if applicable: kkruger@bayham.on.ca
17.Preferred Language of Communication: // English ❑ French ❑ No preference
18.Name of Backup Contact: David Aristone
19.Position/Title of Backup Contact: Treasurer
Page 4 of 33
20.Telephone Number of Backup Contact: 519-866-5521
21.Fax Number of Backup Contact, if applicable: 519-866-3884
22.E-mail Address of Backup Contact, if applicable: daristone@bayham.on.ca
23.Does your organization owe any amounts that are in default or in arrears to the
Government of Canada?
❑ Yes ® No
> If`Yes', complete the following chart for each amount owing:
Amount owing Nature of amount owing (e.g. Department or agency to
taxes, penalties) which the amount is owed
$
$
24.An Act respecting the Ministere du Conseil exe cutif(R.S.Q., Chapter M-30)— FOR
QUEBEC ORGANIZATIONS ONLY(Refer to Application Guidelines for additional
information)
a) Are the majority of your members from the Québec public sector; that is,
appointed by the Government of Québec, a Minister, a government agency, a
municipal body, a school board or another public agency?
❑ Yes ❑ No
b) Are your employees appointed in accordance with the Public Service Act of
Québec, chapter F-3.1.1?
❑ Yes ❑ No
c) Is more than half of your financing derived from Québec public funds; that is from
the Consolidated Revenue Fund, a government agency, a municipal body, a
school body or another public agency?
❑ Yes ❑ No
E i):1V F-bt 1 ,,K .°:1g tid 0t� mOo�'r�tiis not a requirement when
40006910. 1 dire' ovat�r, A e r ' est forfundln a 1proVed,if
40tiOrgarithir001.60401 i1 the pro of * tl you answered Yes tO one-or II
Page 5 of 33
more the above glaest ns,fi n jng:,will,only be sent to you following demonstration--
that your organizat `rt has secured permission from the Government of'Quebec to enter
into a funding'agreement with HF SD.
ORGANIZATION ACTIVITIES
25.What does your organization do (i.e. organizational mandate)?
The Municipality of Bayham is a municipal corporation in the Province of Ontario that
provides local government services to its citizens, at the direction of an elected
Council. Services provided include; fire, police , roads, water, wastewater, recreation
and culture, planning and development, and tourism business and commence.
26.What are the main programs, services and/or activities offered by your organization?
Please also indicate whether any are offered solely to people with disabilities or if
they are offered to the general population, which may include people with
disabilities.
The recreation and culture services for the Municipality of Bayham include a
number of active and passive park facilities, three museums and three local
community centres that are utilized by residents as key meeting and activty
places within the community.The community centres are located within the
hamlets of Vienna, Straffordville and Eden. and are utilized by various
community groups ( Lions, Lionesses, Scouts, etc) as meeting locations, by
the Municpality and other government agencies for public meeting and
election polling places.
PART B—ABOUT YOUR PROJECT
27.Provide a brief title for your proposed project:
Vienna Community Centre Accessibility Improvements
28.Will your proposed project take place in an Official Language Minority Community?
111 Yes /1 No
Please note that the EAF does not require that your proposed project take place in
an Official Language Minority Community to be eligible for funding.
29.Will the proposed project activities take place in a rural or remote location?
® Yes No
Page 6 of 33
Please note that the EAF does not require that your proposed project take place in a
rural or remote location to be eligible for funding.
30.For proposed projects that relate to renovating, constructing or retrofitting as well as
for information/communication technology projects that require work on a building
(i.e. installation of equipment, etc.):
Location of proposed project (physical location only- no P.O. boxes):
Street Number and Name: 26 Fulton Street
City or Town: Vienna
Province or Territory: Ontario
Postal Code: NOJ 1Z0
PROJECT DESCRIPTION
31.Please identify the category of activity involved in your proposed project (please
select all that apply):
a) Making your organization's information/communication technologies more
accessible by (also complete Part B-1 below)
❑ Providing adaptive computer enhancements such as interactive speech
capability
❑ Purchasing specialized accessible communication equipment
❑ Modifying a website to make it accessible for people with disabilities
❑ Other, specify:
b) Renovating, constructing or retrofitting your organization's building to
increase its accessibility by (also complete Part B-2 below)
❑ Construction to install information/communication technology such as an FM
loop system
❑ Constructing an interior ramp
❑ Constructing an exterior ramp
❑ Widening doorways
• Installing automated door openers
❑ Raising sinks and/or counters
❑ Lowering sinks and/or counters
Page 7 of 33
❑ Enhancing lighting for increased lighting contrast
❑ Increasing colour contrast
❑ Building an accessible washroom
❑ Installing accessible door handles and/or light switches
❑ Installing an elevator
® Installing a lift
❑ Other, specify:
c) Retrofitting your organization's 2011 or later model motor vehicle to make
it more accessible by (also complete Part B-3 below)
❑ Installing a wheelchair lift to a community based vehicle
❑ Modifying the interior of a community based vehicle
❑ Other, specify:
32.Clearly describe your proposed project.
Construction of an exterior entrance in close proxcimity to handicapp parking spaces
within the parking lot, with automated door openers. Installation of a handicapp lift to
allow access for persons with disabilities to main floor and basement levels of
building.
33.Please indicate if your project can start before March 31, 2013, and be completed
within the required timeframe? Your proposed project must start prior to
March 31st, 2013, and be completed within 52 weeks.
® Yes No
34.If your application for EAF funding is part of a larger project, briefly describe (in one
paragraph, or less) the broader construction project and how this larger project is
funded.
N/A
35.What programs, services and/or activities will your proposed project enable people
with disabilities to participate in?
The project will allow persons with disabilities to access the facility for Lion Club
meetings, public meetings, voting for municipal, provincial and federal elections,
banquets and other social gatherings held by community groups and private citizens.
36.In an average month, how many people (with and without disabilities) currently
access the programs, services and/or activities that you identified in the previous
question?
Page 8 of 33
250
37.If the proposed project is funded, do you anticipate increased participation from
people with disabilities in your programs, services and/or activities identified in
question 35?
> If yes, please provide an estimate of the increase in numbers.
25
38.How has the need for this proposed project been identified? Please specify who
determined the need and how it was determined?
Comments from the general public and a review of facility standards by the
Municipality.
39.Please indicate what specific accessibility barrier(s) your proposed project will
remove for people with disabilities?
The building does not currently have an entrance with barrier free access to the
facility, for persons with disabilities.
40.How will your proposed project benefit people with disabilities? How will removing
the barrier(s) you identified above enable people with disabilities to participate in and
contribute more fully to your community?
The project will allow persons with disabilities to access both floors of the building to
participate in any function held within the facility which they can not do currently.
41.How will your community benefit from greater participation and contribution from
people with disabilities?
With the ability to access the Community Centre, persons with disabilities will
provide improved visibility, for their segment of the population, to the benefit and
appreciation of the rest of the community.
42.How will you measure your project's success?
The success will be measured by public comments from community groups,
including disabled persons, using surveys to assess accessibilty before and after
project.
You must include with this Application a minimum of two (2) original, dated and
signed community support letters for your proposed project.
Page 9 of 33
NOTE: The:three following:"Project Detain sections relateyto three,types ofproposed
pr..ojects.. Please only respond to tie seotto s that relate.to yofr pra�ct
. ...
B-1 PROJECT DETAILS:ACCESSIBLE INFORMATION/COMMUNICATION
TECHNOLOGIES
Complete this section if you are applying for funding in this category.
43.If your proposed project involves accessible information/communication technology,
will construction activities such as renovating or retrofitting a building be required?
❑ Yes ❑ No
> If 'Yes', you must also complete PART B-2 below— RENOVATING,
RETROFITTING OR CONSTRUCTING A BUILDING.
44.Does your proposed project include the activity of making your organization's web
site more accessible?
❑ Yes ❑ No
> If'Yes', you must include proof of ownership of your website's domain name with
your Application.
45.Does your proposed project include activities that relate to other information and/or
communication technologies designed to increase accessibility?
❑ Yes ❑ No
> If'Yes', please specify:
B-2 PROJECT DETAILS: RENOVATING, RETROFITTING OR CONSTRUCTING A
BUILDING
Complete this section_if you are applying for funding under this category,
46.You are required to comply with all applicable municipal, provincial/territorial and
federal laws and regulations including those for archaeological/heritage sites. Have
you consulted with the appropriate local authorities and qualified contractors
regarding the scope of the work and the need for permits or licenses and confirmed
that there are no foreseen problems with completing the work or obtaining any
required permits or licenses?
Page 10 of 33
® Yes ❑ No
47.Indicate whether your organization owns, leases or has other arrangements for the
building where the proposed project will take place?
® Own ❑ Lease ❑ Other
• If your organization 'owns' the building, you must provide evidence that your
organization owns the building.
• If your organization 'leases' the building, or part of the building, where the project
will take place, you must provide a copy of the lease agreement.
• If there is 'another' arrangement in place, you must provide a letter from the
owner clarifying the arrangement. The requirements for the letter can be found in
the application guidelines.
48.If your proposed project includes the construction of a new building, or if your
proposed project will affect the land around the building (i.e. a ramp...), please
indicate whether your organization owns, leases or has other arrangements for the
land where the proposed project will take place?
® Own ❑ Lease El Other
> If your organization 'owns' the land, you must provide evidence that your
organization owns the land.
> If your organization 'leases' the land where the project will take place, you must
provide a copy of the lease agreement.
> If there is 'another' arrangement in place, you must provide a letter from the
owner clarifying the arrangement. The requirements for the letter can be found in
the application guidelines.
Page 11 of 33
49.If your organization leases the building, space within the building or the land where
the project will take place, does the lease agreement allow your organization, as the
organization leasing, to perform the modifications required for the proposed project?
❑ Yes ❑ No
D If, 'Yes', please highlight/indicate the reference on your copy of the lease
agreement.
D if 'No', you must provide an original, signed letter from the property owner
permitting your organization to modify the building and/or land.
B-3 PROJECT DETAILS: RETROFITTING A MOTOR VEHICLE
Complete this section if you are applying for funding in this category. ,»
50.Does your organization currently own the motor vehicle, which you plan to modify?
❑ Yes ❑ No
You must include with this Application proof of your organization's motor vehicle
ownership (vehicle registration) or proof of your intent to purchase.
51.What are the year, make, model and mileage (km) of the motor vehicle?
Year:
Make:
Model:
Mileage: (km)
Identify the date the mileage was recorded: (YYYY/MM/DD)
NOTE:
Only X1.11 j 2012, at d 2013 rtfotof vehicle models-with'40;O; '!br
Acis 2C,t o2 eItgib1e for furl t .:
PART C - FUNDING
ESTIMATES
' Te ? �;l jec im j�inc) tde r i '1:11044. ti ' n
Page 12 of 33
make a building entranoe,accessible could require an exterior ramp'(i.e. acuity#1 j_and
ars automated doge 42):
52.Provide three (3) external estimates for each activity of your proposed project. If you
were unable to obtain three (3) estimates for each activity, explain why three (3)
estimates are not available and the steps you undertook to ensure that your budget
calculations are as accurate as possible.
It is impossible to get external contractors to give estimates of a project that
does not engineered drawings. Therefore budget calculations were based on
an estimated project cost secured from a professional engineer for a fee.
53.If you provided external estimates, indicate your preferred estimate for each activity
and briefly explain why you favour this estimate(s):
N/A
Page 13 of 33
PROJECT DETAILS
54.Describe your project in the table below.
Estimated
ActivityDuration
per activity Task(per activity) Sub-Tasks (per task)
(Weeks)
Engineering 8
and design
•
Construction
of entrance
with 8
automated
doors
Page 14 of 33
Installation
of handicapp 4
lift
Page 15 of 33
PROJECT BUDGET
Complete the following budget table(s) for each eligible activity of your proposed
project. Please keep in mind that proposed projects are eligible for a maximum of
$50,000 in EAF funding. Also, the maximum level of EAF funding will not exceed 75%
of the total eligible proposed project costs.
55.Complete the following table for each activity for your proposed project.
Activity/item Estimated
Cost *GSTIPST/HST Total Cost
& Without Taxes Rebate
( Amount** of Activity
Preferred Estimate Taxes)
Professional Engineer
Estimate A B C A+B-C=D
Engineering & design 11,500 1,495 1,293 11,702
Construction of entrance 65,000 8,450 7,306 66,144
with automated doors
Installation of handicapp lift 38,500 5,005 4,327 39,178
Totals I 115,000 1 14,9501 12,926 117,024
* Certain organizations may be entitled to a rebate on HST or GST/PST paid on goods
and services purchased. If you require further information on this, please contact
Revenue Canada at www.cra.cgc.ca. To calculate your rebate, you may need to
determine what portion of the total taxes from your preferred estimate is provincial (PST)
and how much is federal (GST). Using those amounts, you would apply the relevant
percentage to determine the rebate to which your organization would be entitled. The
calculation is as follows:
Estimated Cost x GST% = Estimated GST
Estimated Cost x PST% = Estimated PST
Estimated GST x GST Rebate % = GST Rebate
Estimated PST x PST Rebate % = PST Rebate
Page 16 of 33
GST Rebate + PST Rebate = GST/PST/HST Rebate Amount
** See Application Guidelines for numeric example
56.Complete the following calculation to determine the minimum dollar value/amount of
funding you must secure from other non-federal government sources.
If your total project costs are more than $66,667, do not complete the table in
this question because you must secure and provide confirmation of all funds in
excess of the maximum $50,000.
Total cost of your proposed project (total in column D of 117,024
table in question 55)
Mandatory % of total ELIGIBLE project costs you must x 0.25
secure from other non-federal government sources
This is the minimum dollar value of funding you must =29,256
secure from a non-federal government source
•
OTHER SOURCES OF FUNDING
57.Has your organization confirmed a minimum of 25% (as you have calculated in the
previous table) of the total project costs from non-federal government sources?
® Yes ❑ No
> If'No', your Application will not be considered for funding.
58. Has your organization secured more than 25% (as calculated in the previous
table) of the total project costs from non-federal government sources?
® Yes ❑ No
If'Yes', please indicate how much more than the minimum 25% was secured in
terms of a dollar amount and in terms of a percentage of overall costs.
$ 37,768
32 %
Page 17 of 33
59.Complete the following table regarding Other Sources of Funding. Please note,
these do not include funding from other federal government sources nor does it
include your request for funding from the EAF:
Contributor Name of funding Amount of "Monetary" or Is this
source funding or "In-Kind" funding
estimated Confirmed?
amount of
in-kind
Your Municipal property 67,024 A Monetary ® Yes *
organization taxes ❑ In-kind 0 No
Not-for-profit ❑ Monetary ❑ Yes *
organizations ❑ In-kind ❑ No
(excluding your
own 0 Monetary ❑ Yes *
organization) ❑ In-kind ❑ No
For-profit ❑ Monetary ❑ Yes *
businesses ❑ In-kind ❑ No
(excluding your -
own ❑ Monetary ❑ Yes *
organization) ❑ In-kind 0 No
Municipal, ❑ Monetary ❑ Yes *
provincial ❑ In-kind ❑ No
and/or territorial -
governments ❑ Monetary ❑ Yes *
❑ In-kind 0 No
Other, describe: ❑ Monetary ❑ Yes *
❑ In-kind ❑ No
❑ Monetary ❑ Yes *
O In-kind ❑ No
Total amount of funding from non- 67,024
federal government sources: i
* Please note that this table must show that the minimum 25% requirement of
additional sources of non-federal government funding is confirmed. If you have
confirmed non-federal government sources of funding over the 25% minimum
requirement, you may benefit from additional "points" at the assessment stage.
Page 18 of 33
For confirmed sources of funding, including the minimum 25% requirement,
attach dated and signed letters from your proposed project contributors
confirming their support and describing the nature of any in-kind contributions.
In-kind contributions will only be recognized when fair market value can be
reasonably estimated or when contributions are tangible. The value of all in-kind
contributions needs to be verified and supported by documentation.
BUDGET SUMMARY
60.As previously mentioned, proposed projects are eligible for a maximum EAF grant of
$50,000. Please note, as you provide your numbers in the table below, the
maximum level of EAF funding will not exceed 75% of your total eligible proposed
project costs.
Total value of proposed project 117,024
Total amount of Other Sources of Funding _ 67,024
(not including EAF)
Amount of funding requested from EAF = 50,000
•
PART D— ENVIRONMENTAL ASSESSMENT ..
61.Does your project include activities that are listed in the Canadian Environmental
Assessment Agency's (CEAA) Regulations Designating Physical Activities
established under the Canadian Environmental Assessment Act, 2012?
http:I/www.gazette.qc.ca/rp-pr/p2/2012/201 2-07-18/htm l/sor-dors 147-enq.htm l
x NO (No Environmental Assessment required)
YES
➢ If`yes', then, as per the Canadian Environmental Assessment Act, 2012, you
must submit your project description electronically to the CEAA
(http://ceaa.gc.ca/default.asp?lana=En&n=63D3D025-1) for further review. The
CEAA will determine if an Environmental Assessment (EA) is required based on
your project description. HRSD funding will be conditional upon receipt by HRSD
of, as the case may be, CEAA confirmation that an EA is not required -or- a copy
of the completed EA and confirmation that your organization is equipped to
appropriately address the EA findings.
Please note that the decision from CEAA regarding the requirements for an EA is
not required at the time of application.
Page 19 of 33
PART E — LOBBYISTS DECLARATION
62.Check the provision that applies to your organization:
1 /We declare that :
We used a a) any person lobbying on behalf of the Applicant to obtain the
grant that is the subject of this Application is in compliance
Lobbyist with the requirements of the Lobbying Act(R.S.C. 1985,
❑ c.44); and
b) no commissions or contingency fees have been paid or are
payable, directly or indirectly, to any person to whom the
Lobbying Act applies for negotiating or securing the grant.
or
We did not use a INVe declare that no lobbyists are involved in negotiating or
Lobbyist securing the grant that is the subject of this Application.
PART F -ADDITIONAL INFORMATION
Please provide any additional information you believe is pertinent to your proposed
project and/or a review of your Application:
Page 20 of 33
PART G — DECLARATIONS AND AGREEMENT
UWe declare that:
• I am/we are duly authorized to submit this Application on behalf of the
Organization identified in Part A (About your Organization) in this
Application;
• the information provided in this Application, including supporting
documentation, is true, accurate, and complete to the best of my/our
knowledge;
• Uwe understand that if the information described above is false or
misleading, Ilwe/the.Organization may be required to repay some or all of
the grant funding received;
• Uwe understand and agree that if the Application is approved, payment of
the approved grant amount is subject to the Articles of Agreement included
in this Application which shall be legally binding on the Applicant;
• Uwe have read, understood and agree to the Articles of Agreement and
am/are authorized to agree to the Articles of Agreement on behalf of the
Applicant;
IIWe agree that when approved and signed below by a representative of
Canada this Application shall constitute a legally binding Agreement,
effective on the date it is signed by Canada and the Organization named in
this Application.
NOTE; Signatures`are required by the person '.-who, legally authorised to
g ac rr menta on behalf o .the=a�9 a izatictn, You a'+ust ensure that the
0001:003,00:0:094$0,40* ;cP
�� a
Page 21 of 33
According to your organization's rules, how many individuals in your organization are
required to sign or co-sign legal and/or financial agreements (i.e. 2, 3 or more)? 2
Please ensure that all required signatories provide signatures below.
Name (printed) of the person who has authority to sign on behalf of the org nization:
Paul Ens
Position/Title: Date (YYYY/MM/DD):
Mayor 2012/10/01
Signature ore 7-xho has authority to sign on behalf of th organization:
Name (printed) of the person who has authority to sign on b alf of the organization:
Lynda Millard
Position/Title: Date ( /MM/DD):
Clerk 2012/ /01
Signature of the person who has authorih,to akin n hrshalf of the nrnanization:
L11,
Name (printed) of the person who has aSee Addendum -
Position/Title:
Signature of the person who has uthority to sign on behalf of the organization:
Name (printed) of the person who has authority to sign on behalf of the organization:
Position/Title: Date (YYYY/MM/DD):
Signature of the person who has authority to sign on behalf of the organization:
Name (printed) of the person who has authority to sign on behalf of the organization
Position/Title: Date (YYYY/MM/DD):
Signature of the person who has authority to sign on behalf of the organization:
Page 22 of 33
Name (printed) of the person who has authority to sign on behalf of the organization:
Position/Title: Date (YYYY/MM/DD):
Signature of the person who has authority to sign on behalf of the organization:
Page 23 of 33
PART H —GRANT TERMS AND CONDITIONS.
GRANT TERMS AND CONDITIONS
1.0 INTERPRETATION
1.1. Unless the context requires otherwise, the expressions listed below have the
following meanings for the purposes of this Application and Agreement:
"Canada" means Her Majesty the Queen in right of Canada, as represented by
the Minister of Human Resources and Skills Development;
"Eligible Expenditures" means the Eligible Main Activity Costs and Other
Project Related Eligible Costs described in Part C of this Application and
Agreement;
"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 Application and
Agreement;
"HRSD" refers to the Department of Human Resources and Skills
Development;
"Project" means the project described in this Application and Agreement;
"Project Period" means the period beginning on the Project Start Date specified
in Part I of this Application and Agreement and ending on the Project End Date
specified in Part I;
"Recipient" refers to the Applicant organization named in this Application and
Agreement; and
"Working Day" means Monday through Friday except statutory holidays.
2.0 EFFECTIVE DATE AND DURATION
2.1. This Application and Agreement shall become a binding agreement between
Canada and the Recipient on the date of HRSD Approval of the Application and
Agreement as set out in Part I of this Application and Agreement and, subject to
section 2.2, the Application and Agreement shall expire at the end of the Project
Page 24 of 33
Period unless it is terminated on a prior date in accordance with these terms and
conditions.
2.2. All obligations of the Recipient shall expressly or by their nature survive
termination or expiry of this Application and Agreement and shall continue in full
force subsequent to and notwithstanding such termination or expiry until and unless
they are satisfied or by their nature expire.
3.0 PURPOSE OF THE GRANT
3.1. The purpose of Canada's funding is to enable the Recipient to carry out the
Project. The Recipient shall use the grant for paying the Eligible Expenditures of the
Project. However, if there are any unused, unexpended funds on completion of the
Project, the Recipient may retain the unused, unexpended amount and use it for
furthering other activities of the Recipient.
4.0 PAYMENT OF THE GRANT
4.1. Canada will pay the Recipient a grant in the approved amount specified in Part I
of this Application and Agreement. The grant will be paid in a single installment as
soon as possible following approval of the Application and Agreement.
5.0 APPROPRIATION
5.1. Any payment under this Application and Agreement is subject to the
appropriation of funds by Parliament for the Fiscal Year in which the payment is to
be made.
6.0 PROJECT RECORDS
6.1. The Recipient shall keep proper books and records of the grant received and of
all expenditures made using the grant relating to the Project.
6.2. The Recipient shall retain the books and records referred to in section 6.1 for a
period of three (3) years following the Project Period.
6.3. At the request of Canada, the Recipient shall permit reasonable access to its
files, books records and personnel by representatives of Canada during the Period
of the Agreement or during the period referred to in section 6.2 for the purpose of
verifying the use of the grant and compliance with the terms and conditions of this
Application and Agreement. The Recipient shall permit Canada's representative(s)
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.
Page 25 of 33
7.0 INQUIRY BY THE AUDITOR GENERAL OF CANADA
7.1. If, during the Project Period or within a period of three (3) years thereafter, the
Auditor General of Canada, in relation to an inquiry conducted under subsection
7.1(1) of the Auditor General Act[R.S.C., 1985, c. A-17], 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 Application and 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.
8.0 REPORTING
8.1. Within sixty (60) days following the Project Period, the Recipient shall provide
Canada with a report acceptable to Canada that outlines the results of the Project,
explains any discrepancies between the results and the planned or expected results
and provides such other information as Canada may specify in writing to the
Recipient.
8.2. If the report provided by the Recipient pursuant to section 8.1 is deemed
incomplete or otherwise not satisfactory to Canada, then, in addition to any other
remedies set out in this Application and Agreement, Canada may require the
Recipient to revise the report so as to provide all the information in a manner that is
satisfactory to Canada.
9.0 EVALUATION
9.1. The Recipient agrees to cooperate with Canada in the conduct of any evaluation
of the Project and/or the Program named in this Application and Agreement that
Canada may carry out during the Project Period or within a period of three (3) years
thereafter. Without limiting the generality of the foregoing, if requested by Canada to
do so for the purpose of conducting an evaluation, the Recipient agrees to
(a) participate in any survey, interview, case study or other data collection
exercise initiated by Canada; and
(b) subject to section 9.2, provide Canada with contact information of the Project
partner organizations, if any, who participated in the Project, and of the members
of the board of directors of the Recipient.
9.2. The Recipient shall provide Canada with the contact information of a person
(name, address, phone number and e-mail address) referred to in paragraph 9.1(b)
only if the person has given their written consent to the release of the information to
Canada. The Recipient agrees to make all reasonable efforts to secure such
Page 26 of 33
consent during the Project Period. When providing a person's contact information to
Canada, the Recipient shall provide Canada with an accompanying written
statement certifying that the person has given their consent to the sharing of their
contact information with Canada.
10.0 TERMINATION OF AGREEMENT
10.1 (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;
(b) the Recipient ceases to operate;
(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 application for Canada's funding or in
connection with this Application and Agreement, has made materially false or
misleading representations, statements or declarations, or provided materially
false or misleading information to Canada; or
10.1 (2) In the opinion of Canada, there is a material adverse change in risk in the
Recipient's ability to complete the Project or to achieve the expected results of the
Project
10.1 (3) If
(a) an Event of Default specified in paragraph (1)(a) or (b) occurs; or
(b) an Event of Default specified in paragraphs (1)(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, in addition to any remedies otherwise available, immediately terminate the
Application and Agreement by written notice.
10.1 (4) The fact that Canada refrains from exercising a remedy it is entitled to
exercise under this Application and Agreement shall not be considered to be a
waiver of such right and, furthermore, partial or limited exercise of a right conferred
Page 27 of 33
upon Canada shall not prevent Canada in any way from later exercising any other
right or remedy under this Application and Agreement or other applicable law.
11.0 REPAYMENT REQUIREMENTS
11.1. If this Application and Agreement is terminated by Canada pursuant to section
10.1, Canada may, in its sole discretion,
(a) demand the repayment of any grant funds remaining in the possession or
under the control of the Recipient; or
(b) allow the Recipient to retain sufficient funds to pay the legitimate costs of
winding down the Project.
11.2. If this Application and Agreement is terminated under section 10.1 by Canada
because the Recipient uses the grant for a purpose or expenditures not agreed upon
under this Application and 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.
11.3. If Canada demands the repayment of any part of the grant pursuant to section
11.1 or section 11.2, 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.
11.4. Interest shall be charged on overdue repayments owing under this Application
and Agreement in accordance with the Interest and Administrative Charges
Regulations, SOR/96-188 (the "Regulations") made pursuant to the Financial
Administration Act, R.S.C., 1985, c. F-11. 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.
11.5. The Recipient acknowledges that where an instrument tendered in payment or
settlement of an amount due to Canada under this Agreement is, for any reason,
dishonoured, an administrative charge of$15 is payable by the Recipient to Canada
in accordance with the Regulations.
12.0 INDEMNIFICATION
Page 28 of 33
12.1. The Recipient shall, 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, and participating employers or Project participants, if any, in
connection with anything purported to be or required to be provided by or done by
the Recipient pursuant to this Application.and Agreement or done otherwise in
connection with the implementation of the Project.
13.0 RELATIONSHIP BETWEEN THE PARTIES AND NON-LIABILITY OF CANADA
13.1. 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 Application and
Agreement is a funding agreement only, not a contract for 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 Application and 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.
13.2. Nothing in this Application and 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 the grant. 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
Application and Agreement or for any obligation incurred by the Recipient toward
another party in relation to the Project.
14.0 CONFLICT OF INTEREST
14.1. 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 Application and Agreement unless the provision or receipt of
such benefit is in compliance with the said legislation or codes.
14.2. No member of the Senate or the House of Commons shall be admitted to any
share or part of the Application and Agreement or to any benefit arising from it that is
not otherwise available to the general public.
Page 29 of 33
15.0 INFORMING CANADIANS OF THE GOVERNMENT OF CANADA'S FUNDING
15.1. The Recipient shall allow Canada sixty (60) days from the date of approval of
the Application and Agreement to announce the Project. During this 60 day period,
the Recipient shall not make any public announcements of funding, deferring all
questions to Canada. After the expiry of the 60 day period, the Recipient may begin
its own communication activities for the Project.
15.2. The Recipient shall notify Canada twenty (20) working days in advance of any
initial and subsequent official ceremonies related to the announcement of the
funding and promotion of the Project. Canada reserves the right to approve the time,
place and agenda of the ceremony.
15.3. The Recipient shall notify Canada fifteen (15) working days in advance of any
and all communications activities, publications, advertising and press releases
planned by the Recipient or by a third party with whom it has an agreement relating
to the Project.
15.4. The Recipient shall ensure that in any and all communication activities,
publications, advertising and press releases regarding the Project, recognition, in
terms and in a form and manner satisfactory to Canada, are given to Canada's
financial assistance to the Project.
15.5. The Recipient agrees to display such signs, plaques or symbols as Canada
may provide in such locations on its premises as Canada may designate.
15.6. The Recipient shall cooperate with representatives of Canada during any
official news release or ceremonies relating to the announcement of the Project.
16.0 ACCESS TO INFORMATION
16.1. The Recipient acknowledges that Canada is subject to the Access to
Information Act, RSC 1985, Chapter A-1, and information obtained by Canada
pertaining to this Application and Agreement may be disclosed by Canada to the
public upon request under the aforementioned act.
17.0 PROACTIVE DISCLOSURE
17.1. 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
Page 30 of 33
available by Canada in accordance with the Government of Canada's commitment
to proactively disclose the awarding of grants and contributions.
18.0 NOTICES
18.1. Any notices to be given and all reports, information, correspondence and other
documents to be provided by either party under this Application and Agreement shall
be given or provided by personal delivery, mail, courier service, fax or email at the
postal address, fax number or email address, as the case may be, of the receiving
party as indicated below:
18.1 (1) In the case of the Recipient, in Part A (About Your Organization) of
the Application and Agreement; and
18.1 (2) in the case of Canada,
Enabling Accessibility Fund
Office for Disability Issues,
Human Resources and Skills Development Canada
140 Promenade du Portage
Gatineau, Québec
K1A 0J9
18.2. 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.
18.3. 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.
19.0 ASSIGNMENT OF THE AGREEMENT
19.1. The Recipient shall not assign this Application and Agreement or any part
thereof without the prior written consent of Canada.
20.0 SUCCESSORS AND ASSIGNS
20.1. This Application and Agreement is binding upon the parties and their
respective successors and assigns.
21.0 COMPLIANCE WITH LAWS
Page 31 of 33
21.1 The Recipient shall carry out the Project in compliance with all applicable
federal, provincial and municipal 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.
22.0 APPLICABLE LAW
22.1. This Application and Agreement shall be governed by and construed in
accordance with the applicable laws of the province or territory where the Project will
be performed or, if the Project is to be carried out in more than one province or
territory, of the province or territory where the Recipient has its main place of
business.
23.0 AMENDMENT
23.1. This Application and Agreement may be amended by mutual consent of the
parties. To be valid, any amendment to this Agreement shall be in writing and signed
by the parties.
24.0 UNINCORPORATED ASSOCIATION
24.1. If the Recipient is 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.
25.0 ENGLISH LANGUAGE (APPLICABLE IN QUEBEC ONLY)
The parties agree that this Agreement shall be drafted in English only. Les parties au
present accord acceptent qu'il soit redige en anglais seulement.
Page 32 of 33
PART I HUMAN RESOURCES AND SKILLS DEVELOPMENT (HRSD)
APPROVAL
•
CSGC File Number: t 2 bto ct so
This Application is: Approved J Not Approved El
Amount Requested of EAF:i. r: 4
Amount Approved by HRSD $t
Amount Funded to project: iszb
.Period for which•APoiidant:is Approved (prod start arid,,ehddat )
Start Date.: 2oik-1-0 (Y.SYYjMMI/Do)
End Date: 20,S.- . ` ,(YYYY/MM/DD) R ;
Date of Ministerial Approval 2:61k,e d [ .; (YYYY/MM/DD)
Signature of HRSD,delegated *'"T • _ uthortty
(VY Y/MM/E )' j f r
/ _
Page 33 of 33
Addendum
REQUEST FOR FUNDING UNDER THE 2012 SMALL PROJECT CALL FOR
PROPOSALS OF THE ENABLING ACCESSIBILITY FUND (EAF)
ATTESTATION FORM
Organization Name: The Corporation of the Municipality of Bayham
Project Number:012067930
Project Title: Vienna Community Centre Accessibility Improvements
1/We hereby attest that:
• no work has begun on any of the proposed activities In the application submitted
in summer/fall 2012.
• the estimates of our project expenditures are still accurate, as per Question 55.
• our organization has confirmed a minimum of 25% of the total eligible costs from
other sources than the federal government.
o For each other source of funding (other than the applicant), a new signed
letter from the contributing organization, dated no earlier than November
2013, confirming their contribution, Is provided.
e Our organization commits to contribute toward this project$
• our organization has continued community support for our project.
• the project can be completed within a year of receipt of funding.
• our organization still occupies or owns the facilities described in the original
application and that the proposed activities are still approved by the landlord/
lease agreement as the case may be.
(If there has been a change in the building's ownership or In the lease
agreement, please provide details below and a new authorization from the
landlord.)
• our organization is still an eligible recipient(i.e., not-for-profit organization,
college or university, small municipality(population under 250,000 as per census
data), territorial government, aboriginal government, small private-sector
organization (fewer than 50 employees and under$5 million in gross revenue per
year)).
Page 1 of 4
•
• # amlwe are duly authorized to submit this attestation on behalf of the
Organization.
• the information provided in this Attestation Form, including supporting
documentation, is true, accurate, and complete to the best of my/our knowledge.
• Ilwe understand that if the information described above is false or misleading,
I/we/the Organization may be required to repay some or all of the grant funding
received. •
• I/we understand and agree that if the Application is approved, payment of the
approved grant amount is subject to the Articles of Agreement included in the
Application which shall be legally binding on the Applicant.
• I/we have read, understood and agree to the Articles of Agreement and am/are
authorized to agree to the Articles of Agreement on behalf of the Applicant.
Page 2104
Space for details to describe modifications to original proposal:
Please note that:
a) Applicants who have already started and/or completed the activities that were
proposed in their initial application will not be allowed to re-apply and/or use the
requested funding for an alternate activity.
b) For activities that consist of renovating, constructing, and/or retrofitting a building,
applicants whose project location has changed since their original EAF
submission cannot apply the requested funding amount to these new facilities.
Page 3 of 4
According to your organization's rules, how many individuals in your organization are
required to sign or co-sign legal and/or financial agreements (e.g.) or more)?
Please ensure that all required signatories provide signatures below.
Name (printed)of the person who has authority to sign on behalf of the organization:
Paul gait
Positionfritle: Date (YYYYIMMIDD):
1'wlgior 2ot,01 is tLO
Signature of pe o has authority to sign on behalf of ffte organization:
Name (printed)of the person who has authority to sign on behalf of the organization:
t jnaa PAWard
Position/Title: Date (YYYYIMMIDD):
C.te.tiC. aeib1 %a 1i
Signature of th person who has authority to sign on behalf of the organization:
•Wkari da,
Name(printed)of the person who has authority to sign on behalf of the organization
Position/Title: Date (YYYYIMMIDD):
Signature of the person who has authority to sign on behalf of the organization:
Name (printed) of the person who has authority to sign on behalf of the organization:
Position/Title: Date(YYYYIMMIDD):
Signature of the person who has authority to sign on behalf of the organization:
Page 4 of 4
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2014-024
A BY-LAW TO AUTHORIZE THE EXECUTION
OF A CONTRIBUTION AGREEMENT BETWEEN
THE MUNICIPALITY OF BAYHAM
AND
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
AS REPRESENTED BY THE MINISTER RESPONSIBLE FOR HUMAN RESOURCES
AND SKILLS DEVELOPMENT CANADA
REGARDING
THE ENABLING ACCESSIBILITY FUND
WHEREAS the Municipality of Bayham is desirous of proceeding with facility accessibility
improvements to the Vienna Community Centre;
AND WHEREAS Human Resources and Skills Development Canada has approved funding for
such project in an amount not to exceed $50,000 under the Enabling Accessibility Fund;
AND WHEREAS the Parties wish to proceed with the required Contribution Agreement;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute
the Agreement attached hereto as Schedule "A" and forming part of this by-law between
the Municipality of Bayham and Her Majesty the Queen in right of Canada as represented
by the Minister responsible for Human Resources and Skills Development Canada.
2. THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6TH DAY
OF MARCH 2014.
AYOR CLERK