Memorandum of Agreement

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The Memorandum of Agreement is the legal document that describe how the EUS can operate within McGill. It covers everything from the spaces we rent to the permitted publications, who can use the McGill name, and more. It is renewed every 5 years, most recently renewed in 2018; next negotiations will begin in 2023. If you have any questions regarding the MoA, feel free to contact the Board of Governors at board@mcgilleus.ca.

The document here is a transcribed version of the MoA, please navigate to the full version using the drive button.



MEMORANDUM OF AGREEMENT made and entered into at the City and District of Montréal, Province of Québec

BETWEEN McGILL UNIVERSITY, a university duly constituted by charter, having its principal office at 845 Sherbrooke Street West, in the City and District of Montréal, Province of Québec,
(hereinafter referred to as the "University")
AND THE ENGINEERING UNDERGRADUATE SOCIETY OF McGILL UNIVERSITY INC. / L'ASSOCIATION DES ÉTUDIANTS ET ÉTUDIANTES EN GÉNIE DE L'UNIVERSITÉ McGILL INC.) having its principal office at 3480 University Street in the City and District of Montréal, Province of Québec,
(hereinafter referred to as "the Association")

WHEREAS the University is committed to protecting the rights of the undergraduate student body as represented by the Association;

WHEREAS the University recognizes student groups as integral members of the University community;

WHEREAS the University and the Association are committed to preserving their positive relationship and in preserving the particular nature of the student associations, and in consequence, the present agreement is to be interpreted and acted on the basis of good faith;

WHEREAS a referendum of members of the Association approved the collection of fees for its operating expenses and the support of its activities;

WHEREAS on December 18, 2002, the Association was accredited under the Loi sur l’accréditation et le financement des associations d’élèves ou d’étudiants (L.R.Q. chapitre A-3.01) as l’Association des d’étudiants et étudiantes en génie de l’Université McGill de premier cycle (Engineering Undergraduate Society of McGill University);

WHEREAS the Association was incorporated on April 6, 1990 by Letters Patent issued pursuant to Part III of the Companies Act (Quebec) (L.R.Q., chapitre C-38) [ NEQ 1144071959 ]; and

WHEREAS the University and the Association entered into a memorandum of agreement for a term beginning on June 1, 2013 and ending on May 31, 2018, and now wish to enter into a new agreement in replacement of the previous agreement;

NOW THEREFORE, THE PRESENT AGREEMENT WITNESSES:

1. COLLECTION OF ASSOCIATION FEES

1.1. The University shall collect in each of the fall and winter sessions during the term of the present Agreement all fees from engineering students duly registered at the University, such fees (the "Association Fees") to be used by the Association for its operating expenses and the support of the Association. The current Association Fee Schedule appears as Appendix A hereto. The Association represents all undergraduate engineering students from the Faculty of Engineering, including undergraduate students from the School of Architecture.
1.2. The Association Fees shall be included in the total student fee assessed by the University in respect of students and all University regulations pertaining to the assessment and collection of fees shall apply thereto.
1.3. The Association Fees shall be distributed yearly as follows:
  • The first distribution of the Association Fees shall be paid to the Association on September 15 and shall reflect fee assessments from June 1 to August 31st.
  • The second distribution of the Association Fees shall be paid on November 15th and shall reflect the balance of the Fall Term assessments as at October 31st. There shall be no holdback of fees for either of these remittances.
  • The third distribution of the Association Fees shall be paid on February 15th and shall reflect the Winter Term fee assessments as at January 31st. An amount equal to 10% of the amount to be paid as the third distribution shall be held back by the University to account for changes in student registration occurring from February 1st to May 31st.
  • The final distribution of Association Fees shall be paid on June 15 and shall reflect the assessment as at May 31st, less the 1% fee for bad debt charges (in accordance with section 1.4), the Annual Administrative Fee (in accordance with section 1.4) and any other amounts owed to the University as at May 31st.
1.4. No charges shall be levied by the University for the collection of the Association Fees; however, the University shall be entitled to receive 1% of the total fees assessed in each term as relief for the collection of bad debts. At the request of the Association, the University shall provide the Association with information on the level of bad debt resulting from its members.
1.5. Upon prior written agreement of the parties, the Association Fees may be credited to an internal account of the University for the Exclusive Use of the Association.
1.6. No adjustments to the Association Fees shall be applied, collected or distributed by the University unless they are consistent with all University procedures and regulations pertaining to the assessment, collection and distribution of fees, and the Deputy Provost (Student Life and Learning) has confirmed in writing that the formalities required by the Association’s constitution for fee adjustments, by the University and by applicable law have been followed.
1.7. All requests for new fees or fee changes must be sent in writing to the Deputy Provost (Student Life and Learning) by April 1 for implementation in the Fall term and by November 20 for implementation in the Winter term.
As soon as possible, but no later than three (3) calendar weeks prior to the deadline for submission of a question for a referendum, the Association shall provide the Deputy Provost (Student Life and Learning) with a copy of the proposed question, and the Deputy Provost (Student Life and Learning) shall reply within one (1) calendar week of receipt of the referendum question. If the University has any concerns, the parties shall resolve the matter to their mutual satisfaction. In the event the University has continued concerns, the Association shall modify or withdraw the question.

2. ACCOUNTING SERVICES

2.1. The University shall provide certain accounting services to the Association for an Annual Administrative Fee in accordance with the schedule contained in Appendix B. This fee is subject to an annual review by the University. The services to be provided on Minerva will include the following:
2.1.1. Monthly trust fund statements indicating fee revenues, distributions and expenses resulting in year to date totals.
2.1.2. Provision of regular lists on the Association's membership on a scheduled basis; weekly in August/September and monthly the remaining months.
The Association shall request security access at the beginning of their mandate to access Minerva reports. The President of the Association must authorize all requests for access, and should the President require access, then two vice-presidents of the Association must authorize his/her request. Security authorization to Minerva reports shall terminate each year on June 15th. Employees of the Association who have been given access may keep their access upon confirmation by the current year’s President.
2.2. Should the Association require any other lists, data sets or any other type of information on their membership or its trust fund statements not already provided for in article 2.1 above or elsewhere in this Memorandum of Agreement, the University shall give effect to the request to the extent allowed by law and subject to the payment of an appropriate fee, and upon reasonable prior notice of at least three (3) calendar weeks sent to the Director, Student Accounts Office. This fee will be identified prior to fulfilling the request. The University is subject to the provisions of the Québec Act Respecting Access to Documents held by Public Bodies and the Protection of Personal Information and therefore reserves the right to refuse to give effect to a request.
2.3. Notwithstanding article 2.1, should any programming changes be required to be performed by the University's Network Communications Services (“NCS”) at the request of the Association, the University reserves the right to charge the Association the established hourly rate for the work to be performed.
2.4. The University will not draw any funds from the account maintained by the University for the use of the Association or from the fees collected by the University for the Association without the Association's prior written approval, unless exercised as a remedy pursuant to article 8.1 hereto.

3. LOANS AND GRANTS

The Association may apply to the University from time to time for loans and grants in aid of activities or projects, the granting of which shall be in the sole discretion of the University.

4. INSURANCE

4.1. The Association shall ensure that its officers and employees are covered under the terms of an Employee Dishonesty Policy with a reputable licensed insurer, to maintain such policy in force at all times during the term of the present Agreement and to provide the University each year with a copy of such policy.
4.2. The Association shall be solely responsible for obtaining appropriate insurance necessary to conduct its activities, including and without limitation, comprehensive general liability insurance including but not limited to libel, slander, defamation of character, loss of property damages and personal damages, and shall name the University as Additional Insured.
4.3. The Association shall provide evidence of coverage upon execution of the Agreement and annually thereafterto the McGill Risk Management and Insurance Office. Evidence shall take the form of true copies of the relevant insurance policy or renewal certificate, as the case may be.
4.4. The Association shall hold harmless the University, its officers, employees and agents of and from any and all suits, claims or demands, and reasonable costs and expenses that may arise by reason of the operation of activities of the Association, or any act, neglect, omission of the Association, its directors, officers, employees, agents or persons engaged or retained by it.

5. MAINTENANCE AND AUDITING OF ACCOUNTS

5.1. All financial records, books and accounts of the Association shall be maintained in accordance with generally accepted accounting principles consistently applied.
5.2. The Association shall provide the Deputy-Provost (Student Life and Learning) with a copy of its annual audited financial statements within 120 calendar days of each financial year end. The Association’s financial year end is April 30.
5.3. Upon reasonable notice from the University, and upon reasonable cause, the Association shall make available for audit at no cost to the Association all documents relating to:
a) current contracts and expenditures;
b) projected contracts and expenditures; and
c) books, records and accounts.
5.4. The Association shall engage the services of a reputable auditing firm or chartered accountant in good standing with the Order of Chartered Accountants of Québec to prepare the Association’s annual financial statement. The Association shall advise the University of the name of the auditing firm or chartered accountant. In the event the University does not find that firm or the chartered accountant acceptable, the Association shall appoint another firm or chartered accountant acceptable to the University.

6. USE OF THE MCGILL NAME OR EMBLEM

6.1. The Association recognizes that the University is the owner of the intellectual property in the word "McGill" and the McGill trademarks which are duly protected by the Trademarks Act.
6.2. On a nonexclusive basis and solely in connection with its activities related to its role as a student association, and in accordance with this Agreement, the University hereby grants the Association the right to use the word "McGill" in its name "THE ENGINEERING UNDERGRADUATE SOCIETY OF McGILL UNIVERSITY INC. / L'ASSOCIATION DES ÉTUDIANTS ET ÉTUDIANTES EN GÉNIE DE L'UNIVERSITÉ McGILL INC". The present grant is not assignable.
6.3. The Association's name or logo shall be distinct from that of the University’s in such a way that it does not cause confusion between the University and the Association. A copy of the Association’s approved logo and trademark appears in Appendix C.
6.4. The University recognizes that the EUS is the owner of the intellectual property of its name and trademarks, which are duly protected by the trademarks act so long as they conform with the representations of articles 6.2 and 6.3 of the present agreement.
6.5. The Association shall consult with the University, with sufficient time, before altering its logo or trademark;
6.6. On a non-assignable and non-exclusive basis, for the term of this Agreement and in accordance with its conditions, the University hereby grants approval of the names of the Association’s groups, clubs or services (“the Groups”) permission to use “McGill” in their names under the following conditions:
(i) Each of the Groups shall identify themselves, in all their representations, as a group of the Association using the form
A [e.g. club, service, activity] of the EUS (Engineering Students’ Society)” an undergraduate students’ association at McGill University”
Or
“Operated by the EUS (Engineering Students’ Society), an undergraduate students’ association at McGill University.”
(ii) Groups wishing to use the McGill name shall register the name and a description of the Group’s activities with the Office of Student Life and Learning using the provided web form found on the Student Associations section of the McGill Student Life and Learning website.
(iii) Groups wishing to use the McGill name shall do so under the understanding that they must comply with all McGill applicable policies and procedures, including the Code of Student Conduct, and will endeavor to not bring the McGill name into disrepute.
(iv) The Association or the Clubs shall not use of the name "McGill” in relation to any sport or team, except where permission is granted in writing by the Deputy Provost (Student Life and Learning).
(v) McGill reserves the right to withdraw such permission to use the McGill name at any time and for whatever reason, subject to notice and discussion with the Association.
(vi) Groups shall not form a corporation using the McGill name
(vii) The conditions set out for the use of the “McGill” name do not extend to the use of the McGill logo.
6.7 Neither the Association, nor any of the Groups, shall use the name of the University for any other purpose than those contemplated in this agreement without the prior written consent of the Deputy Provost (Student Life and Learning).
6.8 The Association shall provide a list of all the Groups upon the request of the University at any time to monitor compliance with this Agreement.
6.9 For all Groups, and for all their activities, services, offerings, advertisements and websites, the Association shall respect the rights of the University as owner of the trade name "McGill".
6.10 For event-specific permission to use the name, or trademarks of the University, outside of the terms of this Agreement, the Association shall obtain express prior written consent from the Deputy-Provost (Student Life and Learning). Permission shall be granted at the University’s discretion and, where granted, is time-limited and not assignable. McGill reserves the right to withdraw such permission at any time and for whatever reason.
6.11 Only one email address for each club, group or service may be requested and shall take the form: [initials].eus@mail.mcgill.ca]
6.12 The Association shall ensure that all Clubs are made aware of the conditions for the use of the McGill name or trademark, as outlined in this Agreement and the Association correct any misuse within two (2) weeks from the Association becoming made aware of the misuse.

7. CONTRACTS AND LEGAL PROCEEDINGS

7.1. Any acts, contracts, and legal proceedings involving either party shall be the exclusive responsibility of that party.
7.2. Neither party shall enter into nor execute any cheques, contracts, documents, instruments, receipts, leases or other agreements in the name of the other party or in any way engage the liability of the other party thereon by any other means.
7.3. The Association shall not solicit or receive any gift, grant or bequest in the name of the University without the prior written consent of the University.
7.4. Should any legal proceedings or claims be taken or made against one party as a result of an act of the other, the said legal proceeding or claims shall be immediately referred to the other party, which shall deal with it in a timely manner and at its own expense. Any costs or expenses incurred by the party for such legal proceedings or claim including, inter alia, any legal fees, condemnation, order, settlement, interest, judicial and extra judicial fees and costs, shall be entirely at the charge of the other party.
7.5. Either party shall have the option of engaging its own legal counsel to intervene in any legal proceedings in respect of the other party where its interests are involved. In such a case, all expenses, extra judicial fees and disbursements shall be borne exclusively by the party which has invoked this option.

8. RIGHT TO SET OFF

8.1. Should the University, following due notice to the Association, be required to pay any of the charges, costs, expenses, debts and claims which are by these presents to be borne exclusively by the Association, or should the Association be in any way indebted to the University, the University is authorized to collect or set off the said amount against the funds paid or payable to the Association hereunder.
8.2. In accordance with the present Agreement:
a) The University must provide the Association with a written notice of the charges, costs, expenses, debts and claims providing complete details and documents relating thereto.
b) The Association shall have thirty (30) working days (or 60 calendar days between period May 1st and August 31st) after the receipt of such notice in which to resolve and/or remedy the matter.
c) The University shall exercise its best effort to inform the Association as soon as possible within the same budget year (defined as the period June 1st to May 31st) of any charges, costs, expenses, debts and claims on the part of the Association under this clause.

9. LIQUOR PERMITS

The Association shall apply for and maintain in its name necessary liquor permits for any event, it and any of its clubs or groups, may hold from time to time for its own purposes.
9.1 The Association recognizes and reaffirms its commitment to respect article 39 of the Québec Act Respecting Liquor Permits (chapter P-9.1) that specifies the Association may only hold reunion class liquor permits, as defined in article 33 of the Québec Act Respecting Liquor Permits (chapter P-9.1), for events held within university buildings or anywhere on University property. The hosting of such events is subject to prior express approval of the University and to such other conditions as set by the University from time to time.
9.2 The Association shall exercise its permits in accordance with all laws, municipal and government regulations and well as all internal requirements and policies of the University and appropriate standards of conduct, that include, but are not limited to, those relating to:
(a) hosting on campus events only in approved University locations;
(b) advertising these campus events, and the cost of alcohol, in accordance with the law;
(c) purchasing, storing (as applicable) and serving the alcoholic beverages at these events in accordance with the law;
(d) adhering to all requirements with respect to building, fire, security and room capacity, and other legal requirements and University regulations as well as appropriate standards of conduct.
For greater clarity, the Association:
i. may not extend the Association’s reunion permits granted for events within the Association designated premises to events occurring in other University buildings or on other University premises;
ii. may not serve beer from kegs;
iii. may not serve beer and other alcoholic beverages in cans or bottles but in plastic cups; and
iv. shall comply with such other conditions as set by the University from time to time.
9.3 The Association shall ensure that the events hosted by the Association include activities that allow members to socialize without requiring the purchase or consumption of alcohol for participation in the activity or event.
9.4 The Association shall hold harmless the University for any and all claims, fees or fines arising from its exercise or omission to exercise its rights and duties under such permits and as host of these events.

10. REPRESENTATIONS OF THE ASSOCIATION

10.1 The Association represents warrants and covenants that:
10.1.1 the charter documents, constitution and by-laws of the Association consist entirely of the documents remitted to the University concurrently with the execution of the present Agreement and which appear as Appendix C. The Constitution and By-laws of the Corporation are provided for reference purposes. The parties agree that no clause in the Constitution or By-laws shall modify or supersede this Agreement.
10.1.2 a referendum of the Association members has been duly held in accordance with its constitution approving the existing Association Fees and such referendum continues to bind the Association and its members;
10.1.3 it has amended its policies and procedures to provide for conflict of interest provisions respecting the hiring of employees, contracts with related parties and the administration of its affairs;
10.1.4 it is and shall maintain its status as a corporation under Part III of the Quebec Companies Act whose membership is limited to regularly registered undergraduate engineering students, including those students registered in the School of Architecture;
10.1.5 undergraduate students registered at the University are entitled to membership but no member may act as Director or Officer of the Association while subject to any disciplinary measure under the Handbook of Students Rights and Responsibilities that has the effect of removing the student status.
10.2 For greater clarity, the Association shall provide the Deputy Provost (Student Life and Learning) annually with:
i. a copy of the Association's annual Declaration of Incorporation as proof that the Association has maintained its incorporated status;
ii. a copy of the Association’s annual audited Financial Statements prepared in accordance with Article 5 herein;
iii. a copy of the annual Certificate of Insurance obtained in accordance with Article 4 herein;
iv. any changes to the documents remitted to the University concurrently with the execution of the present Agreement, within 30 days of the change.

11. EVENT OF DEFAULT

11.1 Each of the following shall be considered an event of default:
11.1.1 when either the Association or the University breaches a term or condition of the present agreement or of any other agreement between the Association and the University;
11.1.2 when the Association violates its charter, constitution or by-laws, or any duly approved regulations, rules or policies of the University some of which appear at www.mcgill.ca and in particular those in the University Administrative Handbook located at http://www.mcgill.ca/adminhandbook/
11.1.3 when an audit reveals irregularities in the management or administration of the books, financial records, accounts or corporate affairs of the Association;
11.1.4 when, in the course of or subsequent to an audit, the Association’s auditor reports on material fraud, error or misstatement of the books or financial records of the Association;
11.1.5 when the Association ceases to operate, dissolves, modifies its status, makes any general assignment for the benefit of the creditors, takes the benefit of any insolvency or bankruptcy act or if a receiver or trustee be appointed for the property of the Association or any part thereof.
11.2 In the event of default, either party shall be entitled to written notice of default and upon receipt of such notice, shall have 30 working days (or 60 calendar days between the period May 1st and August 31st) within which to remedy such default.
11.3 In the event of a dispute over the existence of a default, either party shall be entitled to submit the dispute to arbitration by giving the other party written notice no later than 90 calendar days from the date of the notice referred to in Section 11.2. Such notice shall suspend the delay granted to remedy the default referred to in Section 11.2.
11.4 Submission to arbitration shall be made in accordance with the provisions of the Québec Code of Civil Procedures (Sections 940 and following) to one arbitrator chosen by the parties. The fees and expenses of the arbitrator shall be shared equally between the parties.
11.5 The parties agree that it is in their best interest to resolve any dispute amicably. The parties agree to engage in an open and respectful dialogue between the Deputy Provost (Student Life and Learning) and the President of the Association with the aim of arriving at an amicable resolution of the dispute.

12. REMEDIES

12.1 Upon the confirmation of the occurrence of a default by either party, in accordance with section 11, the present Agreement may be resiliated forthwith upon written notice to the defaulting party.
12.2 Upon the confirmation of the occurrence of an event of default by the Association, in accordance with section 11, the parties agree that funds assessed by the University for the Association shall be allocated to an interim trust fund ("Trust Fund") in the name of the Association. The Trust Fund shall be administered by the University and overseen by a committee of five (5) individuals comprising of two University representatives, two Association representatives and chaired by a person selected by agreement of the parties. The Committee shall oversee the administration of the Trust Fund until such time as the Association has been restructured and reinstated, or the default corrected.
12.3 It is expressly agreed that such resiliation shall be in addition and without prejudice to all other rights as provided by law or herein.
12.4 Any condition of default shall be subject to a prescription period as determined by law.

13. STUDENT PUBLICATIONS

13.1 The University recognizes that the Association's role as a representative body of engineering undergraduate students may necessitate the publication of newspapers, newsletters and periodicals directed toward its members (“Publications”).
The Association publishes three (3) newsletters sent to its members entitled:
- The EUS Pipeline: weekly, electronically
- The Plumber’s Faucet: bi-weekly, electronically and in paper
- The Plumber’s Ledger: bi-weekly, electronically and in paper
13.2 For each Publication, whether in print or in electronic form, the following shall apply:
13.2.1 The Association shall display on the title page of the Publication, the Association’s name and approved logo, as applicable, with the following notice appearing immediately below the Publication’s name.
“Published by the Engineering Undergraduate Society of McGill University”
13.2.2 The Publication shall also contain the following notice , on the second page or back cover page in at least 9-point font, and on the Publication’s website:
“Published by THE ENGINEERING UNDERGRADUATE SOCIETY a student society of McGill University. The content of this publication is the sole responsibility of THE ENGINEERING UNDERGRADUATE SOCIETY and does not necessarily represent the views of McGill University.”
13.2.3 The Publications may not display the McGill name, crest or logo in its masthead or integrated in any way with the name or logo of the Publication.
13.3 The parties recognise that the editorial, reporting and advertising content of the Publication is the sole and exclusive responsibility of the Association. For greater certainty, the parties acknowledge that the University shall not be responsible or liable for the editorial, reporting or advertising content of the Publications.
The Association may distribute the Publication to the list of Approved Campus Locations appears in Appendix D.
13.4 Notwithstanding the generality of the foregoing, the permission granted to the Association under this Agreement does not extend to the distribution of commercial flyers and advertisements for third parties, either placed loosely within the Publication or distributed with the Publication (whether or not placed on the newsstands), which is strictly prohibited.
13.5 It is understood that subject to the provisions in this Agreement, the Association is permitted to produce and distribute to its members at no cost, Association brochures and agendas.

14. BUSINESS ACTIVITIES

The following are the general principles governing the business activities of the Association: }}

14.1 The Association is permitted to engage in the revenue-generating activities on the University premises as listed in Appendix E.
14.2 The Association must receive the University’s prior written approval for changes in the use of University space for revenue-generating activities as listed in Appendix E.
14.3 The Association must have the University's prior written agreement in signing any contracts or agreements with external parties, for Association's business purposes that lead to the use of University space and/or facilities by such external parties unless the external party is wholly owned and controlled by the Association.
14.4 When University space and/or facilities are used for business activities, the University must be reimbursed appropriately for the costs associated with the use of such space and/or facilities; these may include but not be limited to the payment of electricity, janitorial and maintenance charges. The University shall provide the Association details and documents of such charges, upon request.
14.5 Any University space or facilities used for business activities may be subject to a lease arrangement which may include the payment of rent.
14.6 The University and the Association will undertake to discuss contracts or agreements with external third parties regarding certain business activities which may lead to the recovery of costs for the University as well as generate sufficient income to the benefit of both the University and the Association.
{{hanging indent|text=14.7 All costs, taxes and fees associated with the use of the space and/or facilities by the Association that may become due is the responsibility of the Association.

15. LOCATION

15.1 In accordance with its status as a student association, the University shall provide the Association with a room at no charge which shall constitute an office from which to conduct its activities. The location of this room shall be on or around the Montreal campus of the University, and when reasonably possible within the buildings housing the Faculty of Engineering, and shall constitute the Association's principal premises.
15.2 The University further grants to the Association the use of the University space and/or facilities which appears in Appendix F at no charge for the term of this Agreement and for the stated purpose. No change may be made to the use of the space and/or facilities without the express prior approval of the Deputy Provost (Student Life and Learning).
15.3 Any request for additional space shall be made to the Deputy Provost (Student Life and Learning) and shall be subject to availability and may be evidenced by a separate lease agreement between the parties. All such space shall be confirmed in writing by the Deputy Provost (Student Life and Learning), whose confirmation shall constitute an amendment to this Agreement.
15.4 The University reserves the right to bill the Association for any extraordinary cleaning or repair necessitated as a result of an Association-sponsored activity in University premises listed in either Appendix E or F.
15.5 The Association shall use the space exclusively by the Association and only for the stated purposes. It may not be used or rented out to others.
15.6 All costs, taxes and fees associated with the use of the space and/or facilities that may become due is the responsibility of the Association

16. TELEPHONE, E-MAIL AND MAIL SYSTEMS

As long as the Association is located in a University building, the Association shall beentitled:
16.1 to purchase telephone services from the University, including the "398" exchange number, long distance services, internal switching and University directory listings. No equipment other than that provided by McGill Network and Communications services may be attached to lines provided by McGill;
16.2 to purchase backbone connectivity and Internet access for their computers. This does not include a right to web casting. This may be subject to a separate agreement;
16.3 to use the University's e-mail system subject to the Association, its employees, officers and volunteers respecting University policies, including but not limited to, the Policy on Responsible Use of McGill Information Technology Resources.
16.4 use the University's mailing system, including internal delivery. The Association shall pay for all costs associated with the use, including but not limited to, the cost of external mail sent through the University mailing system.
16.5 Subject to the conditions set out in Articles 7 and 14, the University grants the Association the right to use “McGill” within its domain name http://www.mcgilleus.ca within the Associations’ own independent interactive website.
16.6. The Association shall pay for all costs associated with the integration and the use of these systems, as well as wireless internet service, as set from time to time.
16.7. Integration in these University systems is a privilege, which may be revoked, should the University reasonably believe that the Association has used any system in a manner contravening McGill’s policy. The University shall provide the Association with such reasonable notice, as deemed to be appropriate, prior to revoking any of these systems.

17. STAFF STATUS

All staff hired by the Association shall have exclusive Association employment status. The working conditions, including payroll, of the Associations staff shall be determined solely by the Association.

18. TERM AND REVIEW

The term of the present agreement is five (5) years beginning on June 1st, 2018 and ending on May 31st, 2023. Twelve (12) months prior to the expiration of the term, the parties shall review in good faith the terms and conditions with a view to renew on a mutually agreeable basis. In the event the parties are unable to agree on the terms of renewal, the terms of the present agreement shall be extended for maximum of nine months.

19. NOTICE

Any notice to be given by the present Agreement shall be given to the University at its above-mentioned address to the attention of the Deputy Provost (Student Life and Learning), and to the Association to the attention of its President or any available officer should the President not be available.

20. ENTIRE AGREEMENT

This present Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes and replaces all prior agreements, undertakings, negotiations and discussions of the parties.

21. LANGUAGE

The parties to the present Agreement have requested that the present Agreement and all documents and notices related therewith be drafted in the English language. Les parties à la présente ont demandé que la présente convention et tout document ou avis y afférent soit rédigés dans la langue anglaise.

Appendices

APPENDIX A

Association Fee Schedule in accordance with Article 1 of this Agreement
EUS Fees Description Fee Comments
EUGS Engineering Undergraduate Society fees $27 Full-time; $17 part-time No end date
EUCC Engineering Career Centre $50 all students Renewable in Winter 2018
EUDT Engineering Design Team Fund $9 Full-time; $4.50 part-time Opt-outable, renewable in Fall 2022
EUSI Engineering Student space improvement fee $15 Full-time; $7.50 part-time Opt outable, renewable in Fall 2024
EUGC Engineers without Borders Charity Fee $2 all students Opt-outable renewable in Fall 2022
EUSF Engineering Undergraduate Support Fund
Fees assessed to EUS students but distributed to a University FOAPAL
(fee is renewable by student fee referendum)
$35 Full-time; $17.50 part-time Renewable in Winter 2019
EUGE Engineering Equipment Fund $50 Full-time; $25 part-time Renewable in Fall 2020
full-time: 9 credits and over
part-time: less than 9 credits

APPENDIX B

Annual Administrative Fee Schedule
in accordance with Article 2 of this Agreement


Administrative Fee

Amount of Association Fees Collected 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023
$0- $99,999 $530 $546 $563 $580 $597
$100,000- 149999 $796 $820 $844 $869 $895
$150,000- 199999 $1,061 $1,093 $1,126 $1,160 $1,195
$200,000- 249999 $1,326 $1,366 $1,407 $1,449 $1,493
$250,000 or more $1,857 $1,912 $1,970 $2,029 $2,090

APPENDIX C

Charter documents, Constitution and By-laws of the Association
in accordance with Article 10 of this Agreement
Includes:
i. Constitution and By-laws
ii. Copy of the Accreditation Certificate
iii. Copy of the Annual Declaration of Incorporation
iv. Copy of the Insurance Certificate
v. Copy of the Audited Financial Statements

APPENDIX D

List of On-Campus and of Off-Campus Locations for Distribution of Publications
in accordance with Article 13 of this Agreement
The Associations distributes in paper form the following Publications
- The Plumber’s Faucet
- The Plumber’s Ledger
A copy of the title page with the approved mastheads for each Publication appears attached.

A. On Campus Distribution

The Publications may be distributed in specified locations on the Montreal campus in the following buildings:
McConnell Engineering Ground Floor
Macdonald Engineering Ground Floor
Wong Building Ground Floor
Trottier Building Ground Floor
Macdonald-Harrington Bldg. Ground Floor
Frank Dawson Adams Bldg. Ground Floor
Bronfman Bldg. Ground Floor
Arts Bldg. Ground Floor
Leacock Bldg. Ground Floor
Burnside Hall Ground Floor
McLennan Library Ground Floor

APPENDIX E

University space and/or facilities granted to the Association
in accordance with Article 14
In accordance with article 14, the following space is granted to the Association for revenue-generating activities in the McConnell Engineering Bldg:
Rooms 2, 2A for the EUS General Store (268.2 sqft)
Room 6 for Copi EUS (560.2 sqft)
Room 1A for Frostbite (165.1 sqft)
A. The revenue-generating activities shall respect any University-wide agreements. The Association may not sell computers or computer supplies, new books, beer, wine or liquor.
B. Revenue generating activities will respect applicable laws and health codes, and as a matter of principle should not directly compete with University food providers housed in the same building,
C. The Association may not contract for the management of these activities to a third party (including any other student association) without the prior express consent of the University unless the third party is wholly owned and controlled by the Association;
D. The Association shall not enter into any contracts related to the activities whose term is longer than the term of this present Agreement;
E. The Association must receive the University’s prior written approval for changes in the use of University space for these revenue-generating activities; which shall not be unreasonably withheld.
F. The Association shall conform to
i) all federal and provincial laws and regulations.
ii) municipal rules and regulations,
iii) its charter documents, by-laws and constitution, and
iv) all applicable university regulations and policies which apply to the use of the buildings;
F. The Association shall undertake no alternation to the premises without the express consent of the University and shall affix no new signs;
G. All costs related to, or any municipal fees or taxes that become due as a result of the operation of the revenue generating activities shall be the sole responsibility of the Association.
I. Any additional space allocated to the Association is granted at the discretion of the University on a year-to-year basis. Such space may be re-allocated by the University at any time and at its entire discretion. Permission to use the space in any subsequent year may not be assumed. The University shall provide the Association notice of non-renewal in writing no later than March 1st, thereby ensuring that the Association shall receive at least three (3) months prior notice of non-renewal. The Association shall assume all costs related to the move of their club from the space.

The Association shall pay the following for the use of space for revenue generating activities:

Year Sq.Ft. Rate Total Amount
2018-2019 993.5 $16.48/sq.ft $16,372.88
2019-2020 993.5 $16.97/sq.ft $16,859.70
2020-2021 993.5 $17.48/sq.ft $17,366.38
2021-2022 993.5 $18.00/sq.ft $17,833.00
2022-2023 993.5 $18.55/sq.ft $18,429.43

APPENDIX F

University space and/or facilities granted to the
Association in accordance with Article 15
A. In accordance with article 15.1, the University grants the Association the following rooms at no charge. The rooms shall constitute an office from which to conduct its activities and shall constitute the Association's principal premises.
Rooms 7, 7A, 7B, 7C of McConnell Engineering Bldg.
In accordance with article 15.2, the University further grants to the Association the use of the following University space and/or facilities in the McConnell Engineering Building at no charge for the term of this Agreement and for the stated purpose:
Room 5 - Infoys
Room 8 - Committee Room
Room 9 - Info System
Room 021, 023 - Clubs Hub/McGill Engineering Design Network (MEDN)
Room 026, 028 - Sports/Dark Room
Rooms 029, 030, 031, 032, 032A- Common/Council Rooms
B. Any additional space allocated to the Association is granted at the discretion of the University on a year-to-year basis. Such space may be re-allocated by the University at any time and at its entire discretion. Permission to use the space in any subsequent year may not be assumed. The University shall provide the Association notice of non-renewal in writing no later than March 1st, thereby ensuring that the Association shall receive at least three (3) months prior notice of non-renewal. The Association shall assume all costs related to the move of their club from the space.
C. The Association must receive the University’s prior written approval from the Deputy Provost (Student Life and Learning) for any changes in the use of University space and/or facilities.
D. The University must give reasonable notice of any renovations or changes that would prevent the Association’s use of University space and/or facilities noted in Appendix F.
E. The Association shall use the designated premises exclusively by the Association and only for the stated purposes, and the premises may not be used or rented out.
F. All costs related to, or any municipal fees or taxes that become due as a result of the operation of the Association’s activities shall be the sole responsibility of the Association.