HomeMy WebLinkAbout83-13
."
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 83-13
being a by-law to authorize the execution of an
agreement with HER MAJESTY THE QUEEN, in right
of the Government of Canada as represented by
The Minister of Employment and Immigration
The Council of the Corporation of the Town of Newcastle HEREBY ENACTS AS
FOLLOWS:
THAT the Mayor and Clerk are hereby authorized to execute
on behalf of the Corponation of the Town of Newcastle and
seal with the Corporation Seal an Agrement between HER
MAJESTY THE QUEEN, in right of the Government of Canada as
represented by the Minister of Employment and Immigration,
and the said Corporation dated the 17fh day of
~~ A.D. 1983, which is attached
hereto as Schedule "X".
BY-LAW read a first time this 24th day of January 1983
BY-LAW read a second time this 24th day of January 1983
BY-LAW read a third time and finally approved this 24th day of January 1983.
k~~
Mayor '
I~.~
Clerk
[File No.-----:...J_~:..-'L?.:..-./()L.I_ _ _ _ _ __
I'" Employment and Immigration Canada Emploi et Immigration Canada
~c.h~ "Xu
CANADA EMPLOYMENT PROGRAM
SCHEDULE "Au
Forming Part of the Agreement under the Canada
Employment Program between the Canada Em-
ployment and Immigration Commission and:
PROGRAMMEb'EMPLOI DU CANADA
ANNEXE '~"
Fait partie de I'accord conclu dans fe Cadre du pro-
gramme d'emploi du Canada entre la Commission
de remploi et de /'immigration et:
Canada Communit'1 Development Projects
Projets de developpement communautaire
du Canada
Project No. - NO du projet
1874AK2
Name of Project - Titre du projet
Sidewalk Repair & ~fun1cipa1 Lake Front Clean-up .
Name of Sponsor/Employer - Nom du promoteurlemployeur
Corporation of the Town of Newcastle
Address of Sponsor -Adresse du promoteur
40 Temperance Street
-----------------------------------
Bowmanvi11e, Ontario
Project Location - Lieu du projet
t1C 3A6
9
Bowmanvi11e
This project must start on or before:
Le projet doit commencer au plus tard Ie:
K09
IFrom D-J Y-A I D-J V-A Normal Work Week
Expected Period of ,To: Semainenormalede trav.
Operation :Du 21 83 lAu I 25 83
V-A Periode de fonctionne- 'From: D-J V-A ho: D-J V-A Hours
~ ment I I I I H ....
25 Feb 83 IOU I 02 83 IAu I 11 Nov 83 eu,.es"" 40
Subject to the normal provisions of the agreement, this project may operate for the period of weeks indicated above, but cannot exceed the total proposed work
~e~ks as ~hown in column (2) below,/Sous reserve des dispositions !1abituelles d.e I~accord, Ie prfJsent projet pourra se dfJroufer pendant Ie nombre de semaines
mdJque cr-dessus, mars ne pourra exceder Ie total propose des semames de travalf flgurant a la colonne (2) cr-dessous. .
CALCULATION OF FEDERAL CONTRIBUTION - CALCUL OE LA CONTRIBUTION F~D~RALE
Total estimated. Total estimated
jobs work-weeks
Total estime Totalestimedes
des amplois sem. de travail
1
Estimated cost
Cout prevu
Max. allow, fed. con. Pe . ObI fed
Con fed maximala em1ssl e . con.
'. .' lesserof4or6)
admlssrble Contr. fed.autorise?
Perwk Total (moiffdfl1de4ou61
Parsem. (Col. 2 x col. 5)
5 6
3
Project Management Wages Salaire de la direction du projet
From V-A To D-J MY-A
Du u
1 83 300 300 300 300
V-A
From 05 83 To 83 8 400 300 8 400 8 400
8 Du 02 Au
Sub Totals - Project Management
29 Sous.total - Direction du projat 8 700 8,700
V-A
4
108
From
Ou
83 19,44d 180 19,440 19,440
V-A
19,440 19,440
6,800 $50 6,800 6,800
$
34,940
From
Ou '
Sub Totals - Other Employees
108 Sous-total- Autres employes
Other Expenses
Autres frais
5
136
Additional Cost Allowance (if applicable)
Frais supplementairn (s'il y a lieu)
Gross Project Cost
Frais bruts du projet
Less Funds from Other Sources
Moins fonds d'autrn sources
Net Project Cost
Frais nets du projet
A
$ 34,940
TOTAL
B
$ 34,940
Permissible Federal Contribution (Lesser of A or B)
Contribution federale autorisee (Le moindre de A ou B)
Add - WorkerslWorkmen's Compensation
Ajouter - CommisSion des aca:;dfl$ d. travail
$ 34,9/.0
$
Maximum Federal Contribution
Contribution federale maximale
1$ 34,940
,J
For the Canada EmPIOymen; a~d Immigration Commission"""'--'<-<
-~~~'c:Y.ndu~; :,~ t98~
d l./rp
Date
3--<-h s. . 199-s
Date
v
FOR OFFICIAL USE - R~SERV~
Commitment No.
NO d'engagement
Amend
No, - NP
de la modif.
Fiscal Year 1 Federal Contri-
bution/Contribution federale
pour la' 1'e annee financiere
1 6
Fiscal Yr 1;Work-Wks Fiscal Yr 2 - Work"Wks Constituency
Sem. travail pour la Sem. travail pour la Code
Ire annee financiere 2f1 annee financiere Circonscript.
I + Employment and Immigration Canada Emploi et Immigration Canada
CANADA EMPLOYMENT PROGRAM
SCHEDULE "A"
Forming Part of the Agreement under the Canada
Employment Program between the Canada Em-
ployment and Immigration Commission and:
PROGRAMME o"EMPLOI DU CANADA
ANNEXE '~"
Fait partie de I'accord conclu dans Ie Cadre du pro-
gramme d'emploi du Canada entre la Commission
de remploi et de /'immigration et:
Canada Community Development Projects
Projets de develop"."",nt communautaire
du Canada
Project No. - NO du projet
l874AK2
Name of Project - Titre du projet
Sidewalk Repair & Municipal Lake Front Clean-up-
Name of Sponsor/Employer - Nom du promoteur/employeur
Corporation of the Town of Newcastle
Address of Sponsor - Adresse du promoteur
40 Temperance Street
-------------------------------------....
Bowmanville, Ontario Lle 3A6
Project location - Lieu du projet
Bowmanville K09
PROJECT DESCRIPTION AND OBJECTIVES - DESCRIPTION ET OBJECTlFS DU PROJET
OBJECTIVES
Project workers will repair or improve sidewalks throughout the Town of
Newcastlet and clean-up brush and weeds on municipal property.
ACTIVITIES
Regular staff of the Corporation of the Town of Newcastle will identify
tasks to be performed, and will also establish work schedules.
Notwithstanding Item 23, all funds contributed to the project by Canada will be
integrated with the funds of the Town of Newcastle. For monitoring and auditing
purposes, the following records will be made available:
a) signed TDl for each employee
b) authorized time sheets or attendance records
c) a record of the individual earnings for each employee
d) receipts, vouchers, and invoices for all expenditures being charged to the project
e) cancelled cheques for all expenditures charged to the~~~ject
Personnel guidelines must be established for all employees on EDB projects. Project
employees shall have working conditions and benefits, where applicable, as near as
possible to those of the sponsor's regular employees. Both the job description and
personnel guidelines shall be reviewed with the project staff during their first week
of employment and made available on request to the Employment Development Branch.
For the Canada Em loyment and Immigration Commission
Pour la Co . Ion de 'mPfi et de /'immigration du Canada
'--- ~.. ~~~ 1 7 1983
promoteur/employeur
~. .a~ ~11!J
Dafe
J~311n3
Date
Date
EMP. 3017 (9.82)
Canada
"
Certified that fun "s are
available in accordance
with Sect' il ,: (1) of the _,
F.A.A
No. / I / 7 rA ?t-.
E.'.',), __ATCH
No, / I Y~1
VERIFl::: :ORRECT
(
/ 0
(04- ~o~1 - .)lo~ - ODD -&,0"0.
"6J.I ~3 . I
JJ/~,5(O- -
~3l ~~. . /
(//1 8' I J-{,3o_ -
1+
E"1ploymant and Immigration Canada
Empr~i at Immigration Canada
CANADA EMPLOYMENT PROGRAM
SCHEDULE "B"
PROGRAMME D'EMPLOI DUCANADA
ANNEXE "8"
Canada Community Development Projects
Projets de deve/oppement communautaire 00
du Canada
Canada Community Services Projects
Projets de services communautaires 0
du Canada
Forming Part of the Agreement under the Canada
Employment Program between the Canada Em-
ployment and Immigration Commission and:
Fait partie de I'accord conclu dans Ie Cadre du Pro-
gramme d'Emploi du Canada entre la Commission
de I'Emploi et de /'Immigration et:
Project No, - NO du projet
1874AK2
Name of Project - Titre du projet
Project location - Localite du projet
Sidewalk Repair & Municipal Lake Front Clean-up
Name of Sponsor/Employer - Nom du promoteur/employeur
Bowmanville
Corporation of the Town of Newcastle
HIRING PLAN - PLAN DE RECRUTEMENT
K09
Number of jobs to be created - Nombre eventuel d'emplois crees 5
,
I
: 1. Women - Femmes 3
I
I
12. Youth - Jeunes 4
Number of jobs to be filled by I --
Nombre d'emplois destines aux 13. Native people - Autochtones
I 4
I I Physically disabled
14. Handicapes physiques '_-1,.
You will note that the number of jobs to be filled by these groups can exceed the total number of jobs created because of the fact
that there may be overlaps between the various groups (e.g. a young native person or a young woman, etc.) or can fall below the
total.
A noter que Ie nombre d'emplois destines aces groupes peut etre superieur ou inferieur au nombre d'emplois crees, etant donne que
/es differents groupes peuvent se chevaucher (par ex empIe, un autochtone peut etre un jeune ou une femme etc.).
For the Canada Employment and Immigration Commission
Pour la Commission de I'emploi et de /'immigration du Canada
~L,-
F~S
FEN
1 7 1983
/J~ p~ ~I/$
Date
J-L.b ~ /1 g~
I
Signature
Date
Date
1 I 0
o I 3 I
21 0 10 L 4 I
3 I 0
0,4 I
4 I 0 10 I 0 I
EMP.2981(9-801
1+ Employment and Immigration Canada Emploi et Immigration Canada
THIS AGREEMENT entered into this
2nd
day of Feb ruaiy
19 83 Project No.
BETWEEN:
The CANADA EMPLOYMENT AND
IMMIGRATION COMMISSION, a
body corporate pursuant to
S.C. 1976-77, C. 54
(hereinafter referred to as "CANADA")
l874AK2
OF THE FIRST PART
and
Corporation of the Town of Newcastle
(Name of Incorporated Body)
in the Province of Ontario
(hereinafter referred to as the
"PROJECT SPONSOR")
or
INCORPORATED BODY OF
THE SECOND PART
in the Province of
Represented by: ./
and /'
in their pers6nal and representative capacity
(hereinafter referred to as the "PROJECT
SPONSOR")
NON-INCORPORATED
BODY OF THE
SECOND PART
WHEREAS CANADA conducts a program known as the Canada Employment Program for Canada Com-
munity Development Projects whereby financial contributions are made to assist PROJECT SPONSORS in the carrying,
out of acceptable projects which are non-profit in nature and specifically designed to create term employment for the
unemployed by creating jobs which would not otherwise be available;
AND WHEREAS the PROJECT SPONSOR has implemented or intendsl\) implement such a project and has
presented a Project Proposal which is acceptable to CANADA;
AND WHEREAS CANADA is prepared to make a contribution in respect of a portion of the wages paid to
employees hired by the PROJECT SPONSOR to work on the project, including a portion of the salary paid to the
PROJECT SPONSOR for working on the project, and of a portion of such other costs as CANADA in its absolute
discretion considers to be directly and necessarily related to the efficient management of the project and to the
attainment of the project objectives;
NOW, THEREFORE, THIS AGREEMENT WITNESSES that, in consideration of the mutual covenants and
undertakings herein contained, the parties agree as follows:
The Project
1. In accordance with the provisions of the Project Proposal (as summarized in Schedule A and
Schedule B annexed hereto and forming part of this agreement), and subject to the convenants
and undertakings hereinafter provided, the PROJECT SPONSOR hereby undertakes and agrees to
carry out the project in a manner acceptable to CANADA and substantially in accordance with the
description contained in Schedule A and CANADA hereby undertakes and agrees to make a contri.
bution not to exceed $ 34.940.00 for and in respect of wages paid to employees hired by the
PROJECT SPONSOR to work on the project, salary paid to the PROJECT SPONSOR for working
on the project where the sponsor is an individua~ and such other costs as CANAOA in its absolute
discretion deems to be directly and necessarily related to the efficient management of the project
and the attainment of the project objectives;
2. The project shall be carried out within the territorial limits of Canada and commence operation on
or before the date shown in Schedule A to this agreement, and shall be at all times under the direct
supervision, management, and control of the PROJECT SPONSOR or of an agent of the PROJECT
SPONSOR who has been approved by CANADA;
3. The project shall be operated for the period or periods of weeks indicated in Schedule A and no
contribution will be made for work carried out in weeks not included in such periods without the
prior approval in writing of CANADA;
4. The project shall be subject to review and inspection by representatives of CANADA at such times
and in 'such manner as they deem appropriate, and immediately upon receipt of written notice
from CANADA, shall be altered in any manner considered appropriate to CANADA as being
necessary to ensure that the objectives of the program and proper management procedures are
being complied with;
EMP. 3054 (9-82/El
Canada
Liability
Project
Employees
5. The project must provide a minimum ,of three full-time jobs each week throughout the life of the
project except, during an initial period of two calendar weeks from the actual start date to or-
ganize the project and during the final two calendar weeks of the operation of the project to
conclude operations or, unless authorized in writing by CANADA;
6. A PROJECT SPONSO R who also works on the project shall not concurrently receive wages from
more than one Canada Employment and Immigration Commission project during the term of this
agreement;
7. Wages paid to the individual working sponsor shall not exceed the local prevailing wage rate for the
occupation;
8. The project shall be operated in compliance with all laws, by-laws and regulations enacted by com-
petent authority, and all permits, licences, consents and other authorization as may be required to
permit the carrying out of the project shall be obtained prior to the commencement of any
activity;
9, All projects are required to have Third Party Liability Insurance, unless authorized in writing
by CANADA;
10. All payments required by law to be made by an employer with respect to Income Tax, Unemploy-
ment Insurance, Canada Pension, Quebec Pension, holiday pay and other related matters shari be
the sole and absolute responsibility of the PROJECT SPONSOR and, if requested by CANADA,
prior to the receipt of any contribution from CANADA the PROJECT SPONSOR shall establish
that all registration requirements pertaining to such payments have been completed;
11. The actual carrying out of the project, the supervision and control of the employees in the employ
of the PROJECT SPONSOR, the contracting with, and the supervision and control of, including
the payment of any moneys due thereunder, any subcontractor engaged to undertake a portion of
the project, and any liability or obligation which may arise therefrom shall be the sole and abso-
lute responsibility of the PROJECT SPONSOR and there shall be no claims whatsoever made
against CANADA;
12. ANY AMOUNTS DUE TO SUBCONTRACTORS SHALL NOT BE CONSIDERED as a valid and
proper claim in respect of WAGES;
13. Nothing in this agreement shall be deemed to authorize the PROJECT SPONSOR TO CONTRACT
for or incur any obligation on behalf of CANADA and, except where expressly provided herein,
CANADA shall not reimburse the PROJECT SPONSOR for any liability or obligation incurred;
14. The services and facilities of the Canada Employment Centre shall be used for the hiring of the
employees unless prior written approval, which shall be given only in exceptional circumstances.
is obtained from CANADA;
15. In accordance with the requirements of his/her hiring plan {attached as Schedule B}, the sponsor
agrees to hire, as project employees, women, youth, native persons and physically disabled who are
actively seeking work and registe'red with the Canada Employment Centre and whose working
abilities would be suitable for the requirements of the project activities. CANADA may, in writing,
vary the requirements of the hiring plan where there is a lack of suitably qualified candidates;
16. All persons employed by the PROJECT SPONSOR to work on the project shall be persons who
are legally entitled to work in Canada;
17. A) No member of the PROJECT SPONSOR'S immediate family or of the immediate family of
those individuals signing this agreement on behalf of an incorporated or unincorporated organiza-
tion and employed on the project shall be paid all or any part of his/her wages from the contribu-
tions made by CANADA under this agreement, and no contribution towards other costs in respect
o~ the weeks worked by such person will be paid by CANADA, tml'ess such payment is approved
in writing by CANADA;
B) For the purposes of this section "immediate faml/y" means l;hild, step-child. ward, Spouse,
mother, father, sister and brotMer;
18. No project employee shall concurrently receive wages from more than one Canada Employment
and Immigration Commission project during the term of this agreement unless such employment
is approved in writing by CANADA;
19, Wages paid to project employees shall not exceed the local prevailing wage rate for each occu-
pation;
20. Project employees shall be permitted, during normal working hours, to attend interviews relating
to more permanent employment, subject only to the need to give the PHOJECTSPONSOR reason-
able notice of the employee's absence from work for the interview and, where requested, proof of
attendance at the interview; it being understood that any contribution by CANADA in respect of
wages for that employee shall be made for the period during which the employee is absent from
work for an employment interview;
Accounts and
Records
21. Proper books and records of the financial management of the project shall be maintained and,
without limiting the generality of the foregoing shall include records of the names, addresses and
work of all employees, their wage rate, the wages actually paid, and the daily hours worked by
each employee, records of all other project costs, expenditures and revenues, together with all
vouchers, receipts, cancelled cheques and other documents evidencing such costs, expenditures
and revenues and separate records respecting th~ disbursement of all moneys received from
CANADA under this agreement;
22. The books and records shall be made available at all reasonable times for the inspection and audit
by representatives of CANADA, who may make copies thereof and take extracts therefrom and
proper facilities for any such inspection and audit shall be made available, together with any infor-
mation that ma~ be required with reference to such books and records;
23. Subject to any directive by CANADA, all moneys received from CANADA under this agreement
shall be kept in a separate account with an institution providing banking facilities and all with-
drawals therefrom shall be recorded in the books and records of the project and used only for the
purposes for which the moneys were received;
24. There shall be forwarded to such place as CANADA or its representative may direct written
monthly interim reports when requested by CANADA setting forth a detailed statement, certified
correct by the sponsor or his/her agent, of all expenditures and revenues related to the project;
25. Whenever requested by CANADA, there shall be furnished such other reports concerning the
expenses and progress of the project, particulars of the employees, and the attainment of project
objectives;
26. The financial accounts, reports, records, invoices, receipts and vouchers relating to the conduct of
the project shall be retained by the PROJECT SPONSOR until:
(i) written permission for their disposal is obtained from CANADA under this Agreement,
and
(ii) permission for disposal is obtained from all appropriate authorities as may be required
under applicable federal, provincial and municipal laws;
Contributions 27. Subject to the performance by the PROJECT SPONSOR of his/her covenants and undertakings,
CANADA agrees that the contribution shall be an amount determined by the actual number of
work-weeks carried out on the project by the PROJECT SPONSOR and employees hired in
accordance with the terms of this Agreement from the date' .of commencement of the project to
the date of conclusion of the project termination or expiration of this agreement whichever occurs
first;
28. Subject to clauses 1 and 27 the amount of contribution is equal to the aggregate of:
(a) the wages paid to any person employed on the project in accordance with the terms of this
Agreement, shall not be less than the relevant minimum wage required bylaw to be paid in
that province nor more than the prevailing wage rate in that locality for each occupation as
determined by the Canada Employment Centre, and within these limits:
(i) contributions for wages paid to the PROJECT SPONSOR where he/she is an individual
and working on the project, or the Project Manager, or other person hired as supervisor,
foreman or to train other participants and identified as such, shall be the lesser of
(a) the actual gross wages paid to that person, or
(b) an amount produced by multiplying the sum of the actual number of work-weeks
worked on the project by the Project Sponsor, Project Manager or other person
hired as supervisor, foreman or to train other participants by the wage rate for
each person as shown in Schedule A and amendments thereto as the maximum
allowable federal contribution per week;
(ii) contributions for wages paid to the Project employees other than the Project Manager
hirE!d in accordance with the terms of this Agre9ment, shall b~ the lesser of
(a) the actual gross wages paid to those persons, or
(b) an amount produced by multiplying the sum of the actual number of work-weeks
worked on the project by the employees by the wage rate for employees as shown
in Schedule A and amendments thereto as the maximum allowable federal contri-
bution per week;
(b) the lesser of
(i) the actual costs excluding gross wages incurred by the project which are deemed by
CANADA to be directly and necessarily related to the efficient management of the pr~
ject and to the attainment of the project objectives, or
(ii) the amount produced by multiplying the sum of the number of work-weeks worked
by the PROJECT SPONSOR or Project Manager and the employees of the project hired in
accordance with the terms of this Agreement by the amount specified in Schedule A as the
. maximum allowable federal contribution to other costs;
Payment
(c) for those projects. for which an additional contribution is authorized in respect to such items
as building rental or acquisition of equipment, sub-contracting costs and other capital items,
the lesser of
(i) the costs of such items actually incurred, or
(ii) the amount produced by multiplying the sum of the number or work-weeks worked by
the PROJECT SPONSOR or Project Manager and the employees hired in accordance with
the terms of this Agreement by the amount specified in Schedule A as the maximum
allowable additional cost allowance.
29. Notwithstanding clause 27 where the total of weeks actually worked by a PROJECT SPONSOR or
employees on the project is less than the total proposed work-weeks the contribution payable in
respect of that sponsor and employees shall be reduced accordingly;
30. In addition to the contributions set out in clause 27 the following shall be paid by CANADA:
(a) any assessment raised by a provincial or territorial Workmen's/Workers' Compensation Board
in respect of the employees of the project, including where applicable the PROJECT SPON-
SOR or the Project Manager, and such payments to be made either to the PROJECT SPON-
SOR or on behalf of the PROJECT SPONSOR to the appropriate Board at the discretion
of CANADA; and
(b) where the provincial Workers'/Workmen's Compensation Board does not provide coverage,
any premiums paid by or on behalf of the project sponsor to a private insurer to provide
coverage similar to workers' compensation coverage, which payments are to be made to an
insurer designated by CANADA;
31. If a portion of the contribution made by CANADA under the terms of this agreement has been
used for the purchase of assets which have not been physically incorporated into the final product
of the project, CANADA, at its discretion may direct that the assets so purchased either:
(i) be sold at a fair market value and the funds realized from such sale be immediately paid
over to CANADA,
(ii) be turned over to a registered charitable organization,
(Hi) be retained by the project in cases ,where the PROJECT SPONSOR satisfies CANADA,
that the project is able to continue, and will continue, as a registered non-profit institu-
tion, or
(iv) be turned over to CANADA for transfer to the Crown Assets Disposal Corporation;
..~.:---
32. No contribution shall be made in respect of such portion of the wages, costs, and other approved
costs to which CANADA already shares or is required to share or that CANADA has borne or is
required to bear pursuant to any other agreement or any other Act of the Parliament of Canada;
33. Unless otherwise indicated in writing by CANADA, any REVENUE generated as a result of
project activities shall be applied to the total project costs and then to reduce the federal con-
tribution and no determination of the contribution by CANADA to the costs of the project shall
be made until such revenues have been so applied;
34. If CANADA directs under clause 31 that the PROJECT SPONSOR retain the capital assets pur-
chased from contributions, or if CANADA agrees under clause 33 to allow the PROJECT SPON-
SOR to use revenues of the project for any purpose other than defraying the costs of the project,
it is a condition of such allowance or direction that if the PROJECT SPONSOR
(a) substantially varies the project from the provisions of the project proposals, or
(b) terminates or ceases to carry out the project for whatever reason
during the three years immediately following the date on which the last contribution is made,
then the PROJECT SPONSOR shall repay to CANADA as a debt due to CANADA
(c) the amount of contributions used to purchase the capital assets less any depreciation as
determined by CANADA from the date of purchase, and
(d) the total amount of revenues allowed for l,Ise other than defraying the costs of the proj.rtct;
35. Payment of the contribution shall be made in the following manner:
(a) an advance payment not to exceed the estimated costs for the first three calendar months
of operation and thereafter for one month at a time. An accounting for the first and subse-
quent months shall be required by CANADA before the advance for the fourth and each
following month is made;
(b) a final payment of any sums due hereunder following approval by CANADA of a final pro-
gress report and financial statement, or if considered necessary by CANADA following com-
pletion of an audit by representatives of CANADA;
36. CANADA may withhold payment of such amount as it deems necessary pending approval of the
progress of the project, the said amount to include a sum not exceeding 10% of the agreement
value payable on receipt of a project final report and financial statement acceptable to CANADA;
Termination
37. If, at any time, in the opinion of'CANADA, the PROJECT SPONSOR has failed to conduct the
project in a manner acceptable to CANADA, or has .failed to comply with any of his/her cov-
enants or undertakings contained herein, CANADA may:
(a) terminate the agreement by giving written notice thereof and any payments which would have
been otherwise payable to the PROJECT SPONSOR at the time of such termination may, at
the discretion of CANADA, be withhela., or
(bl give written notice to the PROJECT SPONSOR that the project has been placed on probation
for a period of no longer than twenty-one (21) days, during which time the PROJECT
SPONSOR must take appropriate action to remedy the failings identified by CANADA, it
being further understood and agreed by both parties hereto that:
(i) during the period of probation CANADA shall continue to meet such undertakings set
down herein,
(ii) during the period of probation CANADA, if it is deemed necessary, may terminate the
agreement by giving written notice thereof;
Overpayments 38. (a) In the event payments made to the PROJECT SPONSOR exceed the amounts for which
the PROJECT SPONSOR is properly entitled any such overpayment shall be payable forthwith
to CANADA upon receipt of notice thereof, and such overpayment shall be recognized as being
a debt due to CANADA;
(b) For purposes of sub-section (a), an overpayment arises where payments made to the PROJECT
SPONSOR exceed the sum set out in clause 1 or is determined through financial reports or audit
carried out by CANADA to exceed the authorized expenditures identified under clause 27;
General
39. The PROJECT SPONSOR shall erect at his/her expense on the project site a sign to be supplied
by CANADA identifying the project as a project receiving a contribution under the Canada Com-
munity Development Projects;
40. This agreement may be amended upon the mutual written consent of the parties;
41. No Member of the House of Commons shall be admitted to any share or part of this agreement or
to any benefit arising therefrom;
42. This agreement may not be assigned by the PROJECT SPONSOR without the written approval of
CANADA;
..~.~.
43, This agreement enures to the benefit of, and is binding upon the parties and their executors, admi-
nistrators, successors, and permitted assigns;
44. Any payment due hereunder is subject to there being an appropriation for the fiscal year in which
such commitment comes in course of payment;
45. Where as a result of the activities of the project a vvork is produced, the production of which has
been made possible by contributions herein, notwithstanding any action the PROJECT SPONSOR
may take to protect the said work by copyright patent, or other legal means, the PROJECT
SPONSOR hereby authorizes CANADA to produce, reproduce, publish, translate, adapt, record
by any means, diffuse and broadcast the said work;
46. Where there is a significant demand by the persons to whom the project provides its services, the
PROJECT SPONSOR shall ensure, to the extent that it is feasible to do so, that such persons can
obtain the services from and can communicate with it in both official languages.
It is further understood by the representatives of the PROJECT SPONSOR that the person or persons signing
this agreement for a PROJECT SPONSOR which is not a legally incorporated body or registered partnership hereby
undertakes and agrees to be personally, jointly and severally liable for any and all obligations assumed by the PROJECT
SPONSOR under this agreement and for any future debt due to CANADA by reason of the agreement.
IN WITNESS WHEREOF the parties hereto have affixed their hands.
For the PROJECT SPONSOR
r'l8:j.o~ .
POSItion
j"yj 3/ L9,j) I /~ cC<<"'J',
. Date ;7 S,gnature
k~d~~~
:J~ 3 ;Cjg3
I
Date
(} L-c7<Jc
Position
Witness
Date
Date
L
'--
For Canada
Senior Project Officer
Position
FEEl
FE'V
1 7 1981
Signature
SigR8E1 iR tA8 pr8tgRG8 gf tAg &i9~3tori9[ f9r botl:l p3rti9&.
Source
Q9 Canada Community Development
Projects (CCDP)
O Canada Community Services
Projects (CeSP)
Project No.
1+
Employmenl and Emploi at
Immigration Canada Immigration Canada
NO-riCE flr..PAYMENT
Sidewalk Repair & Municipal Lake Front
Clean u
Ibove. Further payments will be sent to you, based ori anticipated expenditures which
I1IUIII,;t::
you will report on future Project Monthly Reports.
METHOD OF CALCULATION OF THE CHEQUE
TOTAL AGREEMENT VALUE INCLUDING AMENDMENTS 1$
1. INITIAL PAYMENT - (This section to be used for first payment only.)
_ Estimated costs for the first three calendar months of operation but not to exceed 90% of the
Agreement value including amendments.
34 ,940
\0
10
1$ 16,510
2.1NTERIM PAYMENTS - Based on CCDP 0 CCSP 0 criteria.
Allowable Expenses
(2)
(3)
Total
(Col. 2 x Col. 3)
(4)
Maximum Allowable
Contribution
(Lesser of Col. 1 or
Col. 4 for each Item)
5
Expenditure Item
Estimated Expenses
As Per Project
Monthly Report
(1 )
Work Weeks
Allowable Cost
Project Manager Wages
x
=
x
x
TOTAL
o
Employee Wages
x
TOTAL
o
o
CCDP - Additional Cost Allow. *
CCSP - Capital Costs
Total Expenses Excluding Gross
ages
less Aniount in Box E
COP - Other Expenses
CSP - Direct Overhead Expenses
.Payable only if provided for in the Agreement
x $40
=
o
o
o
8
o
8
G
G
o
TOTAL ALLOWABLE CONTRIBUTION (C+ D + E+ F) $
Number of Months of Project Operation to Date:
ESTIMATED NET PROJECT EXPENDITURE AS PER YOURPROJECT MONTHLY REPORT $
PERMISSIBLE FEDERAL PA YMENT (lesser of A, G or H) $
Lel:l TOTAL AMOU~T PAID TO DATE
I .
I
i
$
AMOUNT NOW PAYABLE (J - K) $
lESS HOLDBACK (10% OF J) $
, C 0 PT~(l-M)
ADO -WORKERSIWORKMEN'S'COMPENSATION (Applicable only to Projects
for which payment was not made directly to the provincial WCB) X
j,.') .
'I
,I
,.
i
$
%=
$
VALUE OF CHE~UE IN + P)
Is
16,510.00
10
Dept. Ref. No, All.
Resp.
Centre
Date monthly report received
on which this payment is based
Payment Type
Fiscal Month
Activi
Line'Obj.
Canadian Amount
Cr.
Cheque No.
Date
cJ111~
3031
000
I
16 5101 00
I
I
J
I
TOTAL I
16 510' 00
Certif!Jld~rsuant to section 27 of the ..
Finan 'al,d inistration Act~'it 1 rl 1983
if 'D M Y
t \'\i\_... ~, LLlJ
Date
Requisitioned for payment pursuant to section 26 of the Financial
Administration Act and certified in attendance with subsection 7(1)
of the Account Verif tion and Payment Requisition Regulations.
D M Y
LLLJ
Date
64
769
6910
rvices Officer
Signature
EMP. 2155 (11-80)
- ,.(.
E.I.i,S. L~i::h No. J.J.~J~