Loading...
HomeMy WebLinkAbout06 316 Renewal of Agreement with Friends of Pavillion . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2006 - 316 BEING A BY-LAW TO AUTHORIZE THE RENEWAL OF AN AGREEMENT WITH FRIENDS OF THE PAVILION/ARCHITECTURAL CONSERVANCY OF ONTARIO FOR THE RENOVATION OF THE KINCARDINE PAVILION (156 Durham Street) AND TO ENTER INTO AN AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF AGRICULTURE, FOOD AND RURAL AFFAIRS FOR A RURAL ECONOMIC DEVELOPMENT GRANT WHEREAS Section 107 (1) and (2) (c) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to make grants, on such terms as to security and otherwise as the Council considers appropriate, to any person, group or body for any purpose that Council considers to be in the interests of the municipality and the power to make a grant includes the power to provide for the use by any person of land owned or occupied by the municipality upon such terms as may be fixed by Council; AND WHEREAS pursuant to the said Municipal Act, Sections 8 and 9 (1) provide municipalities with the powers of a natural person to enable them to govern their affairs as they consider appropriate under this or any other Act and to enhance their ability to respond to municipal issues; AND WHEREAS The Municipality of Kincardine is the owner of the Kincardine Pavilion, located on property known municipally as 156 Durham St., in the Municipality of Kincardine. AND WHEREAS the Council for the Municipality of Kincardine entered into an agreement with the Friends of the Pavilion/Architectural Conservancy of Ontario (ACO) with the passage of By-law No. 2005 - 193 to allow the Friends of the Pavilion/ACO to renovate the Kincardine Pavilion; AND WHEREAS the Council for The Corporation of the Municipality of Kincardine deems it advisable to renew the agreement with the Friends of the Pavilion/ACO to allow the completion of the final renovation stage of the Pavilion; AND WHEREAS the Friends of the Pavilion/ACO - South Bruce Grey Branch applied to the Ministry of Agriculture, Food and Rural Affairs for funding to complete the roof, including related wall and trusses supports at the Kincardine Pavilion; AND WHEREAS the Ministry of Agriculture, Food and Rural Affairs has approved funding to the Friends of the Pavilion/ACO for this project under the Rural Economic Development Program; . . ./2 . . . . Page 2 Pavilion Renovation Renewal Agreement By-law By-law No. 2006 - 316 NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine renew an agreement with the Friends of the Pavilion/Architectural Conservancy of Ontario for the final renovation stage of the Pavilion. 2. That The Corporation of the Municipality of Kincardine enter into an agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of Agriculture, Food and Rural Affairs for a grant under the Rural Economic Development Program to complete the roof and other work at the Kincardine Pavilion. 3. That the Mayor and CAO be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine, the Renewal Agreement with the Friends of the Pavilion/Architectural Conservancy of Ontario, attached hereto as Schedule "A". 4. That the Mayor and CAO be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine, the agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of Agriculture, Food and Rural Affairs, attached hereto as Schedule "B". 5. This By-law shall come into full force and effect upon receipt by the Municipality of Kincardine of duly signed copies of an agreement with the Friends of the Pavilion/Architectural Conservancy of Ontario and Her Majesty the Queen in Right of Ontario as represented by the Minister of Agriculture, Food and Rural Affairs. 6. This By-law may be cited as the "Pavilion Renovation Renewal Agreement By-law" . READ a FIRST, SECOND, and THIRD time and FINALLY PASSED this 20th day of December, 2006. ~~~ . lerk RURAL ECONOMIC DEVELOPMENT PROGRAM Ministry File No.: 4536 AGREEMENT THIS AGREEMENT made as of the day of ,2006 BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Agriculture, Food and Rural Affairs (the "Ministry") - and - Friends of the Pavilion~ Architectural Conservancy of Ontario - South Bruce Grey Branch The Corporation of the Municipality of Kincardine Architectural Conservancy of Ontario, South Bruce Grey Branch WHEREAS the Ministry has established the Rural Economic Development Program to address barriers to economic growth, and ensure that Ontario's small town and rural communities remain viable, healthy and vibrant places in which to live, work and invest; AND WHEREAS the Recipients have applied to the Ministry for funding to complete the roof, including related wall and trusses supports of the Kincardine Pavilion; AND WHEREAS it is the desire of the Ministry to fund the Recipients for the purpose of removing barriers to economic development in rural Ontario; NOW THEREFORE in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby expressly acknowledged, the parties hereto agree as follows: 1.0 Definitions 1.1 In this Agreement the following words shall have the following meanings: (a) "Agreement" means this Agreement entered into between the Ministry and the Recipients and all schedules and attachments to this Agreement and any \,. instrument amending this Agreement; . 1 AURAL ECONOMIC DEVELOPMENT PROGRAM Minlsby File No.: 4536 (b) "Completion Date" means March 31, 2007; (c) "Eligible Cost" means those expenditures incurred after September 6,2006 and prior to the Completion Date related directly to the Project and identified as Eligible Costs in the Milestone Schedule attached as Schedule liB"; (d) "Fiscal Year" means the period beginning on April 1st of a year and ending on March 31 st of the following year; (e) "Grant Fund(s)(ing)" means the grant funds provided to the Recipients by the Ministry pursuant to this Agreement as a proportionate share of the total Eligible Costs; (f) "Project" means the Project described in Schedule "A"; (g) "Project Anniversary Date" is the date in each successive year during the term of the Agreement which falls upon the conclusion of each 12 month interval following the date of the commencement of the project. 2.0 Term of the Agreement 2.1 The Agreement shall commence on September 6, 2006 and shall expire on March 31,2008 unless terminated earlier pursuant to either section 17.0 or 18.0 of this Agreement. 3.0 Grant Funding 3.1 The Ministry shall provide up to $47,000 to the Recipients for the purpose of completing the Project. 3.2 The Ministry shall provide the Grant Funds to the Recipients in the proportion of 46.54% (Forty Six point Five Four percent) of the total Eligible Costs as described in the Milestone Schedule attached as Schedule "B". 3.3 Subject to section 6.3, the Ministry shall disburse the Grant Funds upon receipt and approval by the Ministry of the Milestone Submission attached as Schedule "C", including original invoices and proofs of payment. 3.4 Despite sections 3.1 and 3.2, the Ministry, in its sole discretion, may adjust the amount of Grant Funding to be provided to the Recipients in any Fiscal Year during which the Agreement is in effect based upon the Ministry's assessment of the current year's Financial Statement provided to the Ministry pursuant to section 7.1. 3.5 Despite sections 3.1 and 3.2, the Ministry shall not provide any Grant Funds to the Recipients until the insurance requirements described in section 14.0 have been met. 2 RURAL ECONOMIC DEVELOPMENT PROGRAM Ministry File No.: 4536 4.0 Project 4.1 The Recipients shall be responsible to ensure that the undertaking, implementation and completion of the Project is substantially in accordance with the description of the Project attached as Schedule "A" and the Milestone Schedule attached as Schedule "B". 4.2 The Recipients shall not make any changes to the Project without the prior written consent of the Ministry. 4.3 The Recipients shall carry out the Project in accordance with the time lines provided in the Milestone Schedule attached as Schedule "8" and shall complete the Project by March 31 , 2007. 5.0 Funding Payment 5.1 The Recipients shall only seek reimbursement for actual expenses paid for the purpose of completing the Project in accordance with the eligible costs identified in the Milestone Schedule attached as Schedule "8". 5.2 The Recipients shall not make any changes to projected eligible expenses identified in Schedule "A" without the prior written consent of the Ministry. 5.3 Where the actual expenses paid by the Recipients are lower than the projected eligible expenses identified in Schedule "A", the Recipients shall notify the Ministry and the Ministry may, in its sole discretion, adjust the Grant Funding. 5.4 The Recipients shall immediately notify the Ministry if they do not intend to carry out the Project in whole or in part as specified in Schedule "A" in which case the Ministry may, in its sole discretion, adjust the Grant Funding. 6.0 Payment Terms 6.1 The Ministry shall reimburse the Grant Funds to the Recipients in the proportion of 46.54 % (Forty Six point Five Four percent) of the total Eligible Costs as described in the Milestone Schedule attached as Schedule "B" and in accordance with the conditions referred to in subsection 6.2. 6.2 In order for a cost or expense to be eligible for Grant Funding pursuant to this Agreement, (a) the cost or expense must, (i) be reasonable; (ii) be directly related to the components of the Project as described in Schedule "A"; 3 RURAL ECONOMIC DEVELOPMENT PROGRAM Ministry File No.: 4536 ' (iii) be specifically identified as an Eligible Cost for the Project as set out in the Milestone Schedule attached as Schedule "B"; (iv) have been incurred after September 6, 2006 and no later than March 31,2007; and (v) be an actual cash outlay to third parties acting at arm's length that can be documented through original invoices or proofs of payment; (b) a completed Milestone Submission attached as Schedule "e" must be submitted to the Ministry; and (c) all evidence (such as invoices, receipts, etc.) of payment related to Eligible Costs and such supporting documentation must be submitted to the Ministry. 6.3 The Ministry may hold back an amount not exceeding 10% (ten percent) of the Milestone Statement submitted and approved pending the completion of the Project by the Recipients to the satisfaction of the Ministry. . 6.4 The Ministry may, in its sole discretion, withhold payments of future Grant Funding if the Ministry, acting reasonably, is not satisfied that there is adequate evidence of progress being made to achieve the Milestones, if there has been an breach listed under section 18.1 (b)(c) or (d), or if the Recipients have incurred a cost overrun for the Project and have not arranged additional financing to pay for such cost. 7.0 Reports 7.1 During the term of the Agreement, the Recipients shall submit the reports described in subsections 7.2,7.3,7.4 and 7.5 to the Ministry. 7.2 On the dates provided for in the Milestone Schedule attached as Schedule "8", the Recipients shall submit the Milestone Submission as shown in Schedule "C" in a form satisfactory to the Ministry which includes a detailed description of the Project and the results achieved to the date of the Submission. 7.3 Within 60 days of each Project Anniversary Date, a Financial Declaration in the form shown in Schedule "E" must be submitted to the Ministry which shall: (a) be prepared by a qualified person showing Eligible Costs incurred and paid by the Recipient during the previous year with verification of the sources of the funding that paid for such Eligible Costs; (b) show details of any variance from the Project, the Budget and/or the Project schedule; and (c) include any other information respecting the Project that may be requested by the Ministry. 4 RURAL ECONOMIC DEVELOPMENT PROGRAM Ministry File No.: 4536 7.4 On or before 60 days after the final milestone statement has been submitted, a Final Project Report with the information as described in Schedule "F" must be submitted to the Ministry which shall include, (a) a detailed description of the Project and the results achieved to the date of the Statement; (b) the details of any variance from the Project, the Budget and/or the Project schedule; (c) a final Financial Statement showing Eligible Costs incurred and paid; and (d) any other information respecting the Project that may be requested by the Ministry. 7.5 The Recipients shall ensure that all reports are in a form satisfactory to the Ministry and that every report or financial statement is signed on behalf of the Recipients by a person authorized to sign it. 8.0 Recipients Warrants 8.1 The Recipients warrant that they shall carry out the Project in compliance with all federal, provincial or municipal laws or regulations, or any orders, rules or by-laws related to any aspect of the Project. 9.0 Further Conditions 9.1 The Ministry shall be entitled, at any time, to impose such additional terms or conditions on the use of the Grant Funds which it, in its sole discretion, considers appropriate for the proper expenditure and management of the Grant Funds and the carrying out and completion of the Project and shall be entitled to impose such terms and conditions on any consent granted pursuant to this Agreement. 10.0 Accounting and Review 10.1 In completing the Project, the Recipients: (a) shall conduct themselves in accordance with all applicable laws; (b) shall keep and maintain all financial records, invoices and other financially- related documents relating to the Ministry G rant Funding or otherwise to the Project in a manner consistent with generally accepted accounting principles and clerical practices, and shall maintain such records and keep them available for review by the Ministry for a period of seven (7) years from the date of the expiry or termination of this Agreement; 5 RURAL ECONOMIC DEVELOPMENT PROGRAM Ministry File No.: 4536 (c) shall maintain all non~financial documents and records relating to the Ministry Grant Funding or otherwise to the Project, including any records it receives about the people it serves, in a confidential manner consistent with all applicable law; and (d) hereby authorizes the Ministry, upon twenty~four (24) hours' notice and during normal business hours, to enter upon the Recipients' premises to review the status and manner of operation of the Project and to inspect and copy any financial records, invoices and other financially-related documents, and subject to consent by the person it serves, non-financial records and documents, in the possession or under the control of the Recipients which relate to the Grant Funding or otherwise to the Project. 10.2 The Ministry's right of inspection in this Agreement includes the right to perform a full or partial audit. 10.3 To assist the Ministry in the task described in this section, the Recipients shall provide any other information to the Ministry reasonably requested by the Ministry. 10.4 The purposes for which the Ministry may exercise its right under this section include: (a) determining for what items and purposes the Recipients expended the Grant Funds; (b) determining whether, and to what extent, the Recipients expended the Grant Funds with due regard to economy and efficiency; and (c) determining whether the Recipients completed the Project effectively and in accordance with the terms of this Agreement. 11.0 Tendering for Goods and Services 11.1 The Recipients shall acquire all supplies, equipment and services purchased with the Grant Funds through a competitive process that ensures the best value for funds expended. For equipment, services and supplies the cost of which exceeds $25,000.00 the Recipients shall ensure that at least three written quotes are obtained unless: (a) the expertise being purchased is specialized and is not readily available; or (b) the market has previously been researched for a similar purchase and prevailing market costs for the equipment, services or supplies purchased are known. 11 .2 If the Recipients do not use a competitive process as required under section 11.1 and do not obtain three written quotes because the supplies, equipment and services that exceed the cost of $25,000.00 meet the conditions outlined in section 11.1 (a) or 6 RURAL ECONOMIC DEVELOPMENT PROGRAM Ministry File No.: 4536 (b), the Recipients shall obtain the written consent of the Ministry prior to the acquisition of the supplies, equipment and services. 12.0 Conflict of Interest and Confidentiality 12.1 The Recipients shall ensure that the Project is carried out in all its aspects without a conflict of interest by any person associated with the Project in whatever capacity. 12.2 For these purposes, a conflict of interest includes a situation in which a person associated with the Project or any member of his or her family is able to benefit financially from his or her involvement in the Project. 12.3 The Recipients shall disclose to the Ministry without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. 12.4 The Recipients acknowledge that the Ministry is bound by the provisions of the Freedom of Information and Protection of Privacy Act and regulations thereunder. 13.0 Indemnity 13.1 In no event shall OMAFRA be liable for (a) any bodily injury, death or property damage to the Recipients, their employees, agents, or consultants or for any claim, demand or action by any third party against the Recipients, their employees, agents, or consultants, arising out of or in any way related to this Agreement or the Project; or (b) any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit to the Recipients, their employees, agents, or consultants arising out of or in any way related to this Agreement or the Project. 13.2 The Recipients agree to indemnify and hold harmless Her Majesty the Queen in right of Ontario, her directors, officers, employees and agents from and against all suits, judgments, claims, demands, expenses actions, causes of action and losses (including, without limitation, reasonable legal expenses and any claim for lien made pursuant to the Construction Lien Act) and for any and all liability for damages to property and injury to persons (including death) which Her Majesty the Queen in right of Ontario, her directors, officers, employees and agents may incur, otherwise than by reason of their own negligence or willful misconduct, as a result of or arising out of or in relation to any breach by the Recipients of the terms of this Agreement, or the Recipients' own negligence or willful misconduct. 13.3 The Recipients further agree to indemnify and hold harmless Her Majesty the Queen in right of Ontario, her directors, officers, employees and agents, for any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit, which Her Majesty the Queen in right of Ontario, her directors, officers, employees and agents may incur, otherwise than by reason of their own negligence or wilful 7 RURAL ECONOMIC DEVELOPMENT PROGRAM Ministry File No.: 4536 misconduct, as a result of or arising out of or in relation to any breach by the Recipients of the terms of this Agreement, or the Recipients' own negligence or wilfu I misconduct. 14.0 Insurance 14.1 Each Recipient shall put in effect and maintain for the period during which the Agreement is in effect, at its own expense, with insurers acceptable to the Ministry, all the necessary insurance that would be considered appropriate for a prudent Recipient of this type undertaking a project similar to this Project, including: 1. Commercial General Liability Insurance, for third party bodily injury, personal injury and property damage to an inclusive limit of not less than Two Million Dollars ($2,000,000) per occurrence and not less than Two Million Dollars ($2,000,000) products and completed operations aggregate. The policy shall include: (a) Her Majesty the Queen in right of Ontario as represented by the Minister of Agriculture, Food and Rural Affairs as an additional insured; (b) Contractual Liability; (c) Products and Completed Operations Liability; (d) A valid WSIB Clearance Certificate, or Employers Liability and Voluntary Compensation, which ever applies; (e) Tenants Legal Liability; (for premiseslbuilding leases only) (f) Non-Owned automobile coverage with blanket contractual and physical damage coverage for hired automobiles; and (g) A thirty (30) day written notice of cancellation. 14.2 Before beginning the Project, each Recipient shall provide the Ministry with a valid Certificate of Insurance (and any replacements thereof) that references the Project, and confirms the above requirements. The Recipient shall provide the Ministry with a copy of the policy and any renewal replacement certificates as may be necessary. 15.0 Credit 15.1 The Recipients shall acknowledge the support of the Ministry in all reports and materials and in all advertising and publicity relating to the Project, in a format approved by the Ministry. 15.2 The Recipients acknowledge that the Ministry may publicize information regarding the Rural Economic Development Program, including program descriptions, participants and grant amounts. 15.3 The Recipients shall ensure the acknowledgement in any report or materials indicates that the views expressed in the report or materials are the views of the Recipients and do not necessarily reflect those of the Ministry. 8 RURAL ECONOMIC DEVELOPMENT PROGRAM Ministry File No.: 4536 16.0 Inspection 16.1 The Ministry reseNes the right to inspect any aspect of the Project at any time. 17.0 Termination by Ministry for Convenience 17.1 The Ministry may in its sole discretion, without liability, cost or penalty, and without prejudice to any other rights or remedies of the Ministry under this Agreement or at law or in equity, terminate this Agreement at any time, for any reason, upon giving at least thirty (30) days notice to the Recipients. 17.2 Where notice to terminate is given under this section, the Ministry may, in its sole discretion, assess the state of the Project and allow the Recipients to wind down the Project by the end of the notice period. 18.0 Termination and Default 18.1 The Ministry may, in its sole discretion, without liability, cost or penalty, and without prejudice to any other rights or remedies of the Ministry under this Agreement or at law or in equity, terminate this Agreement immediately upon giving notice to the Recipients if: (a) funding for the Rural Economic Development Program in any Fiscal Year is not appropriated by the Legislature or is revoked if previously granted; or (b) in the opinion of the Ministry: i) a Recipient has knowingly provided false or misleading information regarding its funding request or in any other communication with the Ministry; ii) a Recipient breaches any term or condition of this Agreement; iii) the Recipients are unable to complete the Project or are likely to discontinue it; iv) it is not reasonable for any reason for the Recipients to complete the Project; v) a material adverse change occurs such that the viability of a Recipient as a going concern is threatened; or if (c) a Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or is petitioned into bankruptcy, or files for the appointment of a receiver; or (d) a Recipient ceases to operate. 9 RURAL ECONOMIC DEVELOPMENT PROGRAM Ministry File No.: 4536 18.2 If the Ministry, in its sole discretion, considers the nature of the breach under section 18.1 to be such that it can be remedied and that it is appropriate to allow the Recipients the opportunity to remedy the breach, the Ministry may give the Recipients an opportunity to remedy the breach by giving the Recipients written notice (a) of the particulars of the breach; (b) of the period of time within which the Recipients are required to remedy the breach; (c) that the Ministry shall terminate this Agreement: i) at the end of the notice period provided for in the notice if the Recipients fail to remedy the breach within the time specified in the notice, or ii) prior to the end of the notice period provided for in the notice if it becomes apparent to the Ministry that the Recipients cannot completely remedy the breach within that time or such further period of time as the Ministry considers reasonable, or the Recipients are not proceeding to remedy the breach in a way that is satisfactory to the Ministry. 18.3 If the Ministry has provided the Recipients with an opportunity to remedy the breach, and (a) the Recipients do not remedy the breach within the time period specified in the notice; or (b) it becomes apparent to the Ministry that the Recipients cannot completely remedy the breach within the time specified in the notice or such further period of time as the Ministry considers reasonable; or (c) the Recipients are not proceeding to remedy the breach in a way that is satisfactory to the Ministry the Ministry shall have the right to immediately terminate this Agreement by giving notice of termination to the Recipients. 18.4 In the event of termination pursuant to this section the effective date of termination shall be the last day of the notice period, the last day of any subsequent notice period or immediately, which ever applies. 19.0 Grant Funding Upon Termination 19.1 If this Agreement is terminated by the Ministry pursuant to sections 17.1 or 18.1, the Ministry shall cancel all further Grant Funding. 10 RURAL ECONOMIC DEVELOPMENT PROGRAM Ministry File No.: 4536 19.2 If this Agreement is terminated by the Ministry for any reason, the Ministry may in addition to the rights conferred upon it under this Agreement or in law or in equity, demand from the Recipients the payment of funds equal to those provided to the Recipients. 19.3 If the Ministry demands the repayment of any part of the Grant Funds pursuant to this Agreement the amount demanded shall be deemed to be a debt due and owing to the Ministry and the Recipients shall pay the amount to the Ministry immediately unless the Ministry directs otherwise. 19.4 The Ministry reserves the right to demand interest on any amount owing by the Recipients at the then current rate charged by the Province of Ontario on accounts receivable. 19.5 The Recipients shall repay the amount demanded by cheque payable to the "Minister of Finance" and mailed to the Ministry to the attention of the Ministry representative as provided for in section 21. 20.0 Grant Funding on Expiry of Agreement 20.1 Upon the expiry of the Agreement, the Recipients shall, upon the demand of the Ministry, repay to the Ministry an amount equal to any part of the Grant Funds used by the Recipients for purposes not agreed upon by the Ministry. This amount shall be a debt due and owing to the Ministry and the Ministry's right to demand payment of this money is in addition to the rights conferred upon it under this Agreement or in law or in equity. 21.0 Notices and Project Representative 21.1 Any notice or communication required to be given under this Agreement shall be in writing and shall be delivered personally, delivered by courier or sent by certified or registered mail, postage prepaid with return receipt requested, or sent by facsimile addressed to the other party at the address provided below or at such other address as any of the Grantees shall later designate to the Ministry in writing. All notices or communications shall be addressed as follows: To the Ministry: To the Recipients: Ontario Ministry of Agriculture, Food and Rural Affairs Rural Investments Branch 4th Floor , 1 Stone Road West Guelph, Ontario N1G 4Y2 Friends of the Pavilion, Architectural Conservancy of Ontario - South Bruce Grey Branch 281 Durham Street 7B Kincardine, Ontario N2Z 2Y7 Attention: Dr. Gary Gurbin Project Representative: John Victor Telephone: 519-396-2200 Fax: 519-396-3091 11 RURAL ECONOMIC DEVELOPMENT PROGRAM Ministry File No.: 4536 Attention: Dr. Brian Cardy, Manager Fax: (519) 826-4336 The Corporation of the Municipality of Kincardine 1475 Concession 5, RR# 5 Kincardine, Ontario N2Z 2X6 Attention: John de Rosenroll Telephone: 519-296-3468 Fax: 519-396-8288 Architectural Conservancy of Ontario, South Bruce Grey Branch Jubilee Hall Walkerton, Ontario N1G 2VO Attention: Henry Simpson Telephone: 519-881-1142 Fax: 519-881-2939 21.2 All notices shall be effective: (a) at the time the delivery is made when the notice is delivered personally, by courier or by fax; and (b) seventy-two (72) hours after deposit in the mail when the notice is sent by certified, registered or postage prepaid mail. 21.3 The individual identified above as the representative of the Friends of the Pavilion, Architectural Conservancy of Ontario, South Bruce Grey Branch above will, in the first instance, (a) act as the Recipients' Project representative and act as liaison for the Project with the Director of the Rural Investments Branch, Rural Development Division of the Ministry for the purpose of implementing this Agreement; (b) sign, on behalf of all the Recipients, the Statement of Eligible Expenses attached as Part 1 of Schedule "C", the Declaration of Tender Process attached as Schedule "0", and the Final Project Report attached as Schedule "P'; and (c) direct how and to whom the Grant Funds paid by the Ministry to the Recipients under this Agreement are to made payable. 21.4 The Recipients must provide written notice to the Ministry naming a new Project representative if the individual referred to in section 21.3 as the 'Recipients' Project representative ceases to perform the requirements under that section. 12 RURAl ECONOMIC DEVELOPMENT PROGRAM Ministry File No.: 4536 22.0 Severability of Provisions 22.1 The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement and any invalid or unenforceable provision shall be deemed to be severed. 23.0 Waiver 23.1 A waiver of any failure to comply with any term of this Agreement must be written and signed by the party providing the waiver. Each waiver must refer to a specific failure to comply and shall not have the effect of waiving any subsequent failures to comply. 24.0 Independent Parties 24.1 The parties are and shall at all times remain independent of each other and are not and shall not represent themselves to be the agent, joint venturer, partner or employee of the other. No representations shall be made or acts taken by either party which could establish or imply any apparent relationship of agency, joint venture, partnership or employment and neither party shall be bound in any manner whatsoever by any agreements, warranties or representations made by the other party to any other person nor with respect to any other action of the other party. 25.0 Assignment of Agreement or Grant Funds 25.1 The Recipients shall not assign this Agreement or the Grant Funds or any part thereof without the prior written consent of the Ministry, which consent shall be in the Ministry's sole discretion and may be withheld or subject to the terms and conditions that may be imposed by the Ministry. 26.0 Governing Law 26.1 This Agreement and the rights, obligations and relations of the parties hereto shall be governed by and construed in accordance with the laws of the Province of Ontario. 27.0 Further Assurances 27.1 The parties agree to do or cause to be done all acts or things necessary to implement and carry into effect this Agreement to its full extent. 28.0 Circumstances Beyond the Control of Either Party 28.1 Neither party shall be responsible for damage caused by delay or failure to perform under the terms of this Agreement resulting from matters beyond the control of the parties including strike, lockout or any other action arising from a labour dispute, fire, flood, act of God, war, riot or other insurrection. lawful act of public authority, or delay 13 RURAl ECONOMIC DEVELOPMENT PROGRAM Ministry File No.: 4536 or default caused by a common carrier which cannot be reasonably foreseen or provided against. 29.0 Survival 29.1 The provisions in sections 7.4 (Final Project Report), 8.0 (Recipients Warrants), 10.0 (Accounting), 13.0 (Indemnity), 15.0 (Credit), 16.0 (Inspection), 19.0 (Grant Funding upon Termination) and 20.0 (Grant Funding on Expiry of Agreement) shall survive termination or expiry of this Agreement for a period of seven (7) years from the date of expiry or termination of this Agreement. 30.0 Joint and Several liability 30.1 Each Recipient shall be jointly and severally liable (each completely and individually liable) to the Ministry for the fulfillment of the obligations of the Recipients under this Agreement. 31.1 Schedules 31.1 The following are the SChedules attached to and forming part of this Agreement. (a) Schedule "A" (Project Description) (b) Schedule liB" (Milestone Schedule) (c) Schedule "C" (Milestone Submission) (d) Schedule "0" (Declaration of Tender Process) (e) Schedule liE" (Financial Declaration) (f) Schedule "F" (Final Project Report) 32.0 Priority 32.1 In the event of a conflict or inconsistencies between the body of this Agreement and the Schedules, the body of this Agreement shall prevail. 33.0 Entire Agreement 33.1 This Agreement together with the attached schedules listed in section 31.1 of this Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. 33.2 This Agreement may only be modified by a written Agreement duly executed by the parties. 14 RURAL ECONOMIC DEVELOPMENT PROGRAM Nlnistry File No.: 4536 IN WITNESS WHEREOF the parties have executed this Agreement made as of the date first written above. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Agriculture, Food and Rural Affairs The Honourable Leona Dombrowsky Friends of the Pavilion, Architectural Conservancy of Ontario - South Bruce Grey Branch per: C ~ --.. The Corporation of the unicipality of Kincardine per: Na~~: . ~- ~~V-' Position: J...1 ~--9 0 v- I/we ~ authorityJo bind the Recipi~n~ pe0o'-- A<-~~~ Name:--.J 0'""'-"'" ~~~o 'So ~ v'\. ro l/ PositionC\........... c.f A ~ '-''''--U"''' ... .l- ...-.. ~, ...c... 0 I(c L ~ r I/we have authority to bind the Recipient Friends of the Pavilion, Architectural Conservancy of Ontario - South Bruce Grey Branch iI --< Name: ~,(r <;;{,v{;?<; d---' Position: B~.fhv ell jPlZe:1 I/we have authority to bind the Recipient 15 Schedule" A" Proiect Description In accordance with section 4.0 of the Agreement, the Recipients shall complete the Project described belO'w (see attached). , ~' . . " \' ..s~,: ,~' ." ;"'11 (" ,',' /.:.[ .~. '. '-' ':" "'ij \ ': . . ...{::: '. ~ I,' " , , 3 '. . . Project Registration For~ ' ' I " , ," 4~pri !'d~ts are required to complete a project registration form and a project summary as part Of the pre- , " ',propoaal' stage of the application process. ' ' ;, l~,itl~ ~f proj.ct: KINCARDINE BEACH PAVIUON RENOVATION i ,II' ,,' , 't" .: : :', 'Ii;"; , ' , I':. . ... . . '. I ':~j:;'1'~~~J\Ppi,!'c~~t' DMr. OMs. : .. .,' ',' .. I ': ;~~arrie bf Projebt ~eader/Contact Person: Dr. Gary Gurbln Posttion: Co-Chair , .organization or B~siness: Friends of the Pavilion, Architectural Conservancy of Ontario - South Bruce Grey Branch , ',MaiUflg Address (street): 281 Durham St, 7B : ;Citynown: Kincardine County I Region: Bruce County :: ::lrovinee: Ontario PoswlCode: N2Z2Y7 ;, I: ilelephone: 519.396-2200 Fax: 519-396-3091 :- ::--nail: beachpavlllon@bmts.com :Names of all Partners/Co-Applicants (List additional ptlrtners on a separate sheet): ~ " , Names of all Co-applicants Organization Name Phone Number Fax Number '1, John deRosenroll, CAO Municipality of Kincardine 519~396.3468 519-396-8288 1, HENRYSIMPSON Architectural Conservancy of 519-881-1142 519-881~2939 !1' President Ontario, South Bruce Grey Branch !r'~.ame of Ministry Contact "-~ ' Phone Number Fax Number \:;:-;~s of Contact Ministry Name : ". , Cnaryl Brine OMAFRA - OWen Sound 519-371-4717 619-371-1373 :: : ," .:. . 'I ; , . ; , CONFIDENTIALITY Application forms and supporting material submitted to the Province of Onwrio will be subject to the Freedom or Information and Protection of Privacy Act. Any infonnation submitted in confidence should be c,learly marked .~ONFID~NfIAL. by the applicant. Inquiries about confidentiality should be directed to the Rurallnvestnients Branch. , CERTIFICATION 2} s',.!brni~ng this application the lead applicant hereby certifies to the Province of Ontario that the appllc~tlon and ~:.qpC'~ing docum~ntatlon are true and complete In all respects. Lead, Applicant Name (print): P,sltlon: Dr. Gary M. Gurbln Co-Chair. Friends of the PavillQO ~.,- ~,Q Oate:C c,'l- ~It'ln. l. 0 0 t.., 3. Signature: () Project Summary Format o - ~pplicants are required to complete a project summary forthe pre-proposal stage of the application that includes answers to the following items in the order specified: 1. Overview: Give.a briefovelViewofthe project, including its title, location, start date, an estimated completion date and a brief description. Indicate if this is a new project or an existing project being enhanced. If it is an enhancement, please explain how it is being enhanced. Indicate if any contact has been made with any ministry personnel and the name of that person. 2. Economic Barrier: Identify the economic development barrier(s) that you are seeking to overcome with your project. . 3 _ Priorities and Objectives: Describe the objectives and goals of your project and how your project relates to the Rura Economic Development priorities and objectives as outlined on page 2 of the guidebook. Relevance of and need for the work and its appropriateness for support by the Rural Economic Development program. Be sure to indicate the urgency of the work and impac of its not occurring. List the partners, by organization name, involved in the project. Describe the nature of the partnership(s) (i.e., new, established. pennanent, temporary, etc.). Submit a summary of the expected project work plan, including major activities, activity locations, timelines, milestones and measurable deliverables. Keep in mind, milestones will be used to determine the timelines for payments from the Rural Economic Development program. 4. Relevance: 5~ Partnership: 6. Work Plan: 9. Other: Summarize the benefits which will result. Project benefits can be direct, indirect, short. term or long-term. Beneficiaries may include: (a) project partners/applicants; (b) other identified stakeholders in rural Ontario and/or sector stakeholders; (c) the rural communities; and (d) Ontario. Provide details of how the project results will be shared with others in rural Ontario. A project budget summary, indicating sources and uses of funds, must include the total cost of the project, all sources of funding, and details on how the contribution from the Rural Economic Development program will be used. P.lease format the budget as shown in Schedule 3 from the application package. Include information relevant to the project (i.e., list the required approvals and permits). 7. Benefits: 8. Budget: Please submit one (1) unbound copy ofthe project summary and a copy of the project registration form to the Rural Investments Branch (address listed on title page). Keep a copy of the pre-proposal for your records. o Alpplication and Business Case - o e Once you have completed a pre-proposal and have received information back from the Rural In"tstments Branch, please follow all of these steps. Applicants are required to complete a/l sections of the application and business case using the formats and forms listed below. Please type. Business Case Format Th e complexity of the business case should reflect the value of the project and the funds requested. Prepare a Project Business Case consisting of, but not limited to, the following sectIons: 1. Registration Form: Update project registration form to reflect any changes in the project since the pre- proposal stage. 2. iable of Contents: 3. Project Summary: 4. Economic Barrier: 5. Partnership: 6. Executive Summary: 7. Needs Assessment: 8. Work Plan: Listing of all sections and corresponding page numbers. Update project summary to reflect any changes in the project since the pre- proposal stage. Update the economic development barrier(s) to reflect any changes in the project since the pre-proposal stage. Provide further details for each applicant (name, mailing address, phone and fax number) using Schedule 1. Specify the contact person and project representative for each applicant organization (Le., individuals, businesses, organizations, rural municipalities). For all partners. provide background infonnation (Le., type of organization. number of employees/members, etc.), the key project roles and responsibilities, experience which demonstrates ability to attain project results and the nature of each of their financial contributions to the project. Provide a short overview of: (a) what the project proposes to accomplish and why is it needed; (b) how will the project overcome the economic development barrier identified; (c) how the project will have an economic impact on rural municipalities; (d) how the project will benefit the public and rural Ontario; and (e) how the project will accomplish the priorities and objectives of the Rural economic Development program. Provide the following information: (a) identify the need for the project; and (b) provide evidence of the need for the project An outline of the expected project work plan including major milestones and their component activities. activity locations, and timelines. Principal risks and what will you do if the performance objectives (accomplishments) are not met on schedule should also be included. Milestones will be used to determine the timelines for payments from the Rural Economic Development program. 9. Measurable Outcomes: Use Schedule 2 to summarize your measurable outcomes. 10. Human Resources: Include details on the knowledge. skill and expertise of project staff and management including their key project roles and responsibilities. () o Application and Business Case 11 . Financial Plan: Prepare a financial plan for the project that is reasonably detailed. Clearly differentiate between partners and contracted third party work by complet ing the following schedules: (a) Sources and Uses of Funds (Schedule 3) - detailing the sources of funds for the project, clearly differentiating private versus pUblic sources, cash and how funds from the Rural Economic Development program will be used. (b) Milestone Report (Schedule 4) - For each milestone, itemize the eligible project expenses associated with each activity. Also indicate the expected results and any information which may affect the project's success. Milestones must be chronological and occur not more often than once every six months. Where applicable, the method for calculating each activity contributing to a milestone should be illustrated. This information should be transferred to the Milestone Reports (Schedule 4). Please note the following items may be requested: (a) Proof of ability to raise other funds; and (b) Copies of the most recently reviewed or audited financial statements for all project applicants. 12. Declarations: Each applicant must complete a separate General Company Information, Consent and Certification Form (Schedule 5). 13. Support: It is recommended that any individuals or supporting organizations that endorse the project in principle should submit letters of support. Project applicants that are organizations should obtain and provide a resolution approved by the organization. 14. Other information: Applicants must obtain and submit as part of the application proof that required permits and approvals are obtained. All applicants for approved projects must sign an agreement with the Province which specifies the terms and conditions of funding. A copy of a sample of the agreement is available from the Rural Investments Branch upon reque,st. Applicants are strongly advised to have all partners review the sample agreement prior to approval and to seek legal counsel regarding the terms and conditions of the agreement. Where the value of sub-contracts for work or services exceeds $25,000, applicants must demonstrate that a competitive process has been used. At least three written tenders must be obtained. If sole or single sourced, the applicant must provide written rationale that the supplier provides specialized expertise not otherwise readily available and request to waive the tender requirement. Please submit one (1) unbound comptete copy of the application package to the 'Rural Investments Branch (address listed on the title page). Keep a copy for your records. :---) (\ .~. .J 2) Table of Contents: lMiE 3) Project Sununary... ... ...... .. ... ..... .. . .. ... ... ......... ...... .. . ... ... ... ... .... .. .......8 4) Economic Barriers. . . . .. . . . . . . . . . .. .. . .. . .. . . . . . . .. . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . ...9 5) Partnerships - Schedule I......... ............ ...... ....................... ....... ......9.20 6) Executive Summary... .. . .. . .. . .. . .. . . . . . . . .. . . . . . .. . .. . . . . . . . . . .. . . . . .. . .. . .. . . .. . . . . ..... I I 7) Needs/Support Assessment.. . . .. .. . . .. . .. . .. .. . .. . ... .. . .. ... . . . . .. . . .. . .. . .. . .. . . . . ...... I 5 8) Work PlanlMilestones - Schedule 4................................................. 16.27 9) Measurable Outcomes - Schedule 2............ ... ............. ................. ........16 10) Human Resources............... ..-................................................... ......19 11) Financial Plan........ ........................................... ............ ...... .....19.36 12) Declarations................".... .................................................. .... 19,57 13) Support.................. ...... .................. ......... ...................... ...... ...19,48 Apnendices: * (a) Schedule 1 - Contact Info for Applicants... .... ......... .. .. . .. .." .. ... . ... . . .. .. ...20 * (b) Schedule 3 - Sources and Uses of Funds for OMAFRA RED... . . ....... .. . .. . ...21 * (c) Schedule 3a- Sources & Uses of Funds for total project...... ... ... ...............24 * (d) Schedule 4 - Projected Milestones.............. ................................... ..27 * (e) Copies of 3 formal estimates for the rooflwalVtrusses work... .. . .. . ...... .. ..... ..32 * (f) Business Projections............ ... ..................................................". ...36 Year One monthly revenue and expenses Five Year Income & Cash Flow Tourism Economic Impact Estimator - model * (g) Letters of support from interested user groups........ ... ... .. .. ............. .. ...... 48 * (h) Letters of support from community organizations supporting the project........55 * (i) Schedule 5 - General Information, Confidentiality Consent & Certification... ..57 - Friends of the Pavilion - Municipality of Kincardine - Architectural Conservancy of Ontario - South Bruce Grey Branch 7 Phone: 396-2200 Fax: 396-3091 Email: beachpavilion@bmts.com / ) ~. (~) 3) Proiett Summarv: !> ; OMAFRA RED program assistance is being requested to support continued restoration of the historic dancehall 'Kincardine Pavilion' into an operational music & cultural facility. This early 1920's historic site is one of a handful of Ontario dance pavilions that remain in existance - and may be one of the only lakefront pavilions in Ontario. ' The Pavilion facility is located within walking distance of downtown Kincardine (Bruce County) along the waterfront, that offers a public beach, marina, tennis & lawn bowling facilities as well as a kiddie-park and boardwalk. Revitalization of the Kincardine Pavilion is a significant economic development project. It's completion and return to operations will: I:J draw tourists and tourism spending, contributing to areas economic diversification objectives; I:J extend shoulder season opportunities; I:J complement waterfront tourism development objectives; I:J meet an identified demand for a high-performance indoor music venue. This restoration and renovation initiative is an existing project. Progress to date has been made possible through a coordinated approach with creative community partnerships. Started in"2005, the project proponents have, to date, completed the required structural restorative activities, as deemed necessary by the engineer. The next phase is completion ofthe roof, including related wall and trusses supports. It is this phase for which OMAFRA RED slipport is being requested. The third phase that will follow erection of the roof, includes interior electrical, plumbing and finishing work to make the site operational. " OMAFRA funding support in the amount of $47,000 will enable roofing of the facility to be completed. The budget breakdoWn for the roofing phase is: Total Cost RED Request Proiect Cash Project In-Kind Materials - Roofing, Wall and $47,000 $47,000 Trusses Labour wRoofing, $69,000 $34,000 $18000 Wall & Trusses Roofing Contractor $9,000 $9,000 Cost Engineer related $3,000 $3,000 costs $128,000 $47,000 $37,000 $27,000 If approved, the roofing activities are expected to be completed by end of July. It is the sponsors desire to officially open the facility by the end of August, 2006. 8 Phone: 396-2200 Fax: 396-3091 IEmail: beachpavilion@bmts.com C) () 4) Economic Barrier: The Pavilion restoration and return to operations will help address three specific barriers: Barrier: As an single-industry (nuclear) community, tourism development and tourism product enhancements are important economic diversification strategies. Barrier: The ability to extend the areas' shoulder season as a tourism destination is hindered by not having an appropriate indoor venue. Barrier: As a small rural community which relies on tourism as a major economic generator, there are inadequate facilities to accommodate existing or promote expansion of music/cultural activities. 5) Partnersbios This summary only reflects the three ''partners'' willing to sign a letter of agreement with the province, provided OMAFRA - RED funding is approved. This summary of cash and in-kind contributions reflects contributions to date and do not include related OMAFRA- RED cost sharing values: Partner In-kind Cash Contribution & Partnership Contribution Contribution Comments Type - as at start of Project The Architectural $3,000 Technical historic plan Established Conservancy of Ontario - assistance. Sponsorship of Soutb Bruce Grey Branch. start-up activities Volunteer - Charitable status organiZation with no $1,000 Contribution from BCFDC employees. Purpose is to support retention of historic properties. Simiiar project experience includes having guided the restoration of the Walkerton Jubilee Hall. -...------.-----..--...----------...--- ----------- ------------ ----....--------- ----------..._--------------- Friends of the Pavilion In.kind contribution Sub-committee of ACO $36,000 estimate based on 5 people New~ Community volunteer group - X 10hrs/m for 24mos @ group in process of incorporating as $301hr (below market cost). formed for purpose of not for profit. Will seek restoring charitable status designation. pavilion. One Pavilion employee. This new organization has not, as a Cash contribution (to date) group, undertaken such a $35,000 reflects fundraising project. However, group completed to date. members bring a broad range of Fundraising continues. skills, and have garnered the necessary construction & engineering technical expertise to attain results. 9 Phone: 396-2200 Fax: 396-3091 Email: beachpavilion@bmts.cOIn I:'> r l. , I ( ') (- . Municipality of Kincardine Town has approx. 160 ' employees. Town has been supportive of this initiative and continues to provide support. They have assisted with building permits and provided town staff to assist when necessary. Town will provide land.lease f9r 15 )~eats at no cost and no : : ~t~~~es~:.;;l ~ .! . Town brings extensive ~"Pex;i~cl;\ to this initiative. ,r-" I) ) 't_, Permanent $25,000. Bridge Financing (cash). $67,500 - no taxes to be paid No tax contribution on a Municipal building. estimated at $4,500 per year. Other Partner Contributions: Restoration of the Pavilion has captured the commitment of many community supporters offering their expertise, talents and contributions, in the tens of thousands of dollars. Cash contributions are currently being solicited, and wiH continue. The following summary provides a summary of community support. These are not 'partners' for the purpose of the RED application and will not be signing an agreement with OMAFRA, should the funding request be approved. Community Supporter In-Kind Cash Comments Local (retired) Contractor $32,000 Provided JCP site supervisor assistance (8 mos X $4000/m). Local Contractor (semi-retired) $24,000 Contractor (4 mos X $6000/m). Offering assistance post JCP phase 1. Bruce eFDe $13,050 $1,000 Office Space & business plan support ($lS0/m X 15 m) + geneml support ($200/m X 24). Drafting & Designing $3,000 Did concept drawings Architect used Phone: 396-2200 10 Fax: 396-3091 Email: beachpavilion@bmts.com n () .. :Service Canada (HRSDC) $204,000 JCP program for 1 yr expired end of Feb/06. Provided labourers + related material, and overheads. Bruce Municipal Telephone $10,000 Designated contribution to' sound~system Services (BMTS) Ontario Power Generation $1,000 , "Molsons ' $5,000 Designated for bar.fixtureS/fumishings . Meridian Credit Union $3,000 Quinn Landscaping $5,000 Grounds landscaping pre-opening ,'. . .: . . 'Local groUps - music/culture $10,000 Design and performance feature assistance. Area Fundraiser by two musical $3,500 One small fundraiser held so far. groups (to date) Professional/Corporation event scheduled for late summer. Music groups also offering fund-raiserS events once operational. ** These values do not include any values associated with the RED request. These are outlined in Schedules 3 & 3A, being Sources & Uses of Funds. 6) Executive Summary The following provides a summary of the purpose, key outcomes and benefits related to the Pavilion restoration and return to operations. It must be noted that this summary pertains to the initative in its totality. The OMAFRA - RED request to assist with the roof and related wal1Jtrusses supports is a key component to the iniative proceeding. However, it cannot be considered in isolation from the bigger picture. a) Project Proposes: To restore and retUrn the historic Pavilion to its previous status as a premier lakefront music/dance facility, operating as a self-sustaining community &. tourism asset. b) Economic Barriers: The Pavilion restoration and return to operations will help address three specific barriers: Barrier: As an single-industry (nuclear) community, tourism development and tourism product enhancements are important economic diversification strategies. How Project Addresses Barrier? Once completed, the restored '1920's period' Pavilion will add an important tourism and community venue. Located on its originallakefront site, the legacy of the Pavilion as a focal point for entertainment will be restored. This all-season (indoor) quality tourism product will add needed facility stock to attract both events/performers and tourists. This facility will be of the caliber that contributes to Kincardine becoming a music/cultural tourism destination. It is projected that after one year of operations the Pavilion will have helped create between 9-11 equivalent full-time tourism related jobs; hosted events for over 8,000 tourists; and attracted tourism spending in excess of $350,000. As the Pavilion grows, these jobs will be maintained with incremental new jobs created, year over year. Restoration and operation of the Kincardine Pavilion, as a tourism economic diversification strategy, is sound. As well, the return on investment is significant- one that warrants the investment of public and community funds. 11 Phone: 396-2200 Fax: 396-3091 Email: beachpavilion@bmts.com [ ) ,,--" ':1.) The source for the above noted jobs and tourism spending i.s outlined in the attached "Economic Impact Estimator" tourism model. This is based on a Michigan State model that indicates the assumptions used and resulting benefits. Barrier: The ability to extend the areas' shoulder season as a tourism destination is hindered by not having an appropriate indoor venue. How Project Addresses Barrier? Currently the only indoor facilities large enough to host events are the recreation hall, the Kincardine Legion and to a lesser extent two area motels. None are equipped with appropriate sound-systems or performance stage areas. None are strategically located on the waterfront. None offer the history or ambience that the Pavilion will provide. None actively promote their locations as a tourism draw - as demand is sufficiently high that they are busy. The fact that shoulder-season music/cultural attractions are severly limited attest to the lack of appropriate andlor available facilities. Restoration of the Pavilion will help address two issues. It will add'a new event/activity location easing high-demand peak season, AND, it will actively seek opportunities to either host and/or develop a four-season schedule that will draw tourists in slower seasons. Barrier: As a small rural community which relies on tourism as an economic generator, there are inadequate facilities to accommodate existing or promote expansion of music/cultural activities. How Project Addresses Barrier? Summer is the peak season for Kincardine's music community. Events and activities include two Scottish Pipe Bands, a weekly seniors park sing-a-Ioog, an annual week long (classical) music festival targetted at youths (typically operates out of church hall), and a successful and growing Scottish Festival that draws a dozen pipe-bands and thousands of tourists. There are also several area bands and performers offering different special performances. A summer professional theatre (Bluewater) operates out of an upgraded old municipal office, with an amateur theatre group offering some winter performances. However, many of these groups struggle to find practice space. Further, some events that may be cancelled (e.g. Seniors sing-along and Scottish Festival competitions) due to weather conditions, without any contingency alternatives. The Kincardine Pavilion will can this contingency plan. Perhaps more importantly, the Pavilion has gamed the support of the music community. Discussions with four groups have resulted in the decision by these groups to use the Pavilion as their home location. It will offer them an environmentally controlled storage room, enable the groups to practice throughout the year and enable them to extend their season by starting earlier in the spring and going into the fall, with new or special perfonnances. This 'clustering' of area music groups will help generate a buzz within the music community, and help to foster new music aUiances and opportunities. Phone: 396--2200 12 Fax: 396-3091 Email: beachpavilion@bmts.com f) r. < ) c) Economic Impact: The economic benefits of this restoration initiative are outlined in the attached 'Economic Impact Estimator' model. This is referenced in 6b) above, with a full copy of the estimator assumptions and outcomes included in the business projections appendix, page 4S. r:.'; ; ". ,::L~. "d. "f;;"'. .' +~ ":ll . .:,'1 Over a 5-year period, extrapolation of this model indicates that the Pavilion will generate significant economic benefits. Based on start-up Year I activity levels, without the plan for Pavilion activity growth in years 2-5, it is estimated that over the next five years the following will accrue: a Job creation in tourism-related businesses increases by over 40; a Tourism spending on goods and services - $1.75M; a 'Strengthening of existing and creation of new businesses in response to increased activities, contributing to diversification objectives. The economic benefits of the Pavilion in the short term only compound over the longer-term (10-15 year). The ability to measure the qualitative or catalytic impact the Pavilion will have, as a 'music/performance cluster' cannot be projected with a degree of accuracy. However, its return to operation will prompt a positive return on investment. Within the broader Bruce-Grey community, the Pavilion is consistent with cross- county tourism promotion efforts. As a rural area, there is recognition that visitors coming to Bruce-Grey tend to spend time traveling within the area. It is reasonable to assume that some coming to the Pavilion for a performance will take the opportunity to sightsee other locales in the area. It is also reasonable to assume that a premier perfonnance at the Pavilion will cause the same visitor to return for other events in the future. This repeat visitation, combined with attraction of new visitors, will compound the economic impacts for the area. For Ontario, the addition ofa lakefront '1920's period' performance cluster will contribute to the provincial 'cultural tourism' objectives. It is recognized that demographics are shifting tourism demands - with increasing interest in cultural activities. The quality of the restored Kincardine Pavilion may offer another provincial attraction to its marketing and promotion mix. d) Project Benefits: A broad range of benefits will accrue to the community and general public, including: · Music/Cultural organizations will have access to a waterfront facility designed to meet their acoustical, equipment storage and performance needs (e.g. Scottish Festival, Pipe Band, Kincardine Music Festival). · Tourism Organizations & Municipality will be better positioned to promote and position Kincardine as a tourism destination (peak and shoulder season) as there will be an appropriate venue to host attractions. This revitalized tourism product and resulting attractions contribute to the diversification of the economy. · Municipality will benefit as having contributed to restoring an important and highly visible historic community asset, that complements its waterfront development objectives. · Area businesses will benefit and new business opportunities developed as tourism and toUrism spending on local goods and services expands. 13 Phone: 396-2200 Fax: 396-3091 Email: beachpavilion@bmts.com ,( ) (. () }", General community will have improved and enhanced accesss to (and activity in) a high-end performance facility. This facility will help address the current and growing demand for community, corporate and special event facilities. Individuals will have expanded. opportunity to market/showcase their products and talents, within a strategically located, historic and appealing location. Seniors & Seniors Groups - will have access to multi-use & historically appealing facility to expand the type of program activities currently curtailed by virtue of limited suitable space. An example being ballroom or big-band dances held in an environment that reCalls those times. · Youth Groups - will have access to facilities that offer greater flexibility and ambience for dances and other events. . iii ~' :: . Impacts: Restoration of the Pavilion facility positions tourism and related activities to add significant impact to the local economy: ./ Complements current community initiatives to advance and promote Kincardine's waterfront tourism amenities as a destination location - including: public beach~ playground,'lawn bowling, tennis courts, boardwalk, historic lighthouse and historic community museum (paddy Walker House); ./ Provides a platform upon which to attr~t new "cultural tourism" interest and investment - resulting in new and expanded peak season area tourism sector jobs. business activity etc.; ./ Provid~s indoor facilities needed to support shoulder-season & off-season attractions _ expanding the areas' tourism season thus jobs and business activities; ./ Contributes to advancing self-employment opportunities for local artisans by offering appropriate facilities to showcase/demonstrate and retail their works; ./ Restoration and operation of the Kincardine Pavilion will also benefit the broader Bruce-Grey area. As the Kincardine Pavilion develops its position as a cultural destination location, those attracted by an event held at the Pavilion will travel within Bruce and Grey as part of their vacation activities. buying goods and services from other locales. ./ Preserves part of Ontario's rural history, while adding to its cultural tourism inventory - contributing to the provincial tourism development strategy. ./ Generates jobs through expanded tourism spending on goods and services. e) RED Priorities & Objectives: The Kincardine Pavilion project is consistent with the priorities and objectives of the RED program. SpecificaIJy, it: · Contributes to the revitalization and expansion of the areas' tourism sector; · Adds tourism product that enables extension of the tourism shoulder season by offering a high-quality indoor performance venue; · Consistent with economic diversification objectives given single-industry reliance (nuclear plant); · Promotes area business climate as tourism activity and season expands, area businesses are strengthened and new business opportunities emerge; · Complements waterfront development strategies to position Kincardine as a tourismndestination area; Phone: 396-2200 14 Fax: 396-3091 Email: beachpavilion@bmts.com (\ Z ) /'", 't) . Supports the strategic and coordinated community approach to local development; Recognizes and builds on the strategic alliances and community partnerships that have advanced this project to date; Enhances access for local musicians and artisans to improve or acquire new skills; Provides significant job creation opportunities in tourism-related businesses. . iI . 7) Needs Assessment a) Need Identified: A key component to the decision to proceed with the Pavilion recovery efforts was if there was sufficient need (market) potential for it to become a self-sustaining operation. To assess if there was a need in the community, a review oflocal facilities was completed. Further, discussions were held with a number of music groups in the area, as well as many discussions with the municipality as the owners of the site. Major conclusions from this review included: CI Special event (e.g. weddings, anniversary parties etc.) opportunities are lost as a result of insufficient facility supply ~ many locations are pre-booked for up to a year; CI Strong interest exists on the part of music groups to find a pennanent home; CI Broad-based commWlity support for restoration of the historic Kincardine Pavilion, as evidenced by signatures on petition; CI Enthusiasm from seniors and others for a facility that may offer rescue from inclement weather; " CI Recognition of the tourism development potential of a new high-performance indoor facility - particularly in helping to expand shoulder season activities; b) Evidence of NeedlSupport: Perhaps the strongest indicators of need have been: CI In-Kind Contributions - to date tens of thousands of dollars have been donated in technical support, construction/consulting expertise, free project office space, business planning and most recently marketing plan consulting. CI Municipal Contributions - the municipality has approved a tax exemption for the Pavilion, once it becomes operational. (see section 5 - Partners, Municipality of Kincardine). CJ Cash Contributions ~ Pavilion fundraising is just beginning in earnest. However, to date over $30,000 has been raised. Area music groups are offering to host benefit performances once the site is operational, and a public donations program is currently in the development phase. These groups and individuals would not have invested their time and resources, if they did not agree that there exists a need to restore and return the Pavilion to the community. The music community has also confrrmed that a need exists. Attached as an appendix are the letters from those music groups who are looking to use the Pavilion as a permanent home: Kincardine CommWlity Concert Band, Ron Neyvatte - Coordinator, Music in the Park, The Lighthouse Swing Band, Kincardine Summer Music Festival, Penetangore Pipe Band and others. Other letters of support from the community demonstrate the interest in seeing the Pavilion returned to operations. These are summarized below and also included in the appendix: Kincardine Lions Club, Kincardine Rotary Club. 15 Phone: 396-2200 Fax: 396-3091 Email: beachpavilion@bmts.com ..r_ -) " ... 8) Work PlanlMilestones: :0 Schedule 4 in the appendices section identifies the major milestones related to completing the roof, walls and trusses supports. The impact of not receiving OMAFRA RED support is that the project will not advance within a timefrarne that will allow for a September official opening. Completion of the roof and support structures is required before interior finishing (plumbing, electrical, drywaJling etc.) can be Wldertaken. A delay in this component of the restoration will prevent the Pavilion from being operational during the fall season - resulting in lost visibility, marketing opportunities and revenue generation opportunities before the slower winter period. 9) Measurable Outcomes - Schedule 2: Anticipated Result Direct &: Indirect Job Creation: Operation of the Pavilion will create one equivalent full time job to manage booking and events. Based on a 'Tourism Economic Impact' model from Michigan, an additional 9-11 jobs will be created as a result of visitors spending on area goods and services (see attached appendix). Over the next few years, these jobs will be maintained while creating incremental area jobs, as the bookings and/or occupancy rates of the Pavilion increase. Diversification. Tourism Based on the 'Economic Impact' model the 8100 visitors will spend a total of$467,760. The model assumes that 72% of this spending will be captured by the local economy yielding $336,187 in direct sales to tourism- related businesses. This tourism spending increase is expected to accrue to existing businesses, as well as provide market opportunities for new businesses. Phone: 396-2200 Describe how you are going to measure your project's success (inclUde values where alJDronrlate) The Pavilion business plan provides for wages and maintenance fees related to operation of the Pavilion. This can easily be monitored. The business plan assumes a total of 84 Pavilion bookings in the first year. The plan assumes a 59% occupancy rate of 129 people, below the full 220 occupancy maximum. Of the IO,800-visitor total, 25% is assumed to be residents of the area, with the balance (8100) coming from external markets. Measuring event bookings and occupancy rates will be done, as part of the ongoing process of business assessment and planning. It will also be necessary to track visitor origins as part of the marketing plan review process. Although difficult to measure efforts will be made to obtain anecdotal verification from businesses themselves as well as from financial institutions 8S to the positive impact the Pavilion has on area tourism- related businesses. Bruce CFDC (a major player in small business planning & financing) will comment on the frequency and degree to which the Pavilion was cited as being a factor in the decisions to start new businesses. This information will be provided after 6 months and 1 year of Pavilion operations. The Municipality will also be a source of information upon which to qualitatively assess the impact on businesses and business confidence. The strengthening of existing businesses combined with new business starts will add to the objective of diversifying the area economy. Fax: 396-3091 16 Emai1: beachpavilion@bmts.com ./'~'\ J ... } '-" ."" : Anticipated Result Describe how you are going to measure your project's success (include values where appropriate) i I Number of community/sector barriers to ! I growth overcome as a result of this project: a) Progress toward this objective is already being measured as evidenced by a) Preservation & Restoration of the structural integrity having been secured over the last 15 months. historic cultural landmark. Opening of the restored Kincardine Pavilion for use by the public will be the final measure of progress. b) Address need for acoustical & appealing all-season performance b) Based on expressed intent from three (3) existing local music groups, the "cluster" - offering only in-door Pavilion will become their new home. By the end of three (3) months, two facility designed for this purpose. groups will be storing their equipment and using the Pavilion as their This will meet local regular practice site. By the end of six (6) months the third group will musician/performance demands convert to using the Pavilion as its home location. while providing venue to promote/market expansion of music & cultural activities = tourism development. c) As a restored 1920's 'period historic dancehall site' the Pavilion will be a c) Contribution to waterfront draw for area visitors. Keeping track of those who visit the Pavilion, as development amenities & facilities. part of their summer waterfront activities, will add information needed to monitor the contribution the Pavilion makes to waterfront amenities. The Pavilion addition to the existing range of waterfront amenities will contribute to the objective of making Kincardine a tourism destination. d) Tourism product that extends d) Currently, there is no facility that offers a high-performance indoor venue shoulder-season marketability. that can be expected to attract and grow shoulder-season activity. The Pavilion fills this void. The impact of the Pavilion in terms of extending shoulder-season markets will be measured by tracking actual bookings against the three per month projected through these typical slower periods. Off-season bookings will also be measured year over year. Marketing materials (those special promotions specific to Pavilion events versus promotions through existing area tourism promotions, municipal and County websites) will also be monitored to help assess marketing successes and opportunities. e) Demand for high-end facilities to accommodate weddings, seniors and e) Adding valuable and in-demand youth events, corporate functions and special functions exceed supply. The facility stock for various Pavilion offers a fully restored, unique and flexible venue that can help community activities (specifically address these needs. It is noted that the Pavilion rental cost structure will seniors and youth) and corporate provide affordable alternate facilities for seniors and youth groups - clients to host various events. consistent with the community development objectives of the Pavilion. Approaches from seniors and youth groups and resulting bookings will be monitored quarterly. This will provide needed information upon which to decide what action (if any) is needed to better address these needs. Bookings for weddings, corporate events and special functions (e.g. retirement or anniversary parties) offer a significant market opportunity. It will take 2-3 years to gradually convert this opportunity into revenue, given the advance booking cycle that functions require. Progress in capturing part of this market will be assessed against business plan projections and assumptions. 17 Phone: 396-2200 Fax: 396-3091 Email: beachpavilion@bmts.com .~ J- I ) Anticipated Result Describe 'how you are going to measure your project's success (hlldude values where 8DDropriate) ; Sustainability Plan: A complete business plan based on conservative revenue assumptions & : projections as well as fixed and variable cost factors have been developed. Achieving self-sustainability that enables resources for investment is market This plan is achievable - the result is sustainability, with capacity to cash development, operational contingencies and flow debt-retirement as well as assign a 'reserve fund' to provide for future debt-retirement. investments in the facility. Progress toward this plan will be monitored monthly. The management committee of the Pavilion has business, financing and technical expertise , to ensure due diligence in its progress. As needed, revisions will be made to the operations, marketing and fundraising features to address new information and circumstance. , Phone: 396-2200 Fax: 396-3091 18 Email: beachpavilion@bmts.com () .r) { . 10) Human Resources: The OMAFRA-RED request is being submitted in partnership by: · The Architectural Conservancy of Ontario - Bruce Grey Branch; o Brings proven expertise and experience in historical restoration activities. · Friends of the Pavilion; o Brings range of skills through members including project management, construction, landscape design, business planning & development, legal, accounting, marketing, fundraising, negotiations and community networking. · Municipality of Kincardine; o Brings the infrastructure and competencies required by municipal operations. Friends of the Pavilion are the lead operating partner of the project responsible for daily progress and negotiations. There is one project staff person at this time,. facilitating the ongoing development of the project. Bookkeeping and other project accountabilities are managed by this staff person, reporting directly to the Co-Chair of the Friends of the Pavilion. Given the nature of the project, construction expertise both in the planning and on-site functions has been most important. As the project progresses, the use of architectural, engineering, contractor and licensed tradespersons will be continued to ensure adherence to legislative and regulatory requirements & standards (including but not limited to building code, health and safety, accessibilities act, etc.). 11) Financial Plan: Please reference the Financial Plan appendix of this submission for details. Included in this appendix are: · Schedule 3 - Sources & Uses of Funds as it applied directly to the roof and related walVtrusses supports that OMAFRA - RED contribution is being requested; · Schedule 3a) - Sources & Uses of Funds as it reflect the broader project scope and costs; · Schedule 4 - Projected Milestones; · Copies of three (3) fonnal estimates for the roof/wall/trusses work, as this work exceeds the $25,000 threshold; · Business Projections including: o Year one detailed revenues and expenses - including assumptions o Five~year Income & Cash Flow projections · Tourism Economic Impact Estimator - Michigan model o Startup assumptions and projected impacts for Year 1 12) Declarations: Each partner applicant has completed a Schedule 5. Included in the appendices are signed General Company Information, Confidentiality, Consent and Certification for each: a. Friends of the Pavilion b. Municipality of Kincardine c. Architectural Conservancy of Ontario - South Bruce Grey Branch 13) Support Letters: Appropriate letters of support are referenced in Section 7 (Needs/Support) and are included in the applicable appendix. 19 Phone: 396-2200 Fax: 396-3091 Email: beachpavilion@bmts.com f ) '\ . {\ ( ) i -:: APPENDICES ~ ,0 0; f) 20 Schedule 1 Contact Information for Applicants Eligible clients include partnerships / strategic alliances. between (any combination of) individuals, businesses, community organizations (including not-for-profit) and municipalities with an arm's length relationship from each other. Individuals and individual businesses are not eligible under the program as sole applicants. Under the Rural Economic Development program all applicants must share in the risks of the proiect. invest in the project and have a vested interest in comDleting the Droiect. A partner cannot be a contractor of good or selVices by the project. AU applicants for approved projects must sign an agreement with the province that specifies the terms and conditions of funding. A copy of a sample of the agreement is available from the Rural Investments Branch upon request. Applicants are strongly advised to have all partners review the sample agreement prior to approval and to seek legal counsel regarding the terms and conditions of the agreement. Lead Applicant: Name: Dr. Gary Gurbin, Co-Chair Organization: Title: Address: Telephone: Email: Project Representative (if different): Not Applicable Friends of the Pavilion (in process of incorporation) Co-Chair 281 Durham St.,. 78 - Kincardine, Ontario. - Postal Code: N2Z 2Y7 519-396-2200 Facsimile: 519-396-3091 beachpavilion@bmts.com Other Applicants (list on back if necessary): Name: Mary Robinson Ramsey Not Applicable Organization: Architectural ConselVancy of Ontario - South Bruce Grey Branch Title: Vice President Address: Telephone: Email: Name: Organization: Title: Address: Telephone: Email: III Jackson St. Box 369, Walkerton, Ontario - Postal Code NOG 2VO 519-881-2826 Facsimile: jubilee@bmts.com JoOO deRosenroll Municipality of Kincardine CAO RR#5 1475 Con 5, Kincardine, Ontario. Postal Code: N2Z 2X6 519-396-3468 Facsimile: 519-396-8288 519-881-2483 Not Applicable cao@kincardine.net 20 ef) Ontario 10 Schedule .3 Sources and Uses of Funds Sources of Funds Under the Rural Economic Development program, applicants must share the costs. Most cost-sharing will be up to 50 per cent. Projects may receive up to 90 per cent government funding of eligible costs in extenuating circumstances. Funding from other provincial or federal government programs will be considered in calculating the level of investment from the Rural Economic Development program. Failure to disclose all funding or possible funding sources are grounds for termination of the application or contract. In determining contributions for cost-sharing. in-kind contributions will not be recognized. Investment by the applicant must amount to at least 50 per cent of the eligible expenses of the project in most cases. Those applying for the maximum level of government funding .!!!..y.!! provide compelling . Justification for their request. ~l ~'d- lie. I~C Eligible Cash In-Kind nneligible Total Partners! Applicants (list) Contributions Contributions Contributions Friends of the Pavilion $53,000 $0 $53,000 ~/ ~ Municipality of Kincardine $1,000 41.000 $~OO 1'1&': t:tJO ~,uOO Other Private Sources :::g c rz-- Bruce Community Futures Development Corp $13,050 $13,050 Bruce Telecom $10,000 $10,000 Ontario Power Generation $1,000 $1,000 Molson Inc. $5,000 $5,000 Meridian Credit Union $3,000 $3,000 RBC Foundation $2,500 $2,500 Fundraiser by two musical groups $7,000 $7,000 Local Tourism/Music/Culture Groups $10,000 $10,000 Volunteer Contractors/Consultants $33,000 $33,000 Other Government Programs (8) Service Canada $244,000 $244,000 Trillium Foundation $38,000 $38,000 Requested from Rural Economic (e) Development program $47,000 $47,000 TOTAL (D) (E) $101,000 682,550 Percentage Requested from Rural Economic Development program 46.54 % Per cent of Government Investment in Eligible Costs = iB) + eC) x 100 = 46.54 % [') f.'._. \j " ) 22 .he per cent of government investment (federal/provincial) in eligible expenses cannot exceed 90 per cent for J:'rojects under the Rural Economic Development program. Schedule 3 (Roof Only) Sources and Uses of Funds (Continued) Uses of Funds. · Eligible expenditures must be directly related to the project and would not have otherwise been incurred by the applicant. · Expenditures must be actual cash outlays to third parties that are documented through paid invoices and receipts. Proof of the applicant's ability to cash flow this project may be required. · Evidence of payment (I.e., cancelled cheques and/or bank statements) and supporting documentation must be included with milestone submissions to the Rural Investments Branch. Be aware the ministry Will hold back 10% of each milestone payment which will be released upon completion and satisfactory review of the final report. · Claims for eligible travel must adhere to the Provincial Government guidelines (available upon request). Satisfactory evidence demonstrating the cost of services does not exceed fair market value may be required. · Where the value of sub-contracts for work or services exceeds $25,000, appliCants must demonstrate that a competitive process has been used. At least three written tenders must be obtained. If sole or single sourced, the applicant must provide written rationale that the supplier provides specialized expertise not otherwise readily available. Eligible expenditures could include, but are not limited to the following: · development and distribution of marketing and promotional materials · travel costs incurred by applicants/contractors · specialized equipment necessary for the project · feasibility and business plan preparation · costs of obtaining technical expertise · bank fees and charges for the project · skill enhancement costs (specialized training) · consultants/sub-contractors · legal, accounting or other professional fees relating to the project · furnishings · computer leases and communication technology installations The Rural Economic Development program will not Invest in: · land, buildings, infrastructure . direct wage subsidies . · debt restructuring, fundraising or financing · projects replacing discontinued government programs · costs of normal business and production · project costs incurred prior to signing a Letter of practices, operations (including startups) Agreement · recurring costs such as reprinting · costs incurred in preparing your application · costs of normal business enhancements (including the business case) Please note: The totals on Schedule 3 - Sources of funds must equal those on Schedule 3 - Uses of Funds (I.e., eligible cash contributions column (D) on the Sources of Funds must equal the eligible expenditures $ column (D) on the Uses of Funds). The milestone totals must equal the total of projected eligible expenses (D) on both Schedule 3s. 22 ! I ~ i ( ) () Schedule 3 (Roof Only: 2: Sources and Uses of Funds (Continued. Uaes of Funds Description of Projected Expenditures by Objective Eligible Ineligible fin-kind ($) ($) :~.Building Exterior Walls & installation of Rafters 00 15,500 'i.-~.PlyWood sheeting on exterior walls & new roof section 15,400 ";:3... Stttpping' old material, repairs, ice & water shield,vents etc. 18,400 4. hlstallation of new metal roof & soffits 34,000 ,. 5. Installation of insulation & weather barrier on external walls 17,800 6. 0 7. 0 B. 9. 0 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Total Projected Expenses , (E) 101,000-- (0) Please refer to page 11 for examples of eligible expenditures. 23 ..... "~ r Sche'dule General Comp.n~ Informlltlon, Confidentiality, Consent .nd Cei1if1catlon , Each applicant/partner lDJIS comple" thi. schedule. , :';~! ;)~der: ~~~ ,~~ra' Economic Development program all app/lcants must share in the risks of the projBct~ .:';:' I:: cl'.r irlte~t Ih t/.ie project, and have a vested interest in completing the project. For the purposes of this ';';" r ,,~! { ".appllcat/~(J, Individual. or organizations must Invest In the project and sign the agreement with ;,~ : ~: Y. :; : '~,Provlnce to be considered an applicant/partner. ' : 1',' ~''':~:'I ~ . '!" . . , , '~! ~i)rf "9.~ign th~ agreement, ea,ch applicant must;, , ' ,':; :~ i :, - ":' ~~ve Joint and several comprehensive general liability Insurance with coverage for at least $2 . . :i:,', ',' ::,r!1 i/Uon ,per occurrence. This insurance must show the province (Her Majesty the Queen in right : ' .. i)f Ontario) as an additional insured on the policy and contain the endorsements ~peclfled by the agreement and is required throughout the tenn of the agreement. A certificate of in~urance' from each applicant/partner wi//. be required to be submitted to the Ministry of Municipal Affairs and Housing' prior to the Signing of an agreement. · prior to the signing of the agreement, provide to the ministry proof of current matus (I.e. Certificate of status) and constituting documents (i.e. articles of incorporation or letters patent, by..1aws, etc,) which Indicate the full and proper name of the organization as well as the proper signatories to the agreement. . In the event t,hat your business or organi;zation is not incorporated (I.e. so~ propr/etqrship, : unincorporated association, etc.), please be advised that the individual who signs the agreement on behalf of the business or organization will be assuming perSonal liability for the project. MOfeover, this individual would be subject to all the tenns and conditions set forth in the agreement.. ' " . , Expenditures must be actual cash outlays to third parties that are documented through paid invoices a nd receipts.' Proof of the applicant's ability to cash flow this project may be required: 1. Provide the full legal name of your company/organization. Friends of the Pavilion - AC.O. South Bruce Grev Branch 2. What type is your business/organization? Provide details. Soie Proprietorship D PartnerShip 0 Municipal Corporation 0 Other (speCify) . Non-Profit Omanization Incorporated Company/Organization (specify as to type/statuteljurisdiction) 0 3. 00 you have a parent company? , . address: I Yes. No 0 If yes. please provide name and A.C.O. South Bruce Grev Branch: Jubilee Hall. Walk.l1on. ON NOG 2VO 4. Do you have other related companies? Yes 0 No. If yes, please specify: ~ '1, : Schedule ~ Genetitl Company Information, Confidentiality, Connnt and Certification (Continued) . 5. Attach a list of owners and directors (If applicable) of your company/organization (use a separate. . sf'Jeet). a. Please provide the name and title of individuals legally authorized to sign agreements o~ behalf of . . ~ ;':: ~.:. ;~':!!, . . . .>1 ;~J~.~.f.?~~~nY/Organization. ..' 11'.1i t . ""'.'i!:.,. 1r.;::"~~J' lOG M G b' 'k I.<;~il . In '.I~ja[fl~f. . . j r.' ary . ur In "1 .'....l!f .... i .pl.... '''. I . ... :. :,.; :: .'. . Name: Title: Co..Chalr F.O.T.P. Henry SlmDson Title: President. A,C.O. South Bruce Grey Branch Name;' Titte: 7. Does your company/organization have an interest In any of the companies/organizations listed as project partners? Yes 0 No. If yes, please list separately the project partner, the percentage interest, and whether there are consolidated financial statements available. 8. What is your contribution towards the project? Eligible cash $ 53.000 Inellglblefln--klnd Contribution $ 0 Confidentiality, Con.ent and Certification Confidentiality Application fanns and supporting material submitted to the Province of Ontario will be subject to the. Freedom of Information and Protection of Privacy Act. Any Information submitted in confidence shoUI~ be clearly marked "CONFIDENTIAL. by the applicant. Inquiries about confidentiality should be directed to the Rural Investments Branch. Consent All partners/applicants hereby consent to inspection of their premises and/or documents that pertain to this project as described In the agreement by the Province of Ontario or its designate. Successful ;ar-:-eis/appllcants consent to having their names, funding amounts and short summaries of their :JT'ojects and ~esults made available to the public. Certification I hereby certify to the Province of Ontario that the application and supporting documentation are true and complete in all respects. ~ame (print): Title: Signature: (; A A..v '" . G 11(\4" ,.J (.b ~ (..H A,fl, c; ,..-= L. 0......-~ Date: ~~"O \, ./'".'.' 't ) {~ 'l} J'j Schedule General Company Informationl Confident/BUtyl Consent and Cerllficafic Each applicant/partner must complete this schedule. Under the ,Rural Economic Development program all applicants must share in the risks of the projects invest iJ the project, and have a vested interest in completing the project. For the purposes of this application, individuals or organizations must invest in the project and sIgn the agreement with the Province to bE consIdered an applicant/partner. To sign the agreement, each applicant must: <;;! have joint and several comprehensive general liability insurance with coverage ,for at least $2 million per occurrence. This insurance must show the province (Her Majesty the Queen in right of Ontario) as an additional insured on the policy and contain the endorsements specified by the agreement and is required throughout the term of the agreement. A certificate of insurance from each applicant/partner will be required to be submitted to the Ministry of Municipal Affairs and Housing prior to the signing of an agreement. · prior to the sign1ng. of the agreement, provide to the ministry proof of current status (I.e. certificate of status and constituting documents (Le. articles of incorporation or letters patent, by-laws, etc.) which indicate the full and proper name of the organization as well as the proper signatories to the agreement. In the event that your business or organization is not incorporated (i.e. sole proprietorship, unincorporated assocfation, etc.), please be advised that the individual who signs the agreement on beha/fof the business or organization will be assuming persona/liability for the project. . Moreover, this individual would be subject to all the terms and conditions set forth in the agreement. Expenditures must be actual cash outlays. to third parties that are documented through paid invoices and, receipts. Proof of the applicant's ability to cash flow this project maybe required. 1. Provide the mil lege' name of your company/organization. 7"'- c C ~,r f\ ~r0J, r~. of JI.... ( rn L/VJ ( C t' DC'.. (. J '-I , f. K, v"'\..<:" <:- .. ~,"" ~ . aT 2. What type Is your business/organization? Provide details. Sole Proprietorship 0 Partnership o Municipal Corporation ~ Other (specify) o Incorporated Company/Organization (specify as to typefstatute/jurisdiction) 0 3. Do you have a parent company? Yes 0 No ~es, please provide name and address: 4. Do you have other related companies? Yes 0 No ~es, please specify: if ) '( o b{. S,chedule ~ General Company Information, Confldentlalify, Consent and Certification (Contlnu8f. .8, Attach a list of owners and directorS (if applicable) of your company/organization ,{use a separate sheet): (l, Please provide the, name and title of individuals legally au1:horized to sign agreements on behalf af the ~ompany/organlzation. L ~ L<:' A <i VV'\. ""- '.s 4-: r C' -I, o"J ~ Name:~~ L---___ ~c.<. ~.s c:: v'""\. ,0 I ( Title: Name: Title: Name: Title: Name: Title: 7. Does your company/organization have an interest In any of the companies/organizations listed as project partners? ' VesD No~ If yes, please list separately the proja'ct partner, the percentage interest, and whether there are consolidated financial statements available. 8. What is your contribution towards the project? Eligit:?le cash $ ...J z. 5 ' 0 6 C/ " Ineligible/In-kind Contrib~tion $" ..sOl 0 0 c.-- Confidentiality, Consent and Certification Confidentiality Application forms and supporting material submitted to the Province of Ontario will be SUbject to the Freedom of Information and Protection of Privacy Act. Any information submitted in confidence should be clearly . marked "CONFIDENTIALP by the applicant. Inquiries about confidentiality should be directed to the Rural Investments Branch.. , Consent All partners/applicants hereby consent to inspection of their premises and/or documents that pertain to this project as described in the agreement by the Province of Ontario or Its designate. Successful partners/applicants consent to having their names, funding amounts and short summaries of their projects and results made available to the public. Certification I hereby certify to the Province of Ontario that the application and supporting documentation are true and complete in all respects. Name (print): ~ ~,...., C-_.._ ~C"_ ~ 0 "i e V\. ("""0 (j ~e: CJ^,c<Ci~ ~'"'. s~{\~ If1c~r-_ S~gnlture: _ . \....- ~. c _ ". ........-'1 ~ n: ----'- Date: ---5.........--0.- 'Z.3! CJ Ce ~ Schedule "B" Milestone Schedule In accordance with section 4.0 of the Agreement, the Recipients shall carry out the project in accordance with the time lines and budget provided in the Milestone Schedule (see attached). The Recipients shall also provide to the Ministry the Milestone Submission as set out in Schedule "e" ~ including original invoices and proofs of payment, on the Milestone Due Date provided for in the Milestone Schedule. () ~ o 27 Schedule 4 Projected Milestone Use'one (1) form per milestone. Make additional copies as required. Milestones must be chronological and occur not mGe often than once every six months. For each milestone, itemize the eligible project expenses associated with each ac::tivity. Also indicate the expected results and any information which may affect the project's success. Projected Milestone Dates I Costs I Results Anticipated - ,p,. " ~. ; Cf::scriPtion of Eligible Project ExpenSes by Objn:~e'for It' Projected M.lestone#1 Date Completed: kbv'~1 O~ Eligible Expenses , , , Swilding of exterior walls & installation of rafters Labour $11,000 Material $4,500 Timeframe - 6 working days " TOTALS, $15,500 Rural Economic Development Contribution (Based on %) EXPECTED RESULTS AS OF THIS MILESTONE (List on back if necessary): Exterior worklframing to be completed WHAT HURDLES OR EVENTS CAN AFFECT THE PROJECT'S SUCCESS? Weather issues 27 {~ , } \-) 21 Schedule 4 Projected lIIIilestont use one (1) form per milestone. Make additional copies as required. Milestones mustbe chronological and OCCur not m ore often than once every six months. For each milestone, itemize the eligible project expenses associated with each activity. Also indicate the expected results and any information which may affect the project's success. . Projected Milestone Dates I Costs I Results Anticipated ~scr'Pt,ion, of ~I~gible Project Expenses by ~ective for Projected 3D, ;z.oo~ Eligible Expenses 1VI~lestonq#2 . . Date Completed: c\"f'm p.lllf Installation of plywood sheeting on exterior walls & new roof section Labour $9,000 Material $6.400 Timeframe - 5 working days TOTALS Rural Economic Development Contribution (Based on %) $15,400 EXPECTED RESULTS ~S OF THIS MILESTONE (List on back If necessary): Installation of plywood to be completed WHAT HURDLES OR EVENTS CAN AFFECT THE PROJECT'S SUCCESS? ! Weather issues 28 f) o 2 Schedule ~ Projected Nllleston4 Use one (1) form per milestone.. Make additional copies as required. Milestones mustbe chronological and Occur not r110re often than once every six months. For each milestone, itemize the eligible project expenses associated with each activity. Also indicate the expected results and any information which may affect the project's success. J iH .:, " ':1 (Jascription of Eligible Project Expenses by objective for , " . Projected ~!le~tcine#,3 : Date Completed: JJ1r~mblt!",31.,1colo Eligible Expenses ','., Stripping existing shingles off roof area. Repairing roof where necessary. Installation of Ice.& Water shield where necessary. Cutting vents on roof peak. Installing strapping for new metal roof. Labour $16,000 Material , , $2,300 Timeframe - 10 working days , TOTALS $18,300 Rural Economic Development Contribution (Based on %) Projected Milestone Dates I Costs I Results Anticipated EXPECTED RESULTS AS OF THIS MILESTONE (List on back If necessary): 'I All roofing areas to be ready for new roof. WHAT HURDLES OR EVENTS CAN AFFECT THE PROJECT'S SUCCESS? , Weather issues 29 ,n.. i,J,j ;;-') { ./ Schedule I. Projected MilestOfl Use one (1) form per milestone. Make additional copies as required. Milestones must be chronological and OCCur not ",ore often than once every six months. For each milestone, itemize the eligible project expenses associated with each activity. Also indicate the expected results and any information which may affect the project's success. oescription of Eligible Project Expenses by ~~~ for Projected rw1i1estone# 4 . Date Completed: ~J..1 ~\ -;::;}c.o i1 Eligible Expenses I , I nstallation of new metal roof & soffits. Labour $14,000 Material $20,000 Timeframe - 10 working days Ii TOTALS $34,000 " Rural Economic Development Contribution (Based on %) Projected Milestone Dates I Costs I Results Anticipated EXPECTED RESULTS AS OF THIS MilESTONE (list on back if necessary): New metal roof to be on WHAT HURDLES OR EVENTS CAN AFFECT THE PROJECT'S SUCCESS? 11 Weather issues I 30 f ) - ," o 31 Schedule 4 Projected Milestone Use one (1) tonn per milestone. 'Make additional copies as required. Milestones must be chronological and occur not , m ore often than once every six months. For each milestone, itemize the eligible project expenses associated with each activity. Also ind'icate the expected results and any information which may affect the project's success. Projected Milestone Dates I Costs I Results Anticipated Description of Eligible Project Expenses by ~ective Jor '. " 01 Projected Mile~tone# ,5,' Date Completed: ,,', .,cJ....3I)~.. , Eligible Expenses In~tallation of insulation & weather barrier on all external walls Ii Labour $8,900 I I Material $8,900 Tirneframe - 5 working days " I TOTALS $17,800 Rural Economic Development Contribution (Based on %) !i EXPECTED RESULTS AS OF THIS MILESTONE (List on back If necessary): , i I General weather protection of building completed WHAT HURDLES OR EVENTS CAN AFFECT THE PROJECT'S SUCCESS? Weather issues , II ]] Schedule "e" Milestone Submission In accordance with section 7.0 of the Agreement, the Recipients shall provide to the Ministry the Nilestone Submission (see attached), which includes Part 1 - Statement of Eligible Expanses and Part 2 - Milestone Progress Report, including original invoices and proofs of payment. Milestones shall be provided in accordance with the budget and the Milestone Due Dates provided for in Schedule "B". @ Ontario Part 1 - Statement of Eligible Expenses File4t: Milestone #: Milestone Due Date: Approved Project Costs: $ Approved Percentage: % Description of Eligible Costs for this Milestone Eligible Costs Actual Expenses Paid (as per Scheduled Milestone, Schedule B) for this (attach original paid Milestone invoices) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. TOTALS I hereby certify that these expenditures are supported by original invoices, proofs of payment, and/or other documentation which are attached. I hereby certify that the costs listed in this Statement are accurate, relate to the eligible costs of the project, and that the goods/services have been received and associated expenses paid. I understand that this information is being relied upon by the Government of Ontario to advance funds. Project Representative (please print) Title Signature of Project Representative Date @ Ontario Part 2 - Milestone Progress Report Title of Project: File II : Milestone #: Milestone Date: Milestone Objectives (List): Results of this Milestone (List on back if necessary or attach) What hurdles or events were encountered which may impact on the successful completion of the Project? Schedule "0" Declaration of Tender Process In accordance with section 11.0 of the Agreement, the Recipients shall provide a Declaration of Tender Process (see attached) for each Project related subcontract the cost of which exceeds $25,,000. All evidence (such as requests for proposals and submissions received) of the tendering process must also be submitted with the Declaration of Tender Process. @ Ontario Declaration of Tender Process Record of Tenders (attach a list of additional tenders received if necessary) Nmne: Address: Date Submitted: Amount: Awarded: $ DYes Tel: DNo Name: Address: Date Submitted: Amount: Awarded: $ DYes Tel: DNo Name: Address: Date Submitted: Amount: A warded: $ DYes Tel: DNo Please explain rationale for selection or exemption (attach further information, if necessary): I hereby certify the information provided in this Declaration of Tender Process to be complete and accurate. I understand this information is being relied upon by the Government of Ontario to advance funds. Signature of Project Representative Date Schedule "E" Financial Declaration In accordance with section 7.0 of the Agreement, Recipients must provide an annual Financial Report to the Ministry consisting of a Financial Declaration (see attached) accompanied by a Financial Statement showing all sources and uses of Project funds. The Declaration must be signed by all Rec ipients. Annual Financial Reports are due within 60 days of the Project Anniversary Date. A final Financial Report consisting of a Financial Declaration and a Financial Statement showing all sources and uses of Project funds and signed by all Recipients is due upon project completion. @ Ontario Financial Declaration FINANCIAL DECLARATION I have reviewed and approved the attached Financial Statement for the Project and hereby declare that during the period covered by the Financial Statement. the Recipients were not in breach or violation of any of the terms and conditions contained in the Agreement. (each R.ecipient must sign) Date Recipient signature Date Recipient signature Date Recipient signature Date Recipient signature Attach the Project Financial Statement Schedule "F" Final Proiect Report In accordance with section 7.0 of the Agreement. Recipients must provide a Final Project Report which meets the requirements listed below (see attached). The Ministry will release the 10% Project holdback upon satisfaction that the Recipients have successfully completed the Project and have fully complied with all of the terms and conditions of the Agreement. @ Ontario Final Report Forl11at File j: Proj eet Title: Lead Applicant: Addnss and Phone number: Co-Applicants: Total Value of Project: Eligi ble Expenses: Start Date: Com]lletion Date: Brief Description of Project: Provide a brief description of the Project. Results of the Project: Explain how the project fulfilled each of the objectives. Describe the direct results and indirect outcomes. List the major deliverables (e.g., feasibility studies, new products/services, training programs, incrementally new sales; number of jobs and new investments). Whenever possible use numeric indicators of results. If an objecti ve was not fulfilled, please explain the circumstances. Indicate any other unexpected results of the project. Benefits of the Project 1. Project partners/applicants 2. Other identified stakeholders 3. Local and regional rural communities 4. Ontario Final Financial Report: Provide a Financial Statement showing all sources and uses of funds for the entire project. This Financial Statement must be accompanied by a Financial Declaration signed by all Recipients, as set out in Schedule "E". Sources and uses of funds should be compared against those planned. Applicant Signature and Date: