British Columbia Order in Council — Order under Fisheries Renewal Fisheries Renewal BC Contribution Agreement (O.C. 598/2001)

O.C. 598/2001

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No:- 598 , Approved and Ordered JUN 2 5 2001 4:1 1: 11r- Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that approval is given to Fisheries Renewal BC to enter into an agreement substantially in the form attached to this order. inister of Agricultur e, Fisheries re,C)erFoon „ ishe .siding Member of the Exe utive Council This

part is for adnunistranve purposes only and is not part of the Order) Authority under which Order is made: Act and section:- Other (specify):- Fisheries Renewal Act, s.8(d) —us

Agreement No. SIP-003 {PRIVATE ) FISHERIES RENEWAL BC CONTRIBUTION AGREEMENT This AGREEMENT is dated for reference the 30th day of March, 2001. BETWEEN: FISHERIES RENEWAL BC, a corporation established under the Fisheries Renewal Act, S.B.C. 1997, c. 22 and having an office at 303 - 960 Quayside Drive, New Westminster, B.C., V3M 6G2 ("Fisheries Renewal") AND: SCIENCE COUNCIL OF BRITISH COLUMBIA, an agent of the Province of British Columbia, continued under

section 2(1) of the Science Council Act, RSBC 1996, c.415. (the "Recipient") BACKGROUND A. The Recipient requires funding to carry out and complete the Program, FsRBC APPLIED RESEARCH AND DEVELOPMENT PROGRAM , as described in

Schedule "A"; and B. Fisheries Renewal is willing to provide Contribution Funding to the Recipient for its Program, based on the terms of this Agreement. In consideration of the mutual promises contained in this Agreement, Fisheries Renewal and the Recipient agree as follows: 1.0

DEFINITIONS 1.1 The

definitions set out in

Schedule "C" and

Schedule "D" will apply to this Agreement and the "Background"

section of this Agreement. 2.0 DUTIES OF THE RECIPIENT 2.1 The Recipient will carry out and complete the Program to the satisfaction of Fisheries Renewal, and the Recipient will use its best efforts to obtain the most favourable prices to Fisheries Renewal for all costs and expenses necessary to carry out and complete the Program. 3.0 TERM 3.1 This Agreement will, regardless of the actual date of execution, start on May 1, 2001 and end on June 15, 2002. Page I of 5

4.0 PAYMENT OF CONTRIBUTION FUNDING 4.1 Subject to sections 2.0 and 3.0 of

Schedule "C", and this section, and sections 5.0, 6.0 and 7.0 of this Agreement, Fisheries Renewal will provide the Recipient with Contribution Funding in an amount equal to the lesser of firstly $300,000 and secondly, Eligible Costs, as follows: (

a) an initial Accountable Advance payment of up to $100,000 based on a three month cash forecast as identified in

Schedule "E" and the requirements as identified in

Schedule "A" within 30 days of executing this Agreement but not before May 1, 2001; (

b) a second Accountable Advance payment based on the next three month cash flow forecast identified in

Schedule `E" up to $170,000 following a request by the Recipient and the submission of an interim report by the Recipient identifying projects recommended for final approval by the Boa. -d of Fisheries Renewal BC and accounting for the full amount of the first advance; (

c) a final payment equal to 10% of the lesser of firstly $300,000 and secondly, Eligible Costs, upon receipt of a final report by the Recipient on project outcomes and a statement by June 15, 2002 in accordance with

section 6 of this Agreement. ("Payments"). 4.2 Payments referred to in

section 4.1(

b) will be made by Fisheries Renewal only if: (

a) the Reports and Statements submitted by the Recipient are in a format specified by Fisheries Renewal, and are, in Fisheries Renewal's opinion, of sufficient detail to enable Fisheries Renewal to assess the progress of program activity up to the date of the request; and (

b) requests by the Recipient to Fisheries Renewal for further Accountable Advance Payments are made in a format satisfactory to Fisheries Renewal. 4.3 The maximum amount of Contribution Funding payable by Fisheries Renewal to the Recipient, as set out in paragraph 4.1 above, includes any Goods and Services Tax payable to the Recipient in accordance with

section 9.0 of

Schedule "C". 5.0 REPORTS AND STATEMENTS 5.1 For every Reporting Period specified in

Schedule "A", the Recipient will provide a Report and a Statement (as defined in

Schedule "C") including specific requirements which may be detailed in

Schedule "A". 5.2 If the Recipient fails to submit a Report or Statement by the date required, Fisheries Renewal may consider the Recipient to be in breach of this Agreement and may do any or all of the acts set out in paragraph 2.1(

c) of

Schedule "C" and paragraph 14.2 of

Schedule "C". 5.3 The Recipient will immediately advise Fisheries Renewal of any expected cost overruns and/or delays in completing the program. Page 2 of 5

6.0 FINAL REPORTS AND STATEMENTS 6.1 Regardless if this Agreement expires or is terminated before the Term ends, the Recipient will submit to Fisheries Renewal by June 15, 2002: (

a) a final Report summarizing the results of the program in a format specified in

Schedule "F" by Fisheries Renewal, and, in Fisheries Renewal's opinion, of sufficient detail to enable Fisheries Renewal to assess the value of the program in relation to Fisheries Renewal's program objectives; and (

b) a final Statement, in a format specified by Fisheries Renewal, detailing (

i) how much Contribution Funding was received by the Recipient in the Term, how much was spent, and how much, if any, is left over, and (ii) what the Contribution Funding was spent on, listing in detail and with dates, all Eligible Costs claimed for the Term, using

Schedule 13" and where applicable and upon the request of Fisheries Renewal submitting support Documents. 6.2 The Recipient will ensure the final Statement is certified true and correct by a person acceptable to Fisheries Renewal and contains the statement "this is the final Statement of Account". 7.0 REPAYMENT OF CONTRIBUTION FUNDING BY THE RECIPIENT 7.1 When Fisheries Renewal receives the final Statement, it will deliver Notice to the Recipient that the total Contribution Funding given to the Recipient is either: (

a) equal to or less than the Eligible Costs for the Term; or (

b) exceeds the Eligible Costs for the Term, in which case the Recipient will pay the excess to Fisheries Renewal, in accordance with the Repayment Terms set out in

section 7.0 of

Schedule "C". 8.0 PURCHASING ASSETS 8.1 The Recipient may purchase Assets under this Agreement only .f the Asset purchases are an Eligible Cost, or the Recipient obtains prior written approval from Fisheries Renewal and complies with the terms set out in

Schedule "D". 8.2 Ownership of all assets purciwsed under this Agreement is governed by

section 4.0 of

Schedule 9.0 HIRING OF BRITISH COLUMBIA FISHERIES WORKERS 9.1 Subject to paragraph 9.2 of this Agreement, the Recipient will, in the spirit of

section 12(2)(

b) of the Fisheries Renewal Act, demonstrate preference in support of local hiring and employment of persons with fisheries experience. Page 3 of 5

9.2 Fisheries Renewal and the Recipient may amend this Agreement to ensure that all reasonable additional costs incurred by the Recipient or its subcontractors in fulfilling their obligations under paragraph 9.1 of this Agreement are Eligible Costs under this Agreement. 10.0 TRAVEL EXPENSES 10.1 Where travel expenses are an Eligible Cost, the Recipient is limited to the rates and conditions set out in

Schedule "B". 11.0 NOTICE 11.1 Delivery of any Notice, consent, permission, Report, Statement, waiver, request, details, payment or other communication will be made in writing by the Recipient to: Fisheries Renewal BC 303-960 Quayside Drive New Westminster B.C.

V3M 6G2 Attention: Paul Kariya, Chief Executive Officer Facsimile transmission number: (604) 660-0938 or to the Recipient as follows: The Science Council of British Columbia Suite 400, 4710 Kingsway Burnaby, BC V5H 4M2 Attention: Rick Warner, Director of Programs Facsimile transmission number: (604) 660-0938 11.2 If a party changes its address, it will deliver Notice of the change to the other party immediately. Once Notice is delivered, the new address specified will be considered the address of the party giving the Notice. 11.3 Notice is considered delivered: (

a) if delivered personally, on the date of delivery; or (

b) if mailed by ordinary mail, five business days after it is mailed. 12.0 SCHEDULES TO THIS AGREEMENT 12.1 All Schedules to this Agreement are an essential part of this Agreement as if set out in the body of this Agreement, and the Recipient will comply with all terms in the Schedules. Page 4 of 5

13.0 ENTIRE AGREEMENT 13.1 This Agreement with the attached Schedules is the entire agreement between Fisheries Renewal and the Rec: i∎;ent with respect to the subject matter of this Agreement. The parties, intending to be legally bound, have executed this Agreement: FISHERIES RENEWAL BC By: Date: (Authorized Signatory) (Print Name) Title Witnessed by: Print Name of Witness: SCIENCE COUNCIL OF BRITISH COLUMBIA By: Date: (Authorized Signatory) (Print Name) Title Witnessed by: Print Name of Witness: Page 5 of 5

SCHEDULE "A" FISHERIES RENEWAL BC APPLIED RESEARCH AND DEVELOMENT PROGRAM

Preamble The Recipient, in consultation with Fisheries Renewal, will carry out and complete the Program to the satisfaction of Fisheries Renewal. This

schedule (Schedule "A") constitutes the Program. The Recipient will comply with the terms of the Program as set .Jut in the contribution agreement including this

schedule and all other schedules. The Recipient acknowledges and agrees to design and deliver an Applied Research and Development Program for Fisheries Renewal BC as described and attached to this schedule. I . Capacity and Power - The Recipient represents and warrants to Fisheries Renewal BC that: (

a) the facts and information contained in this Agreement are true and correct; (

b) all information, statements, documents and reports furnished or submitted by the Recipient to the date of this Agreement in connection with the application by the Recipient for financial assistance are true and correct; (

c) the Recipient has the power to enter into this Agreement and to carry out the transactions contemplated by this Agreement and all necessary proceedings have been taken and done to authorize the execution and delivery of this Agreement by the Recipient and this Agreement has been legally and properly executed by the Recipient and is legally binding upon and enforceable against the Recipient in accordance with its terms; and, (

d) the completion of the transactions contemplated hereby will not constitute a breach by the Recipient of any statute, bylaw or regulation or of its supporting documents or of any contract or agreement to which it is a party or by which it is bound or which would result in the creation of any lien, encumbrance or other charge on any of its assets. 2. The Recipient agrees to receive and be held accountable for use and disbursement of funds as received from Fisheries Renewal according to the priorities, criteria and research project areas outlined in the program plan.

Projects recommended for funding by the Peer Review Committee will be subject to final approval by Fisheries Renewal BC and will be undertaken according to terms and conditions of this Agreement. 3. The Recipient agrees to be responsible for the deliver ✓ of an Applied Research and Development Program for Fisheries Renewal BC and to review, recommend, monitor and report on projects in four research areas - fisheries innovation, adding value, conservation and management - as described in the program plan attached to this schedule.

Approved projects will be organized and delivered in a manner and format as described in

Schedule F.

Schedule F lists the requirements. 4. The Recipient acknowledges, and Fisheries Renewal agrees, that responsibility for implementation of specific projects may be delegated to a specific Proponent and that Fisheries Renewal funding will be allocated to and accounted for on a project-by-project basis. The Recipient agrees to hold Proponents

responsible and to monitor, evaluate and report on project delivery in a systematic manner and to collect and compile project records. Such records are to be made available to Fisheries Renewal. 5. The Recipient acknowledges that in the aggregate no more than 10% of the aggregate $300,000 in Fisheries Renewal funds will be used for program administration costs as defined in

Schedule C. Further, the Recipient acknowledges that the primary objective for use of the Fisheries Renewal BC Applied Research and Development Program funds is project implementation. 6. The Recipient agrees to advise Fisheries Renewal in a timely manner of any significant changes to membership of the committee or to workplan, timelines and budgets. 7. Further, the Recipient agrees to advise Fisheries Renewal of confirmation of significant financial contributions from other sources. 8.

The Recipient must ensure that upon the completion of the Program a report on the Project must be provided to Fisheries Renewal by no later than June 15, 2002. As well, the Recipient must provide interim reports on the status of approved projects to ensure adequate progress is being made. The interim reporting dates are as follows:

i) September 30, 2001 - The First Interim Report will be submitted to Fisheries Renewal BC which provides a

summary of the projects which have been funded and specifies the award amounts. ii) January 31, 2002 - The Second Interim Report will be submitted to Fisheries Renewal BC which provides a

summary of project status and expenditures after completing a review of the 3 month interim reports. iii) March 31, 2002 - An Interim Program Expenditure Report will be submitted to Fisheries Renewal BC accounting for program and project expenditures to March 31, 2002. All reports submitted to Fisheries Renewal by the Recipient will: • be provided on a 3.5' digital diskette in Microsoft Word format; • contain a brief

summary of the report (1 - 2 paragraphs); • attach any proprietary or personal information of the Recipient's that meets all three criteria of

Section 21 of the Freedom of Information and Protection of Privacy Act (BC) in a separate appendix to the report. 10. Disbursement of funds will be as per

Schedule E. 1 I. Eligible Costs Project Costs and Expenses will be according to the level of detail specified by Fisheries Renewal as identified in

Schedule B (e.g. the number of people, hourly rate of each person, the number of hours each person worked, number of days of work, and other eligible costs such as travel, overhead, equipment rentals, charters, etc.) agreed to in advance by Fisheries Renewal BC. 12. The Recipient acknowledges and agrees that Fisheries Renewal is not in any way responsible for ongoing maintenance or support of any program or project resulting from this Agreement.

13. The Recipient acknowledges provisions of

Sec. 16 of

Schedule "C" of this Agreement and will provide Fisheries Renewal BC with proof that liability insurance is in place for itself and for all projects undertaken or operated by its partner members. 14. The Program - Applied Research and Development Program for Fisheries Renewal BC See attached proposal.

Fisheries Renewal BC Applied Research and Development Program Plan 2001-2002 Prepared by Bernadette Mah The Science Council of BC March 30, 2001

Program Overview The Fisheries Renewal BC Applied Research and Development Program provides funding for research into sustaining and renewing fisheries resources in British Columbia. The program supports community-based, collaborative, applied research and development projects that increase linkages between scientists and communities, including First Nations. The Science Council of BC (SCBC) proposes to deliver a similar program in 2001/2002, with $300,000 in funding.

Research projects will be selected through an open competition, with proposals being evaluated by the Fisheries Renewal BC Research Review committee. The funding will support non-proprietary research projects to a maximum of $50,000 per project. The research project duration is proposed to be August 1, 2001 to March 31, 2002, dependent on completion of the review process and project approvals.

Program Objectives The objectives of this program are to support research projects that promote: • Community participation and capacity • Sustainability of fisheries resources • Increased knowledge of resources • Economic development Background and Rationale The previous two programs, 1999/2000 and 2000/2001, of Fisheries Renewal BC Applied Research and Development Program have demonstrated a strong need for community-based research. A total of 39 applications were reviewed in 2000/2001, requesting $1.3 Million in funding.

Similar interest is expected for the program, because the program has been established and has been publicized to a greater extent over the past year. A longer project duration will also make the program more attractive to a wider group of applicants. While most aspects of the program have been successful in targeting the desired quality and content of the research projects, several modifications to the program were made in 2000/2001 to further focus the selection process. These modifications are outlined below.

Research Priorities The applications will be screened by the SCBC Programs Coordinator to ensure that the lbllowing criteria are met. Applications that do not address the criteria will not be passed on to the peer review committee. • The application must include a letter of support from a representative of the community, and/or relevant First Nations, in which the research will be conducted. • The project must address the program objective of sustaining fisheries resources or provide economic benefits.

• The project must have an innovative science and technology component. • The project must have clearly defined end-products that will have strong benefits for local communities. Proposals that demonstrate strong partnerships among researchers, industry, community groups, and First Nations will be given priority. Research projects are encouraged to have a community- based project coordinator. Projects should be new initiatives, pilot studies, or new components of ongoing research and development projects, and should address one the following Project Areas.

The project areas have been kept broad so that the communities can identify their research needs, rather than having research priorities imposed on them by the program. Proposals that do not address one of these topics but that fit within the program objectives and give a clear rationale for a research topic will also be considered for funding. A clarification of what constitutes research, science and technology is included in the revised application guidelines. Applicants will also be required to list other sources of funding applied for or received.

Fish enumeration, stock assessment, and stock enhancement projects will not be funded unless strong evidence is provided for testing of a new technique or technology.

Project Areas • Fisheries Innovation Research and development of new and alternative wild fisheries and aquaculture. • Adding Value Research into handling, processing, transportation, and eco-labeling of aquatic resources, including live fish. • Conservation Research into selective harvesting, reducing mortality of by-catch, enhancement of stocks, experimental design and monitoring of habitat restoration, modeling impacts of new fisheries or aquaculture on natural ecosystems. • Management Research into traditional ecological knowledge (traditional First Nations management techniques), multi-species management.

Program Administration Budget Total funding for the program requested is $300,000 for the 2001/2002 fiscal year. The maximum award amount per project will be $50,000. The maximum eligible amount was

reduced from $75,000 in 2000/2001 because the review committee felt that supporting a larger number of lower-cost projects would ensure the broadest benefits in terms of distribution of knowledge gains and capacity building. Funding will be provided for up to 100% of research- related costs. Administrative overhead will be limited to 5% of eligible project costs. The Science Council of BC requests 10% or up to $30,000 of the program costs for administration, including promotional and application materials. A minimum of $25,000 will be charged for core administration expenses. Timeframe A

summary of program activities and a timeline is given in Table 1. Projects will have an 8- month timeframe and must be completed by March 31, 2002, with a Final Report due on April 30, 2002. Review Committee Proposals will be evaluated by a Peer Review Committee based on established review criteria. The Peer Review Committee includes community members, end-users of research findings and research scientists. Committee members will be assigned to monitor individual research projects.

Reporting The projects and award amounts recommended by the peer review committee will be forwarded to the Fisheries Renewal BC Board by June 30, 2001, as well as a list of all applications. Reporting requirement for funded projects will remain as in the 2000/2001 program. Projects must submit a brief 4-month interim report and a detailed final report to SCBC. A copy of the completed final reports, including any extension products and review comments, will be forwarded to Fisheries Renewal BC. Final reports will be available to the public upon request.

In addition to the individual project reports, SCBC will provide Fisheries Renewal BC with three

summary reports. The first will report on the projects funded and accepted, and the first disbursement amounts (September 30, 2001). The second report will give a

summary of project status and expenditures after completing review of the 4-month interim reports (January 31, 2002). A final report on project outcomes and program expenditures will be submitted after the review of final reports has been completed (approximate date: June 15, 2002). Disbursement of funds Fitly percent of project funds will be released upon acceptance of funding by the award recipient. An additional 40% will be released upon approval of the 4-month report and financial statement by SCBC, with the remaining 10% to be disbursed upon approval of the final report by the Science Council, in consultation with the assigned committee monitor.

Upon approval of the program, SCBC requests a disbursement of half the program budget ($150,000) to cover the costs for program promotion and project review, as well as the first disbursements for the funded projects. The second disbursement for the remainder of the program budget is requested upon approval of the first report to cover costs for the second project disbursements. Any interest accrued during the program duration would be put towards the administration costs. Publicity Plan The Science Council newsletter will include an

article on the Fisheries Renewal BC Applied Research and Development Program. It is expected that an issue will be published in August 2001. Brochures and application packages will be produced by SCBC by April 30, 2001. The brochures and application guidelines and form will be similar to the 2000/2001 materials. The brochure will be disseminated to our extensive contact list, including the mailing list for 1999/2000 and 2000/2001, and all former program applicants. Advertisements may also be posted in appropriate newsletters or publications.

The regional science and technology network in BC will also be used to disseminate information about the program to specific regions. Application packages will be available upon request from the Science Council. The program description, application guidelines, and application forms will also be posted on the SCBC website. Ongoing publicity will be done by SCBC through articles in the newsletter and on their website. Individual project leaders will be responsible for disseminating the results of the projects to a wider audience through their extension activities.

SCHEDULE "B" Expenses 1.0 EXPENSES 1.1 The Recipient may use Contribution Funding to pay the following expenses, provided they are an Eligible Cost and are supported, where applicable, by Supporting Documents and are, in the opinion of Fisheries Renewal, necessarily incurred by the Recipient in fulfilling its obligations under this Agreement. GST will be reimbursed on the expenses only if the Recipient qualifies under

section 9.0 of

Schedule "C", and any GST reimbursed is subject to the maximum amount of Contribution Funding set out in

section 4.0 of this Agreement: (

a) Travel Expenses. If travel is in the province, the maximum amounts allowed are set out below. If travel is outside the province, prior approval must be obtained from the Chief Executive Officer ("CEO") or CEO delegate of Fisheries Renewal and only the CEO or CEO delegate can establish the amounts allowed. (

i) CST: GST on travel expenses is not reimbursed (unless the Recipient qualifies under

section 9.0 of

Schedule "C"). (ii) Meals: Breakfast $9.25 Lunch $11.00 Dinner $20.00 (iii) Accommodation: (Maximum amounts allowed - Supporting Documents required) At the standard Provincial rate as defined in the Provincial Government Hotel Directory or lower. (iv) Transportation: (no first class travel reimbursed) Private Vehicle Mileage: $0.42/KM. Vehicle owners are responsible for adequate insurance to cover business use on behalf of Fisheries Renewal. Rental Vehicle: Supporting Documents required. The Recipient will use its best efforts to obtain the most economical rate possible in order to carry out the Program.

Separately purchased Personal Accident Insurance (PAl), Collision Damage Waiver (CDW), Cargo Insurance or Personal Effects Insurance is not reimbursed by Fisheries Renewal. Parking: Supporting Documents required. Bus and Taxi: Supporting Documents required. Ferry and Train: Supporting Documents required. Air: Travel should be by the most economical commercial route or by charter approved by Fisheries Renewal. Supporting Documents and flight coupon required for reimbursement. 1

(

b) Long Distance Telephone, Fax, Photocopies, Postage and Other Identifiable Communication Expenses: At cost. Supporting Documents are required. (

C) Hospitality or Secretarial Expenses: Not reimbursed unless prior written approval received from Fisheries Renewal; office space and equipment rental are the responsibility of the Recipient and will not be reimbursed unless prior written approval is received from Fisheries Renewal. (

d) Other Expenses: Reimbursed only if prior written approval has been obtained from Fisheries Renewal. 2.0 AUTHORITY TO APPROVE 2.1 The CEO of Fisheries Renewal is the only person duly authorized to approve amendments to this

Schedule on behalf of Fisheries Renewal.

SCHEDULE "C" The Terms 1.0

DEFINITIONS 1.1 In this Agreement: "Accountable Advance" means money advanced to the Recipient under this Agreement and which remains payable by the Recipient to Fisheries Renewal until Fisheries Renewal receives and accepts the final Report and Statement. The amount of each accountable advance is based on Fisheries Renewal's reasonable estimate of how much the Recipient requires in the next Reporting Period to carry out the Program; "Budget" means the amount the Recipient estimates (including a breakdown of Eligible Costs), and Fisheries Renewal approves, it will cost to carry out and complete the Program as outlined in

Schedule A; "Contribution Funding" means the total amount of money Fisheries Renewal will provide to the Recipient under this Agreement for carrying out and completing the Program, up to the amount specified in paragraph 4.1 of this Agreement; "Eligible Cost(s)" means the costs and expenses set out in the Budget that, in the opinion of Fisheries Renewal, arc necessary and properly incurred by the Recipient to carry out and complete the Program, and that do not exceed the maximum amounts allowed in

Schedule "13". "Interest Rate" means the annual rate of interest, regardless of compounding, established by the Canadian Imperial Bank of Commerce as the reference rate for determining interest rates on Canadian dollar commercial loans in Canada plus four percent per year, calculated monthly, not in advance; "Notice" means written notification from one party advising the other party of a fact or event; "Program" means all activities and projects necessary for the Recipient to carry out and complete the Program, described in

Schedule "A"; "Program Administration Costs" means all of the expenses necessary for the Recipient to carry out and complete the Program, including but not limited to salaries, benefits, travel, materials and supplies, and administrative overhead; "Proponent" means lead agent delivering a specific project approved by the Board of Fisheries Renewal BC; "Recipient" means agent entering into agreement with Fisheries Renewal BC and receiving funds in the amount specified in the agreement; "Report" means a detailed written report, in a format specified by Fisheries Renewal and in Fisheries Renewal's view, of sufficient detail to enable Fisheries Renewal to assess the progrt:ss 3

of program activity and to assess the value of the program in relation to Fisheries Renewal's program objectives; "Statement" means a written statement of account, in a format specified by Fisheries Renewal and certified true and correct by a person acceptable to Fisheries Renewal, setting out: (

a) how much Contribution Funding was received by the Recipient in the Reporting Period, how much was spent, and how much, if any, is left over, and (

b) what the Contribution Funding was spent on, listing in detail and with dates, all Eligible Costs claimed for the Reporting Period, using

Schedule "B" where applicable, and attaching Supporting Documents. "Reporting Period" means the bi-weekly, monthly or quarterly period Fisheries Renewal chooses for the Recipient to report to Fisheries Renewal. The Reporting Period for this Agreement is specified in

Schedule "A" and may be amended at any time by Fisheries Renewal at its discretion; and "Supporting Documents" means: (

a) satisfactorily detailed statements as per

schedule E and as specified certified "true and correct" by a person acceptable t Fisheries Renewal (the Recipient must keep the original receipts in its office or have access to the original receipts for a period of three years and permit Fisheries Renewal or its agent to inspect, copy and audit the original receipts at the request of Fisheries Renewal), and (

b) proof of payment such as copies of both sides of canceled cheques or a written subcontractor statement of account marked "Paid in Full" or other proof of payment satisfactory to Fisheries Renewal. 2.0 CONDITIONS OF CONTRIBUTION FUNDING 2.1 Fisheries Renewal will provide Contribution Funding to the Recipient, subject to the following: (

a) the Recipient will apply Payments given to it by Fisheries Renewal directly against Eligible Costs of the Program; (

b) Fisheries Renewal may withhold Payments from the Recipient if, in the opinion of Fisheries Renewal, the Recipient breaches this Agreement, as described in

section 14.0 of this Schedule, and the breach is not remedied to the satisfaction of Fisheries Renewal; (

c) Fisheries Renewal may withhold from any Payment to the Recipient an amount equal to the portion of the previous Payment to the Recipient that was not used (applied and accounted for against Eligible Costs) by the Recipient; and (

d) if this Agreement is terminated before the Term ends, then the Recipient will, upon Fisheries Renewal delivering Notice, repay Fisheries Renewal, according to the Repayment Terms set out in

section 7.0 of

Schedule "C", any Contribution Funding that was not applied and accounted for by the Recipient against Eligible Costs.

2.2 Regardless of the other terms in this Agreement, Fisheries Renewal will not pay: (

a) the Recipient more than the amount specified in paragraph 4.1 of this Agreement; and (

b) Contribution Funding to the Recipient unless the Board of Directors of Fisheries Renewal approve a budget that provides Fisheries Renewal with sufficient funds to make Payments under this Agreement when requested. 3.0 OTHER FUNDING 3.1 If the Recipient receives funding of any kind for Eligible Costs from any source in addition to that funded by this Agreement ("Other Funding"), then the Recipient will immediately give Fisheries Renewal complete details of the Other Funding. 3.2 Upon receiving the complete details of the Other Funding, Fisheries Renewal may, regardless of any other term in this Agreement, give Notice to the Recipient that Fisheries Renewal will require any one or more of the following: (

a) a reduction of any or all Eligible Costs; (

b) a reduction of the Contribution Funding payable under this Agreement to the Recipient; and (

c) the Recipient to repay, according to the Repayment Terms set out in

section 7.0 of

Schedule "C", any or all of the Contribution Funding provided under this Agreement. 3.3 The reductions or repayment, or both, will not total more than the amount of the Other Funding. 4.0 BOOKS OF ACCOUNT 4.1 The Recipient will: (

a) maintain accurate books of account and records, including Supporting Documents, of all Eligible Costs ("Books of Account"); and (

b) permit Fisheries Renewal, during normal business hours, to inspect, copy and audit, any or all of the Books of Account. 5.0 THE MATERIAL 5.1 The Recipient will permit Fisheries Renewal, or its agent, at all reasonable times, to inspect, review, examine and copy any and all findings, data, specifications, drawings, working papers, reports, layouts, copy, prints, materials, documents and all audio, visual and print material whether complete or not (collectively called the "Material"), that are produced, received or acquired by the Recipient or provided by Fisheries Renewal to the Recipient as a result of this Agreement. 5.2 The Material produced, received or acquired by the Recipient, or provided by Fisheries Renewal to the Recipient as a result of this Agreement will be delivered immediately by the Recipient to 5

Fisheries Renewal, upon Fisheries Renewal giving Notice to the Recipient requesting delivery, whether the Notice is delivered before or after this Agreement expires or is terminated. 5.3 Fisheries Renewal will have a non exclusive perpetual royalty free world wide license to use, reproduce, modify, copy, any or all of the material produced, received, or acquired by the Recipient as a result of this agreement. 6.0 CONFIDENTIALITY 6.1 The Recipient will treat as confidential all Material and will not permit its disclosure without Fisheries Renewal's prior written consent, except as required by applicable law, including the Freedom of Information and Protection of Privacy Act, RSBC 1996, c. 1 65. 7.0 REPAYMENT TERMS 7.1 If, for any reason, the Recipient is required to pay or refund money to Fisheries Renewal, then: (

a) the Recipient will pay the required amount to Fisheries Renewal within 30 days of Notice being delivered to the Recipient by Fisheries Renewal; (

b) interest will accumulate on the required amount at the Interest Rate calculated 30 days from the date Notice is delivered until the date the required amount and interest is paid in full to Fisheries Renewal; and (

c) Fisheries Renewal may, at its discretion, delay or suspend the implementation of any new Agreement(

s) with the Recipient until any required amount is repaid to Fisheries Renewal ("Repayment Terms"). 8.0 PUBLIC ANNOUNCEMENTS 8.1 Fisheries Renewal may, at its discretion, make public announcements regarding the details of this Agreement ("Public Announcements"), as it considers appropriate. 8.2 The Recipient will consult with Fisheries Renewal and its representatives before initiating all public information activities relating to this agreement including, but not limited to, media events, interviews, signage, photography sessions, printed materials and responding to media inquiries. 8.3 The Recipient will not plan any Public Announcements relating to this agreement without first consulting Fisheries Renewal and without Fisheries Renewal's approval. 8.4 Any public information relating to this Agreement, produced by or on behalf of the Recipient, will acknowledge Fisheries Renewal's funding and will be provided to Fisheries Renewal in draft tbrm prior to production. 6

9.0 GOODS AND SERVICES TAX 9.1 If the Recipient is not registered with Revenue Canada for GST, it should pick up the "Non Registrants or Registrants Public Bodies GST Guide" for an explanation on how to apply for the GST rebate. 10.0 ASSIGNMENT AND SUBCONTRACTING 10.1 The Recipient will not, without first obtaining written permission from Fisheries Renewal: (

a) assign or transfer, directly or indirectly, this Agreement or any right of the Recipient under this Agreement; or (

b) subcontract any obligation of the Recipient under this Agreement. 10.2 No subcontract, whether consented to or not, relieves the Recipient from any obligations under this Agreement, nor will it impose any obligation or liability on Fisheries Renewal to the subcontractor. 10.3 The Recipient will ensure that any subcontractor complies with this Agreement in performing the subcontract. 11.0 CONFLICT OF INTEREST 11.1 The Recipient will not, during the Term, provide a service for, or advice to, or contract with, or provide other benefits to any person, firm or corporation where, in the reasonable opinion of Fisheries Renewal, it may or does give rise to a conflict of interest between the obligations of the Recipient to Fisheries Renewal under this Agreement and the obligations of the Recipient to the other person, firm or corporation. 12.0 RELATIONSHIP 12.1 Neither this Agreement nor any actions of Fisheries Renewal or the Recipient will create a partnership, joint venture, agency or other legal entity between them. 12.2 The Recipient is an independent contractor and not the servant, employee, agent or partner of Fisheries Renewal. 12.3 The Recipient will not in any manner whatsoever commit or purport to commit Fisheries Renewal to pay any money to any person, firm or corporation except as set out in this Agreement. 13.0 REPRESENTATIONS AND WARRANTIES 13.1 The Recipient represents and warrants that:

(

a) it does not know of any fact(

s) that may or does materially adversely affect its assets, properties, business, operations or condition (financial or otherwise); (

b) it does not know of any fact(

s) that may or does materially adversely affect its ability to satisfy its obligations under this Agreement; (

c) it is not in breach of, or in default under, any law, statute or regulation of Canada or of the Province of British Columbia that applies to or is binding upon it; (

d) it has the power and capacity to execute this Agreement; (

e) it has obtained independent legal advice to review this agreement; and (

f) this Agreement is binding upon and enforceable against the Recipient. 14.0 BREACH OF AGREEMENT 14.1 The Recipient is in breach of this Agreement if: (

a) it fails to comply with any term of this Agreement; (

b) any representation or warranty made by it is untrue or incorrect; (

c) any information, statement, certificate, report or other document given by or on behalf of it is untrue or incorrect; (

d) there is a change to any one or more or all, of the assets, properties, business, operations or condition (financial or otherwise) of the Recipient which, in the opinion of Fisheries Renewal, may or does materially adversely affect the ability of the Recipient to satisfy its obligations under this Agreement; (

e) the Recipient ceases, in the opinion of Fisheries Renewal, to operate. 14.2 If, in the opinion of Fisheries Renewal, the Recipient is in breach of this Agreement, Fisheries Renewal may give Notice to the Recipient that Fisheries Renewal is doing either or both of the following: (

a) withholding Payment from the Recipient as set out in paragraph 2.1(

b) of this Schedule; and (

b) terminating this Agreement and demanding repayment of any Contribution Funding that was not applied and accounted for by the Recipient against Eligible Costs, as set out in paragraph 2.1(

d) of this Schedule. 14.3 Repayment of Contribution Funding under subparagraph 14.2(

b) shall include payment of interest in accordance with the Repayment Terms set out in

section 7.0 of

Schedule "C".

15.0 WAIVING TERMS OR BREACHES 15.1 No term of this Agreement and no breach by the Recipient of this Agreement may be waived, except with the written consent of Fisheries Renewal. 15.2 Waiver in one instance by Fisheries Renewal of any term or breach by the Recipient of this Agreement will not constitute waiver in any other instance. 16.0 INDEMNITY AND INSURANCE 16.1 The Recipient will indemnify and save harmless Fisheries Renewal and its employees and agents for all losses, claims, damages, actions, causes of action, costs and expenses that any of them may suffer either before or after this Agreement expires or is terminated, by reason of any act or omission of the Recipient or any servant, employee, officer, director, shareholder, trainee or subcontractor of the Recipient, except liability arising out of any independent negligent act by Fisheries Renewal. 16.2 At Fisheries Renewal's request, the Recipient will maintain and pay for specific insurance of the type, amount, and deductible as Fisheries Renewal, in its sole discretion, considers appropriate. 16.3 At Fisheries Renewal's request, the Recipient will provide proof of this insurance to Fisheries Renewal. 17.0 WORKERS' COMPENSATION 17.1 The Recipient, where allowed by the Workers Compensation Act, must be registered with the Workers' Compensation Board (WCB) and shall comply, at all times, with all WCB Regulations. 18.0 RESOLVING DISPUTES 18.1 All disputes between the parties which cannot he resolved by the parties will he submitted to arbitration under the Commercial Arbitration Act, RSBC 1996, c56, unless the parties agree otherwise. 18.2 The place of arbitration will be Victoria, British Columbia, or any other location Fisheries Renewal chooses. 19.0 FURTHER ACTS AND ASSURANCES 19.1 Each party, at the reasonable request of the other, will do or cause to be done any legal acts, documents and assurances that will carry out the terms of this Agreement more effectively. 20.0 TIME OF ESSENCE 20.

I Time is of the essence in this Agreement. 9

21.0 SURVIVAL OF TERMS 21.1 All of the terms of this Agreement in favour of Fisheries Renewal and all of the rights and remedies of Fisheries Renewal, either at law or in equity, survive the expiration or earlier termination of this Agreement. 22.0

INTERPRETATION 22.1 The headings appear in this Agreement for convenience or reference only and will not affect the

interpretation of this Agreement. 22.2 References to a statute in this Agreement, whether or not that statute is defined, include all regulations at any time made under that statute and any amendments to that statute. 22.3 Every reference to Fisheries Renewal in this Agreement includes a person duly authorized to act for or on behalf of Fisheries Renewal with respect to this Agreement. 23.0 SUCCESSORS AND ASSIGNS 23.1 This Agreement will operate to the benefit of and be binding upon the Recipient and its successors and permitted assigns and Fisheries Renewal and its assigns. 10

SCHEDULE "D" Purchasing Assets for the Program 1.0 ASSET PURCHASE POLICY 1.1 All purchases of Assets under this Agreement are governed by Fisheries Renewal's Assets Purchase and Ownership Policy ("Policy") and any amendments to it. 1.2 Fisheries Renewal reserves the right to amend the Policy at any time, at its sole discretion. 2.0

DEFINITIONS "Assets" are things of value (other than intellectual property) purchased, constructed or manufactured by the Recipient that: (

a) have an initial cost of more than $750.00 and which will not be fully consumed during the Term of this Agreement; or (

b) have an initial cost of $250.00 or more and which can be readily misappropriated for personal use or gain. "Asset costs" must include salaries, stipends, benefits, travel expenses, or indirect costs related to construction or manufacture of the assets by the Recipient.

Multiple purchases of the same item will be considered the purchase of a single asset for the purposes of this Agreement. 3.0 PURCHASING ASSETS 3.1 Where it is cost effective, the Recipient should lease, rent or otherwise provide the Assets needed to carry out and complete the Program. 3.2 Upon receiving prior written approval from Fisheries Renewal, the Recipient may use Contribution Funding to purchase Assets which are not an Eligible Cost but which are needed to carry out the Program. 3.3 Fisheries Renewal may, in its sole discretion, refuse to approve a request by the Recipient to purchase Assets which are not an Eligible Cost. 4.0 OWNERSHIP OF ASSETS At the expiration or earlier termination of this Agreement, the Recipient will transfer to Fisheries Renewal, in accordance with Fisheries Renewal's Assets Purchase and Ownership Policy, title and ownership of all Assets purchased by the Recipient with Contribution Funding provided under this Agreement. 11

SCHEDULE E Cash-Flow Projection for the Fiscal Year 2001-2002 MONTH May June July August September October November December January February March AMOUNT IN DOLLARS Up to $100,000 Up to $170,000. This second advance payment of $170,000 is based on clause 4. 1(b). Holdback of 10% until receipt of Final Report and statement in accordance with

section 6 of this agreement. TOTAL The lesser of firstly $300,000 and secondly, Eligible Costs 12

SCHEDULE F Reporting The following reports will be prepared by the Recipient and submitted to Fisheries Renewal BC. Where applicable, the attached reporting forms will be used by the Recipient. PLANNING REPORTS Program Budget Forecast Report, prepared by Recipient and returned to FsRBC upon signing the agreement (See attached Budget Forecast Form).. INTERIM REPORTS First Interim Report prepared by the Recipient anJ submitted to Fisheries Renewal BC by September 30, 2001. This report will provide a

summary of the projects that have been funded as well as the award amounts. Second Interim Report prepared by the Recipient and submitted to Fisheries Renewal BC by January 31, 2002. This report will provide a

summary of project status and expenditures after completing a review of the 3 month interim reports for individual projects. Interim Expenditure Report prepared by the Recipient and submitted to Fisheries Renewal BC by April 14, 2002. This report will provide a statement of program and project expenditures to March 31, 2002 (See attached Interim Expenditure Statement Form and Interim Expenditure Declaration From). YEAR-END REPORTS Performance Report prepared by the Recipient by June 15, 2002 (See attached Performance Report Form). Final Report, prepared by the Recipient by June 15, 2002 (See Final Report Format).

Program Final Expenditure Report, prepared by the Recipient by June 15, 2002 (See attached Final Expenditure Statement Form and Final Expenditure Declaration From). 13

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 598/2001
Type	order_in_council
Volume / chapter	arc oic 0598 2001
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	e77c2ea437bb8b0409be6a979ddc0c7adfedd6d0

Source file is stored in the law ingest library (pdf).