HomeMy WebLinkAbout17 014 Contribution Agreement for Funding under the Canada 150 Community Infrastructure Program (Lighthouse) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2017 - 014
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH
HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS REPRESENTED BY
THE MINISTER RESPONSIBLE FOR FEDERAL ECONOMIC DEVELOPMENT
AGENCY FOR SOUTHERN ONTARIO
(Canada 150 Community Infrastructure Program Contribution Agreement)
WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
• amended, provide that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues and has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS in its 2016 Budget, the Government of Canada allocated an
additional $150 million to the Canada 150 Community Infrastructure Program
("CIP 150") to renovate, expand and improve existing community infrastructure
assets;
AND WHEREAS the Minister has agreed to make a non-repayable contribution
to The Corporation of the Municipality of Kincardine in support of the Eligible
Costs of the Rehabilitation of Kincardine Lighthouse Project;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
410 1. That The Corporation of the Municipality of Kincardine enter into a
contribution agreement for funding under the Canada 150 Community
Infrastructure Program for the Rehabilitation of Kincardine Lighthouse Project
with Her Majesty the Queen in Right of Canada as represented by The
Minister Responsible For Federal Economic Development Agency For
Southern Ontario in the amount of one hundred forty six thousand six
hundred sixty seven dollars ($146,667) as outlined in Schedule 'A'.
2. That the Mayor and Chief Administrative Officer be authorized and directed to
sign and execute, on behalf of The Corporation of the Municipality of
Kincardine, the contribution agreement with Her Majesty the Queen in Right
of Canada as represented by The Minister Responsible For Federal
Economic Development Agency For Southern Ontario, attached hereto as
Schedule "A" and to affix the corporate seal.
3. This by-law shall come into full force and effect at the time of its passing.
•
Page 2
Contribution Agreement for Funding under the Canada 150 Community
Infrastructure Program (Rehabilitation of Kincardine Lighthouse Project) By-law
By-law No. 2017 - 014
4. This By-law may be cited as the "Contribution Agreement for Funding under
• the Canada 150 Community Infrastructure Program (Rehabilitation of
Kincardine Lighthouse Project) By-law".
READ a FIRST and SECOND TIME this 1st day of February, 2017.
READ a THIRD TIME and FINALLY PASSED this 1st day of February, 2017.
' e
Mayor Clerk
•
•
•
This is Schedule " A " to By-Law '
NoD1l<C71y passed the I day
of Felpf L-1014 201-1-
Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
CANADA 150 COMMUNITY INFRASTRUCTURE PROGRAM
CONTRIBUTION AGREEMENT
This Contribution Agreement is made as of February 1,2017
BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA("Her
Majesty") hereby represented by the Minister responsible for Federal
Economic Development Agency for Southern Ontario
AND: The Corporation of the Municipality of Kincardine ("Recipient") a
municipal government established under the laws of Ontario.
WHEREAS the Federal Economic Development Agency for Southern Ontario ("Agency")
was created to help make Canadians more productive and competitive in the knowledge-
based economy, by supporting economic development, economic diversification, job
creation, and sustainable, self-reliant communities in southern Ontario;
WHEREAS in its 2016 Budget,the Government of Canada allocated an additional $150
million to the Canada 150 Community Infrastructure Program ("CIP 150") to renovate,
expand and improve existing community infrastructure assets; and
WHEREAS the Minister has agreed to make a non-repayable contribution to the Recipient
up to the maximum amount of one hundred forty six thousand six hundred sixty seven
dollars ($146,667) in support of the Recipient's Eligible Costs (as defined herein) of the
Project(as defined herein),
NOW THERETOFORE, in accordance with the mutual covenants and agreements
herein, Her Majesty as represented by the Minister and the Recipient agree as follows:
1. Purpose of the Agreement
The purpose of this Agreement is to set out the terms and conditions under which the
Minister will provide CIP 150 (as defined herein) funding in support of the Project (as
defined herein).
2. Interpretation
2.1 Definitions. In this Agreement, a capitalized term has the meaning given to it in this
section, unless the context indicates otherwise:
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Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
Aboriginal Government means a band council within the meaning of section 2 of the
Indian Act; or a government authority established pursuant to a Self-Government
Agreement or a Comprehensive Land Claim Agreement, given effect and declared valid by
federal legislation.
Agency means the Federal Economic Development Agency for Southern Ontario.
Agreement means this agreement including all the annexes attached hereto, as such may
be amended,restated or supplemented, from time to time.
CIP 150 means the Canada 150 Community Infrastructure Program as described in the
recitals hereto.
Contribution means the contribution to Eligible Costs in the amount stipulated in
Subsection 4.1.
Control Period means the period of six (6) years following the period determined in
Subsection 3.1 as the duration of the Agreement.
Date of Acceptance means the date on which the duplicate fully executed copy of this
Agreement is received by the Minister.
Eligibility Date means April 1, 2016.
Eligible Costs means those Project Costs supported by the Contribution and which are
identified in Annex 1 — Statement of Work and relating to the Project activities described
therein and which are in compliance with Annex 2—Costing Guideline Memorandum.
Event of Default means the events of default described in Subsection 12.1 hereof.
Final Report means the report described in Subsection 7.1 hereof.
Final Report Date means June 30, 2018.
Fiscal Year means the Government of Canada's fiscal year beginning on April 1st of a
year and ending on March 31st of the following year.
Minister means the Minister responsible for the Agency or any one or more of his
representatives.
Parties means the Minister and the Recipient and Party means any one of them.
Program Completion Date means March 31, 2018.
Project means the project described in Annex 1 —Statement of Work.
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Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
Project Costs means the total costs of the Project as set out in Annex 1 — Statement of
Work.
Southern Ontario includes the following 2011 Statistics Canada Census Regions: 1
Stormont, Dundas and Glengarry; 2 Prescott and Russell; 6 Ottawa; 7 Leeds and Grenville;
9 Lanark; 10 Frontenac; 11 Lennox and Addington; 12 Hastings; 13 Prince Edward; 14
Northumberland; 15 Peterborough; 16 Kawartha Lakes; 18 Durham; 19 York; 20 Toronto;
21 Peel; 22 Dufferin; 23 Wellington; 24 Halton; 25 Hamilton; 26 Niagara; 28 Haldimand-
Norfolk; 29 Brant; 30 Waterloo; 31 Perth; 32 Oxford; 34 Elgin; 36 Chatham-Kent; 37
Essex; 38 Lambton; 39 Middlesex; 40 Huron; 41 Bruce; 42 Grey; 43 Simcoe; 46
Haliburton; and 47 Renfrew.
"Substantially Completed"has the same meaning and shall be determined in accordance
with how the term"substantially performed" is determined in subsection 2(1) of the
Construction Lien Act,R.S.O. 1990, c. C.30, as amended, and"Substantial Completion"
shall have a corresponding meaning.
2.2 Singular/Plural. Wherever from the context it appears appropriate, each term stated
in either the singular or plural shall include the singular and the plural.
2.3 Entire Agreement. This Agreement comprises the entire agreement between the
Parties. No prior document, negotiation, provision, undertaking or agreement in
relation to the subject matter of this Agreement has legal effect. No representation or
warranty, whether express, implied or otherwise, has been made by the Minister to
the Recipient, except as expressly set out in this Agreement.
2.4 Inconsistency. In case of inconsistency or conflict between a provision contained in
the part of the Agreement preceding the signatures and a provision contained in any
of the Annexes to this Agreement, the provision contained in the part of the
Agreement preceding the signatures will prevail.
2.5 Annexes. This Agreement contains the following Annexes as described below,
which form an integral part of this Agreement:
Annex 1 - Statement of Work
Annex 2 - Costing Guideline Memorandum
Annex 3 -Reporting Requirements
Annex 4-Federal Visibility Requirements
3. Duration of Agreement
3.1 Duration of Agreement. This Agreement comes into force on the Date of
Acceptance and, subject to Subsection 3.2,will terminate:
(a) twelve (12)months after the earlier of:
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Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
i) the Project is Substantially Completed; or
ii) the Program Completion Date.
(b) upon the date on which all amounts due by the Recipient to Her Majesty under
this Agreement,have been paid in full,
whichever is the later, unless terminated earlier in accordance with the terms of this
Agreement.
3.2 Control Period. Notwithstanding the provisions of Subsection 3.1 above, during the
Control Period, the rights and obligations described in the following sections shall
continue beyond the duration of the Agreement:
Section 5 - Other Government Financial Support
Subsection 6.6—Overpayment and non-entitlement
Subsections 7.3, 7.4, 7.5, 7.6 and 7.7 -Monitoring,Audit and Evaluation
Subsection 8.1c)and 8.2c)—Representations and Covenants
Section 11 - Indemnification and Limitation of Liability
Section 12 -Default and Remedies
Section 13 —Project Assets
Subsection 15.9 -Dispute Resolution
4. The Contribution
4.1 Subject to the terms and conditions of this Agreement,the Minister will make a non-
repayable contribution to the Recipient in respect of the Project in an amount not
exceeding the lesser of(a) and(b) as follows:
(a) maximum 33.34% of total Eligible Costs of the Project incurred and paid by the
Recipient; and
(b) $146,667.
4.2 The payment of the Contribution per Fiscal Year is estimated at amounts as specified
in Annex 1 — Statement of Work. The Minister will have no obligation to pay any
amounts in any other fiscal years than those specified in Annex 1 — Statement of
Work.
4.3 The Recipient acknowledges that notwithstanding the date of execution of this
Agreement,the Minister will not reimburse costs incurred by it prior to April 1, 2016
or later than the Program Completion Date.
4.4 The Minister shall not contribute to any Eligible Costs incurred by the Recipient
which could cause the Contribution,noted in Subsection 4.1 herein to be exceeded.
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Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
4.5 The Recipient shall be responsible for all costs of the Project, including cost
overruns, if any.
4.6 Holdbacks. Notwithstanding any other provisions of this Agreement, the Minister
will, at the Minister's sole discretion, withhold up to ten percent (10%) of the
Contribution amount until:
(a) the Project is Substantially Completed;
(b) the Recipient has satisfied all the conditions of this Agreement;
(c) the Final Report described in Subsection 6.4(a)(ii) has been submitted to the
satisfaction of the Minister;
(d) audits and site visits, where required by the Minister, have been completed to
the satisfaction of the Minister; and
(e) the Minister has approved the final claim described in Subsection 6.4.
5. Other Government Financial Support
5.1 The Recipient hereby confirms that for purposes of this Project no other federal,
provincial, local Government assistance has been requested, received or will be
received, except as disclosed in Annex 1 —Statement of Work.
5.2 The Recipient shall promptly inform the Minister in writing in the event additional
other government financial support has been requested or received for the Project,
during the term of this Agreement and acknowledges and agrees that an adjustment
to the amount of the Contribution and a request for repayment of part or all of the
amounts paid to the Recipient may be made as a result thereof. The amount of
repayment requested will constitute a debt due to Her Majesty and will be recovered
as such from the Recipient.
5.3 In no instance will the total government funding towards the Eligible Costs of the
Project be allowed to exceed one hundred percent(100%) of the total Eligible Costs.
6. Claims and Payments
6.1 The Recipient shall maintain accounting records that account for the Contribution
paid to the Recipient and the related Project Costs in respect of this Agreement,
separate and distinct from any other funding.
6.2 Claims Procedures. The Recipient shall submit claims for reimbursement of
Eligible Costs incurred and paid, not less frequently than semi-annually or more
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Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
frequently than monthly, in a form satisfactory to the Minister. Each claim will
include the following information:
(a) an itemized summary by cost category of Eligible Costs incurred and paid,
substantially in the form prescribed by the Minister;
(b) a certification of the claim by a director or officer of the Recipient, confirming
the accuracy of the claim and of all supporting information provided;
(c) if applicable, a certification by a director or officer of the Recipient that any
mitigation measures listed in Annex 5 — Environmental Mitigation Measures
have been implemented; and
(d) substantiating documentation (including without limitation, any invoice or
proof of payment), as may be required by the Minister.
6.2.1 The Recipient agrees to submit its last claim for Eligible Costs in each Fiscal Year on
or before March 1St of that Fiscal Year.
6.3 Advance Payments.
(a) Initial Advance. Where the Minister is satisfied and has determined that the
Recipient's cash flow requirements justify the need for an advance against the
Eligible Costs payable under this Agreement, the Minister may, at his sole
discretion,pay to the Recipient an initial advance for Eligible Costs up to 25%
on the portion of the Contribution allocated to Fiscal Year 2016-2017, subject
to the following:
(i) The Recipient submits to the Minister's satisfaction, a forecast of cash
flow requirements to be incurred during the initial advance period along
with any documentation that the Minister may reasonably request.
(ii) The Recipient shall account by way of claim, to the satisfaction of the
Minister, for the use of any advances.
(b) The Recipient agrees to spend advances in the Fiscal Year in which the
advance was made, failing which the Recipient agrees to reimburse the
Minister any unspent amounts. If the amount of the advance exceeds the
amount of Eligible Costs incurred during the previous advance period, the
Minister may deduct the excess amount and any interest earned by such excess
from any other payment under this Agreement.
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Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
6.4 Final Claim Procedures.
(a) The Recipient shall submit a final claim pertaining to the final reimbursement
of any Eligible Costs previously claimed or not, signed by a director or officer
of the Recipient and accompanied by the following, in addition to the
requirements set out in Subsection 6.2, in a form satisfactory to the Minister in
scope and detail:
(i) a confirmation that it is the final claim for payment and as such, it
includes all final Eligible Costs submitted for payment; and
(ii) a Final Report substantially in the form prescribed by the Minister.
(b) The Recipient shall submit the final claim for reimbursement of Eligible Costs
to the satisfaction of the Minister the earlier of:
(i) the date which falls no later than three (3) months after Project is
Substantially Completed; and
(ii) the Final Report Date.
The Minister shall have no obligation to pay any claims submitted after this date.
6.5 Payment Procedures.
(a) The Minister shall review and approve the documentation submitted by the
Recipient following the receipt of the Recipient's claim and in the event of any
deficiency in the documentation, the Minister will notify the Recipient and the
Recipient shall immediately take action to address and rectify the deficiency.
(b) Subject to the maximum Contribution amounts set forth in Subsection 4.1 and
all other conditions contained in this Agreement, the Minister shall pay to the
Recipient the Eligible Costs set forth in the Recipient's claim, in accordance
with the Minister's customary practices.
(c) The Minister may request at any time that the Recipient provides satisfactory
evidence to demonstrate that all Eligible Costs claimed have been paid.
(d) The Minister may require, at his expense, any claim submitted for payment of
the Contribution be certified by the Recipient's external auditor or by an
auditor approved by the Minister.
6.6 Overpayment or non-entitlement. Where, for any reason, the Recipient is not
entitled to all or part of the Contribution or the amount paid to the Recipient exceeds
the amount to which the Recipient is entitled, the Contribution or the amount in
excess, as the case may be, shall constitute a debt due to Her Majesty and shall be
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Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
recovered as such from the Recipient. The Recipient shall repay Her Majesty within
thirty (30) calendar days from the date of the Minister's notice, the amount of the
Contribution disbursed or the amount of the overpayment, as the case may be,
together with interest calculated in accordance with the Interest and Administrative
Charges Regulations, in effect on the due date, from the date of the notice until
payment is received by Her Majesty.
6.7 If the Recipient earns any interest as a consequence of any advance payment of the
Contribution or earns any revenue as a result of the Project, the Minister may in his
absolute discretion reduce the Contribution by all or by such portion of the revenue
(including the interest)as he deems appropriate.
7. Monitoring,Audit and Evaluation
7.1 The Recipient agrees to provide the Minister with the reports as described in Annex
3 — Reporting Requirements, satisfactory in scope and detail, in order to allow the
Minister to assess the outcome and costs of the Project.
7.2 Upon request of the Minister and at no cost to him, the Recipient shall promptly
elaborate upon any report submitted or provide such additional information as may
be requested.
7.3 The Recipient shall at its own expense:
(a) preserve and make available for audit and examination by the Minister, proper
books, accounts and records of the Project Costs, wherever such books, and
records may be located, and permit the Minister to conduct such independent
audits and evaluations as the Minister in his discretion may require;
(b) upon reasonable notice and after consultation with the Recipient, permit the
Minister reasonable access to the Project site and/or the Recipient's premises
and documents in order to inspect and assess the progress and results of the
Project;
(c) supply promptly, on request, such other data in respect of the Project and its
results, as the Minister may require for purposes of this Agreement and for
statistical and/or evaluation purposes.
7.4 The Minister shall have the right, at his own expense, and as and when he determines
necessary,to perform audits of the Project Costs and the Recipient's books, accounts,
records, financial statements and claims for reimbursement of Eligible Costs, and the
Recipient's administrative, financial and claim certification processes and
procedures, for the purposes of verifying the costs of the Project, validating claims
for reimbursement of Eligible Costs, ensuring compliance with the terms of this
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Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
Agreement, and confirming amounts repayable to Her Majesty under the provisions
of this Agreement.
7.5 Any audits performed hereunder will be carried out by auditors selected by the
Minister, which may include any of the following: Agency officials, an independent
auditing firm, and/or the Recipient's external auditors. The Minister will provide the
Recipient with a description of the scope and criteria of the audit and the expected
time frames for completion of the audit and public release of the related reports.
7.6 The Recipient agrees that the Minister, at his expense, may engage outside firms or
individuals, unrelated to the Government of Canada, with the required expertise to
evaluate and monitor the Project and its implementation or review any documents
submitted by the Recipient. The Recipient agrees to provide access to any site,
meeting or to any document in relation to the Project to such firms or individuals.
7.7 Auditor General of Canada. The Recipient acknowledges that the Auditor General
of Canada may, at the Auditor General's cost, after consultation with the Recipient,
conduct an inquiry under the authority of Subsection 7.1(1) of the Auditor General
Act in relation to any funding agreement (as defined in Subsection 42(4) of the
Financial Administration Act)with respect to the use of funds received.For purposes
of any such inquiry undertaken by the Auditor General, the Recipient shall provide,
upon request and in a timely manner, to the Auditor General or anyone acting on
behalf of the Auditor General:
(a) all records held by the Recipient or by agents or contractors of the Recipient,
relating to this Agreement and the use of the Contribution; and
(b) such further information and explanations as the Auditor General, or anyone
acting on behalf of the Auditor General, may request relating to this
Agreement and/or the Contribution.
8. Representations and Covenants
8.1 The Recipient represents and warrants that:
(a) it is a municipal government and is in good standing under the laws of Ontario,
and has the power and authority to carry on its business, to hold its property
and to enter into this Agreement and it has the power and authority, and has
met all legal requirements, necessary to carry on business, hold property, and
to enter into, deliver and perform this Agreement. The Recipient warrants that
it shall remain as such for the duration of this Agreement;
(b) the execution, delivery and performance of this Agreement have been duly and
validly authorized by the necessary corporate actions of the Recipient and
when executed and delivered by the Recipient, this Agreement constitutes a
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Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
legal, valid and binding obligation of the Recipient, enforceable in accordance
with its terms;
(c) it has acquired, at its own expense, general liability insurance and property
damage insurance, in an adequate amount consistent with the scope of the
operations and the Project that a prudent person carrying out a project similar
to the Project would maintain, and will maintain such for the duration of the
Agreement and the Control Period.
(d) the signatory(ies) to this Agreement, on behalf of the Recipient, has(ve) been
duly authorized to execute and deliver this Agreement;
(e) this Agreement constitutes a legally binding obligation of the Recipient,
enforceable against it in accordance with its terms, subject as to enforcement
of remedies to applicable bankruptcy, insolvency, reorganization and other
laws affecting generally the enforcement of the rights of creditors and subject
to a court's discretionary authority with respect to the granting of a decree,
ordering specific performance or other equitable remedies;
(f) the execution and delivery of this Agreement and the performance by the
Recipient of its obligations hereunder will not, with or without the giving of
notice or the passage of time or both:
(i) violate the provisions of the Recipient's by-laws, any other corporate
governance document subscribed to by the Recipient or any resolution of
the Recipient;
(ii) violate any judgment, decree, order or award of any court, government
agency,regulatory authority or arbitrator; or
(iii) conflict with or result in the breach or termination of any material term or
provision of, or constitute a default under, or cause any acceleration
under, any license, permit, concession, franchise, indenture, mortgage,
lease, equipment lease, contract, permit, deed of trust or any other
instrument or agreement by which it is bound.
(g) there are no actions, suits, investigations or other proceedings pending or, to
the knowledge of the Recipient, threatened and there is no order,judgment or
decree of any court or governmental agency, which could materially and
adversely affect the Recipient's ability to carry out the activities contemplated
by this Agreement;
(h) it has obtained or will obtain all necessary licences and permits in relation to
the Project, which satisfy the requirements of all regulating bodies of
appropriate jurisdiction;
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Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
(i) all information provided during the CIP 150 application process remains true,
correct and complete in every respect except as set out to the contrary herein;
and
(j) the description of the Project in Annex 1 — Statement of Work is complete and
accurate.
8.2 The Recipient covenants and agrees that:
(a) it shall obtain the prior written consent of the Minister before making any
change to any aspect of the Project or to the management of the Project or
Recipient.
(b) it shall acquire and manage all equipment, services and supplies required for
the Project in a manner that ensures the best value for funds expended and it
shall comply with its procurement policies,rules and regulations.
(c) it shall maintain the usage as described in Annex 1 — Statement of Work, of
any assets to which the Minister has contributed to for a minimum of six (6)
years after the expiry or the termination of this Agreement.
(d) the Project is located in southern Ontario.
(e) it shall contribute no less than fifty percent (50%) to the Eligible Costs of the
Project.
(f) it shall use the Contribution solely and exclusively to support the Eligible
Costs of the Project, as detailed in Annex 1 - Statement of Work and in Annex
2 - Costing Guideline Memorandum and shall carry out the Project in a
diligent and professional manner, using qualified personnel and the Project
shall be Substantially Completed on or before the Program Completion Date.
(g) it shall comply with the Federal Visibility Requirements as set out in Annex 4
—Federal Visibility Requirements.
9. Official Languages
The Recipient agrees:
(a) that any public acknowledgement of the Agency's support for the Project will
be expressed in both official languages;
(b) that basic project information will be developed and made available in both
official languages;
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Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
(c) to invite members of the official-language minority community to participate
in any public event relating to the Project, where appropriate;
(d) that main signage components related to the Project will be in both official
languages; and
(e) that it shall pay for all translation costs save for those which the Minister may
incur with respect to any announcement or other public communications.
10. Environmental and Other Requirements
10.1 The Recipient represents that the Project is not a "designated project" as defined in
the Canadian Environmental Assessment Act, 2012 ("CEAA") and is not being
carried out on "federal lands" as defined in the CEAA.
10.2 The Recipient agrees to comply with all federal, provincial, territorial, municipal and
other applicable laws governing the Recipient and the Project, including but not
limited to, statutes, regulations, by-laws, rules, ordinances and decrees. This
includes legal requirements and regulations relating to environmental protection and
the successful implementation of and adherence to any mitigation measures,
monitoring or follow-up program, which may be prescribed by the Minister or by
other federal, provincial, territorial, municipal bodies. The Recipient will certify to
the Minister that it has done so.
10.3 The Recipient will provide the Minister with reasonable access to any Project site,
for the purpose of ensuring that the terms and conditions of any environmental
approval are met, and that any required mitigation measures, monitoring or program
follow up have been carried out,to the satisfaction of the Minister.
10.4 If as a result of changes to the Project or otherwise, should a subsequent assessment
be required in accordance with CEAA for the Project, the Minister and the Recipient
agree that the Minister's obligations under this Agreement will be suspended from
the moment that the Minister informs the Recipient, until (i) a decision statement has
been issued to the Recipient or, if applicable, the Minister has decided that the
Project is not likely to cause significant adverse environmental effects, and (ii) if
required, an amendment to this Agreement has been signed, setting out any
conditions included in the decision statement. The Recipient agrees to comply with
any such conditions.
10.5 Aboriginal consultation. The Recipient acknowledges that the Minister's
obligation to pay the Contribution is conditional upon Her Majesty satisfying any
obligation that Her Majesty may have to consult with or to accommodate any
Aboriginal groups,which may be affected by the terms of this Agreement.
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Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
11. Indemnification and Limitation of Liability
11.1 The Recipient shall at all times indemnify and save harmless Her Majesty, her
officers, officials, employees and agents, from and against all claims and demands,
losses, costs, damages, actions, suits or other proceedings (including, without
limitation, those relating to injury to persons, damage to or loss or destruction of
property, economic loss or infringement of rights) by whomsoever brought or
prosecuted, or threatened to be brought or prosecuted, in any manner based upon or
occasioned by any injury to persons, damage to or loss or destruction of property,
economic loss or infringement of rights, caused by, or arising directly or indirectly
from:
(a) the Project, its operation, conduct or any other aspect thereof;
(b) the performance or non-performance of this Agreement, or the breach or
failure to comply with any term, condition, representation or warranty of this
Agreement by the Recipient, its officers, employees and agents, or by a third
party or its officers, employees, or agents;
(c) the design, construction, operation, maintenance and repair of any part of the
Project; or
(d) any omission or other wilful or negligent act or delay of the Recipient or a
third party and their respective employees, officers, or agents, except to the
extent to which such claims and demands, losses, costs, damages, actions,
suits, or other proceedings relate to the negligent act or omission of an officer,
official, employee, or agent of Her Majesty, in the performance of his or her
duties.
11.2 The Minister shall have no liability under this Agreement, except for payments of the
Contribution, in accordance with and subject to the provisions of this Agreement.
Without limiting the generality of the foregoing, the Minister shall not be liable for
any direct, indirect, special or consequential damages, or damages for loss of
revenues or profits of the Recipient.
11.3 Her Majesty, her agents, employees and servants will not be held liable in the event
the Recipient enters into a loan, a capital or operating lease or other long-term
obligation in relation to the Project for which the Contribution is provided.
12. Default and Remedies
12.1 Event of Default. The Minister may declare that an Event of Default has occurred
if:
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Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
(a) the Recipient has failed or neglected to pay Her Majesty any amount due in
accordance with this Agreement;
(b) the Recipient fails to proceed diligently with the Project, or abandons the
Project in whole or in part, or the Project is not Substantially Completed by the
Program Completion Date;
(c) the Recipient makes a materially false or misleading statement concerning
support by the Minister in any internal and/or public communication, other
than in good faith;
(d) the Recipient becomes bankrupt or insolvent, goes into receivership, or takes
the benefit of any statute, from time to time in force, relating to bankrupt or
insolvent debtors;
(e) an order is made or the Recipient has passed a resolution for the winding up or
liquidation of the Recipient, or the Recipient is dissolved;
(f) the Recipient has, in the opinion of the Minister, ceased to carry on business or
has sold all or substantially all of its assets;
(g) the Project is carried out at locations, other than those mentioned in Annex 1 -
Statement of Work;
(h) the Recipient has submitted false or misleading information, or has made a
false or misleading representation to the Agency, the Minister, in this
Agreement or in its application for the Contribution;
(i) the Recipient has not, in the opinion of the Minister, met or satisfied a term or
condition of this Agreement;
(j) the Recipient has not met or satisfied a term or condition under any other
contribution agreement or agreement of any kind with Her Majesty;
(k) the Recipient is not eligible or is otherwise not entitled to the Contribution; or,
(I) the Recipient has not complied with the monitoring, audit and evaluation
requirements, specified in this Agreement.
12.2 Notice and Rectification Period. Except in the case of default under Subsection
12.1 (d), (e) and (f), the Minister will not declare that an Event of Default has
occurred unless he has given prior written notice to the Recipient of the occurrence,
which in the Minister's opinion constitutes an Event of Default. The Recipient shall,
within such period of time as the Minister may specify in the notice, either correct
the condition or event or demonstrate, to the satisfaction of the Minister, that it has
taken such steps as are necessary to correct the condition, failing which the Minister
Page 14 of 29
Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
may declare that an Event of Default has occurred.
12.3 Remedies. If the Minister declares that an Event of Default has occurred, the
Minister may immediately exercise any one or more of the following remedies, in
addition to any remedy available at law:
(a) terminate the Agreement, including any obligation by the Minister to make any
payment under this Agreement, including any obligation to pay an amount
owing prior to such termination;
(b) suspend any obligation by the Minister to make any payment under this
Agreement, including any obligation to pay an amount owing prior to such
suspension; and
(c) require the Recipient to repay forthwith to Her Majesty all or part of the
Contribution, and that amount is a debt due to Her Majesty and may be
recovered as such.
12.4 The Recipient acknowledges the policy objectives served by the Minister's agreement
to make the Contribution, that the Contribution comes from the public monies, and
that the amount of damages sustained by Her Majesty in an Event of Default is
difficult to ascertain and therefore, that it is fair and reasonable that the Minister be
entitled to exercise any or all of the remedies, provided for in this Agreement and to
do so in the manner provided for in this Agreement, if an Event of Default occurs.
13. Project Assets
13.1 The Recipient shall retain title to, and ownership of any assets, the cost of which has
been contributed to by the Minister under this Agreement and shall not sell, assign,
transfer, encumber, pledge, grant a security interest or otherwise dispose of same, for
a minimum of six (6) years after the expiry or termination of this Agreement without
the prior written consent of the Minister. As a condition of such consent, the
Minister may require the Recipient to repay Her Majesty the whole or any part of the
Contribution paid to the Recipient hereunder in the following proportions:
Where the Project asset is sold,assigned Repayment of
transferred, encumbered,pledged, Contribution
leased,or disposed of: (in current dollars)
Within 2 Years after Substantial 100%
Completion
Between 2 and 6 Years after Substantial 55%
Completion
6 Years after Substantial Completion 0%
Page 15 of 29
Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
13.2 At any time during the six (6) years following the date the Project is Substantially
Completed, the Recipient agrees to notify the Minister in writing of any transaction
triggering the above-mentioned repayments, at least ninety(90) days in advance.
14. Miscellaneous
14.1 The Recipient represents and warrants that no member of the House of Commons or
Senate of Canada shall be admitted to any share or part of this Agreement or to any
benefit arising from it,that is not otherwise available to the general public.
14.2 The Recipient confirms that no current or former public servant or public office
holder, to whom the Values and Ethics Code for the Public Service, the Values and
Ethics Code for the Public Sector, the Policy on Conflict of Interest and Post-
Employment or the Conflict of Interest Act applies, shall derive direct benefit from
the Agreement, including any employment,payments or gifts, unless the provision or
receipt of such benefits is in compliance with such codes and the legislation. Where
the Recipient employs or has a major shareholder, who is either a current or former
(in the last twelve (12) months) public office holder or public servant in the federal
government, the Recipient shall demonstrate compliance with these codes and the
legislation.
14.3 The Recipient represents and warrants that:
(a) it has not paid, nor agreed to pay to any person, either directly or indirectly, a
commission, fee or other consideration that is contingent upon the execution of
this Agreement, or upon the person arranging a meeting with a public office
holder;
(b) it will not pay, nor agree to pay to any person, either directly or indirectly, any
commission, fee or other consideration that is contingent upon the person
arranging a meeting with a public office holder;
(c) it is and any persons who are or have been engaged by the Recipient to
communicate or arrange meetings with public office holders, regarding the
Project or this Agreement, are in full compliance with all requirements of the
Lobbying Act; and
(d) any persons who may be engaged by the Recipient to communicate or arrange
meetings with public office holders, regarding the Project or this Agreement,
will at all times be in full compliance with the requirements of the Lobbying
Act.
14.4 The Recipient acknowledges that the representations and warranties in this section
are fundamental terms of this Agreement. In the event of breach of these, the
Minister may exercise the remedies provided under Subsection 12.3.
Page 16 of 29
Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
15. General
15.1 Debt due to Canada. Any amount owed to Her Majesty under this Agreement shall
constitute a debt due to Her Majesty and shall be recoverable as such. Unless
otherwise specified herein, the Recipient agrees to make payment of any such debt
forthwith on demand.
15.2 Interest. Debts due to Her Majesty will accrue interest in accordance with the
Interest and Administrative Charges Regulations, in effect on the due date,
compounded monthly on overdue balances payable, from the date on which the
payment is due, until payment in full is received by Her Majesty. Any such amount
is a debt due to Her Majesty and is recoverable as such.
15.3 Set-Off. Without limiting the scope of set-off rights provided in the Financial
Administration Act, the Minister may set off against the Contribution, any amounts
owed by the Recipient to Her Majesty under legislation or contribution agreements
and the Recipient shall declare to the Minister all amounts outstanding in that regard,
when making any claim under this Agreement.
15.4 No Assignment of Agreement. Neither this Agreement nor any part thereof shall be
assigned by the Recipient, without the prior written consent of the Minister.
15.5 Annual Appropriation. Payment by the Minister of amounts due under this
Agreement shall be conditional on there being a legislated appropriation for the
Fiscal Year in which the payment is to be made. The Minister shall have the right to
terminate or reduce the Contribution, in the event that the amount of the
appropriation is reduced or denied by Parliament. In the event that any portion of the
Contribution has been paid to the Recipient and the legislated appropriation for the
Fiscal Year in which such payment is made is not obtained, the Minister shall have
the right to recover the amount so paid from the Recipient.
15.6 Successors and Assigns. This Agreement is binding upon the Recipient, its
successors and permitted assigns.
15.7 Confidentiality. Subject to the Access to Information Act (Canada), the Privacy Act,
the Library and Archives Act of Canada and Annex 4 — Federal Visibility
Requirements, the Parties shall keep confidential and shall not disclose the contents
of this Agreement or the transactions contemplated hereby, without the consent of all
Parties.
15.8 Governing Law. This Agreement shall be subject to and construed in accordance
with the laws of the Province of Ontario and the laws of Canada applicable therein.
Page 17 of 29
Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
15.9 Dispute Resolution. If a dispute arises concerning the application or interpretation of
this Agreement, the Parties shall attempt to resolve the matter through good faith
negotiation, and may, if necessary and the Parties consent in writing, resolve the
matter through mediation or by arbitration, by a mutually acceptable mediator or
arbitrator in accordance with the Commercial Arbitration Code set out in the
schedule to the Commercial Arbitration Act (Canada), and all regulations made
pursuant to that Act.
15.10 No Amendment. No amendment to this Agreement shall be effective unless it is
made in writing and signed by the Parties hereto.
15.11 No Agency.No provision of this Agreement or action by the Parties will establish or
be deemed to establish any partnership, joint venture, principal-agent or employer-
employee relationship in any way, or for any purpose, between Her Majesty and the
Recipient, or between Her Majesty and a third party. The Recipient is not in any
way authorized to make a promise, agreement or contract and to incur any liability
on behalf of Her Majesty, nor shall the Recipient make a promise, agreement or
contract and incur any liability on behalf of Her Majesty, and shall be solely
responsible for any and all payments and deductions,required by the applicable laws.
15.12 No Waiver. Any tolerance or indulgence demonstrated by one Party to the other, or
any partial or limited exercise of rights conferred on a Party, shall not constitute a
waiver of rights, and unless expressly waived in writing, the Parties shall be entitled
to exercise any right and to seek any remedy, available under this Agreement or
otherwise at law. Either Party may, by notice in writing, waive any of its rights
under this Agreement.
15.13 Public Dissemination. All reports and other information that the Minister collects,
manages or has a right to receive or produce in accordance with this Agreement, or
that the Recipient collects, creates, manages and shares with the Minister, shall be
deemed to be"Canada Information". The Minister shall have the right, subject to the
provisions of the Access to Information Act, to release to the public, table before
Parliament, or publish by any means, any Canada Information, including such
excerpts or summaries of the Canada Information as he may, from time to time,
decide to make.
15.14 No conflict of interest. The Recipient and its consultants and any of their respective
advisors, partners, directors, officers, shareholders, employees, agents and volunteers
shall not engage in any activity where such activity creates a real, apparent or
potential conflict of interest in the sole opinion of the Minister, with the carrying out
of the Project. For greater certainty, and without limiting the generality of the
foregoing, a conflict of interest includes a situation where anyone associated with the
Recipient owns or has an interest in an organization that is carrying out work related
to the Project.
Page 18 of 29
Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
15.15 Disclose potential conflict of interest. The Recipient shall disclose to the Minister
without delay any actual or potential situation that may be reasonably interpreted as
either a conflict of interest or a potential conflict of interest.
15.16 Severability. If for any reason a provision of this Agreement that is not a
fundamental term of the agreement between the Parties is found to be or becomes
invalid or unenforceable, whether in whole or in part, such provision or part thereof
declared invalid or unenforceable shall be deemed to be severable and shall be
deleted from this Agreement and all remaining terms and conditions of this
Agreement will continue to be valid and enforceable.
16. Notice
16.1 Any notice, information or document required under this Agreement shall be
effectively given, if delivered or sent by letter or facsimile (postage or other charges
prepaid). Any notice that is delivered shall be deemed to have been received on
delivery; any notice sent by facsimile shall be deemed to have been received one (1)
working day after being sent, any notice that is mailed shall be deemed to have been
received eight(8) calendar days after being mailed.
16.2 Any notice or correspondence to the Minister shall be addressed to:
Federal Economic Development Agency for Southern Ontario
101-139 Northfield Drive West
Waterloo, ON N2L 5A6
Attention: Canada 150 Community Infrastructure Program
or to such other address, as is designated by the Agency in writing.
16.3 Any notice or correspondence to the Recipient shall be addressed to:
The Corporation of the Municipality of Kincardine
1475 Concession 5,Rural Route 5
Kincardine, ON N2Z 2X6
Attention: Director of Building and Planning
16.4 Each of the Parties may change the address, which they have stipulated in this
Agreement by notifying in writing the other party of the new address, and such
change shall be deemed to take effect fifteen (15) calendar days after receipt of such
notice.
17. Special Conditions
17.1 As a condition precedent to initial disbursement:
Page 19 of 29
Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
(a) The Recipient agrees to provide the Minister an officer's certificate executed by
an officer of the Recipient in the form prescribed by the Minister which
includes certified copies of the Recipient's constating documents, by-laws and
the resolution authorising the entering into of this Agreement; and,
(b) the Recipient shall arrange pre-authorized payments or such other method of
payment, as requested in writing by the Minister.
17.2 Renewal of Representations. It is a condition precedent to any disbursement under
this Agreement that the representations and warranties contained in this Agreement
are true at the time of payment and that the Recipient is not in default of compliance
with any terms of this Agreement.
Page 20 of 29
Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
18. Acceptance
The Recipient agrees that unless the Minister receives a duly executed duplicate
copy of this Agreement within thirty (30) calendar days of the date of execution
by the Minister, this Agreement is revocable at the discretion of the Minister.
IN WITNESS WHEREOF the Parties hereto have executed this Agreement through
authorized representatives.
Project No.: 809542
HER MAJESTY HE QUEEN IN RIGHT OF CANADA
760 Per: Date: { 6( /2A--
Federal Economic Development Agency
for Southern Ontario
RECIPIENT
Per: ,c4i.! Date: Pb"u-ar� l ao
Anne Eadie,Mayor
I have authority to bind the Recipient.
Per: I k • css& Date: RIDIVUty -3-
Murray
Murray Clarke, CAO
I have authority to bind the Recipient.
•
Page 21 of 29
Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
Annex 1
CANADA 150 COMMUNITY INFRASTRUCTURE PROGRAM
STATEMENT OF WORK
Recipient: The Corporation of the Municipality of Kincardine
Project Title: Rehabilitation of Kincardine Lighthouse
Project Location: 236 Harbour Street,Kincardine N2Z 2X9
PROJECT DESCRIPTION:
This project will extend the life of the Kincardine Lighthouse and improve safety.
The work will include, but not be limited to:
• removing existing roofing materials at flat roof and installing new soddered lead-
coated copper roofing system on lantern deck;
• painting steel lantern and roof,window frames, steel panels, steel railings and overhead
support bars;
• replacing glazing panels and all lantern glazing putty;
• restoring wood brackets under lantern deck;
• painting underside of lantern deck,wood fascia and soffit with disposal for lead paint;
strip, sand and paint interior of lantern; and
• scaffolding to provide access to lantern.
Estimated date of commencement: January 9, 2017
Estimated date of Substantial Completion: December 31, 2017
FEDDEV ONTARIO CONTRIBUTION BY FISCAL YEAR
2016/2017 2017/2018 Total
$0 $146,667 $146,667
Page 22 of 29
Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
PROJECT COSTS AND FINANCING:
tiIIiQllit
Planning/Design/Engineering $57,000
Repair/Construction $293,000
Project Management $60,000
Other $0
Contingency $30,000
.TutalEtgtble s* )
FedDev Ontario Contribution $146,667 33.34%
Other Federal Contribution $0 0,0%
Recipient Contribution $293,333 66.66%
Sub- `utal *na y t 0 100 0%
Ine1Yg[ble Ct►mpan�ilt�� �'.: .�s, .,
Total Eligible Costs $146,667
Total Government Contributions $440,000
(Federal,Provincial,and Municipal)
Estimated Investment Tax Credits $0
Contribution subject to Stacking% $440,000
Stacking% 100%
Total Government Stacking Limit 100%
Please Note:
1) Eligible Costs include the amount of the harmonized sales tax(HST),net of any refund or
eligible credits due from the Canada Revenue Agency.
2) The list of ineligible components shown is not exhaustive. For more information on
ineligible costs,see Annex 2.
3) The Recipient shall not redirect funding between cost categories without prior written
consent of the Minister.
4) Incremental costs(i.e. employees and/or materials and/or equipment)have been approved
up to the following maximum amounts, which are included in the Total Eligible Costs
indicated above:
Employees: $0
Materials: $0
Equipment: $0
Page 23 of 29
Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
Annex 2
CANADA 150 COMMUNITY INFRASTRUCTURE PROGRAM
COSTING GUIDELINE MEMORANDUM
1.0 General Conditions
1.1 Costs are Eligible Costs for the purposes of this Agreement only if they are, in the
opinion of the Minister,
(a) directly related to the intent of the Project,
(b) reasonable,
(c) appear in Annex 1 - Statement of Work,
(d) incurred in respect of activities, which are incremental to the usual activities of
the Recipient, and
(e) constitute Eligible Costs as defined in Section 2.0 of this Annex.
1.2 Costs submitted for reimbursement must be net of any refund or eligible tax credits
(including HST). In order to have the HST approved as an Eligible Cost, the Recipient
will be required to provide documentation verifying the organization's status under the
relevant tax legislation.
2.0 Eligible Costs
Eligible Costs may only include the following:
(a) project costs incurred between the Eligibility Date and the Program Completion
Date;
(b) fees paid to professionals, technical personnel, consultants and contractors
specifically engaged for the purpose of the Project;
(c) costs of environmental assessments, mitigation measures, monitoring, and
follow-up programs as required by the Canadian Environmental Assessment
Act,2012 or equivalent legislation;
(d) costs of any public announcement and official ceremony, or of any temporary
or permanent signage as further described in Subsection 2.2 below;
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Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
(e) other costs that are considered to be direct and necessary for the successful
implementation of the Project and that have been approved in advance, and in
writing,by the Minister; and
(1) for municipal, regional and Aboriginal Governments, incremental costs listed in
Subsection 2.1 below.
2.1 Employee,Material and Equipment costs
While these costs are not normally eligible for reimbursement, the incremental costs of
the Recipient's employees, materials or equipment may be included in its Eligible Costs
under the following conditions:
(a) the Recipient is a municipal,regional or an Aboriginal Government; and
(b) the Recipient satisfies the Minister that it is not economically feasible to tender
a contract; and
(c) employees, material or equipment are employed directly in respect of the work
that would have been the subject of the contract; and
(d) costs are approved in advance and in writing by the Minister, and are included
in Annex 1 —Statement of Work.
2.2 Communications
(a) For the purposes of events,Eligible Costs include the following:
• Printing and mailing invitations;
• Light refreshments, such as coffee,tea,juice, donuts, muffins, snacks;
• Project material for display and/or media kit;
• Signage; and
• Rentals such as: flagpoles, stage, chairs,podium,PA system.
(b) For the purposes of Project signage, Eligible Costs include reasonable costs
incurred to produce signage.
3.0 Ineligible Costs
Costs related to the following items are ineligible costs:
(a) Project Costs incurred before the Eligibility Date and after the Program
Completion Date;
Page 25 of 29
Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
(b) services or works that, in the opinion of the Minister, are normally provided by
the Recipient or a related party;
(c) salaries and other employment benefits of any employees of the Recipient
except as indicated in Subsection 2.1 above;
(d) the Recipient's overhead costs, its direct or indirect operating or administrative
costs, and more specifically, its costs related to planning, engineering,
architecture, supervision, management and other activities normally carried out
by its staff;
(e) cost of feasibility and planning studies;
(0 taxes for which the Recipient is eligible for a tax rebate and all other costs
eligible for rebates;
(g) any loan interest or other finance charges;
(h) cost of land or any interest therein (including easements), and related costs;
(I) legal fees;
(j) cost of leasing of equipment by the recipient except for as indicated in
Subsection 2.1 above;
(k) temporary installations;
(1) moveable equipment, including but not limited to motorized vehicles,
furniture, computers, art work and sports equipment;
(m) the value of any goods and services which are received through donations or
in-kind;
(n) costs for food and entertainment except as indicated in Subsection 2.2 above;
(o) routine maintenance costs; and
(p) for the purposes of communications events, Ineligible Costs include the
following: alcoholic beverages, china, waiters, guest mileage or transportation,
wine glasses, lamps,tea wagons,plants, gifts, and honorariums.
Page 26 of 29
Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
Annex 3
CANADA 150 COMMUNITY INFRASTRUCTURE PROGRAM
REPORTING REQUIREMENTS
1. Semi-annual Progress Reports. The Recipient shall submit, at a minimum, semi-
annual progress reports until Project completion, substantially in the form prescribed
by the Minister and satisfactory to the Minister in scope and detail, in order to allow
the Minister to assess the progress of the Project. The progress report will detail
progress on the implementation of the Project, and amounts received through this
Agreement, amounts expended on projects, and an overall update on the Project
status. These reports are due April 15th and October 15th covering the six month
periods ending March 31st and September 30th respectively.
2. Final Reporting Requirements. In accordance with Subsection 6.4, the Recipient
shall submit to the Minister a Final Report on the Project, substantially in the form
prescribed by the Minister and satisfactory to the Minister in scope and detail, in
order to allow the Minister to assess the outcome of the Project.
3. Recognition of Funding. In order to acknowledge the Government of Canada's
support for the Project, the Recipient shall submit photograph(s) of the required
signage as required by the Minister.
Page 27 of 29
Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
Annex 4
CANADA 150 COMMUNITY INFRASTRUCTURE PROGRAM
FEDERAL VISIBILITY REQUIREMENTS
1. The Recipient agrees that its name, the amount of the Contribution and a description
of the general nature of the activities supported under this Agreement may be made
publicly available by the Minister.
2. In order to promote the support received from the Minister, and to raise awareness of
the Canada 150 Community Infrastructure Program, the Recipient agrees to the
following requirements, at the request of the Agency:
(a) Participate in and assist with coordination of a public announcement of the
Agreement by the Minister in the form of an event and/or news release as
provided by the Minister. The Recipient shall maintain the confidentiality of
this Agreement until such public announcement;
(b) Coordinate a mutually agreeable venue, date and time, in light of the
availability of the Minister, for public/media events outlining Project
achievements, such as groundbreaking or completion ceremonies, or initiatives
undertaken by the Recipient and acknowledging the role of the Minister on
these occasions. Unless otherwise agreed to in advance by the Minister, no
event will take place without at least fifteen (15) business days' notice to the
Minister;
(c) Participate in, coordinate and accommodate activities that showcase the results
or expected results of the Minister's support, including but not limited to
public showcase events, site visits, photo opportunities, production of
promotional products (including but not limited to, photos and images, video,
print and new media). This includes providing access to the Recipient's work
site(s) to the Agency staff. The Recipient agrees that the Minister may contact
it for the purposes of preparing project success stories;
(d) When providing information on the products and services funded in whole or
in part by this Agreement, specify that the financial assistance is made possible
through a contribution from the Minister;
(e) Prominently display in a manner prescribed by the Minister, promotional
material or signage according to a design specified by the Minister and
produced and installed at the Recipient's expense, communicating the nature
of the funded activities and/or the involvement of the Minister; and
(f) Include acknowledgement, in a manner prescribed by the Minister, in all
publications and advertising describing or promoting the products and services
Page 28 of 29
Recipient Name: The Corporation of the Municipality of Kincardine Project No: 809542
funded in whole or in part by this Agreement, including, but not limited to,
electronic media (web, television, video), and print media (signs, print
advertising, brochures, magazines, maps, posters). The Recipient will consult
with the Minister in preparing the content and look of all such material, which
must be approved in advance. The Recipient will provide the Agency with no
less than ten (10) business days for the approval of all materials prior to its
release.
The Minister may, by notice in writing given to the Recipient, require that
recognition of the support provided by the Minister not be made in any public
communication of the Recipient.
Page 29 of 29