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2010-035 Agreement - Orillia Community Development (CDC)THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE By-Law No. 2010-035 Being a By-Law to Authorize the Execution of the Letter of Agreement Between the Township of Oro-Medonte and Orillia Area Community Development Corporation (CDC) WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the a municipality 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 Section 9 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that Sections 8 and 11 shall be interpreted broadly so as to confer broad authority on municipalities; (a) to enable them to govern their affairs as they consider appropriate; and (b) to enhance their ability to respond to municipal issues; AND WHEREAS Section 224 of the Municipal Act, 2001, S. 0. 2001, c.25, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it expedient to enter into the Letter of Agreement with the Orillia Area Community Development Corporation (CDC) for the creation of a Project Development Plan for a Community Capacity Fund; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Mayor and Clerk be authorized to execute the Letter of Agreement attached hereto as Schedule "A" and forming part of this By-Law. 2. THAT the Memorandum of Understanding be effective until March 31, 2010 as outlined in Section 1 of Schedule "A" attached hereto. 3. THAT this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 10TH DAY OF FEBRUARY, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF FEBRUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ,schedule "A" to By-law No'. 2010-035 A Com3munitsy Futures Dm- elopm.ent Corporation Community Development Fund LETTER OF AGREEMENT (Hereinafter referred to as the "Agreement") Fund Name: Community Capacity Fund File Number: CCF-014-09 Contribution Amount: $5,000 Between: And: Orillia Area Community Development Corporation Box 2525 22 Peter Street South Orillia, Ontario L3V 7A3 (Hereinafter referred to as the "CDC") Township of Oro-Medonte BOX 100 148 Line 7 South Oro, Ontario LOL 2X0 (Hereinafter'referred to as the "Recipient") In response to your request dated November 2, 2009, the CDC offers to make a contribution not to exceed the sum of $5,000 (the "Contribution") to the Recipient for the purposes described in Schedule A - The Project Statement of Work (the "Project"), upon the following terms and conditions. Page 1 of 7 Schedule A shall be considered an integral part of this Agreement. 1. Conditions of the Agreement: a) This Agreement comes into force on the date that the duplicate copy of this Agreement, unconditionally accepted and duly executed by authorized representatives of the Recipient, is received by CDC (the "Date of Acceptance") b) "Eligible Costs" shall mean the reasonable and proper direct costs set out in Schedule A, which are incurred and paid by the Recipient in carrying out the Project activities described in Schedule A within the Funding Period (as hereinafter defined). c) Subject to the provisions of this Agreement, the CDC will make a contribution to the Recipient of 100% of Eligible Costs of the Project up to a maximum of $5,000. d) The Project will commence on the "Date of Acceptance" and will be completed on or before March 31, 2010 (the "Funding Period"). e) The Recipient agrees to report the Contribution Amount as income when filing taxes and understands that the Contribution Amount will be considered as taxable income to the Recipient. f) This Agreement shall remain in full force and effect from the Date of Acceptance until two (2) years following the end of the Funding Period. g) This Agreement may be terminated by either party at any time and for any reason on thirty (30) days written notice. 2. Amendments: a) Any alteration or amendment of any kind to the Project or change that will materially affect the objectives, activities or outcome of the Project, or that will affect the total cost of the Project, will require this Agreement to be renegotiated by the parties hereto. b) The Recipient has the duty to report to the CDC any changes to the Project that have the potential to affect the Project or have the potential to affect the milestones. 3. Default: a) The Recipient shall inform the CDC immediately should the Recipient be unable to meet any of the obligations of the Agreement for any reason. Page 2 of 7 Should the Recipient fail to meet or satisfy any of the obligations of the Agreement, the CDC reserves the right to withdraw this Agreement immediately and to recover any funds advanced and not utilized. 4. Terms of Payment: a) The CDC will pay the Contribution to the Recipient in respect to Eligible Costs incurred, on the basis of itemized claims which shall be: (i) submitted not more frequently than monthly; (ii) certified by an officer of the Recipient or another person satisfactory to CDC; and, (iii) accompanied by a report of work completed to date, details of all costs in respect of which payment is claimed, and such substantiating documentation as may be required by CDC. b) The CDC shall not make any payment for any costs that the Recipient has entered into before the following date at which your project was approved by the CDC: January 15, 2010 c) The CDC shall reserve the right to withhold up to 20% of the total Contribution. This amount will be payable upon the completion of the Project and submission of all reporting requirements to the satisfaction of the CDC. d) The CDC may, at its discretion, provide an advance to the Recipient in respect to the Eligible Costs to be incurred if, in the opinion of the CDC, it is required to carry out the project. e) The Recipient shall repay to the CDC any amount by which the Contribution disbursed to the Recipient exceeds the Eligible Costs promptly and in any event within thirty days notice by the CDC to do so. f) If the Recipient receives any funding from any other source for any Eligible Costs, the CDC may, in its discretion, reduce the amount of the Contribution by all or any portion of such funding received by the Recipient. 5. Reporting: a) During the Period of the Agreement, the Recipient shall provide to the CDC such financial statements and progress reports as requested. b) During the Agreement, the Recipient shall permit representatives of the CDC to visit and inspect any of its premises and shall discuss and disclose Page 3 of 7 information as requested in order to determine whether the Recipient is observing and performing the terms and conditions of this Agreement. c) The financial records of the Recipient, as they relate to the Project, are subject to audit by the CDC or such other auditor as the CDC may designate and the Recipient shall permit any person designated by the CDC to audit and copy any invoices, accounts, receipts, time sheets, travel statements or other records or material in relation to the Project. Such examination shall take place during normal business hours at a place to be agreed upon by CDC and the Recipient. d) The Recipient acknowledges the right of representatives of the Minister to audit, or cause to have audited their accounts and records and to have a right of access to their books and accounts. e) The Recipient shall provide to CDC a final Project report, in a form satisfactory to the CDC in scope and detail, within thirty days of the end of the Funding Period. f) The Recipient shall assist the CDC in completing any evaluation of the outcomes and impacts that result from the Project. 6. Public Announcements and Communications: a) The Recipient shall collaborate with the CDC to arrange publicity regarding the Contribution and agrees to recognize the Contribution in the manner that the CDC reasonably directs. b) The Recipient agrees that all public information, reports, materials, advertising and publicity in connection with the Project shall acknowledge the support of the Federal Government and the CDC. c) The Recipient, by signing the Letter of Agreement authorizes the CDC to release the name of their company/organization, the Contribution Amount and a brief outline of the project to the media at any time. The Recipient also agrees to have their project name, the Contribution Amount and a brief outline of their project made available to the public in a final report. d) The Recipient must consent to a public announcement of this project by or on behalf of the Minister of Industry in the form of news release e) The Minister of Industry, through Industry Canada, shall inform the Recipient of the date the public announcement is to be made, and the Recipient shall maintain the confidentiality of this agreement until such date. Page 4 of 7 f) The Recipient consents to the participation of the Minister of Industry or the Minister of Industry's representatives at the announcement event of this project, and to have the event take place on a day mutually agreed upon by the Recipient and the Minister of Industry of the Minister of Industry's representatives g) The Recipient agrees to display promotional material provided by Industry Canada at the event 7. Official Languages: Where any notice, advertisement or other matter relating to the Recipient's activities is to be printed in a publication for the information of members of the public who are residents in the community or services are to be provided or made available by the Recipient to members of the public who are residents in the community, the Recipient shall make such publications and services available in both official languages if, in the opinion of the CDC, there is or is likely to be a significant demand therefore. 8. Liability: a) The Recipient shall hold the CDC free from any and all losses, expenses, damages and claims of any kind or nature arising from any activity relating to this Agreement, b) The Recipient is solely responsible for the hiring, employment, dismissal, and all related matters with respect to persons employed for the purposes of the Project, as well as all contractual arrangements of any kind or nature related to the Project. c) The Recipient understands and agrees to be responsible for compliance with all Federal, Provincial and Municipal laws and regulations with respect to the Project. d) The Recipient acknowledges that the CDC is not legally associated with the Recipient in any manner, and the Recipient agrees not to represent to the public that the CDC is so associated. e) The Recipient agrees to release and indemnify the CDC, its employees, volunteers, representatives and agents from any and all claims, demands, actions or causes of action that may arise out of, or be related to, the Recipient's participation in the Project or non-compliance with Federal, Provincial or Municipal laws and regulations applicable to the Project. Page 5 of 7 Town?j o-M done Per: a ofture o Re ient's Representative ~ \0 r Title or Position Per: Signa e of eci 'e is Representative C \"c Title or Position Page 7of7 SCHEDULE A The Project - Statement of Work Fund Name: Community Capacity Fund File Number:. CCF-014-09 Recipient Name: Township of Oro-Medonte Contact Person: Robin Dunn Funding Period: January 15 to March 31, 2010 Cost Summary Item Total Cost CDC Contribution Recipient. Contribution Creation of a Project Development Plan $45,000 $5,000 $45,000 Payment Terms: Initial advance of 25% of contract. Subsequent payment and/or advances based on financial claims. Eligible costs include the amount of federal goods and services tax (GST), net of any refund or eligible credits due from the Canada Revenue Agency. Holdback of 20% of contract. Project Activity Summary Activity Deliverable Time Frame Creation of a Project Development Plan Successful creation of a Project Development Plan January 15 to March 31, 2010 PROJECT ACTIVITY REPORT- CDF: Recipient Name: Township of Oro-Medonte File Number: CCF-014-09 Period Covered: January 15, to March 31, 2010 Fund Name: Community Capacity Fund Based on your approved Letter of Offer and the Schedule A - The Statement of Work, please provide a general statement of the activities undertaken and/or accomplished (since the date of your last claim on this project) and list the dates by which they were accomplished. Attach any pertinent documentation/materials. Submitted by: Date: Detailed Listing of Expenses - CDF Monthly Expense Claim Form Recipient Name: Township of Oro-Medonte File Number: CCF-014-09 Period Covered: January 15 to March 31, 2010 Fund Name: Community Capacity Fund Item No. Date of Invoice (ddlmmlyy) Name of Supplier Description of Item or Service Purchased Invoice Number Amount (net of GST Rebate Payment Reference (Cheque#) I Total Notes: 1. This form is to be submitted monthly by the 15th of the following month. 2. No expenses incurred prior to your contract start date or those incurred after your Project End Date are eligible for reimbursement. 3. Copies of receipts are required for all expenses with your expense claim submission. 4. Eligible costs are those deemed necessary to the performance of the Project. Eligible costs are those outlined in your original contract, see Annex 1 (to a maximum as stipulated in your contract). Additional costs not approved as part of your contract will not be reimbursed. Submitted by: Signature: Date: