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
1/15
DND Identification Number:
«MOUDND_ID_»
«MFRC» MFRC
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
2/15
DND Identification Number:
«MOUDND_ID_»
«MFRC» MFRC
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.
3/15
DND Identification Number:
«MOUDND_ID_»
«MFRC» MFRC
2.
4/15
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.
DND Identification Number:
«MOUDND_ID_»
«MFRC» MFRC
5/15
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.
DND Identification Number:
«MOUDND_ID_»
«MFRC» MFRC
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 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.
6/15
DND Identification Number:
«MOUDND_ID_»
«MFRC» MFRC
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 Chief Military Personnel (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 selfdetermined, 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, decisionmaking 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
7/15
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.
DND Identification Number:
«MOUDND_ID_»
«MFRC» MFRC
6.2
6.3
8/15
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.
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 regarding
CAF 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.
DND Identification Number:
«MOUDND_ID_»
«MFRC» MFRC
6.4
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/AG002, 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.
The MFRC shall:
6.4.1
Ensure that it is a (federally/provincially/territorially) incorporated, not-forprofit 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
6.4.4.2
9/15
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.
A minimum of «Voting_Members_English» voting members.
DND Identification Number:
«MOUDND_ID_»
«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.
10/15
DND Identification Number:
«MOUDND_ID_»
«MFRC» MFRC
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-PS110-001/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.
11/15
DND Identification Number:
«MOUDND_ID_»
«MFRC» MFRC
7.2
7.3
12/15
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.
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.
DND Identification Number:
«MOUDND_ID_»
«MFRC» MFRC
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.
13/15
DND Identification Number:
«MOUDND_ID_»
«MFRC» MFRC
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.
14/15
DND Identification Number:
«MOUDND_ID_»
«MFRC» MFRC
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
R.B. Mann
Colonel
Director
Military Family Services
Canadian Forces Morale and Welfare
Services
Date
For the MFRC
(name)
Date
(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.)
For administrative purpose only:
I acknowledge that I have read this
MOU and understand its implications for
Base/Wing/ Station/Detachment/Unit
Commanding Officer Base/Wing/
Station/ Detachment/Unit
Date
15/15