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HomeMy WebLinkAbout10 127 Green Municipal Fund Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE 1' _ `�7PJ `• BY -LAW NO. 2010 -127 BEING A BY -LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE FEDERATION OF CANADIAN MUNICIPALITES (FCM) AS TRUSTEE OF THE GREEN MUNICIPAL FUND WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to • enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Government of Canada (GoC) and FCM have established the Green Municipal Fund (GMF) to assist municipalities in Canada with municipal environmental projects and to provide f= grants for feasibility studies, sustainable community plans and field tests respecting such proposed projects; AND WHEREAS FCM, in its capacity as trustee of GMF, has agreed to provide the Recipient with a grant for use by the Municipality of Kincardine solely for the sustainable community plan described in the attached Agreement; AND WHEREAS this Agreement defines the terms for the administration and, remittance of the grant by FCM to the Municipality of Kincardine and use of the grant by the Municipality; • AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it advisable to enter into an Agreement with the Federation of Canadian Municipalities, attached hereto as Schedule "A "; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into an Agreement with the Federation of Canadian Municipalities for funding under the Green Municipal Fund for the sustainable community plan described in the attached Agreement. 2. That the Mayor and Chief Administrative Officer be authorized and directed to sign and execute, on behalf of the Council of The Corporation of the Municipality of Kincardine, the Agreement with the Federation of Canadian Municipalities, attached hereto as Schedule "A" and forming part of the By -law and to affix the corporate seal. • ...12 Page 2 Green Municipal Fund Agreement By -law By -law No. 2010 - 127 3. That this By -law shall come into full force and effect upon receipt by the • Municipality of Kincardine of a duly signed copy of the Agreement with the Federation of Canadian Municipalities. 4. This By -law may be cited as the "Green Municipal Fund Agreement By -law ". READ a FIRST and SECOND TIME this 6 day of October, 2010. 1 -- Mayor Clerk READ a THIRD TIME and FINALLY PASSED this 6 day of October, 2010. 10PA • _ — `'hwt,3ouc�� . Mayor Clerk a • • • GREEN MUNICIPAL FUND (GMF) Plan no.: 10316 Plan Title: Municipality of Kincardine — Great Energy, Balanced Life, Sustainable Future Grant Agreement Sustainable Community Plan Between THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE - and - FEDERATION OF CANADIAN MUNICIPALITIES, as Trustee of the Green Municipal Fund This document is not an offer to enter into a contract and, until executed by all parties, it is not a contract. GMF Plan no.: 10316 GRANT AGREEMENT THIS AGREEMENT is made as of the 13 day of September 2010. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (herein called "Recipient ") -and - FEDERATION OF CANADIAN MUNICIPALITIES, as Trustee of the Green Municipal Fund (herein called "FCM ") WHEREAS: (a) the Government of Canada (herein called "GoC ") and FCM have established the Green Municipal Fund (herein called "GMF ") to assist municipalities in Canada with municipal environmental projects and to, inter alia, provide grants for feasibility studies, sustainable community plans and field tests respecting such proposed projects; . (b) the GoC has funded GMF, which is being administered by FCM as trustee thereof; . (c) FCM, in its capacity as trustee of GMF, has agreed to provide the. Recipient with a grant for use by the Recipient solely for the sustainable community plan described in this Agreement; and (d) this Agreement contains the terms for the administration and remittance of the grant by FCM to the Recipient and the use of the grant by the Recipient. NOW THEREFORE, the parties hereby agree as follows: ARTICLE 1 DEFINITIONS AND SCHEDULES Section 1.01 Definitions. Whenever used in this Agreement and unless the context otherwise requires, the following terms have the following meanings: "Authorizing By - law(s)" has the meaning provided in Section 4.01; "Business Day" means a day of the year other than a Saturday or Sunday or a statutory holiday observed in the Province of Ontario; "Contribution" means, in the aggregate, the parts of the Grant Amount advanced by FCM to the Recipient as provided in this Agreement; "Eligible Costs" has the meaning provided in Part 2 of Schedule A; Page2of33 "Final Plan" or "Plan" means the sustainable community plan described in Part 1 of Schedule A. "First Contribution" has the meaning provided in Section 2.05; "GAAP" means the generally accepted accounting principles for local governments as recommended, from time to time, by the Public Sector Accounting Board of the Canadian Institute of Chartered Accountants; "Grant" means the grant of funds by FCM to the Recipient as contemplated by this Agreement; "Grant Amount" means the amount to be advanced by FCM on account of the Grant up to the maximum amount set forth in Section 2.02; "Material Change" means any change: (a) to the description of the Plan as provided in Part 1 of Schedule A; (b) to the description of the Plan costs as provided in Part 2 of Schedule A; and (c) to the details of the sources of funding as provided in Part 3 of Schedule A. "Plan Completion Date" has the meaning provided in Section 2.03; "Plan Completion Report" means the plan completion report attached hereto as Schedule E; "Progress Report" means the report attached hereto as Schedule D; "Request for Contribution" means the request for contribution attached hereto as Schedule B; "Second Contribution" has the meaning provided in Section 2.05. Section 1.02 Schedules. The following annexed Schedules form part of this Agreement: Schedule A: Part 1: Description of the Plan (see definition of "Final Plan" and Section 2.01) Part 2: Description of Plan Costs (see definition of "Eligible Costs" and Section 3.01(d)) Part 3: Particulars of the Sources of Funding Schedule B: Form of Request for Contribution (see Section 2.05 and Section 3.01(b) and Section 3.02(d)) Schedule C: Form of Certificate of Incumbency and Authority (see Section 3.01(c)) Schedule D: GMF Reporting Submissions - Progress Report and Checklist (see Section 3.01(a)) Schedule E GMF Reporting Submissions - Plan Completion Report and Checklist. (see Section 3.02(c)) Page 3 of 33 Section 1.03 Interpretation. In this Agreement: (a) the division into Sections and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of this Agreement; (b) the expressions "hereof', "herein ", "hereto", "hereunder ", "hereby" and similar expressions refer to this Agreement and not to any particular portion of this Agreement; and (c) unless specified otherwise or the context otherwise requires: (i) references to any Section are references to the Section of this Agreement; (ii) "including" or "includes" means "including (or includes) but is not limited to" and shall not be construed to limit any general statement preceding it to the specific or similar items or matters immediately following it; (iii) references to any legislation, statutory instrument or regulation or a section thereof, unless otherwise specified, is a reference to the legislation, statutory instrument, regulation or section as amended, restated and re- enacted from time to time; (iv) references to currency or to "$" shall be to lawful currency of Canada; and (v) words in the singular include the plural and vice -versa and words in one gender include all genders. ARTICLE 2 THE GRANT • Section 2.01 Grant Purpose. FCM is providing the Grant to the Recipient for the sole purpose of assisting the Recipient in the preparation of the Plan. Section 2.02 Grant Amount. Subject to and in accordance with the terms and conditions of this Agreement and in reliance upon the representations, warranties and covenants of the Recipient hereinafter set forth, FCM agrees to contribute towards the Eligible Costs an amount that is equal to the lesser of: (i) the sum of thirty eight thousand five hundred dollars ($38,500); or (ii) fifty percent (50 %) of Eligible.Costs. Section 2.03 Plan Completion Date. The Recipient anticipates that the Plan will be completed by no later than the ls` day of April, 2012 (the "Plan Completion Date "). As contemplated by Section 5.03 the Recipient shall inform FCM as soon as it becomes aware that the Plan is not likely to be completed by such date. Section 2.04 Grant Expiration Date. If the Recipient fails to meet the conditions of Contribution set forth in ARTICLE 3, including delivering the Plan Completion Report within two (2) years from the date of this Agreement, and /or fails to request the Contributions as provided for in Section 2.05 then FCM may, at its sole and absolute discretion and on notice to the Recipient, forthwith terminate this Agreement including any obligation to provide the Grant and/or make any or all of the Contributions. _ Section 2.05 Contributions. The Recipient shall request the advance of each of the First Contribution or the Second Contribution by delivering to FCM a completed Request for Contribution in the form of Schedule B, at least thirty (30) days before the date of the Contribution set out therein, which date shall be a Business Day (in respect of the First Contribution, the "First Contribution Date ", in respect of the Second Contribution, the "Second Contribution Date ", and each is a "Contribution Date "). Provided Page 4 of 33 that the conditions of Contribution set forth in ARTICLE 3 have been met when the Recipient submits the Request for Contribution, FCM shall advance the Grant Amount to the Recipient as follows: (a) As to the conditions set out in Section 3.01, the amount of the First Contribution shall be the lesser of (the "First Contribution "): (1) the sum of nineteen thousand two hundred fifty dollars ($19,250); or (ii) fifty percent (50 %) of Eligible Costs. (b) As to the conditions set out in Section 3.02, the amount of the Second Contribution shall be the lesser of (the "Second Contribution "): (i) the sum of nineteen thousand two hundred fifty dollars ($19,250); or (ii) fifty percent (50 %) of Eligible Costs. ARTICLE 3 CONDITIONS OF CONTRIBUTION OF THE GRANT Section 3.01 Conditions of First Contribution of the Grant. Subject to Section 2.05, the obligation of FCM to remit the First Contribution is conditional upon the following conditions being satisfied by no later than the 29 day of July, 2011 (as may be extended by FCM, in its discretion): (a) the Recipient has completed and submitted to FCM a Progress Report in the form of Schedule D that describes the current status of each of the conditions and terms listed in Part 1 of Schedule A, and shall have obtained FCM approval of the report thereafter; (b) the Recipient has delivered to FCM, by no later than thirty (30) days prior to the requested date of Contribution, a completed Request for Contribution in the form of Schedule B; (c) the Recipient has delivered to FCM a copy of the Certificate of Incumbency and Authority in the form of Schedule C; (d) the Recipient has delivered to FCM a statement of expenses, confirming, in a manner satisfactory to FCM, the Eligible Costs incurred by the Recipient in relation to the Plan and confirming that the Grant will be used for the purposes set forth in Section 2.01, together with copies, of supporting invoices and receipts with accompanying back -up documentation. Also, if the Recipient is claiming an in -kind contribution on account of salaries, fees or remuneration as part of the Eligible Costs, the Recipient shall have delivered to FCM the documentation described in Note 2 of Part 2 of Schedule A; (e) the Recipient has delivered to FCM evidence in form and substance acceptable to FCM, confirming that each of the sources of funding described in Part 3 of Schedule A has contractually agreed on the conditions and amount of its funding of the Plan; (f) the Recipient has delivered to FCM confirmation satisfactory to FCM that the following conditions have been satisfied: No additional conditions imposed. Each of the foregoing conditions is included for the benefit of FCM and may be waived in whole or in part at FCM's sole discretion by notice to the Recipient. Page 5 of 33 Section 3.02 Conditions of Second Contribution of the Grant. Subject to Section 2.05, the obligation of FCM to remit the Second Contribution is conditional upon the following conditions being satisfied by no later than the 31 day of March, 2012 (as may be extended by FCM, in its discretion): (a) the prior Contribution has taken place; (b) the Recipient has completed and submitted to FCM an electronic copy of the Final Plan; (c) the Recipient has completed and submitted to FCM a Plan Completion Report in the form of Schedule E that describes the status of each of the conditions and terms listed in Part 1 of Schedule A, and shall have obtained FCM approval of the report thereafter; (d) the Recipient has delivered to FCM, by no later than thirty (30) days prior to the requested date of Contribution, a completed Request for Contribution in the form of Schedule B; (e) the Recipient has delivered to FCM, a proof of council approval of the Plan; (f) the Recipient has delivered to FCM a statement of expenses, confirming, in a manner satisfactory to FCM, the Eligible Costs incurred by the Recipient in relation to the preparation of the Plan and confirming that the Grant will be used for the purposes set forth in Section 2.01, together with . copies of supporting invoices and receipts with accompanying back -up documentation. Also, if the Recipient is claiming an in -kind contribution on account of salaries, fees or remuneration as part of the Eligible Costs, the Recipient shall have delivered to FCM the documentation described in Note 2 of Part 2 of Schedule A. Each of the foregoing conditions is included for the benefit of FCM and may be waived in whole or in part at FCM's sole option by notice to the Recipient. ARTICLE 4 REPRESENTATIONS AND WARRANTIES • Section 4.01 Representations and Warranties. The Recipient represents and warrants that: (a) it is duly established' under the laws of the Province of Ontario and has the legal power and authority to enter into, and perform its obligations under, this Agreement and the Plan; (b) this Agreement has been duly authorized and executed by it and constitutes a valid and binding obligation of it, enforceable against it in accordance with its terms; (c) neither the making of this Agreement nor the compliance with its terms and the terms of the Plan will conflict with or result in the breach of any of the terms, conditions or provisions of, or constitute a default under any indenture, debenture, agreement or other instrument or arrangement to which the Recipient is a party or by which it is bound, or violate any of the terms or provisions of the Recipient's constating documents or any license, approval, consent, judgment, decree or order or any statute, rule or regulation applicable to the Recipient; (d) the by- law(s) of the Recipient authorizing the preparation of the Plan and this Agreement (the "Authorizing By law(s) ") have been enacted and passed by the Council of the Recipient in full compliance with applicable laws and regulations at meetings at which a quorum was present; Page 6 of 33 (e) no application has been made or action brought to quash, set aside or declare invalid the Authorizing By- law(s) nor have the same been in any way repealed, altered or amended, and such Authorizing By- law(s) are now in full force and effect; (f) the Recipient is not subject to any restructuring order under any applicable statutory authority; (g) no litigation, arbitration or administrative proceedings are current or pending or have been threatened, and so far as the Recipient is aware no claim has been made, which is likely to have an adverse effect on its preparation of the Plan or its compliance with its obligations under this Agreement; (h) the Recipient owns all right, title and interest, including all intellectual property rights, in and to all reports and other documents prepared in connection with this Agreement or the Plan by or on behalf of the Recipient and has sole and exclusive rights to the use thereof. Any person involved in the preparation of such reports and other documents has executed and delivered to the Recipient a written agreement which effects the assignment to the Recipient of all right, title and interest therein, including all intellectual property rights, and provides that such person has waived all its non - assignable rights (including moral rights) therein; and (i) no report or other document prepared in connection with this Agreement or the Plan by or on behalf of the Recipient infringes upon any of the intellectual property rights of any other person and the Recipient has not received any charge, complaint, claim, demand, or notice alleging any interference, infringement, misappropriation or violation of the intellectual property rights of any other person, nor does the Recipient know of any valid grounds for any bona fide claims. ARTICLE 5 COVENANTS Section 5.01 Affirmative Covenants. Unless FCM shall otherwise agree in writing: (a) the Recipient covenants and agrees that it shall use the Grant only for the preparation of the Plan; (b) the Recipient covenants and agrees that it shall carry out the preparation of the Plan and conduct the activities thereof in compliance with all applicable laws and regulations and, without restricting the generality of the foregoing, in compliance with all applicable environmental, health and safety laws of the Province of Ontario and of Canada; (c) the Recipient covenants and agrees that it shall conduct the preparation of the Plan with due diligence and efficiency and in accordance with sound engineering, financial and business practices; maintain its accounts, management information and cost control system and books of accounts adequately to reflect truly and fairly the financial condition of the preparation of the Plan and to conform to GAAP; (d) upon FCM's request with reasonable prior notice thereto, the Recipient covenants and agrees that it shall permit representatives of FCM, during its normal office hours, to have access to its books of accounts and records relating to the Plan and permit FCM to communicate directly with, including the receipt of information from, its external auditors regarding its accounts and operations relating to the preparation of the Plan; and Page 7of33 (e) the Recipient shall own all right, title and interest, including all intellectual property rights, in and to all reports and other documents prepared in connection with this Agreement or the Plan by or on behalf of the Recipient and shall have sole and exclusive rights to the use thereof. The Recipient shall ensure that any person involved in the preparation of reports and other documents in connection with this Agreement or the Plan owns all right, title and interest, including all intellectual property rights, in the materials which they prepare for the Recipient, has executed and delivered to the Recipient a written agreement which effects the assignment to the Recipient of all such right, title and interest therein, including all intellectual property rights, and provides that such person has waived all its non- assignable rights (including moral rights) therein. Section 5.02 Negative Covenants. Unless FCM shall otherwise agree in writing, the Recipient shall not: (a) use the Grant for expenditures that are not Eligible Costs; (b) make any Material Change to the nature or scope of the Plan or carry out the preparation of the Plan in a manner which materially differs from that described in Schedule A hereof; (c) sell, assign, transfer, lease, exchange or otherwise dispose of, or contract to sell, assign, transfer, lease, exchange or otherwise dispose of, any of the properties, whether movable or immovable, relating to the Plan, whether now owned or hereafter acquired, and whether to a private sector partner of it or otherwise, except if provided for in Schedule A. Section 5.03 Ongoing Information and Notice Requirements. The Recipient shall provide to FCM the following information, in a form and substance satisfactory to FCM: (a) prompt notice of any change to the Plan Completion Date as set out in Section 2.03; (b) prompt notice of any proposed change in the nature or scope of the legal status of the Recipient; (c) prompt notice of any act or thing which does or may materially and adversely affect the Plan or the ability of the Recipient to perform its obligations under this Agreement and the Plan; (d) prompt notice of any litigation or administrative proceedings, together with copies of any written legal documents as FCM may request, before any court or arbitral body or other authority which might materially and adversely affect the preparation of the Plan or the ability of the Recipient to perform its obligations under this Agreement and in respect of the Plan; (e) immediate notice of the occurrence of any Event of Default relating to it specifying the nature of such Event of Default, and the steps, if any, that it is taking to remedy the same; and (f) such other information as FCM may from time to time reasonably request from it by notice to it. ARTICLE 6 EVENTS OF DEFAULT Section 6.01 Events of Default. The following events are "Events of Default ": (a) default shall have occurred in the performance of any covenant, agreement or undertaking of the Recipient contained in this Agreement, and any such default shall have continued for a period of Page8of33 not Tess than fifteen (15) days after notice thereof shall have been given to the Recipient, as applicable, by FCM; (b) any representation or warranty confirmed or made in ARTICLE 4 or in a Request for Contribution under this Agreement or in connection with the execution and implementation of this Agreement or in connection with the Plan, is found to have been incorrect or misleading; (c) if control and charge over the administration of all the affairs of the Recipient are vested in any person other than the Recipient; and (d) if any act or thing which, in the determination of FCM, does or may materially and adversely affect the preparation of the Plan or the ability of the Recipient to perform its obligations under this Agreement and the Plan has occurred or may occur. Section 6.02 Remedies. Upon the occurrence of an Event of Default, FCM may by notice to the Recipient: (a) terminate this Agreement; Section 6.03 Saving of Rights. No course of dealing and no delay in exercising, or omission to . exercise, any right, power or remedy accruing to FCM upon any default under this Agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or any acquiescence therein; nor shall the action of FCM in respect of any such default, or any acquiescence by it therein, affect or impair any right, power or remedy of FCM in respect of any other default. ARTICLE 7 MISCELLANEOUS PROVISIONS Section 7.01 Publications. (a) The Recipient shall recognize and state in an appropriate manner, as approved by FCM, the financial assistance offered by GMF concerning the preparation of the Plan and the contribution of the GoC to the GMF; (b) The Recipient shall incorporate the following language into the reports that it produces in connection with the Plan, unless it has received written notice to the contrary from FCM: "© 20XX, The Corporation of the Municipality of Kincardine. All Rights Reserved. The preparation of this sustainable community plan was carried out with assistance from the Green Municipal Fund, a Fund financed by the Government of Canada and administered by the Federation of Canadian Municipalities. Notwithstanding this support, the views expressed are the personal views of the authors, and the Federation of Canadian Municipalities and the Government of Canada accept no responsibility for them." (c) The Recipient grants FCM a perpetual, non- exclusive, non - transferable and royalty-free license to use, reproduce, distribute, modify, adapt, change formats, display and translate all reports, documents or other information which is prepared and /or delivered by or on behalf of the Page 9 of 33 Recipient to FCM pursuant to this Agreement in furtherance of the goals and objectives of the FCM and/or the GMF. • Section 7.02 Communication. The Recipient shall comply with any guidelines for the planning of communications and the respective roles of the Recipient and of FCM in the coordination and implementation of a communication strategy relating to the Plan, during the term of this, Agreement and for five (5) years following termination hereof. The Recipient also agrees to cooperate in providing reasonable information on the Plan to other interested persons. Section 7.03 Notices and Requests. Any notice, demand, request or other communication to be given or made under this Agreement to FCM or to the Recipient shall be in writing and may be made or given by personal delivery, by ordinary mail, by facsimile or by electronic mail addressed as follows: To the Recipient: The Corporation of the Municipality of Kincardine 1475 Concession #5 Kincardine, ON N2Z 2X6 Attention: Mr. Stephen Murray Manager of Economic Development & Tourism • telephone: 519- 396 -3468 • by facsimile: 519- 396 -8288 • by electronic mail: smurray @kincardine.net Alternate Contact: Attention: Mr. John deRosenroll Chief Administrative Officer • telephone: 519- 396 -3468 • by facsimile: 519- 396 -8288 • by electronic mail: •cao @kincardine.net To FCM: Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario K1N 5P3 Attention: Ms. Nathalie Lapointe Project Officer - Contracts • telephone: 613- 907 -6261 • by facsimile: 613- 244 -1515 • by electronic mail: nlapointe @fcm.ca Page I of 33 Any notice, demand, request or other communications made or given by personal delivery shall be deemed to have been made or given on the day of actual delivery thereof, and if made or given by ordinary mail, on the 3` Business Day following the deposit thereof in the mail, and if made or given by facsimile transmission or by electronic mail, on the 1st Business Day following the transmittal thereof. If the party giving any notice, demand, request or other communications knows or reasonably ought to know of any difficulties with the postal system that might affect the delivery of mail, such notice, demand, request or other communications shall not be mailed, but shall be given by personal delivery, facsimile transmission or electronic mail. Section 7.04 Release and Indemnification by the Recipient. The Recipient acknowledges and agrees that: (a) By accepting or approving anything required to be accepted or approved pursuant to this Agreement or the Plan, FCM shall not be deemed to have warranted or represented the accuracy, sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance or approval thereof shall not constitute a warranty or representation to anyone with respect thereto by FCM. re agents, (b) The Recipient releases and forever discharges FCM and its directors, s, officers servants and employees from any claims, demands, proceedings, losses, damages, liabilities, deficiencies, costs and expenses arising out of or in consequence of any loss, injury or damage to the Recipient or its property in any way relating to this Agreement and /or the Plan. (c) The Recipient agrees to indemnify and save harmless FCM and its directors, officers, agents, servants and employees from all claims, demands, proceedings, losses, damages, liabilities, deficiencies, costs and expenses (including, without limitation, all legal and other professional fees and disbursements, interest, penalties and amounts paid in settlement) arising directly or indirectly as a consequence of such matter suffered or incurred by FCM and its directors, officers, agents, servants and employees as a result of or arising directly or indirectly out of or in connection with: (i) the preparation of the Plan; (ii) any act of, or failure to act by, the Recipient or its directors, officers, agents, servants or employees; (iii) any inaccuracy of any representation or warranty contained in this Agreement or in any agreement, instrument, certificate or other document delivered pursuant hereto; (iv) any breach or non - performance by the Recipient of any covenant to be performed by it that is contained in this Agreement or in any agreement, certificate or other document delivered pursuant hereto; and (v) any breach or alleged breach by the Recipient of the intellectual property rights of any person, and, without limiting the generality of the foregoing, FCM shall not be liable for any bodily injury, death or property damage of any person or any claim against the Recipient or its directors, officers, agents, servants or employees by which FCM may be made or attempted to be made a party and any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit to the Recipient or its directors, officers, agents, servants or employees arising out of or in any way related to this Agreement or the Plan. (d) The Recipient shall be solely and fully responsible for the preparation and completion of the Plan or any element thereof. FCM shall not be responsible in any way whatsoever for the preparation and completion of the Plan or any element thereof. The Recipient acknowledges and agrees that it shall be responsible for all acts of its directors, officers, agents, servants and employees and that all such acts shall be treated as acts of the Recipient for the purposes of this Agreement. Page 11 of 33 Section 7.05 FCM's Limited Liability. FCM has executed this Agreement solely in its capacity as Trustee of the GMF and not in its own capacity. Accordingly, recourse with respect to any liability or obligation of FCM in connection with this Agreement shall be limited only to the property and assets of the GMF and neither FCM nor any director, officer, agent, servant or employee thereof shall have any personal liability therefor. Section 7.06 Further Assurances. The Recipient shall promptly execute and deliver, upon request by FCM, all such other and further documents, agreements, opinions, certificates and instruments as may be reasonably required by FCM to more fully state the obligations of either party to this Agreement or to make any recording, file any notice or obtain any consent. Section 7.07 Amendment. Any amendment of any provision of this Agreement, including the Schedules, must be in writing and signed by both parties. Section 7.08 Choice of Language. It is the express wish of the parties that this Agreement and any related documents be drawn up and executed in English. Les parties reconnaissent avoir exige que la presente convention et tous les documents connexes soient rediges en anglais. Section 7.09. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Section 7.10 Choice of Forum. The parties hereto agree and intend that the proper and exclusive forum for any litigation of any disputes or controversies arising out of or related to this Agreement shall be a Court of competent jurisdiction located in the Province of Ontario, City of Ottawa. Section 7.11 Effectiveness. This Agreement shall continue in force until such time as FCM has received, and notified the Recipient of its satisfaction with, the Final Plan and the Plan Completion Report or until this Agreement has been terminated in accordance with Section 2.04 or Section 6.02, whichever shall first occur. Section 7.12 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, except that the Recipient may not assign or otherwise transfer all or any part of its rights or obligations under this Agreement without the prior written consent of FCM. Section 7.13 Severabilitv. In the event that any part of a.provision(s) of this Agreement is (are) held to be invalid, unenforceable, or void, such provision(s) shall, by the adjudicating body, be applied to the fullest extent possible and shall be read -down only to the extent absolutely necessary to comply with applicable law. If any provision(s) of this Agreement is (are) held to be invalid, unenforceable, or void, such provision(s) shall be severed from the rest of the Agreement. The fact that part of a provision(s) or an entire provision(s) has (have) been held to be invalid, unenforceable, or void such determination shall not affect the validity and enforceability of any other remaining provisions. Section 7.14 Waiver of Rights. Except as expressly provided in this Agreement, any waiver of, or consent to depart from, the requirements of any provision of this Agreement shall be effective only if it is in writing and signed by the party giving it, and only in the specific instance and for the specific purpose for which it has been given. No failure on the part of a party to exercise, and no delay in exercising, any right under this Agreement shall operate as a waiver of such right. No single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other right. Page 12 of 33 Section 7.15 Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior correspondence, agreements, negotiations, discussions and understandings, if any, written or oral. Section 7.16 Audit. FCM reserves the right, at its own expense, to audit compliance by the Recipient with this Agreement at any time. Section 7.17 Counterparts. This Agreement may be executed in two counterparts and, in such case, each such counterpart shall be deemed an original, but both of which together shall constitute one and the same agreement. ARTICLE 8 SURVIVAL Section 8.01 Survival. The provisions of ARTICLE 7 shall survive the termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement as of the date first above written. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE sco r, , _ per: 1..— .. �- 2 John Ros nroll, Chief Administrative Officer- per: ---- _ Larry rae Mayor _ - We have aut , ity to bind the Recipient herein. _ _ - ' FEDERATION OF CAN : • MUNICIPALITIES, as Trus - - oft Green , unicipal Fund per: Mr. O no r ers, Director, National Programs I have au,,J,rity to bind FCM herein , Page 13 of 33 SCHEDULE A Part 1: Description of the Plan (see definition of "Plan" and Section 2.01) The Municipality of Kincardine is located along the east shore of Lake Huron, within the County of Bruce. Kincardine through government amalgamation in 1999, is now a municipality comprised of a small town, small villages, hamlets and two townships. With a combined population base of approximately 12,000 people, the Municipality of Kincardine is located approximately 190 kilometers (118 miles) northwest of Toronto. Its key industry is dominated by Bruce Power and includes various forms of tourism, energy, agricultural, retail and service businesses. The municipality is moving forward with a number of activities that will serve as "inputs" into developing a comprehensive ICSP including the development of its 2010 Community Plan, and reviewing an appropriate economic development corporation operational structure and strategic plan. In the development of their ICSP, the municipality will integrate existing initiatives, predicated on understanding and developing sustainable activities around the three core community themes (economic, environment and social). These themes have their own inherent internal and external influential forces that impact the community. Understanding trends and issues pertaining to climate change, energy supply, pricing, demographic, competitive forces, sustainable trends and economic /recession factors are forces that influence the development of sustainable practices. These issues need to be understood and communicated to the community to engage citizen involvement, establish clear and positive actions and este b�.ish :community resiliency and programs to assist with adapting to a changing environment, = continuous imprpvement and a sustainable direction. -.Throughthe guidati and leadership of the Sustainable Action Committee, Municipal Council and key } partners: X11 assist %with identifying the sustainable actions, targets, performance measures and - implementation_p pgrams. This coordinated community-based movement will lead to community ICSP "buy -in" and_-community endorsement. A formal Communications Plan will be used to keep the public both. informed involved with its proposed actions. As part of the community Asset Mapping process, cotnmun sb'ets, various policies, studies, Official Plan and Zoning documents and pertinent municipal by -laws will be reviewed to determine their impact against the direction taken during the development of the ICSP. An initial public "kick -off' meeting will be conducted to inform the public of the ICSP project and intended outcomes and to establish ongoing dialogues for the duration of the development of the ICSP. Other work plan activities and methodology include: Milestone Activity Vision • Establish "draft" ICSP mission, vision, goals, objectives, targets framework • Prepare monthly ICSP status reports for Municipal Council and SAC • Prepare framework of ICSP project Plan Current • Finalize development of ICSP baseline and target measurement criteria (Baseline Situation data collection will be conducted by Municipality as in -kind) • Conduct SWOT analysis of background data, Asset Map, 2010 Community Plan and other supporting documentation • Develop criteria and framework of remaining ICSP Subsidiary Plans (Communications Plan, Community Risk Management Plan, and Implementation and Monitoring Plan • Prepare and deliver preliminary findings to Municipal Council and inform the public of planned workshops and consultations Page 14 of 33 Action Plan • Deliver 3 "theme" based community workshop consultations • Develop community questionnaires and conduct one -on -one interviews with key community stakeholders • Consolidate community input and reconfirm goals, targets, vision, mission statements • Finalize Project Identification Filter System and ICSP Monitoring criteria and system Implementation • Develop ICSP Implementation Plan to include ICSP 1-IR resources, financial and resources, time lines, project output scheduling, monitoring requirements against Monitoring ICSP targets, goals and objectives • Complete and circulate final "draft" of ICSP for stakeholder and SAC comments and review • Complete ICSP project implementation and phasing matrix • Complete ICSP communication materials, brochures, Municipal ICSP web site development and "Quick Guide" to ICSP for public circulation Reporting • Present final ICSP findings to SAC and Municipal Council • Identify learned processes and actions required for consideration of future Municipal project development through a SAC debriefing Approval • Obtain final approval of ICSP from SAC and Municipal Council The Municipality of Kincardine is one of the first community's located within Bruce County to develop an ICSP. The Municipality recognizes the importance of community sustainability not just to its own community, but others located within Bruce County. The entire ICSP process will be documented in a manner to include its planning processes, tools & techniques used. It's important that other communities develop their own ICSP's and that a posture of continuous improvement with their own planning processes can evolve from their developed ICSP. ICSP planning information will be made available for down loading from the municipal web site or through direct request to municipal staff. A. The preparation of the Plan will proceed as per the description above and in accordance with the conditions set out in ARTICLE 3. B. The Progress Report shall be completed and submitted in accordance with Schedule D: Progress Report and Checklist. C. The Completion Report shall be completed and submitted in accordance with Schedule E: Plan Completion Report and Checklist. Page 15 of 33 SCHEDULE A Part 2: Description of Plan Costs (see definition of "Eligible Costs" and Section 3.01(d)) Summarize the Plan's total costs' as follows: Eligible Cost Items Services; Meetings and Group facilitation planning (3 community ICSP Public Gatherings; theme -based workshops), Municipal and $6,000 Supplies and Materials; community meetings, one -on -one interviews and Administrative Costs questionnaires Services; Supplies sand Communication materials development, Materials; Administrative brochures, "ICSP Quick Guide ", Municipal web $10,000 Costs site enhancements and questionnaires Services; Meetings and Project planning activities, project plan, project Public Gatherings; initiation, SWOT analysis, planning meetings $10,000 Administration Costs Subsidiary ICSP Plan(s) development $10,000 • Services Communications materials "content development $10,000 ICSP document development $18,000 Services: Meetings and Public Gatherings; Implementation plan development & project $6,000 Supplies and Materials; closeout activities Administrative Costs Subtotal — Eligible Costs $70,000 Allowable In -Kind Contribution In -Kind Staff time $7,000 Subtotal — Allowable In -Kind Contributions $7,000 Total Eligible Costs' $77,000 Ineligible Cost Items In -kind BIA and Chamber of Commerce workshop $10,000 assistance and ICSP planning contributions Total Ineligible Costs $10,000 Plan Total Costs $87,000 1. The expenditures claimed are subject to audit by FCM. The amounts contributed by the GMF may vary as a consequence. No expenditure incurred prior to January 11, 2010 is permitted to be included as an Eligible Cost. 2. The following criteria were developed to help FCM determine whether to accept an application by the Recipient to have an in -kind contribution on account of salaries, fees or remuneration included as an Eligible Cost. The value of the Plan's total in -kind contributions on account of salaries, fees or remuneration cannot exceed 10% of the sub - total Eligible Costs (Note: the value of such accepted in -kind contributions shall be included in determining the value of the total Eligible Costs.). Page 16 of 33 Eligible and Ineligible Costs for Sustainable Community Plans In order to be eligible for reimbursement: 1. Back -up documentation is required for ail expenses submitted over $10 (examples: sub - contractor invoices, travel expenses claims, timesheets, etc,) 2. All expenses must be invoiced directly to the lead applicant. Any invoices that are not invoiced directly to the lead applicant will not be reimbursed. Services: Eligible Costs: Fees for professionals, consultants and contractors performing work towards the preparation of the Plan (including preparation of GMF application) are eligible expenses, provided that the fees are not associated with individuals who are on the payroll of the Recipient. Ineligible Costs: Any expenses listed as overhead are not eligible. Any costs associated with person(s) enrolled on the Recipient's payroll are ineligible, except for those defined under the category listen as "In- Kind ". Supplies and Materials: Eligible Costs: Supplies and materials which are specifically needed to undertake the approved activity are eligible, provided that they are procured from outside suppliers and used exclusively for the preparation of the Plan. Ineligible Costs: Overhead expenses such as general office supplies and furniture are ineligible. Equipment: Eligible Costs: The rental of tools and equipment is eligible if the rental is specifically needed to undertake the approved activity. Ineligible Costs: Purchase of equipment is ineligible unless it is less expensive than the rental. FCM pre - approval is required for the purchase of equipment. Travel and Accommodation: Eligible Costs: Travel and accommodation for external consultants whose expertise is required for carrying out the preparation of the Plan will qualify to the extent that the Travel and Accommodation rates comply with Treasury Board of Canada guidelines. Ineligible Costs: Travel, accommodation and any fees associated with attending conferences, missions, trade shows, etc, are not eligible. Any travel and accommodation expenses associated with the lead applicant or the Plan Partner(s) is ineligible. Transportation, Shipping and Courier Charges: Eligible Costs: Transportation costs for delivery of materials and services essential for the preparation of the Plan. The costs must be reasonable and cannot combine or be an outcome of other activities not related to the Plan Page 17 of 33 • Ineligible Costs: Any transport expense that is a direct result of on -going business activity and not a specific requirement for the Preparation of the Plan is ineligible. For example, on a waste Plan, the waste collection and delivery to a facility located in proximity of a waste disposal site would not qualify as the waste collection is a regular activity happening regardless of the Plan. Meetings and Public Gatherings: Eligible Costs: Those reasonable costs related to meetings and discussions that are essential for the activity. Examples include meeting costs associated with public gatherings that serve the objective of communicating the preparation of the Plan to the public & outside stakeholders (room rental, show services such as rental of video equipments, tables, chairs) and collecting feedback (internet and costs related to website development). Ineligible Costs: Any hospitality expenses (Examples include food and drinks, door prizes, alcohol, entertainment, music, decorations, flowers, centerpieces, etc.) Administrative Costs: Eligible Costs: includes administrative costs which are directly linked to the Plan and have been incurred for the preparation of the Plan. Examples are communication costs such as telephone long distance calls or faxes, permit, certification required for the preparation of the Plan, .printing/photocopying by outside suppliers or acquiring of documents used exclusively in the preparation of the Plan and documents translation. Ineligible Costs: Ordinary office supplies and expenses, i.e. business cards, paper, file folders, monthly fee for telephone line, etc. are not eligible. Expenses used in ordinary fashion Burin the Plan are not eligible. Examples include general the preparation of g during P P g P utilities (electricity, gas, water, etc.), insurance premiums, janitorial expenses, etc. Advertising: Eligible Costs: The cost of advertising, including fees for advertising development as well as cost for presenting it in media will be eligible to the extent of being essential in the objective of communicating the Plan to the public & outside stakeholders as well as fulfilling the requirement of public input on the Plan. Ineligible Costs: The cost of advertising for general education or publicity that is a direct result of on -going business activity and not a specific requirement of the Plan is ineligible. The cost of promotional items is ineligible. Taxes: Ineligible Costs: Provincial Sales Tax and the Goods and Services Tax for which the Lead Applicant is eligible for a tax rebate and any other costs eligible for rebates. In -kind: Eligible Costs: In -kind contribution of staff time by employee(s) of the lead applicant. The value of a Plan's preparation total in -kind contributions on account of salaries, fees or remuneration cannot exceed. 10% of the other eligible costs. Ineligible Costs: In -kind contribution of goods and services other than salaries and In- Page 18 of 33 kind contributions made by anyone other than the lead applicant are ineligible. Expenses paid by anyone other than the recipient are considered in -kind and therefore not eligible. For LEAD APPLICANT To claim this in -kind type of contribution, the Recipient must submit to FCM: 1) A letter from the Recipient's Chief Administrative Officer confirming and detailing such employee's: • Level /title; • Remuneration (actual salary and benefits); • Number of hours worked directly on the preparation of the Plan; • A description of such work; and The monetary amount being claimed for the inclusion of such in -kind contribution as an Eligible Cost, 2) Each such employee's time sheet. Page 19 of 33 SCHEDULE A Part 3: Particulars of the Sources of Funding Sources of Funding Table s a y .te ' 'I,' g ,E ,, ci ; 3 a a e 'k, r ¢ �r " a r . a ` Municipality of Kincardine Cash $31,500 March 8 8, Municipal . 2010 Municipality of Kincardine In -kind $7,000 March 8, 2010 Green Municipal Green Municipal Fund GMF Grant $38,500 Septemb2010 er 1, Fund Other Chamber of Commerce and In -kind $10,000 October 28, BIA 2009 Plan Total Costs $87,000 3. For each funding source listed, the Recipient must submit evidence of the financial contribution as provided in Section 3.01(e). Page 20 of 33 SCHEDULE B Form of Request for Contribution (see Section 2.05 and Section 3.01 (b) or Section 3.02 (d)) [LETTERHEAD OF THE RECIPIENT] [Address] [Date] Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario KIN 5P3 Attention: Ms. Nathalie Lapointe Project Officer - Contracts Ladies and Gentlemen: Re: Green Municipal Fund — Plan no. 10316 Grant Agreement dated September 13, 2010 ( "Agreement") between the Federation of Canadian Municipalities (as Trustee) and The Corporation of the Municipality of Kincardine ( "Recipient ") Request for Contribution no.: 1. All terms defined in the Agreement shall have the same meanings herein and all references herein to Articles, Sections and subsections are to those Articles, Sections and subsections of the Agreement. 2. The Recipient hereby requests the [First/Second] Contribution, on XXXXX, 200X, in accordance with the provisions of Section 2.05 and Section 3.01(b) or Section 3.02(d)) (the "Contribution Date ") of the following amount: And the Recipient requests that such amount be paid to the following account: Name of Bank: Address of Bank: Telephone no of Bank: XXX-XXX-XXXX Bank no.: XX l34 J, Transit no XX [5d] to the credit of Recipient's Account no.: Provided that if this is not the First Contribution, the Recipient hereby acknowledges having received from FCM the following prior Contribution(s): Contribution no. 1 on , 200X of $ Contribution no. 2 (if applicable) on , 200X of $ Page 21 of 33 3. The Recipient hereby certifies as of the Contribution Date that: (a) the Recipient has obtained, or has made other arrangements satisfactory to FCM for obtaining, all approvals, consents, authorizations and licences that are required under the laws of the Province of Ontario and of Canada in order for the Recipient to enter into and comply with this Agreement; (b) the representations and warranties confirmed or made in ARTICLE 4 with respect to the Recipient shall be true on and as of the Contribution Date with the same effect as though such representations and warranties have been made on and as of the Contribution Date; (c) all covenants and other obligations of the Recipient to be performed or complied with as of the Contribution Date have been performed or complied with as of the Contribution Date; (d) no act or thing does or may materially and adversely affect the preparation of the Plan or the ability of the Recipient to perform its obligations under the Agreement and the Plan has occurred; (e) all of the conditions of Contribution contained in ARTICLE 3 of the Agreement to be performed by the Recipient have been satisfied. (f) if this is not the First Contribution, the prior Contribution(s) has /have been entirely used by the Recipient for Eligible Costs in accordance with the purpose specified in Section 2.01 within six (6) months following the date of (each) such prior Contribution(s). 4. If any certification in paragraph 3 is not true and correct as of the Contribution Date, the Recipient will immediately notify FCM prior to the making of the Contribution by FCM. Yours truly, The Corporation of the Municipality of Kincardine by XXXX, Authorized Representative* *As named in the Recipient's last Certificate of Incumbency and Authority Page 22 of 33 SCHEDULE C Form of Certificate of Incumbency and Authority (see Section 3.01(c)) [LETTERHEAD OF THE RECIPIENT] [Adds] [Date] Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario KIN 5P3 Attention: Ms. Nathalie Lapointe Project Officer - Contracts Ladies and Gentlemen: Re: Green Municipal Fund — Plan no. 10316 Grant Agreement dated September 13, 2010 ( "Agreement ") between the Federation of Canadian Municipalities (as Trustee) and The Corporation of the Municipality of Kincardine ( "Recipient") Certificate of Incumbency and Authority I, the XXXXX of the Recipient, with the authority of its municipal council, hereby certify that the following are the names, offices and true specimen signatures of the persons, any one of whom is and shall continue to be (until you receive authorized written notice from the Recipient that they, or any of them, no longer continue to be) authorized: • to sign on behalf of the Recipient a Requests for Contribution provided for in the Agreement; • to sign the certificates provided for in the Agreement; and • to take, do, sign or execute in the name of the Recipient, any other action required or permitted to be taken, done, signed or executed under the Agreement and under any other agreement to which you and the Recipient are parties: No. Name Specimen Signature Office 1. John deRosenroll Chief Administrative Officer 2. Larry Kraemer Mayor Yours truly, The Corporation of the Municipality of Kincardine per: )000(, Authorized Representative I have authority to bind the Recipient herein Page 23 of 33 SCHEDULE D GMF. Reporting Submissions Progress Report and Checklist Please don't hesitate to contact your project officer to receive an electronic copy of the Progress Report template. GMF grant recipients must enclose copies of the Progress Report in electronic format via email with their Request for Contribution. Progress Report GMF number: Name of the Recipient: Phone, fax, e-mail, and address of lead contact: Date of the Progress Report: Questions (suggested length of 1 -2 pages): 1. How much of the Plan is complete? Please indicate which milestones and/or activities identified in Schedule A of the Agreement have been fully or partially completed and the timing for completing the remaining activities. 2. Have there been any significant changes, or do you anticipate any significant changes, to the Plan as it was outlined in Schedule A of the Agreement? If so, please explain how the scope of • the Plan will change. 3. Have there been any changes in the nature or scope of the legal status of the grant recipient? If so, please explain. 4. Please compare the current actual costs of the preparation Plan with the budgeted costs identified in Schedule A of.the Agreement. For each activity which shows or is anticipated to show a significant difference (more than plus or. minus 10 %), provide a brief explanation. 5. When do you expect to submit your next. Contribution Request? Note: If this date is later than the date indicated in the Agreement, FCM must be notified in writing of the reason(s) for the delay at least 30 days before the date indicated in the Agreement. 6. If someone in another community were interested in undertaking a similar initiative, what advice would you have for them, based on your experience to date? 7. If you were planning this kind of initiative again, would you do anything differently, based on your experience to date? Page24of33 Progress Report(s) Checklist This checklist was designed to help recipients of the Green Municipal Fund ensure that all necessary documentation is forwarded along with the Progress Report. Please submit this COMPLETED CHECKLIST along with the Progress Report. GMF Number: Name of Recipient: Plan Title: Contact Person: Phone Number: Email: Included Required Supporting Documentation Reference Evidence of all appropriate authorizations, including any necessary by -laws or resolutions passed by the Recipient's Council OR motions passed by the See ARTICLE 3 (Conditions ❑ I . Recipient's Board of Directors and any necessary of Contribution) of the authorizations from the Government of the Province Agreement or Territory for undertaking the preparation of the Plan and receiving the Grant. Evidence that each Source of Funding as described in See ARTICLE 3 (Conditions ❑ 2. Schedule A has contractually agreed on the nature and of Contribution) of the amount of the funding. Agreement A copy of the Certificate of Incumbency and See ARTICLE 3 (Conditions O 3. of Contribution) and Authority on letterhead with an authorized signature. Schedule C of the Agreement A copy of the Request for Contribution on See ARTICLE 3 (Conditions 4' of Contribution) and letterhead with an authorized signature. Schedule B of the Agreement Evidence to support that the additional Conditions of See ARTICLE 3 (Conditions ❑ 5. Contribution as imposed by GMF have been met. of Contribution) and Part i of Schedule A of the Agreement A statement of expenses with copies of supporting See ARTICLE 3 (Conditions ❑ 6. invoices and receipts with accompanying back-up of Contribution) of the documentation. Eligible invoices and receipts must Agreement be provided in the amount specified in the Agreement. See ARTICLE 3 (Conditions ❑ 7. Submit an electronic copy of the Progress Report. of Contribution) and Schedule D of the Agreement Page 25 of 33 Included Required Supporting Documentation Reference Reports* must contain the following language: "© 20XX, The Corporation of the Municipality of Kincardine. All Rights Reserved. The preparation of this sustainable community plan was carried out with assistance from the See ARTICLE 7 Green Municipal Fund, a Fund financed by (Miscellaneous Provisions) of the Government of Canada and administered the Agreement by. the Federation of Canadian Municipalities. Notwithstanding this support, the views expressed are the personal views of the authors, and the Federation of Canadian Municipalities and the Government of Canada accept no responsibility for them." Page 26 of 33 SCHEDULE E GMF Reporting Submissions Plan Completion Report and Checklist Please don't hesitate to contact your project officer to receive an electronic copy of the Plan Completion Report template. A copy of the Final Plan must be submitted at the completion of the preparation of the Plan, together with the Plan Completion Report. Instructions to complete the Plan Completion Report The objective of asking applicants to submit a Plan Completion Report is simple: to share the story of a community's experience in undertaking the preparation of a sustainable community plan with others seeking to address similar issues in their own communities. For this reason, please write the report in plain language that can be understood by people who are not specialists on the subject. A Completion Report is typically in the range of 6 -12 pages, but may be longer or shorter, depending upon the complexity of the Plan. While there is no maximum word count for each section, the most pertinent sections of the report should be given more weight (i.e., Sections 5, 6 and especially 7); some questions provide specific guidelines on desired length (see below). GMF grant recipients must enclose final copies of the Plan Completion Report and the Final Plan in soft (electronic) formats with their final Request for Contribution. The electronic copies of the reports, including all attachments and appendices, must be submitted in Portable Document Format (PDF) with searchable text functionality. Reports that are not clearly identifiable as final reports, such as those displaying headers, footers, titles or watermarks containing terms such as "draft" or "for internal use only ", will not be accepted by GMF. Additionally, reports must be dated. If you have questions about completing this report, please consult the GMF Program Guidelines, or GMF staff. Page 27 of 33 Plan Completion Report GMF number: Name of the Recipient: Phone, fax, e-mail, and address of lead contact: Date of the Report: • 1. Introduction to the Planning Initiative a. What was the objective in preparing the Plan (i.e., what was the Recipient trying to achieve, and why)? b. How much did the preparation of the Plan cost, and how was it paid for? (Example answer: The preparation of the Plan cost the Recipient $80,000. This was paid 50% through GMF funding and 50% through the municipal operating budget.) c. Roughly how long (in months) did it take to prepare the Plan? (Example answer: The preparation of the Plan took 22 months from initial planning to completion of the Final Plan.) d. How is the Plan related to existing plans, practices, guidelines or policies within the municipality, and how does it contribute to achieving the municipality's sustainability goals? 2. Community Context a. Please provide a brief (five to six sentences) profile of the community in which the Plan was developed, including population, geographic area, demographics, and general economic conditions. (Note: This information is readily available from the Community Profiles section of the Statistics Canada website at www.statcan.ca.) b. Briefly (two to three sentences) indicate the size and structure of the municipal government, and the approximate number of full -time municipal employees. (Example answer 1: A 10- member council including a mayor serving a community of 23,000 people with approximately 575 full - ti staff. Volunteer council members serve part time —i.e., most have full -time jobs elsewhere— receive a small honorarium for their services, and have no budget for staff assistance. Example answer 2: A 23- member, ward -based council plus mayor serving on a full -time (i.e., salaried) basis. Each council member has a budget for administrative and ward assistance. Council serves a community of 800,000, assisted by a full -time, professional staff of about 12,000.) 3. The Planning team: Who Was Involved? a. Briefly (four to five sentences) indicate who was involved in preparing the Plan, and their affiliations. Include both municipal staff and officials who managed the preparation of the Plan, and any consultants who worked on the preparation of the Plan (e.g., municipal staff in the Departments of Planning, Public Works, and Health and Safety, an engineering consultant, a representative from a local nongovernmental organization, etc). Page 28 of 33 b. If there was a Plan champion, please describe how the champion's input assisted the development of the Plan. Note: A Plan champion is someone (such as a staff member or elected official) whose support was critical to the success of the preparation of the Plan. 4. The Planning Approach a. In plain language, briefly (four to five sentences) explain how the Plan was prepared —that is, what was the approach (or methodology) that was taken to meet the community's objectives. b. If applicable, please describe any public consultation process that was used in developing the Plan (e.g. describe items such as how stakeholders were identified and engaged in the preparation of the Plan; the visioning process that was used; any community surveying techniques that were used and so forth). 5. Summary of Planning Outcomes a. In plain language, briefly (five to six sentences) describe the plan that was prepared from the planning exercise (i.e. was this a plan for the entire community, or a particular neighbourhood? Was this the first plan of its type? Does it replace and /or complement existing plans? And so forth). b. What sections of your completed Plan (including any appendices or supplementary reporting documents) could be of assistance to other municipalities seeking to prepare a similar plan, or address similar issues? Please provide page numbers of the sections (and titles of the documents, if there is more than one) you identify, and explain why /how you think these sections could be useful to other communities. 6. Environmental, Economic and Social Benefits of the Plan For the questions in this section: If the answer to the question is clearly outlined in the Plan itself, it is sufficient to indicate the section and page number(s) of the Plan on which the information can be found. a. What environmental goals /objectives and targets were established in the Plan? b. What social goals /objectives and targets were established in the Plan? c. What economic goals /objectives and targets were established in the Plan? d. How does the municipality intend to reach its environmental, social and economic goals? e. What sort of financial savings (if any) will be realized for the community, as the Plan is implemented? 7. Lessons Learned and Knowledge Sharing In answering the questions in this section, please consider all aspects of the preparation of the Plan - from the initial planning through each of the essential tasks until the Plan was completed. Page 29 of 33 a. If someone in another municipality were interested in preparing a similar plan, what advice would you have for them, based on your experience with the preparation of this Plan? b. If your municipality were planning to undertake the preparation of this kind of plan again, what (if anything) would you do differently (based on your experience with the preparation of this Plan), and why? c. If your municipality were planning to undertake the preparation of this kind of plan again, what (if anything) would you want to do in the same way (based on your experience with the preparation of this Plan), and why? d. What barriers /challenges (if any) did your municipality encounter in undertaking the preparation of this Plan, and how were they overcome? e. Do you anticipate any changes to municipal operations, policies or programmes as a result of having prepared this Plan? If so, please describe these changes. f. Is there anything else you have learned, or any other advice you could provide, that would help another municipality interested in preparing a similar Plan, and/or addressing a similar problem? g. Aside from the Final Plan, has your work resulted in anything else that could be of use to another municipality (for example, a new policy for sustainable community development, a series of model by -laws, the design of a new operating practice, a public consultation manual that emerged while undertaking the preparation of the Plan, a measurement tool to assess progress in moving towards greater sustainability, and so forth)? If so, please describe briefly here, and include a copy of the item(s) when submitting this report, so that it can be shared with other communities. 8. Publicity and Outreach a. Has the Plan received any recognition, media coverage, or notable public support? If so, please describe briefly (three to four sentences). b. Is there a website where more information about the Plan can be found? If so, please provide the web address with links to the relevant section. 9. Next Steps a. How will your community be using the Plan (Le., what happens now that the Plan is finished)? 10. Planning Contacts _ a. Please provide the name and coordinates (title, full address, phone, fax and email) of someone who can be contacted for more information about the Plan. _ b. In the event the Plan contact is no longer available, please provide general contact information for the lead applicant, such as the administrative office of the municipal department that coordinated the preparation of the Plan, or some other general contact for the Recipient /lead applicant. Page 30 of 33 11. Pictures Please submit at least two (or more, if desired) pictures or diagrams that represent or describe the Plan that was prepared. The pictures must be in jpeg or tiff format, at least 300 dpi (dots per inch), and a minimum of two inches square (larger photographs are acceptable). Each picture must be submitted as an individual electronic file (i.e., a separate file from the Plan Completion Report even if the pictures are also included within the body of the report) when the Plan Completion Report is submitted. Page 31 of 33 Final Plan Checklist This checklist was designed to help recipients of the Green Municipal Fund ensure that all necessary documentation is forwarded along with the Request for Contribution. Please submit this COMPLETED CHECKLIST along with the Final Reports. Name of GMF Number: Recipient: Plan Title: Contact Person: Phone Number: Email: Included Required Supporting Documentation Reference See ARTICLE 3 A copy of the Request for Contribution on (Conditions of ❑ 1 letterhead with an authorized signature. Contribution) and Schedule B of the Agreement See ARTICLE 3 (Conditions of ❑ 2 Evidence to support that the additional Conditions of Contribution) and Part 1 Contribution as imposed by GMF have been met. of Schedule A, of the Agreement A summary of expenses with copies of supporting See ARTICLE 3 ❑ 3 invoices and receipts with accompanying back up (Conditions of documentation. Eligible invoices and receipts must Contribution) of the be provided in the amount specified in the agreement. Agreement ❑ 4 The submission of the Final Reporting Requirements including: See ARTICLE 3 ❑ A Submit copies of the Final Plan. (Conditions of Contribution) of the Agreement See ARTICLE 3 (Conditions of ❑ B Submit copies of the Plan Completion Report. Contribution) and Schedule E of the Agreement See ARTICLE 3 i) Proof of council approval of the Final Plan (Conditions of Contribution) of the Agreement See Schedule E of the ii) Reports* must be dated (see note below). Agreement Page32of33 Included Required Supporting Documentation Reference iii) Reports* must be labelled as "FINAL" (see note below). Reports* must contain the following language: (see note below). "© 20XX, The Corporation of the Municipality of Kincardine. All Rights Reserved. The preparation of this sustainable community plan See ARTICLE 7 was carried out with assistance from the Green (Miscellaneous iv) Municipal Fund, a Fund financed by the Provisions) of the Government of Canada and administered by the Agreement Federation of Canadian Municipalities. Notwithstanding this support, the views expressed are the personal views of the authors, and the Federation of Canadian Municipalities and the Government of Canada accept no responsibility for them." Forward electronic copy of the reports* (see note v) below). Electronic files must be in Word or in PDF See Schedule E of the format. PDF documents must be searchable PDFs. Agreement Note: * Final Plan AND Plan Completion Report. Page 33 of 33 • j