DND Identification Number:«MOUDND_ID_»

«MFRC» MFRC

MEMORANDUM OF UNDERSTANDING

BETWEEN

HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS REPRESENTED BY THE MINISTER OF NATIONAL DEFENCE REPRESENTED BY THE CHIEF OF MILITARY PERSONNEL IN THEIR PUBLIC CAPACITY, AS FURTHER REPRESENTED BY THE

DIRECTOR MILITARY FAMILY SERVICES IN THEIR PUBLIC CAPACITY (HEREINAFTER REFERRED TO AS “DND”)

AND

THE «MOU_English_Name_Caps», A NOT-FOR PROFIT ORGANIZATION INCORPORATED UNDER THE «Incorporated_under»

(HEREINAFTER REFERRED TO AS “MFRC”)

CONCERNING

THE COOPERATION, ROLES AND RESPONSIBILITIES BETWEEN DND AND THE MFRC (HEREINAFTER REFERRED TO AS THE “PARTICIPANTS”)TO ENSURE

THE PROPER USE OF PUBLIC FUNDS AND EFFICIENT DELIVERY BY THE MFRC OF THE PUBLICLY FUNDED COMPONENT OF THE MILITARY FAMILY SERVICES

PROGRAM

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TABLE OF CONTENTS

1. INTRODUCTION...................................................................................................3

2. DEFINITIONS........................................................................................................4

3. OBJECTIVES AND SCOPE.................................................................................6

4. ORGANIZATION AND MANAGEMENT...............................................................6

5. PRINCIPLES OF COOPERATION.......................................................................7

6. ROLES AND RESPONSIBILITIES.......................................................................7

7. FINANCIAL ARRANGEMENTS..........................................................................11

8. INSURANCE.......................................................................................................13

9. SETTLEMENT OF DISPUTES............................................................................13

10. AMENDMENT.....................................................................................................14

11. DURATION, WITHDRAWAL AND TERMINATION............................................14

12. EFFECTIVE DATE AND SIGNATURES.............................................................15

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1. INTRODUCTION

1.1 In recognition of the contributions made by military families, DND is committed to the development and implementation of policy and program initiatives for Canadian Armed Forces (CAF) members and their families. The intent of these initiatives is to assist CAF members and their families manage the unique stresses associated with the military lifestyle and enhance CAF morale, welfare and quality of life by supporting personal, family and community development. This intent will be accomplished by means of the Military Family Services Program (MFSP), which offers various access points, some non-publicly funded and some publicly funded. However, the cooperative relationship between DND and the MFRC that falls under the scope of this Memorandum of Understanding(MOU) is limited to those activities of the MFSP that are publicly funded.

1.2 DND is committed to ensuring that opportunities exist for CAF members and their families to leverage their capacity to contribute to the community in which they live and in the official language of their choice. Their participation will ensure that MFSP Services anticipate and respond to the demands of the military lifestyle while developing competencies, self-determination independence, and resiliency in all military families.

1.3 Civilian family members of CAF members in particular need to be involved in the governance of family and community-based services, including the planning, development, provision, coordination and evaluation of these services.

1.4 The MFRC, through its constitution and bylaws, has been established to provide the opportunity for participation and engagement of the military family in their community, and is best positioned to further the mutually supportive cooperation with DND as detailed in this MOU.

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2. DEFINITIONS

Audit Includes (a) examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; (b) assessing the accounting principles used and significant estimates made by management; and (c) evaluating the overall financial statement presentation.

Audited Financial Statement

Financial statements produced as a result of a process conducted by an external, independent accountant, with a license to practice Public Accounting, in accordance with Canadian generally accepted auditing standards, to obtain reasonable assurance whether the financial statements are free of material misstatement, and to express an opinion on those financial statements.

Canadian Armed Forces Member

An active serving member of any component of the CAF, Regular or Reserve.

Compliance and Assurance Review

A compulsory review of MFRC compliance with the MOU and MFSP: Parameters for Practice.

Commanding Officer The Canadian Armed Forces Local or Regional Commander of a CAF Base/Wing/Detachment/Unit in which an MFRC is located.

Governance The processes and structures through which power and authority are exercised, including the decision-making processes.

MFSP Services (previously referred to as MFSP Mandated Services)

Services determined by DND to respond to essential needs of CAF families that arise from their unique lifestyle, and/or support personal, family and community development. These services will be offered by the MFRCs where demonstrated need exists, and in accordance with the policies outlined in MFSP: Parameters for Practice published by Military Family Services (MFS). These services are publicly funded by DND.

MFSP Site-specific Services

Locally-funded family services (from any funding source), consistent with the goals of the MFSP that are outside of the scope of this MOU.

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Military Families Military families are defined within the context of the MFSP Populations Served description outlined in the “MFSP: Parameters for Practice” published by MFS, as updated from time to time. Available online at www.cfmws.com.

Quarterly Financial Report

Report completed at three month intervals by the MFRC, based on a standardized template to document the expenditure of public funds in the defined service areas.

Stakeholders Those internal or external organizations, individuals and groups who have a vested interest or “stake” in the MFSP. These may include the CAF, the MFRC, DND and civilian organizations within Canadian communities. The list is broad and inclusive and may vary depending on the issue.

Supplemental Agreement

An agreement, outside the scope of this MOU, between the MFRC and the Commanding Officer that outlines the site-specific services to be provided by the MFRC and the facilities, materiel, transportation, services and funding to be provided through the Commanding Officer.

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3. OBJECTIVES AND SCOPE

3.1 The objective of this MOU is to set out the understandings of each Participant regarding:

3.1.1 The coordinated management and delivery of the MFSP to CAF members and their families.

3.1.2 The roles and responsibilities of each Participant.

3.2 This MOU is in no way intended to be a procurement instrument. Any material procurement resulting from, or required by, the implementation of the MOU must be accomplished in accordance with the applicable procurement laws and regulations.

3.3 The Participants concur that they will fully respect the scope, intent and meaning of all sections of this MOU.

3.4 The Participants acknowledge that notwithstanding the wording used in this MOU, neither the MOU as a whole nor any of its parts taken separately are, or ever have been, intended to be a contract or be contractual in nature except for the provisions in paragraphs 4.4, 6.4, 7.3 and 8 to which DND and the MFRC agree to be legally bound.

4. ORGANIZATION AND MANAGEMENT

4.1 This MOU outlines the shared responsibilities and authorities of the Participants working co-operatively to develop, design and deliver the publicly funded component of the MFSP. The existence of this MOU is to supplement DND support to CAF personnel and their families to manage the unique stresses associated with the military lifestyle.

4.2 The MFSP is established as a morale and welfare activity with non-publicly funded and publicly funded components. The management and administration of the public components on behalf of Chief Military Personnel (CMP) are delegated to MFS under the Canadian Forces Morale and Welfare Services (CFMWS). The Director MFS in their public capacity is accountable to managing public accounts and central funds dedicated to the MFRC. MFS, as a non-public property organization, staffed by non-public fund employees and military personnel, is responsible for the administration of the entire MFSP including this MOU and any related oversight activity.

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4.3 The morale and welfare of CAF members and their families is a responsibility of the chain of command. The MFSP exists to supplement the services and supports provided through Commanding Officers in fulfilling their role and responsibility for the morale and welfare of CAF communities of the Base/Wing/Detachment/ Unit where the MFRC is located.

4.4 MFS is responsible for the ongoing monitoring and evaluation of the MFSP. As part of its oversight activities, MFS will monitor MFRC performance under this MOU. Failure on the part of the MFRC to meet the provisions in paragraphs 6.4, 7.3 and 8 of this MOU will be reported to CMP. In this regard, it is understood that CMP has authority to effect any corrective action, including, but not limited to, the withholding of public funds and/or requiring that the MFRC return public funds to DND.

5. PRINCIPLES OF COOPERATION

5.1 The Participants concur that the following principles will guide their cooperation under this MOU:

5.1.1 This MOU will provide for the establishment and maintenance of a cooperative relationship between DND and the MFRC, primarily the Board of Directors, in the delivery of the publicly funded components of the MFSP falling under the scope of this MOU.

5.1.2 Based on a family-centered model that encourages and supports self-determined, resilient and resourceful citizens and communities, this MOU will provide opportunity for the engagement of military families in the identification, design, delivery and evaluation of MFSP Services intended to meet their needs. Further to this family-centered model, the required MFRC Board of Directors composition of at least 51 percent of military family members and is designed to ensure significant participation of military family members in the governance, decision-making and policy development of the MFSP.

6. ROLES AND RESPONSIBILITIES

6.1. DND, through the Director MFS in their public capacity will:

6.1.1 Provide public funding to the MFRC for the delivery of the publicly funded components of the MFSP in accordance with the “MFSP: Parameters for Practice” published by MFS, as updated from time to time (available online at www.cfmws.com ) . The provision of funding will be made in accordance with the financial arrangements provisions of this MOU.

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6.2 MFS in their administrative role under this MOU, and in accordance with the MFSP: Parameters for Practice and such other applicable policies will:

6.2.1 Coordinate any strategic planning, policy and program development, as

well as any design and evaluation activities as required under this MOU.

6.2.2 Determine the MFSP framework and develop MFSP policies and service delivery standards to support the execution of this MOU.

6.2.3 Establish training opportunities to support the MFRC to fulfill its responsibilities as outlined in this MOU. Any training to be provided by MFS to the MFRC resulting from, or required by, the implementation of the MOU will be accomplished in accordance with the applicable accountability framework.

6.2.4 Monitor MFRC performance under this MOU by ensuring that the planned delivery of services is in keeping with MFSP aims and objectives. Performance monitoring will include, but not limited to, MFS oversight of MFRC management of financial reporting and performance measurement.

6.2.5 Develop and provide national resource materials related to the MFSP activities under the MOU in both official languages for use by the MFRC.

6.2.6 Provide the MFRC and Commanding Officers with professional and technical advice on all aspects of MFSP activities under this MOU.

6.2.7 Commission a Compliance and Assurance Review of the MFRC for verification purposes once every three years to monitor the activities under this MOU.

6.3 DND, through the Commanding Officer in their public capacity and recognizing their administrative role under this MOU will:

6.3.1 Promote the services of the MFRC to military personnel.

6.3.2 Provide the MFRC with public support (e.g. facilities, materiel and services, etc.) in accordance with the A-PS-110-001/AG-002, Morale and Welfare Programs in the Canadian Forces – Public Support to Morale and Welfare Programs and Non-Public Property Manual.

6.3.3 Provide the MFRC with up to date personal information regardingCAF personnel, including name, home address, telephone number, and reason for notification accordingly, in accordance with CANFORGEN 164/05 ADM(HR-MIL) 068 241213Z OCT 05, as updated from time to time.

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6.3.4 Serve, or identify a senior member of the command team to serve, on the MFRC Board of Directors as their non-voting representative.

6.3.5 Participate in a minimum of four meetings per year with the Board of Directors Chairperson and the MFRC Executive Director.

6.3.6 Provide information to the MFRC regarding the operational mission of the Base/Wing/Detachment/Unit and any other events, activities or requirements that may affect military families.

6.3.7 Enter into a Supplemental Agreement with the MFRC to set the level of site specific public support in accordance with the A-PS-110-001/AG-002, Morale and Welfare Programs in the Canadian Forces – Public Support to Morale and Welfare Programs and Non-Public Property Manual. It is understood that the Supplemental Agreement may also include other site specific funding and/or resources provided by the Commanding Officer falling outside the scope of this MOU, and therefore subject to such other applicable accountability framework.

6.4 The MFRC shall:

6.4.1 Ensure that it is a (federally/provincially/territorially) incorporated, not-for-profit organization in good standing at all times during the period of this MOU.

6.4.2 Ensure that it complies at all times during the period of this MOU with the provisions of its organizational by-laws and the legislation under which it is incorporated.

6.4.3 Ensure that it adheres at all times during the period of this MOU to applicable labour legislation which forms the basis for its employee policy, standards and guidelines.

6.4.4 Subject to the applicable (federal/provincial/territorial) legislation under which it is incorporated, ensure appropriate representation on its Board of Directors consistent with:

6.4.4.1 Civilian family members of serving CAF personnel, as defined by the “MFSP: Parameters for Practice” published by MFS, as updated from time to time (available online at www.cfmws.com ) , constituting at least 51 percent of the voting membership.

6.4.4.2 A minimum of «Voting_Members_English» voting members.

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«MFRC» MFRC

6.4.4.3 The Commanding Officer or a senior member of the command team as a non-voting representative.

6.4.4.4 Military families and members of the local community have formal opportunity to nominate and elect members to the MFRC Board of Directors.

6.4.5 Inform, without delay, MFS and the Commanding Officer of any matters that may have the potential to impact the MFRC credibility and reputation and/or that of the MFSP.

6.4.6 Pursue opportunities for collaboration by engaging with stakeholders, such as other divisions of CFMWS (i.e. Personnel Support Programs). Pursue opportunities to cooperate with other agencies and community service providers in the local area to avoid duplication of services.

6.4.7 Develop and submit to MFS funding requests, funding distribution allocations for service delivery and financial and performance reporting, all in accordance with the “MFSP: Parameters for Practice” published by MFS, as updated from time to time (available online at www.cfmws.com ) .

6.4.8 Deliver the MFSP Services in accordance with the MFSP: Parameters for Practice published by MFS, as updated from time to time (available online at www.cfmws.com ) .

6.4.9 Coordinate a minimum of four meetings per year with the Commanding Officer, the MFRC Board Chair and the MFRC Executive Director to discuss and report on, as applicable, the activities under this MOU including any such matters important for military families.

6.4.10 Ensure that a community needs assessment has been conducted in the past three years, or that it will be completed during the period of this MOU, in accordance with the MFSP: Parameters for Practice.

6.4.11 Clearly display the MFSP logos and graphics on all printed material, signs, advertising and promotional material in accordance with the “MFSP National Standards Graphics Manual ”, published by MFS, and updated from time to time (available online at www.cfmws.com ) .

6.4.12 Ensure that all personal information it acquires is handled in accordance with the provisions of the “MFSP Privacy Code” as published by MFS, and updated from time to time (available at www.cfmws.com) and any applicable federal/provincial/territorial privacy legislation. For greater certainty, it is understood that the MFRC holds personal information in confidence, within legal bounds.

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6.4.13 Provide and promote MFSP Services in both official languages in accordance with applicable federal legislation and DND standards.

6.4.14 Provide MFS with a copy of the MFRC annual report and the minutes of the MFRC Annual General Meeting (AGM) within the timelines established by MFS for submission of year-end reports.

6.4.15 Facilitate the participation/input of military families in the design, delivery, evaluation and governance of the services provided by the MFRC under this MOU.

6.4.16 Participate in a Compliance and Assurance Review of the MFRC commissioned by MFS for verification purposes to monitor the activities under this MOU. Within three months of receipt of the report, have implemented the corrective actions required to address all the recommendations and observations contained in the report and inform MFS on the status of any such actions.

6.4.17 Utilize the FamilyForce.ca website platform provided by MFS to promote the services for military families provided by the MFRC under this MOU and as a means of directing military families to a single destination site for information for and about military families.

6.4.18 Promote the MFS Family Information Line (FIL) (1-800-866-4546) to military families as an information, referral and crisis support resource.

6.4.19 Enter into a Supplemental Agreement with the Commanding Officer to set the level of site specific public support in accordance with the A-PS-110-001/AG-002, Morale and Welfare Programs in the Canadian Forces – Public Support to Morale and Welfare Programs and Non-Public Property Manual. It is understood that the Supplemental Agreement may also include other site specific funding and/or resources provided by the Commanding Officer falling outside the scope of this MOU, therefore, subject to such other applicable accountability framework.

7. FINANCIAL ARRANGEMENTS

7.1 It is understood that the CMP provides public funding through the Director MFS in their public capacity directly to the MFRC. The MFRC total annual budget allocation is detailed in the annual funding notice from the Director MFS.

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7.2 DND will:

7.2.1 Fund the MFSP at its discretion. The Director MFS is responsible for the administration of the public funds authorized by CMP.

7.2.2 Through the Director MFS, provide public funding to the MFRC for the delivery of the publicly funded MFSP in accordance with the “MFSP: Parameters for Practice” published by MFS, as updated from time to time (available online at www.cfmws.com ) . These funds will be provided on a quarterly installment basis, in advance of service delivery.

7.2.3 Additional funding for specific unanticipated exigencies (e.g. requirements beyond annual funding allocation) will be based on a business case as submitted by the MFRC and approved by the Director MFS.

7.2.4 Through the Commanding Officer, provide funds to the MFRC as detailed in the Supplemental Agreement between the Commanding Officer and the MFRC.

7.3 The MFRC shall:

7.3.1 Use funds received under this MOU in accordance with the MFSP: Parameters for Practice” published by MFS, as updated from time to time (available online at www.cfmws.com ) . Invoices, receipts and/or other records that demonstrate the purpose for which the funds were expended shall be held on file at the MFRC for a period of seven (7) years, and made available to MFS on request.

7.3.2 Follow generally accepted accounting principles and practices, as well as the Canadian Institute of Chartered Accountants guidelines for Not for Profit accounting.

7.3.3 Provide to MFS Quarterly Financial Reports and Annual Performance Reports in accordance with the “MFSP: Parameters for Practice” published by MFS, as updated from time to time (available online at www.cfmws.com ) .

7.3.4 If the MFRC ceases to operate, the MFRC shall engage a Certified Public Accountant, or equivalent, licensed in his/her respective province to conduct an independent, external financial audit. The MFRC shall provide to MFS, a copy of the independent financial audit report within one month of the audit. All public funds that have not been spent as of the date the MFRC ceased to operate shall be returned to DND. Further, any capital items purchased with public funds shall be returned to DND as of the date the MFRC closes.

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7.3.5 In the event the MFRC makes any act of bankruptcy or if the MFRC is dissolved for any reason, the MFRC shall advise MFS of this event in writing. The MFRC shall continue to provide MFS with all relevant information related to the act of bankruptcy or dissolution, including the name and contact details for any trustees in bankruptcy, receivers, accountants or any other interested parties.

7.3.6 Obtain an annual external and independent financial audit conducted by a Certified Public Accountant, or equivalent, licensed in his/her respective province. A copy of the Annual Audited Financial Statement, as approved at the AGM, shall be submitted to MFS no later than two months following the AGM.

7.3.7 Request additional funding for specific unanticipated exigencies (e.g. requirements beyond annual funding allocation). These funds will not necessitate a review of the entire MOU, but will be based on a business case as submitted by the MFRC and approved by the Director MFS. Notification of funding adjustments will be provided by MFS to the MFRC and the Commanding Officer.

7.3.8 Adhere to the provisions of this MOU as a condition of continuing to receive public funding from DND. Failure to comply of comply with the terms of this MOU shall result in the withdrawal of site specific public support in accordance with A-PS-110-001/AG-002, Morale and Welfare Programs in the Canadian Forces – Public Support to Morale and Welfare Programs and Non-Public Property Manual, including materiel, use of Federal Real Property and other support from DND.

8. INSURANCE

8.1 The MFRC shall obtain property, liability, errors and omissions and directors and officers’ liability insurance coverage in accordance with the minimum standards established by MFS, as updated from time to time. Proof of such coverage and continuance of such insurance shall be presented by the MFRC to MFS and the Commanding Officer prior to the beginning of each fiscal year. A fiscal year is defined as 01 April to 31 March.

9. SETTLEMENT OF DISPUTES

9.1 Any disputes arising from the interpretation or implementation of this MOU will be resolved only through consultation between the Participants and will not be referred to a court, a national or international tribunal or any other third party for settlement.

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9.2 In the event that any dispute occurs or any questions arise among the Participants which touches upon the interpretation of this MOU which the Participants cannot resolve in the normal course of business, then either the Participants will give written notice to the other requesting a formal resolution of the dispute. Such written notice will include a description of the dispute and a formal request for the Participants to negotiate with each other in good faith with a view to reaching a just and equitable resolution to the dispute. Within 15 days of receipt of the above notice, the receiving party shall submit to the other a written response.

9.3 Within 30 days after receipt of the initial notice, the Participants will meet at a mutually acceptable time and place with a view to resolving the dispute. 

9.4 Should the Participants not be able to resolve the dispute the matter will be submitted to CMP for adjudication. The decision of CMP shall be final and binding and shall not be subject to appeal.

10. AMENDMENT

10.1 This MOU may be amended only by the mutual written consent of the Participants with three months’ notice.

11. DURATION, WITHDRAWAL AND TERMINATION

11.1 This MOU will remain in effect for a period of «Duration_name» «Years» from the effective date.

11.2 A Participant may withdraw from this MOU upon presentation of three (3) months’ written notice to the other Participant.

11.3 This MOU may be terminated, effective immediately, with the mutual written consent of the Participants or will terminate upon MFS receiving notification of dissolution or insolvency of the MFRC.

11.4 Upon withdrawal from, termination or expiry of this MOU, the MFRC will return all public funds and unused materiel that have not been spent as of the date the withdrawal, termination or expiry of this MOU. Any capital items purchased with public funds shall be returned to DND as of the date the withdrawal from, termination or expiry of this MOU.

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12. EFFECTIVE DATE AND SIGNATURES

12.1 This MOU, which is concluded in duplicate, will enter into effect on the last date of signature.

For DND and CFWMS

C.D. HarrisColonelDirectorMilitary Family ServicesCanadian Forces Morale and Welfare Services

For the MFRC

(name)

Date Date

For administrative purpose only:I acknowledge that I have read this MOU and understand its implications for Base/Wing/ Station/Detachment/Unit

(I confirm that I am duly authorized to sign on behalf of the MFRC and that I represent the MFRC’s Board of Directors for the purpose of this MOU.)

Commanding Officer Base/Wing/ Station/ Detachment/Unit

Date

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