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HomeMy WebLinkAbout83-20 ~ THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 83-20 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 Corporation of the Town of Newcastle and seal with the Corporation Seal an Agreement between HER MAJESTY THE QUEEN, in right of the Government of Canada as represented by the Minister of Employment and Immigration, and the sai d Corporation dated the 3 rJ.. day of J=L~ A.D. 1983, which is attached hereto as Schedul "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. ~#~~ Mayor ~.~ Cler File No. ",,,J...?.;m.Yf:../.Q...L,... _...... ......... '.I~'_~ '1+ Employment and Immigration Canada 6mploi et Immigration Canada ~~ . (d...<:. ....35.$1./41. CANADAEMPLOYMENTPROGRAM SCHEDULE "A" Forming Part of the Agreement under the Canada Employment Program between the Canada Em- ployment and Immigration Commission and: PROGRAMME D'EMPLOI DU CANADA ANNEXE ''Jo\'' Canada Community Development Projects Projets de de"~/oppmnent communautaire du Canada 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: Project No. - NO du projet 1875.AK9 Name of Project - Titre du prQjet Newcastle Tourism Development Project Name of Sponsor/Employer - Nom du promoteur!employeur Corporation of the Town of Newcastle Address of Sponsor Adresse du promoteur 40 Temperance Street -- -------- - ---- --- -- - - - - ----- ------ Bo~anvi11e, Ontario Project Location - Lieu du projet LIe 3A6 Bowmanvi11e This project must start on or before: Le projet doit commencer au plus tard Ie: K09 '.From . D-J M Y-A. I D-J V-A NormalWorkWeek Expected Period of I IT 0 I Semaine normale de trav. Operation :Ou I 21 83 IAul 21 83 Y-A Periode de fonctionne- IFrom : D-J V-A :To: D-J V-A Hours.... ... 83 ment :Ou : lAu : Heures ... 40 Subject to the normal provisions of the agreement, this project may operate for the period of wee.ks indicated above. but cannot exceed the total proposed work weeks as shown in column (2) below./Sous reserve des db,positions habituel/es de I'accord, Ie present projet pourra se derouler pendant Ie nombre de tremaines indiqua ci-dessus, mais ne pourra exceder Ie total propose des sem6ines de travail figl/rant a la colonne (2) cl-dessous. CALCULATION OF FEDERAL CONTRIBUTION - CALCUL OE LA CONTRIBUTION FEoERALE Total estimated Total estimated jobs work-weeks Total estime Total estimti des des emp/ois sen'\, de travail 1 Estimated cost CoOt prevu Max. allow. fed. con. Con. fed. maximale admissible Perwk Total Parsem. ICol. 2 x col. 5) 5 6 Pefmissible fed. cgn. Lesser of 4 or 6) Cantr. fed. autorise(1 (momdrede4ou6) 1 From Ou ~5 From Du V-A 83 Y-A 9 ,800 280 i 9,800 ... 9 , 800 To Ou Au Sub Totals - Project Management Sous-total - Direction du projet 9,800 9 , 800 35 From Du V-A 83 V-A 1f, 76r{ . 168 11,760 11,760 2 70 70 From Du Sub Totals - Other Employees Sous-total Autres employes Other Expenses Autres frais 11,760 3 .:105 .. 5 , 250 5,250 Additional Cost Allowance lif applicable) Frais supplementaires (s'il y a lieu) 26810 >~ t :' "")'.: 1. Gross Project Cost . .: ~ Frais bruts du projet. ,,:J.' ',J .::S::1';: C".' Less Funds from Other Sources . ;;)]::: _ -:..: Moins fonds d'autres sources Net Project Cost Frais nets du projet A $ 26 810 TOTAL Permissible Federal Contribution (Lesser of A or B) Contribution fecJera/e au tori. (Le moindre de A ou B) $ 26..810 Add - Workers/Workmen's Compensation Ajouref - Commission des acciden~s de travail $ Maximum Federal Contribution Contribution fedlra/e maxima/e 1$ 2.6:,810 I .Signature Date For the Canada Emplovment and.immigration Commission Pour la Commission de I'emploi et de /'immigration du Canada FOR OFFICIAL USE - Commitment No. NO d'engagement RESERVE Amend No. - Nf' de la modif. Fiscal Year 1 Federal Contri- bution/Contribution federale pour la 1re annee financif}re Fiscal Year 2 Federal Contri- bution/Contribution federale pour la 28 annee financiere 6 8 Fiscal Yr 1-Work.Wks Fiscal Yr 2 -Work-Wks Sem. travail pour la Sem. travail pour la 1re annee financiere 2f! annee financiere 2 3 4 5 6 7 8 9 10 11 B -law NO..nh__.~.J__=_~Q. . . I + Employment and Immigration Canada Emploi at 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 D'EMPLOI DU CANADA ANNEXE '~" 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: Canada Community Development Projects Projets dti dheloppement communautaire du Canada Project No. - NO du proje;; 1875AK9 Name of Project - Titre du pro jet Newcastle' Tourism Development Project Name of Sponsor/Employer - Nom du promoteur/employeur Corporation of the Town of New cas t1e Address of Sponsor - Adresse du promoteur 40 Temperance Street ----------.--------------------------- Bowmanvi1le) Ontario LIC 3M Project Location - Lieu du projet Bowmanvil1e K09 PROJECT DESCRIPTION AND OBJECTIVES - DESCRIPTION ET OBJECTIFS DU PROJET OBJECTIVES The sponsor will hire three people to undertake promotional activities in order to develop an awareness of the facilities and attractions available in the Town of Newcas tIe. ACTIVITIES One staff member will compile and develop promotional material on the cultural, recreational and educational attractions of the Town. This information will be used in making a brochure for distribution aimed at stimulating tourism in the area. .' One employee will be responsible for establishing a "Town of Newcastle Development Board". The committee will investigate ways and means of developing local tourism potential. The third project worker will operate a Tourist Information Centre during the spring, summer and fall of 1983. Notwithstanding Item 23, all funds contributed to the proje'~t by Canada. will be integrated with the flmds of the Town of Newcastle. For monitoring and auditing purposes, the following records will be made available: a) signed TD1 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 project 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. Si nature Date r moteur/employeur ...e~ ~ 3-, 19't3 Date JSL-h 3/ (9"8 Date For the Canada Employment and Immigration Commission Pour la Commission de /'emploi et de /'immigration du Canada EMP. 3017 (9-82) Canada 1+ Employment and Immigration Canada Emploi et Immigration Canada CANADA EMPLOYMENT PROGRAM SCHEDULE "B" PROGRAMME D'EMPLOI DU CANADA ANNEXE "8" Canada Community Development Projects Projets de dBveloppement communautaire Qg 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 1875AK9 Name of Project - Titre du projet Project Location - Localite du projet Newcastle Tourism Development Project Bowmanvil1e Name of Sponsor/Employer - Nom du promoteur/employeur Corporation of the Town of Newcastle K09 HIRING PLAN - PLAN DE RECRUTEMENT Number of jobs to be created - Nombre eventuel d'emplois crees ':\ : 1. Women - Femmes 3 I I 12. Youth - Jeunes Number of jobs to be filled by I 2 Nombre d'emplois destines aux 13. Native people - Autochtones I 1 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 destinh a ces groupes peut etre superieur ou inferieur au nombre d'emplois crees, etant donne que 111$ differents groupes peuvent ae chevaucher (par exemple, un au toch tone peut etre un jeune ou une femme etc.). Siglature Date For the Canada Employment and Immigration Commission Pour /a Commission de I'emploi et de /'immigration du Canada '1 0 0 I 3 I 21 0 0 I 21 3 I 0 0 1 I 4 I 0 0 I 1/ EMP. 2981(9-80) I + Employment and Immigration Canada Emploi et Immigration Canada THIS AGREEMENT entered into this 31st day of January 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") 1875AK9 OF THE FI RST PART and Corporation of the Town of Newcastle (!\tame of Incorporated Body) in the Province of Ontario , (hereinafter referred to as the "PROJECT SPONSOF(") or INCORPORATED BODY OF THE SECOND PART (Name of non-incorporated body) in the Province of Represented by: and in their personal and representative capacity (hereinafter referred to as the "PROJECT SPONSOR") NON-INCORPORATED BODY OF THE SECONQ 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 in~endsJp implement suc::1) a project and has pre$ented 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 $ 26,810.00 for and in respect of wages paid to employees hired bV the PROJECT SPONSOR to work on the project, salary paid to the PROJECT SPONSOR for working on the project where the sponsor is an individual and such other costs as CANADA 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. Th~ project shall be carried out within the territorial limits of Canada and commence operation on or before the date shown in Schedule A to th is 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/E) 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 SPONSOR 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 CGmpliance 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 carryin9 out of the proj~ct shall be obtained prior tQ the ~ommencement 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 shall 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 absQ- lute responsibility of the PROJECT SPONSOR and there shall be no claims whatsoever made against CAN AD A; 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 wher~ expressJy provided herein, CANADA shall not reimburse the PROJECT SPONSOR for anyliability 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 circumstalials, 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 registered 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 tpwards other costs in respect of the weeks worked by such person will be paid by CANADA, unless such payment is approved in writing by CANADA; B) For the purposes of this section "immediate family" means chi.Jd. step-child, ward, spouse, mother, father, sister and brother; 18. No project employee shall concurrently receive wages from more thim one Canada I:mployment 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 PROJECT SPONSOR 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; 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 the disbursement of all moneys received from CANADA under this agreement; Accounts and 21. Records 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 max 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, ~d ~ (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'ofcommencement 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 by law 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 individuat . 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 hired in accordance with the terms of this Agreement, shall be 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 tate for employees as shown in Schedule A and amendments thereto asth1l maximum all~wable 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 pro- ject and to the attainment of the project objectives, or (ij) 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; Pay rnent (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 (iJ 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'sN/orkers' 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 immedia~ely paid over to CANADA, (ii) be turned over to a registered charitable organization, (iii) 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; '..?i..- 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 use other than defraying the costs of the project; 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 withheld, or (b) 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; Any payment due hereunder is subject to there being an appropriation for the fiscal year in which such commitment comes in course of payment; Where as a result of the activities of the project a work 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; 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. 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. 45. 46. Fo~ the PROJECT SPONSOR {' L c-~-7L1c Position ; ~~~ , 17'93 Date /~d2~~ )W 3,1'1(3 Ih~o fJ Position Date Witness For Canada Signature Date Senior Project Officer Position Date Signature SigRetf iA the f!lreS8F1ee ef the si~Flateries fer I;,eth Jasrtie!.