HomeMy WebLinkAboutFIN 17-18DICKERING
City 60/
Report to
Executive Committee
Report Number: FIN 17-18
Date: June 18, 2018
From: Stan Karwowski
Director, Finance & Treasurer
Subject: Ontario's Main Street Revitalization Initiative — Municipal Funding
Agreement
Recommendation:
1. That Report FIN 17-18 regarding Ontario's Main Street Revitalization Initiative —
Municipal Funding Agreement be received;
2. That the draft By-law attached to this report be enacted; and
3. That the Mayor and Clerk be authorized to execute a Municipal Funding
Agreement for the transfer of Main Street Revitalization Initiative funds between
the Association of Municipalities of Ontario and The Corporation of the City of
Pickering.
Executive Summary: In January the Province announced funding of $26 million
available for the purposes of supporting main street revitalization initiatives in Ontario.
The program funding is provided on an allocated basis across Ontario Municipalities.
The funding available to the City of Pickering is $110,773.94.
The purpose of this report is to formally approve the agreement between the City and
the Association of Municipalities of Ontario (AMO). Staff will propose how the funds
being received under this program will be utilized through the 2019 Budget.
Financial Implications: The City will receive $110,773.94 and has until March 31,
2020 to spend the funds on an eligible project.
Discussion: Ontario's Main Street Revitalization Initiative program is a $26 million
fund to help municipal governments undertake main street revitalization activities that
support and benefit small businesses. AMO has agreed to administer the funding on
behalf of the Ministry of Agriculture, Food and Rural Affairs (OMAFRA).
FIN 17-18 June 18, 2018
Subject: Ontario's Main Street Revitalization Initiative - Municipal Page 2
Funding Agreement
City staff are proposing that the utilization of the funds be determined through the 2019
budget process. There are two categories of eligible projects:
1. Implementation of priority financial incentives in existing Community Improvement
Plans; and
2. Funding of strategic municipal infrastructure such as:
• Signage — wayfinding/directional, and gateway;
• Streetscaping and landscape improvements — lighting, banners, murals, street
furniture, interpretive elements, public art, urban forestation, accessibility,
telecommunications/broadband equipment, parking, active transportation
infrastructure (e.g. bike racks/storage, cycling lanes and paths) and pedestrian
walkways/trails; and
• Marketing plan implementation — business attraction and promotion activities,
special events,
The City does not have any Community Improvement Plans in place and therefore, only
category 2. above applies.
Attachments:
1. By-law Authorizing the Execution of an Agreement with the Association of
Municipalities of Ontario (Main Street Revitalization Initiative)
2. Ontario Main Street Revitalization Initiative — Guide to the Municipal Funding
Agreement
Prepared By:
Paul Creamer
Senior Accounting Analyst, Internal Audit
Approved/Endorsed By:
Stan Karwowski
Director, Finance & Treasurer
Recommended for the consideration
of Pickering C'Council
Tony Prevedel, P. Eng.
Chief Administrative Officer
ATTACHMENT # _TO REPORT It
The Corporation of the City of Pickering
By-law No. XXXX/18
Being a By-law to Authorize the Execution of an
Agreement with the Association of Municipalities of
Ontario (Main Street Revitalization Initiative)
Whereas the City of Pickering wishes to enter into an Agreement with the Association of
Municipalities of Ontario in order to participate in Ontario's Main Street Revitalization
Initiative;
Whereas the City of Pickering acknowledges that the funds received through the
Agreement must be invested in an interest bearing reserve account until earliest of
expenditure or March 31, 2020;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. That the Mayor and City Clerk are hereby authorized to execute on behalf of The
Corporation of the City of Pickering a Municipal Funding Agreement with the
Association of Municipalities of Ontario for the transfer of Main Street Revitalization
Initiatives funds, in the form attached as Schedule "A" to this By-law.
2. This By-law is to come into effect on the date of its passing.
By-law passed this 25th day of June, 2018.
David Ryan, Mayor
Debbie Shields, City Clerk
ATTAcHHEN rEPr)RTl!'JJN 1 I -l$
la AssaciatoiifI1
Municipalities Ontario'
MUNICIPAL FUNDING AGREEMENT
ONTARIO'S MAIN STREET REVITALIZATION INITIATIVE
This Agreement made as of lst day of April, 2018.
BETWEEN:
THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO
(referred to herein as "AMO")
AND:
THE [INSERT MUNICIPAL NAME]
(a municipal corporation pursuant to the Municipal Act, 2001, referred to herein as the
"Recipient")
WHEREAS the Province of Ontario is making $26 million available for allocation for the
purposes of supporting municipal Main Street Revitalization Initiatives in Ontario;
WHEREAS the Province of Ontario, Ontario municipalities as represented by AMO are
signatories to Ontario's Main Street Revitalization Initiatiive Transfer Payment Agreement on
March 12, 2018 (the "OMAFRA-AMO Agreement"), whereby AMO agreed to administer Main
Street Revitalization funds made available to all Ontario municipalities, excluding Toronto;
WHEREAS the OMAFRA-AMO Transfer Payment Agreement contains a framework for the
transfer of provincial funds to Ontario lower -tier and single -tier municipalities represented by
AMO;
WHEREAS the Recipient wishes to enter into this Agreement in order to participate in Ontario's
Main Street Revitalization Initiative;
WHEREAS AMO is carrying out the fund administration in accordance with its obligations set
out in the OMAFRA-AMO Agreement and it will accordingly undertake certain activities and
require Recipients to undertake activities as set out in this Agreement.
THEREFORE the.Parties agree as follows:
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions, When used in this Agreement (including the cover and execution
pages and all of the schedules), the following terms shall have the meanings
200 University Ave. Suite 801
Toronto, ON, M5H 3C6
www.arnt}.(t.ca
arnoDamo.on.ca
-fel 416, 971.9856
Fax 416. 971.6191
fall Free in Ontario
877.426.6527
ascribed to them below unless the subject matter or context is inconsistent
therewith:
"Agreement" means this Agreement, including the cover and execution pages
and all of the schedules hereto, and all amendments made hereto in
accordance with the provisions hereof.
"Annual Report" means the duly completed report to be prepared and
delivered to AMO as described in Section 7.2 and Section 2 of Schedule D.
"Association of Municipalities of Ontario (AMO)" means a legally
incorporated entity under the Corporations Act, 1990 R.S.O. 1990, Chapter c.38.
"Communication Report" means the duly completed report to be prepared
and delivered to AMO as described in Section 7.1 and Section 1 of Schedule D.
"Community Improvement Plan" has the meaning as defined under section
28(1) of the Planning Act, R.S.O. 1990, c. P.13.
"Contract" means an agreement between the Recipient and a Third Party
whereby the latter agrees to supply a product or service to an Eligible Project in
return for financial consideration.
"Effective Date" is April 1, 2018.
"Eligible Costs" means those expenditures described as eligible in Schedule C.
"Eligible Projects" means projects as described in Schedule B.
"Eligible Recipient" means a
a. Municipality or its agent (including its wholly owned corporation); and
b. Non -municipal entity, including for profit, non-governmental and not -for
profit organizations, on the condition that the Municipality(ies) has
(have) indicated support for the Eligible Project through a formal grant
agreement between the Municipality and the non -municipal entity.
"Event of Default" has the meaning given to it in Section 11.1 of this
Agreement.
"Funds" mean the Funds made available to the Recipient through the Main
Street Revitalization Initiative, a program established by the Government of
Ontario. Funds are made available pursuant to this Agreement and includes any
interest earned on the said Funds. For greater certainty: (i) Funds transferred to
another Municipality in accordance with Section 6.2 of this Agreement, other
than as set out in Sections 7.1(a), (c) and (f), are to be treated as Funds by the
Municipality to which the Funds are transferred and are not to be treated as
Funds by the Recipient; and (ii) any Funds transferred to a non -municipal entity
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in accordance with Section 6.3 of this Agreement shall remain as Funds under
this Agreement for all purposes and the Recipient shall continue to be bound by
all provisions of this Agreement with respect to such transferred Funds.
"Ineligible Costs" means those expenditures described as ineligible in
Schedule C.
"Lower -tier Municipality" means a Municipality that forms part of an Upper -
tier Municipality for municipal purposes, as defined under the Municipal Act,
2001 S.O. 2001, c.25.
"Municipal Fiscal Year" means the period beginning January 1st of a year and
ending December 31st of the same year.
"Municipality" and "Municipalities" means every municipality as defined
under the Municipal Act, 2001 S.O. 2001 c.25.
"Municipal Physical Infrastructure" means municipal or regional, publicly or
privately owned, tangible, capital assets primarily for public use or benefit in
Ontario.
"Ontario" means Her Majesty in Right of Ontario, as represented by the
Minister of Agriculture, Food and Rural Affairs.
"Parties" means AMO and the Recipient.
"Project Completion Date" means the Recipient must complete its Project
under this Agreement by March 31, 2020.
"Recipient" has the meaning given to it on the first page of this Agreement.
"Results Report" means the report prepared and delivered to AMO by the
Recipient by which reports on how Funds are supporting progress towards
achieving the program objective, more specifically described in Section 3 of
Schedule D.
"Single -tier Municipality" means a municipality, other than an upper -tier
municipality, that does not form part of an upper -tier municipality for municipal
purposes as defined under the Municipal Act, 2001, S.O. 2001 c. 25.
"Third Party" means any person or legal entity, other than the Parties to this
Agreement who participates in the implementation of an Eligible Project by
means of a Contract.
"Transfer By-law" means a by-law passed by Council of the Recipient pursuant
to Section 6.2 and delivered to AMO in accordance with that section.
"Unspent Funds" means the amount reported as unspent by the Recipient as
of December 31, as submitted in the Recipient's Annual Report.
1.2 Interpretations:
Herein, etc. The words "herein", "hereof' and "hereunder" and other words of
similar import refer to this Agreement as a whole and not any particular
schedule, article, section, paragraph or other subdivision of this Agreement.
Currency. Any reference to currency is to Canadian currency and any amount
advanced, paid or calculated is to be advanced, paid or calculated in Canadian
currency.
Statutes. Any reference to a federal or provincial statute is to such statute and
to the regulations made pursuant to such statute as such statute and
regulations may at any time be amended or modified and in effect and to any
statute or regulations that may be passed that have the effect of supplementing
or superseding such statute or regulations.
Gender, singular, etc. Words importing the masculine gender include the
feminine or neuter gender and words in the singular include the plural, and vice
versa.
2. TERM OF AGREEMENT
2.1 Term. Subject to any extension or termination of this Agreement or the
survival of any of the provisions of this Agreement pursuant to the provisions
contained herein, this Agreement shall be in effect from the date set out on the
first page of this Agreement, up to and including March 31, 2020.
2.2 Amendment. This Agreement may be amended at any time in writing as agreed
to by AMO and the Recipient.
2.3 Notice. Any of the Parties may terminate this Agreement on written notice.
3. RECIPIENT REQUIREMENTS
3.1 Communications. The Recipient will comply with all requirements outlined,
including providing upfront project information on an annual basis, or until all
Funds are expended for communications purposes in the form described in
Section 7.1 and Section 1 of Schedule D.
a) Unless otherwise directed by Ontario, the Recipient will acknowledge the
support of Ontario for Eligible Projects in the following manner: "The
Project is funded [if it is partly funded the Recipient should use "in part"] by
the Ontario Ministry of Agriculture, Food and Rural Affairs."
b) The Recipient shall notify Ontario within five (5) business days of planned
media events or announcements related to the Project, organized by the
Recipient to facilitate the attendance of Ontario. Media events and
announcements include, but are not limited to, news conferences, public
announcements, official events or ceremonies, and news releases.
3.2 Contracts. The Recipient will award and manage all Contracts in accordance
with its relevant policies and procedures and, if applicable, in accordance with
the Canadian Free Trade Agreement and applicable international trade
agreements, and all other applicable laws.
a) The Recipient will ensure any of its Contracts for the supply of services or
materials to implement its responsibilities under this Agreement will be
awarded in a way that is transparent, competitive, consistent with value for
money principles and pursuant to its adopted procurement policy.
4. ELIGIBLE PROJECTS
4.1 Eligible Projects. Costs directly and reasonably incurred by the Recipient for
construction, renewal, renovation or redevelopment or material enhancement
activities funded under existing Community Improvement Plan financial
incentive programs or activities funded under the Municipal Physical
Infrastructure category, including projects in downtown or main street areas, as
defined through an existing Community Improvement Plan or other municipal
land use planning policy that will support the role of small businesses in main
street areas as more specifically described in Schedule B and Schedule C
4.2 Recipient Fully Responsible. The Recipient is fully responsible for the
completion of each Eligible Project in accordance with Schedule B and Schedule
C.
5. ELIGIBLE COSTS
5.1 Eligible Costs. Schedule C sets out specific requirements for Eligible and
Ineligible Costs.
5.2 Discretion of Ontario. Subject to Section 5.1, the eligibility of any items not
listed in Schedule B and/or Schedule C to this Agreement is solely at the
discretion of Ontario.
5.3 Unspent Funds. Any Unspent Funds, and any interest earned thereon, will be
subject to the terms and conditions of this Agreement.
5.4 Reasonable Access. The Recipient shall allow AMO and Ontario reasonable and
timely access to all documentation, records and accounts and those of their
respective agents or Third Parties related to the receipt, deposit and use of
Funds and Unspent Funds, and any interest earned thereon, and all other
relevant information and documentation requested by AMO or Ontario or their
respective designated representatives for the purposes of audit, evaluation, and
ensuring compliance with this Agreement.
5.5 Retention of Receipts. The Recipient will keep proper and accurate accounts
and records of all Eligible Projects including invoices and receipts for Eligible
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Expenditures in accordance with the Recipient's municipal records retention by-
law and, upon reasonable notice, make them available to AMO and Ontario.
6. FUNDS
6.1 Allocation of Funds. AMO will allocate and transfer Funds on the basis of the
formula determined by Ontario.
6.2 Transfer of Funds to a Municipality. Where a Recipient decides to allocate
and transfer Funds to another Municipality (the 'Transferee Municipality"):
a) The allocation and transfer shall be authorized by by-law (a "Transfer By-
law"). The Transfer By-law shall be passed by the Recipient's council and
submitted to AMO as soon thereafter as practicable. The Transfer By-law
shall identify the Transferee Municipality and the amount of Funds the
Transferee Municipality is to receive for the Municipal Fiscal Year specified
in the Transfer By-law.
b) The Recipient is still required to submit an Annual Report in accordance with
Sections 7.1 (a), (c) and (f) hereof with respect to the Funds transferred.
c) No transfer of Funds pursuant to this Section 6.2 shall be effected unless
and until the Transferee Municipality has either (i) entered into an
agreement with AMO on substantially the same terms as this Agreement, or
(ii) has executed and delivered to AMO a written undertaking to assume all
of the Recipient's obligations under this Agreement with respect to the
Funds transferred; in a form satisfactory to AMO.
6.3 Transfer of Funds to a non -municipal entity. Where a Recipient decides to
support an Eligible Project undertaken by an Eligible Recipient that is not a
Municipality:
a) The provision of such support shall be authorized by a grant agreement
between the Municipality and the Eligible Recipient in support of a
Community Improvement Plan. The grant agreement shall identify the
Eligible Recipient, and the amount of Funds the Eligible Recipient is to
receive for that Eligible Project.
b) The Recipient shall continue to be bound by all of the provisions of this
Agreement notwithstanding any such transfer including the submission of
an Annual Report in accordance with Section 7.2.
c) No transfer of Funds pursuant to this Section 6.3 shall be effected unless
and until the non -municipal entity receiving the Funds has executed and
delivered to the Municipality the grant agreement.
6.4 Use of Funds. The Recipient acknowledges and agrees the Funds are intended
for and shall be used only for Eligible Expenditures in respect of Eligible
Projects.
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6.5 Payout of Funds. The Recipient agrees that all Funds will be transferred by
AMO to the Recipient upon full execution of this Agreement.
6.6 Use of Funds. The Recipient will deposit the Funds in a dedicated reserve fund
or other separate distinct interest bearing account and shall retain the Funds in
such reserve fund, or account until the Funds are expended or transferred in
accordance with this Agreement. The Recipient shall ensure that:
a) any investment of unexpended Funds will be in accordance with Ontario law
and the Recipient's investment policy; and,
b) any interest earned on Funds will only be applied to Eligible Costs for
Eligible Projects, more specifically on the basis set out in Schedule B and
Schedule C.
6.7 Funds advanced. Funds transferred by AMO to the Recipient shall be expended
by the Recipient in respect of Eligible Costs. AMO reserves the right to declare
that Unspent Funds after March 31, 2020 become a debt to Ontario which the
Recipient will reimburse forthwith on demand to AMO for transmission to
Ontario.
6.8 Expenditure of Funds. The Recipient shall expend all Funds by March 31, 2020.
6.9 GST & HST. The use of Funds is based on the net amount of goods and services
tax or harmonized sales tax to be paid by the Recipient net of any applicable tax
rebates.
6.10 Limit on Ontario's Financial Commitments. The Recipient may use Funds to
pay up to one hundred percent (100%) of Eligible Expenditures of an Eligible
Project.
6.11 Stacking. If the Recipient is receiving funds under other programs in respect of
an Eligible Project to which the Recipient wishes to apply Funds, the maximum
contribution limitation set out in any other program agreement made in respect
of that Eligible Project shall continue to apply.
6.12 Insufficient funds provided by Ontario. If Ontario does not provide sufficient
funds to AMO for this Agreement, AMO may terminate this Agreement.
7. REPORTING REQUIREMENTS
7.1 Communication Report. Immediately upon execution of this Agreement the
Recipient shall report to AMO any Eligible Project being undertaken in the
current Municipal Fiscal Year in the form described in Schedule D.
7.2 Annual Report. The Recipient shall report in the form in Schedule D due by
May 15th following the Municipal Fiscal Year on:
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a) the amounts received from AMO under this Agreement;
b) the amounts received from another Eligible Recipient;
c) the amounts transferred to another Eligible Recipient;
d) amounts paid by the Recipient in aggregate for Eligible Projects;
e) amounts held at year end by the Recipient in aggregate, including interest,
to pay for Eligible Projects;
f) indicate in a narrative the progress that the Recipient has made in meeting
its commitments and contributions; and,
g) a listing of all Eligible Projects that have been funded, indicating the Eligible
Project category, project description, amount of Funds, total project cost,
start date, end date and completion status.
7.3 Results Report. The Recipient shall account in writing for results achieved by
the Funds through a Results Report to be submitted to AMO. Specifically the
Results Report shall document performance measures achieved through the
investments in Eligible Projects in the form described in Section 3 of Schedule
D.
8. RECORDS AND AUDIT
8.1 Accounting Principles. All accounting terms not otherwise defined herein have
the meanings assigned to them; all calculations will be made and all financial
data to be submitted will be prepared in accordance with generally accepted
accounting principles (GAAP) in effect in Ontario. GAAP will include, without
limitation, those principles approved or recommended for local governments
from time to time by the Public Sector Accounting Board or the Canadian
Institute of Chartered Accountants or any successor institute, applied on a
consistent basis.
8.2 Separate Records. The Recipient shall maintain separate records and
documentation for the Funds and keep all records including invoices,
statements, receipts and vouchers in respect of Funds expended on Eligible
Projects in accordance with the Recipient's municipal records retention by-law.
Upon reasonable notice, the Recipient shall submit all records and
documentation relating to the Funds to AMO and Ontario for inspection or
audit.
8.3 External Auditor. AMO and/or Ontario may request, upon written notification,
an audit of Eligible Project or an Annual Report. AMO shall retain an external
auditor to carry out an audit of the material referred to in Sections 5.4 and 5.5
of this Agreement. AMO shall ensure that any auditor who conducts an audit
pursuant to this Section of this Agreement or otherwise, provides a copy of the
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audit report to the Recipient and Ontario at the same time that the audit report
is given to AMO.
9. INSURANCE AND INDEMNITY
9.1 Insurance. The Recipient shall put in effect and maintain in full force and
effect or cause to be put into effect and maintained for the term of this
Agreement all the necessary insurance with respect to each Eligible Project,
including any Eligible Projects with respect to which the Recipient has
transferred Funds pursuant to Section 6 of this Agreement, that would be
considered appropriate for a prudent Municipality undertaking Eligible Projects,
including, where appropriate and without limitation, property, construction and
liability insurance, which insurance coverage shall identify Ontario and AMO as
additional insureds for the purposes of the Eligible Projects.
9.2 Certificates of Insurance. Throughout the term of this Agreement, the
Recipient shall provide AMO with a valid certificate of insurance that confirms
compliance with the requirements of Section 9.1. No Funds shall be expended
or transferred pursuant to this Agreement until such certificate has been
delivered to AMO.
9.3 AMO not liable. In no event shall Ontario or AMO be liable for:
(a) any bodily injury, death or property damages to the Recipient, its
employees, agents or consultants or for any claim, demand or action by
any Third Party against the Recipient, its employees, agents or
consultants, arising out of or in any way related to this Agreement; or
(b) any incidental, indirect, special or consequential damages, or any loss of
use, revenue or profit to the Recipient, its employees, agents or
consultants arising out of any or in any way related to this Agreement.
9.4 Recipient to Compensate Ontario. The Recipient will ensure that it will not, at
any time, hold Ontario, its officers, servants, employees or agents responsible
for any claims or losses of any kind that the Recipient, Third Parties or any other
person or entity may suffer in relation to any matter related to the Funds or an
Eligible Project and that the Recipient will, at all times, compensate Ontario, its
officers, servants, employees and agents for any claims or losses of any kind
that any of them may suffer in relation to any matter related to the Funds or an
Eligible Project. The Recipient's obligation to compensate as set out in this
section does not apply to the extent to which such claims or losses relate to the
negligence of an officer, servant, employee, or agent of Ontario in the
performance of his or her duties.
9.5 Recipient to Indemnify AMO. The Recipient hereby agrees to indemnify and
hold harmless AMO, its officers, servants, employees or agents (each of which is
called an "Indemnitee"), from and against all claims, losses, damages, liabilities
and related expenses including the fees, charges and disbursements of any
counsel for any Indemnitee incurred by any Indemnitee or asserted against any
Indemnitee by whomsoever brought or prosecuted in any manner based upon,
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or occasioned by, any injury to persons, damage to or loss or destruction of
property, economic loss or infringement of rights caused by or arising directly
or indirectly from:
(a) the Funds;
(b) the Recipient's Eligible Projects, including the design, construction,
operation, maintenance and repair of any part or all of the Eligible Projects;
(c) the performance of this Agreement or the breach of any term or
condition of this Agreement by the Recipient, its officers, servants, employees
and agents, or by a Third Party, its officers, servants, employees, or agents; and
(d) any omission or other wilful or negligent act of the Recipient or Third
Party and their respective officers, servants, employees or agents.
10. DISPOSAL
10.1 Disposal. The Recipient will not, without Ontario's prior written consent, sell,
lease or otherwise dispose of any asset purchased or created with the Funds or
for which Funds were provided, the cost of which exceed $50,000 at the time of
sale, lease or disposal prior to March 31, 2021.
11. DEFAULT AND TERMINATION
Event of Default. AMO may declare in writing that an event of default has
occurred when the Recipient has not complied with any condition, undertaking
or term in this Agreement. AMO will not declare in writing that an event of
default has occurred unless it has first consulted with the Recipient. Each and
every one of the following events is an "Event of Default":
(a) failure by the Recipient to deliver in a timely manner an Annual Report or
Results Report.
(b) delivery of an Annual Report that discloses non-compliance with any condition,
undertaking or material term in this Agreement.
(c) failure by the Recipient to co-operate in an external audit undertaken by AMO
or its agents.
(d) delivery of an external audit report that discloses non-compliance with any
condition, undertaking or term in this Agreement.
(e) failure by the Recipient to expend Funds in accordance with Sections 4.1 and
6.8.
11.2 Waiver. AMO may withdraw its notice of an Event of Default if the Recipient,
within thirty (30) calendar days of receipt of the notice, either corrects the
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default or demonstrates, to the satisfaction of AMO in its sole discretion that it
has taken such steps as are necessary to correct the default.
11.3 Remedies on default. If AMO declares that an Event of Default has occurred
under Section 11.1, after thirty (30) calendar days from the Recipient's receipt of
the notice of an Event of Default, it may immediately terminate this Agreement.
11.4 Repayment of Funds. If AMO declares that an Event of Default has not been
cured to its satisfaction, AMO reserves the right to declare that prior payments
of Funds become a debt to Ontario which the Recipient will reimburse forthwith
on demand to AMO for transmission to Ontario.
12. CONFLICT OF INTEREST
12.1 No conflict of interest. The Recipient will ensure that no current member of
the AMO Board of Directors and no current or former public servant or office
holder to whom any post -employment, ethics and conflict of interest legislation,
guidelines, codes or policies of Ontario applies will derive direct benefit from
the Funds, the Unspent Funds, and interest earned thereon, unless the
provision of receipt of such benefits is in compliance with such legislation,
guidelines, policies or codes.
13. NOTICE
13.1 Notice. Any notice, information or document provided for under this
Agreement will be effectively given if in writing and if delivered by hand, or
overnight courier, mailed, postage or other charges prepaid, or sent by
facsimile or email to the addresses, the facsimile numbers or email addresses
set out in Section 13.3. Any notice that is sent by hand or overnight courier
service shall be deemed to have been given when received; any notice mailed
shall be deemed to have been received on the eighth (8) calendar day following
the day on which it was mailed; any notice sent by facsimile shall be deemed to
have been given when sent; any notice sent by email shall be deemed to have
been received on the sender's receipt of an acknowledgment from the intended
recipient (such as by the "return receipt requested" function, as available,
return email or other written acknowledgment), provided that in the case of a
notice sent by facsimile or email, if it is not given on a business day before 4:30
p.m. Eastern Standard Time, it shall be deemed to have been given at 8:30 a.m.
on the next business day for the recipient.
13.2 Representatives. The individuals identified in Section 13.3 of this Agreement,
in the first instance, act as AMO's or the Recipient's, as the case may be,
representative for the purpose of implementing this Agreement.
13.3 Addresses for Notice. Further to Section 13.1 of this Agreement, notice can be
given at the following addresses:
a) If to AMO:
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Executive Director
Main Streets Agreement
Association of Municipalities of Ontario 200 University Avenue, Suite 801
Toronto, ON M5H 3C6
Telephone: 416-971-9856
Email: mainstreets@amo.on.ca
b) If to the Recipient:
Key Municipal Contact
Name Treasurer
Municipal Name
Mailing Address
Town/City, ON POS COD
Telephone:
Email:
14. MISCELLANEOUS
14.1 Counterpart Signature. This Agreement may be signed in counterpart, and the
signed copies will, when attached, constitute an original Agreement.
14.2 Severability. If for any reason a provision of this Agreement that is not a
fundamental term is found to be or becomes invalid or unenforceable, in whole
or in part, it will be deemed to be severable and will be deleted from this
Agreement, but all the other terms and conditions of this Agreement will
continue to be valid and enforceable.
14.3 Waiver. AMO may waive any right in this Agreement only in writing, and any
tolerance or indulgence demonstrated by AMO will not constitute waiver of
rights in this Agreement. Unless a waiver is executed in writing, AMO will be
entitled to seek any remedy that it may have under this Agreement or under the.
law.
14.4 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the Province of Ontario.
14.5 Survival. The Recipient agrees that the following sections and provisions of this
Agreement shall extend for seven (7) years beyond the expiration or.
termination of this Agreement: Sections 5, 6.7, 6.8, 7, 9.4, 9.5, 11.4 and 14.8.
14.6 AMO, Ontario and Recipient independent. The Recipient will ensure its
actions do not establish or will not be deemed to establish a partnership, joint
venture, principal -agent relationship or employer-employee relationship in any
way or for any purpose whatsoever between Ontario and the Recipient,
12
between AMO and the Recipient, between Ontario and a Third Party or between
AMO and a Third Party.
14.7 No Authority to Represent. The Recipient will ensure that it does not
represent itself, including in any agreement with a Third Party, as a partner,
employee or agent of Ontario or AMO.
14.8 Debts Due to AMO. Any amount owed under this Agreement will constitute a
debt due to AMO, which the Recipient will reimburse forthwith, on demand, to
AMO.
14.9 Priority. In the event of a conflict, the part of this Agreement that precedes the
signature of the Parties will take precedence over the Schedules.
15. SCHEDULES
15.1 This Agreement, including:
Schedule A Municipal Allocation
Schedule B Eligible Projects
Schedule C Eligible and Ineligible Costs
Schedule D Reporting
constitute the entire agreement between the Parties with respect to the subject
matter contained in this Agreement and supersedes all prior oral or written
representations and agreements..
13
16. SIGNATURES
IN WITNESS WHEREOF, AMO and the Recipient have respectively executed, sealed and
delivered this Agreement on the date set out on the front page.
RECIPIENT'S NAME: [INSERT MUNICIPAL NAME]
Name:
Title:
Name:
Title:
THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO
By:
Title:
In the presence of:
Date
Date
Date
Witness: Date
14
SCHEDULE A
MUNICPAL ALLOCATION
RECIPIENT'S NAME: [insert municipal name]
ALLOCATION: [insert dollar figure]
The Recipient acknowledges this is a one time payment for Eligible Projects with Eligible Costs.
15
SCHEDULE B
ELIGIBLE PROJECTS
Funding is to be directed to Eligible Projects to support revitalization activities within main
street areas, as defined through an existing Community Improvement Plan or any other
municipal land use planning policy. Funding can be used in one or both of the following
categories:
1. Community Improvement Plan - construction, renewal, renovation or redevelopment
or material enhancement activities that implement priority financial incentives in existing
Community Improvement Plans such as:
a. Commercial building facade improvements
b. Preservation and adaptive reuse of heritage and industrial buildings
c. Provision of affordable housing
d. Space conversion for residential and commercial uses
e. Structural improvements to buildings (e.g. Building Code upgrades)
f. Improvement of community energy efficiency
g. Accessibility enhancements
2. Other Municipal Land Use Planning Policy - construction, renewal or material
enhancement activities to fund strategic Municipal Physical Infrastructure and
promotional projects such as:
a. Signage - wayfinding/directional, and gateway.
b. Streetscaping and landscape improvements - lighting, banners, murals, street
furniture, interpretive elements, public art, urban forestation, accessibility,
telecommunications/broadband equipment, parking, active transportation
infrastructure (e.g. bike racks/storage, cycling lanes and paths) and pedestrian
walkways/trails.
c. Marketing plan implementation - business attraction and promotion activities, special
events.
16
SCHEDULE C
ELIGIBLE AND INELIGIBLE COSTS
1. Eligible Costs include:
a. Costs directly and reasonably incurred on or after April 1, 2018 up to and including the
Project Completion Date by the Recipient for construction, renewal, renovation or
redevelopment or material enhancement activities funded under existing Community
Improvement Plan financial incentive programs.
b. Costs directly and reasonably incurred on or after April 1, 2018 up to and including the
Project Completion Date by the Recipient for construction, renewal or material
enhancement activities funded under the Municipal Physical Infrastructure category
including projects in downtown or main street areas, as defined through an existing
Community Improvement Plan or other municipal land use planning policy that will
support the success of small businesses in main street areas.
2. Ineligible Costs include:
a. Costs incurred prior to Effective Date or after the Project Completion Date;
b. Any costs associated with providing the Annual and Results Reports to AMO;
c. Any costs associated with lobbying Ontario, including other Ministries, agencies and
organizations of the Government of Ontario;
d. Costs associated with construction, renewal, renovation or redevelopment or material
enhancement of all things in the following categories: highways, short -sea shipping,
short -line rail, regional or local airports, and brownfield redevelopment;
e. Costs of infrastructure construction, renewal, renovation or redevelopment or material
enhancement that do not improve energy efficiency, accessibility, aesthetics of
marketability of small businesses within an Recipient's main street areas; or that do not
encourage strategic public investments in municipal and other public infrastructure
within main street areas that will benefit small businesses; or that otherwise will likely
fail to contribute to the success of main street businesses;
f. Costs of infrastructure construction, renewal, renovation or redevelopment or material
enhancement outside of the Recipient's main street areas, as defined through an
existing Community Improvement Plan or other municipal land use planning policy;
The cost of leasing of equipment by the Recipient, any overhead costs, including
salaries and other employment benefits of any employees of the Recipient, its direct or
indirect operating or administrative costs of Recipients, and more specifically its costs
related to planning, engineering, architecture, supervision, management and other
g.
17
activities normally carried out by its staff, except in accordance with Eligible Costs
above;
h. Taxes, to which the Recipient is eligible for a tax rebate;
i. Purchase of land or any interest therein, and related costs; and,
j. Routine repair and maintenance Municipal Physical Infrastructure.
18
SCHEDULE D
REPORTING
1. Communication Report
Immediately following the Municipality executing this Agreement the Recipient will provide
AMO a Communication Report in an electronic format deemed acceptable to AMO, consisting
of the following:
Project Title
Project
Description
Eligible Project
Category (CIP/
Municipal Physical
Infrastructure
Total Project
Cost
Estimate of Funds
(Main Street)
Spent
Opening Balance
$xxx
Received from AMO
$xxx
$xxx
Interest Earned
$xxx
$xxx
Received from An Eligible
Recipient
2. Annual Report
The Recipient will provide to AMO an Annual Report in an electronic format deemed
acceptable to AMO, consisting of the following:
a. Financial Reporting Table: The financial report table will be submitted in accordance with
the following template:
Annual Report Financial Table
Annual
Cumulative
20xx
2018 - 2020
Opening Balance
$xxx
Received from AMO
$xxx
$xxx
Interest Earned
$xxx
$xxx
Received from An Eligible
Recipient
$xxx
$xxx
Transferred to an Eligible
Recipient
($xxx)
($xxx)
Spent on Eligible Projects (for
each Eligible Project category)
($xxx)
($xxx)
Closing Balance of
Unspent Funds
$xxx
19
b. Project List: The Recipient will provide to AMO a project list submitted in accordance with
the following template:
Recipient
Project
Title
Project
Description
Eligible
Project
Category
Total
Project
Cost
Main Street
Funds Used
Start & End
Date
Completed?
Yes/No/
Ongoing
3. Project Results.
The Results Report shall outline, in a manner to be provided by AMO, the degree to which
investments in each project are supporting progress towards achieving revitalization within
main street areas:
a. Community Improvement Plan Eligible Projects
• Number of small businesses supported;
• Total value of physical improvements;
• Total Main Street Funds provided;
• Total Municipal investment; and,
• Total private investment.
b. Municipal Physical Infrastructure Eligible Projects
• Total value of physical improvements;
• Total Main Street Funds provided; and
• Total municipal investment.
20
ATTACHMENT # cR TO REPORT #61\97'17
GUIDE TO THE MUNICIPAL FUNDING AGREEMENT
CONTACT: mainst:reets@a nc on.ca
200 University Avenue, Suite 801
Toronto, ON., M5H 3C6
P: 416.971.9856
MARCH 2018
N
TABLE OF CON'1'NTS
03 _Municipal Checklist
04_Introduction
04 FAQ
06 New information added - May 2018
12 _ Appendices
a..
Pass Municipal By -Law Authorizing MFA See Appendix A for a sample As soon as possible
r�
ba
E -sign MFA and
MUNICIPA
CHECKLIST
Immediate Action Where is More Info When
electronically submit to
AMO See page 9 for more As soon as possible
E-mail (mainstreets@arno.on.ca) information
the Authorizing
By-law to AMO
2018 Project notification for See page 10 for details on
communications purposes to
AMO what is required
As soon as possible
Longer Term Action Where is More Info When
Annual and Results Report See page 10 for details on
what is required
By May 15th of every year
(until funds are spent)
INTRODUCTION
The Main Street Revitalization Initiative is a $26 million fund to help municipal
governments undertake main street revitalization activities that support and
benefit small businesses. AMO has agreed to administer the funding on behalf
gap of the Ministry of Agriculture, Food and Rural Affairs (OMAFRA). AMO signed
the Agreement with OMAFRA on March 12, 2018. The Agreement's effective
date is April 1, 2018.
All lower and single tier municipal governments are eligible for the allocation
based funding. The formula for the funding was established by OMAFRA
without the need for an application or matching funding. It empowers
municipalities to make investment decisions within the program's parameters.
What is eligible?
As of April 1, 2018, municipal governments can invest in revitalization activities that will support
small businesses through activities undertaken to revitalize main streets. The work can be
identified as priority through an existing Community Improvement Plan or municipal physical
infrastructure priorities identified through other municipal land use planning document for the
municipality's main street that involves the construction, renewal, renovation or redevelopment,
or material enhancement in each of the following categories:
Implementation of priority financial incentives in existing Community Improvement Plans such
as:
a. Commercial building facade improvements;
b. Preservation and adaptive reuse of heritage and industrial buildings;
c. Provision of affordable housing;
d. Space conversion for residential and commercial uses;
e. Structural improvements to buildings (e.g. Building Code upgrades);
f. Improvement of community energy efficiency; and
g. Accessibility enhancements.
Funding of strategic municipal physical infrastructure such as:
a. Signage - wayfinding/directional, and gateway;
b. Streetscaping and landscape improvements - lighting, banners, murals, street
furniture, interpretive elements, public art, urban forestation, accessibility,
telecommunications/broadband equipment, parking, active transportation
infrastructure (e.g. bike racks/storage, cycling lanes and paths) and pedestrian
walkways/trails; and
c. Marketing plan implementation - business attraction and promotion activities,
special events.
Municipalities can identify projects in one or both categories.
What ty-
Eligible Costs
• Costs directly and reasonably incurred on or after April 1, 2018 up to and including
March 31, 2020 for construction, renewal, or material enhancement activities
funded under existing Community Improvement Plan financial incentive programs;
and/or,
• Costs directly and reasonably incurred on or after April 1, 2018 up to and including
March 31, 2020 for construction, renewal or material enhancement activities
funded under the Municipal Physical Infrastructure category, including projects
in downtown or main street areas, as defined through an existing Community
Improvement Plan or other municipal land use planning policy that will support the
success of small businesses in main street areas.
3es of costs are eligible?
Ineligible Costs
• Costs incurred prior to April 1, 2018 or after March 31, 2020;
• Any costs associated with providing any Reports to AMO;
• Any costs associated with lobbying Ontario, including other Ministries, agencies and
organizations of the Government of Ontario;
• Costs for infrastructure works in the following categories: highways, short -sea
shipping, short -line rail, regional or local airports, and brownfield redevelopment;
• Costs of infrastructure works that does not improve energy efficiency, accessibility,
aesthetics of marketability of small business within a main street area;
• Costs of infrastructure works outside of main street areas, as defined through an
existing Community Improvement Plan or other municipal land use planning policy;
• The cost of leasing of equipment, any overhead costs, including salaries and
other employment benefits of any employees, its direct or indirect operating or
administrative costs, and more specifically its costs related to planning, engineering,
architecture, supervision, management and other activities normally carried out by
its staff, except in accordance with eligible costs above;
• Taxes, to which the municipality is eligible for a tax rebate;
• Purchase of land or any interest therein, and related costs; and,
• Routine repair and maintenance costs.
Would the c_evelo_3ment of a Community
Im_3rovement Plan be eligible?
No. The program is focused on implementation of existing Community Improvement Plans or
priorities through other existing municipal land use planning policies. Municipalities that do not
have a Community Improvement Plan can implement eligible priority projects through the official
plan, economic development strategy, downtown revitalization plan or another related plan in
support of the municipal main street.
•
Further inter
3retation of eligibility
A number of small municipalities have asked for additional discussion on project eligibility and
some examples of projects that might be eligible in the absence of a Community Improvement
Plan (CIP), a discernible "main street" area or in the case of very limited commercial activity in the
community.
Main Street projects must be consistent with the requirements set out in the transfer payment
agreement (TPA). The following discussion is intended to reflect a broader interpretation of the
rules to assist municipal staff and councils in the deliberations in selecting appropriate projects
that comply with the TPA.
Ultimately, the purpose of the program is to support revitalization, economic activity and
enterprises in the municipality. All Main Street projects should support this purpose. While
there is room for interpretation consistent with the program objectives, municipal staff and
Councils should take note of the TPA provisions excluding certain types of costs (i.e., projects and
expenditures) which are categorically ineligible.
Here are some ideas that may be helpful.
In municipalities where there is no defined main street (or your main street is a provincial
highway), the funding should be used within any built-up area, defined through municipal
planning policy (e.g., hamlets, villages).
Main Street funding cannot be used to create a Community Improvement Plan (CIP). However,
a municipality can create a CIP using other resources and then use Main Street funding to
implement financial incentives under the new CIP (by March 31, 2020).
The Main Street funding cannot be used to create a strategic marketing plan. However, the
funding can be used for activities related to implementing part of a strategic marketing plan. For
example: some costs for a one-time festival in the municipality that is intended to attract visitors
or to otherwise generate economic activity could be eligible. Alternately, tangible capital assets
purchased (e.g., lights, staging, fencing, signage, banners) to support an annual gathering or
festival in accordance with a strategic marketing plan or similar approved plan could be eligible.
Any marketing or promotional activity as part of a strategic marketing plan could be eligible.
Under the category of Municipal Physical Infrastructure, there is considerable scope for creative
project ideas. Here are some project ideas that might be considered:
• The development of a centrally located space that can be used for rotating commercial
activity, such as a farmers' market, seasonal craft market, flea market, or pop-up retail,
etc.
• Equipping a key location (e.g., dockside, parking lot, picnic area, trail head) with
electricity, lighting, etc., to support visiting food truck, commercial stalls, etc.
• Beautification, landscaping, tree planting or murals etc., within the planned, built-up
area of the community with no defined "Main Street".
• Improvements to public spaces and buildings (exclusive of routine repair and
maintenance) that enhance the aesthetic appeal of the community, including public
spaces associated with municipal buildings, community centres, church properties,
historic cemetery etc.
•
• Renewal or restoration of an historic or heritage site, monument or public space owned
by the municipality.
• Wayfinding signage throughout the municipality that highlights locations of interest
e.g., historic sites, farm stands, boat lunches etc.
• Accessibility or other improvements to a playground, community centre or other places
where people gather.
• Creating a gateway to the community including features such as signage, lighting,
benches, local information, etc.
• Creating facilities (or events) that make your community a destination for cyclists,
hikers, snowmobilers, boaters, rowers, skaters, skateboarders, artists, hobbyists, crafts
people, etc.
In the case of all of the above examples, the purpose of the expenditure of Main Street funding
should be to create an environment that will benefit small business activity in the community or
support the attraction of economic activity (e.g., tourism).
When does the money have to be s-
pent?
Municipalities have to March 31, 2020 to spend the funds on an eligible project.
During this time, municipalities must earn interest on the Funds so that they have more for the
project later.
What about the -municipal share of a ?rolect
that will receive furling from another
revenue source or _3rogram?
Municipalities can fund 100% of total project costs with Main Street dollars. If another program
has restrictions on the use of funds, they must be adhered to.
If you are using multiple sources of funding, the project also has to be eligible under the terms and
conditions of these multiple programs.
What if our mu wa__-1.ts to _3artner
on a _Droiect?
The Main Street Agreement encourages collaboration, building of partnerships and strategic
alliances when working on eligible projects.
If a municipality is transferring funds to another municipality, it must be done via by-law. The
municipality transferring funds is responsible for reporting on the transfer in annual reporting. The
municipality receiving Main Street Funds is responsible for reporting that the Funds were received
and is responsible for all other reporting requirements, including project details and spending.
If a municipality is transferring funds to a non -municipal entity, such as a for-profit company,
council will have to endorse the project through a grant agreement. Under this situation,
municipalities are still responsible for meeting all the requirements of the Agreement related to the
use of the transferred Main Street Funds, including all reporting.
What is the allocation formula?
Municipal
Allocation
Base
Funding
Small
+ Community -I-
Adjustment
Per Capita
Allocation
Base Funding
is the amount
distributed equally
among all eligible
municipalities
Small Community
Adjustment is the
amount distributed
equally among
municipalities with
a population less
than 25,000
Per Capita
Allocation is a per
capita amount based
on 2016 population,
as outlined in the
2016 Census of
Population
Total funding, less administrative costs, is allocated as follows across the three components:
Base Funding:
Small Community Adjustment:
Per Capita Component:
50% of total funding;
11.5% of total funding;
38.5% of total funding.
Once a municipal government has fully executed an Agreement with AMO and provide the
appropriate information for the transfer of the funds, the one time allocation will be paid out.
I Tow much of the fun_ing is A
ac_ ministration?
0 using for
AMO will need just 6% of the $26 million to deliver this program to all eligible municipalities and
report in aggregate to OMAFRA as required by the Agreement.
What re3orting is recuirec
of munici_Dalities?
Building on the success of the risk management framework established under the federal Gas Tax
Agreement, municipalities only need to report initial upfront anticipated projects for 2018 and
then once annually on projects until all the funds are spent.
Reminc
me how the auc
it f ra m ewo r
wor
<s?
Municipalities will not have to complete audits. Instead the program will use a risk based approach
that recognizes municipalities as a mature and accountable order of government. In this approach,
the municipal contact for the Main Street Municipal Funding Agreement will be the Treasurer, no
exceptions. In addition, AMO will audit approximately 10% of municipalities annually to provide
assurance to Ontario on municipal compliance.
Is there an agreement munici
sign?
Dalities have to
Yes. AMO is using the a digital platform provided by its partner, Solutions Notarius Inc., to sign
the Municipal Funding Agreement (MFA). A municipality must electronically sign (e -sign) the
MFA with AMO to receive funding. Please have the appropriate signing officers e -sign the MFA.
The municipal by-law authorizing the municipality to enter into the agreement can be emailed to
AMO at m ainstreets@a- o.on.ca. See Appendix A for a sample by-law.
Appendix B includes a cross-reference between the MFA with the OMAFRA-AMO Agreement.
What is e -signing?
An e -signature is a signature that can be applied in a document by a signer electronically. AMO
uses Notarius' Consigno Cloud software to sign documents electronically.
The municipal signing officer will receive a signature request to the MFA by email from AMO.
They will be asked to open a link to a signing session in that email. The Consigno Cloud software
certifies a signer's identity with two -factor authentication. The signing officer will be asked to
provide a second authentication credential (e.g. an answer to a security question, like an online
money transfer) before they can access the document. Once they are able to access the document,
they will be asked to fill-in specific fields prior to finally signing off on the MFA. AMO will then
be notified that the document has been signed and staff will review to ensure the document is
complete before AMO e -signs the MFA. A final, signed copy of the MFA will then be provided to
the municipality and to AMO electronically for record keeping.
•
0
Signing officers to the MFA are not required to subscribe or install any software on their
computer to sign the document. Documents can be signed on a mobile device or on a desktop
computer. For further details on the e -signing requirement, please refer to the process document.
What else is requires
of munici-aalities?
There are a number of requirements both now and over the life of the Agreement.
As soon as possible, notification to AMO of the types of projects council wishes to undertake in
2018 is required.
As well there is annual reporting and results reporting similar to what municipalities already do
under the federal Gas Tax Agreement through AMO's website. These reports will be due to AMO
by May 15, 2019 and every year thereafter until the funds are spent.
What is results re-
Qorting?
The results report will demonstrate how the funding has been invested in a community to
support revitalization within main street areas:
Community Improvement Plan Eligible Projects
• Number of small businesses supported;
• Total value of physical improvements;
• Total Main Street Funds provided;
• Total Municipal investment; and,
• Total private investment.
Municipal Physical Infrastructure Eligible Projects
• Total value of physical improvements;
• Total Main Street Funds provided; and
• Total municipal investment.
More details are in Schedule D of the MFA.
Are there communication recuirements?
Yes. Municipal governments will be expected to acknowledge funding of projects by the Province
by inviting the Province to participate in media events or announcements related to projects
funded under the Main Street Revitalization Initiative.
More details are in Section 3 of the MFA.
m
w°9
a�
.d ro
Can we sell the asset?
0.
Assets purchased or constructed using Main Street funds must be for public use and benefit. If
a municipality wishes to dispose of assets prior to March 31, 2021 and it is valued at more than
$50,000 at the time of disposal the written consent of the province is required.
APPENDIX A
Sample Municipal By -Law
WHEREAS the Municipality wishes to enter into an Agreement in order to
participate in Ontario's Main Streets Revitalization Initiative;
AND WHEREAS the Municipality acknowledges that Funds received
through the Agreement must be invested in an interest bearing reserve
account until the earliest of expenditure or March 31, 2020;
Now THEREFORE, the Council of the [MUNICIPAL NAME], a municipal
corporation pursuant to the Municipal Act, 2001;
ENACTS AS FOLLOWS
That the Mayor/Reeve/Regional Chair/Warden and [SIGNING
AUTHORITY, i.e. Clerk] are hereby authorized to execute this Municipal
Funding Agreement for the transfer of Main Streets Revitalization
Initiatives funds between the Association of Municipalities of Ontario and
[MUNICIPAL NAME] as in Schedule A attached hereto.
Schedule A shall form part of this by-law.
m
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ba
0
APPENDIX B
Cross -Reference Table 3etween MFA and OMAFRA-AMO Agreement
Munici
Dal Funcing Agreement OMAFRA-AMO Agreement
(MFA) Provision
Provision
Section 1- Definitions and Interpretation
Schedule A Article 1
Section 1.1 Definitions
Schedule A Article A1.2
Section 1.2 Interpretation
Schedule A Article A1.1
Section 2 - Term of Agreement
Schedule A Article A3
Section 2.1 Term
Schedule A Article A3.1
Section 2.2 Amendment
Section 3.1
Section 2.3 Notice
Schedule A Article Al2
Section 3 - Recipient Requirements
Schedule A Article A5, A8
Section 3.1 Communications
Schedule B Article B1.7
Section 3.2 Contracts
Schedule A Article A5.2
Section 4 - Eligible Projects
Schedule D Article D2.1
Section 4.1 Eligible Projects
Schedule D Article D2.1 5 and 6
Section 4.2 Recipient Fully Responsible
Schedule A Article A4.4
Section 5 - Eligible Costs
Schedule D Article D3.1
Section 5.1 Eligible Costs
Schedule D Article D3.1
Section 5.2 Discretion of Ontario
Schedule D Article D2.1
Section 5.3 Unspent Funds
Schedule A Article A15
Section 5.4 Reasonable Access
Schedule A Article A7
Section 5.5 Retention Receipts
Schedule A Article A7
Section 6 - Funds
Schedule C Activity 1
Section 6.1 Allocation of Funds
Schedule C Activity 1
Section 6.2 Transfer of Funds to a Municipality
AMO Provision
Section 6.3 Transfer of Funds to a non -municipal
entity
AMO Provision
Section 6.4 Use of Funds
Schedule D Article D2.1
Section 6.5 Payout of Funds
AMO Provision
Section 6.6 Use of Funds
Schedule A Article A4.6
Section 6.7 Funds Advanced
ScheduleA Article A17
Section 6.8 Expenditure of Funds
Schedule B Article B1.2
Section 6.9 GST & HST
Schedule A Article A4.10
Section 6.10 Limit of Ontario's Financial
Commitments
Schedule A Article A4.2
Section 6.11 Stacking
AMO Provision
Section 6.12 Insufficient funds provided by Ontario
AMO Provision
Section 7 - Reporting Requirements
Schedule F
Section 7.1 Communication Report
Schedule F
Section 7.2 Annual Report
Schedule F
Section.7.3 Results Report
Schedule F
Section 8 Records Audit
Schedule A Article A7
- and
Section 8.1 Accounting Principles
Schedule A Article A1.1, A7.2
Section 8.2 Separate Records
Schedule A Article A7.2
Section 8.3 External Auditor
Schedule A Article A7.3
Section 9 - Insurance and Indemnity
Schedule A Article All
Section 9.1 Insurance
Schedule A Article All
Section 9.2 Certificates of Insurance
Schedule A Article A11.2
Section 9.3 AMO not liable
AMC) Provision
Section 9.4 Recipient to Compensate Ontario
Schedule A Article All
Section 9.5 Recipient to Indemnify AMO
AMO Provision
Section 10 - Disposal
Schedule A Article A5.3
Section 10.1 Disposal
Schedule A Article A5.3 and Schedule B Article B1.5
Section 11- Default and Termination
Schedule A Article A14
Section 11.1 Event of Default
Schedule A Article A14.1
Section 11.2 Waiver
AMO Provision
Section 11.3 Remedies of Default
Schedule A Article A14.3
Section 11.4 Repayment of Funds
Schedule A Article A14.2
Section 12 - Conflict of Interest
Schedule A Article A6
Section 12.1 No conflict of interest
Schedule A Article A6.2
Section 13 - Notice
Standard Provision
Section 13.1 Notice
Standard Provision
Section 13.2 Representatives
Standard Provision
Section 13.3 Addresses for Notice
Standard Provision
Section 14 - Miscellaneous
Various sections listed in detail below
Section 14.1 Counterpart Signature
Section 2.1
Section 14.2 Severability
Schedule A Article A20
Section 14.3 Waiver
Schedule A Article A21
Section 14.4 Governing Law
Schedule A Article A24
Section 14.5 Survival
Schedule A Article A30
Section 14.6 AMO, Ontario and Recipient
independent
Schedule A Article A22
Section 14.7 No Authority to Represent
AMO Provision
Section 14.8 Debts Due to AMO
Schedule A Article A15, A17.2
Section 14.9 Priority
Schedule A Article A1.3
Section 15 - Schedules
Standard Provision.
Section 16 - Signatures
Standard Provision
Schedule A - Municipal Allocation
Schedule C Activity 1
Schedule B - Eligible Projects
Schedule D Article D2.1 5 and 6
Schedule C - Eligible and Ineligible Costs
Schedule D Article D3.1
Schedule D - Reporting
Schedule F
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