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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