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HomeMy WebLinkAboutCS 40-19Report to Council Report Number: CS 40-19 Date: October 21, 2019 From: Marisa Carpino Director, Community Services Subject: Investing in Canada Infrastructure Program: Community, Culture and Recreation -Endorsement of City of Pickering Application -File: A-1440 Recommendation: 1.That Council authorize staff to initiate and submit the Investing in Canada Infrastructure Program: Community Culture and Recreation grant application for the Chestnut Hill Developments Recreation Complex reconstruction project; 2.That Council authorize staff to initiate and submit the Investing in Canada Infrastructure Program: Community Culture and Recreation grant application for the Pickering Heritage & Community Centre construction project; 3.That Council authorize staff to initiate and submit the Investing in Canada Infrastructure Program: Community Culture and Recreation grant application for the Performing Arts Centre construction project; 4.That a copy of this report be forwarded to Jennifer O’Connell, MP, Pickering-Uxbridge; 5.That a copy of this report be forwarded to Peter Bethlenfalvy, MPP, Pickering-Uxbridge; and, 6.That the appropriate City of Pickering officials be authorized to take necessary action to give effect hereto. Executive Summary: In recent weeks, the Province of Ontario announced the Community, Culture and Recreation stream of the Investing in Canada Infrastructure Program (ICIP). ICIP is a cost-shared infrastructure funding program between the federal government, provinces and territories, municipalities and other recipients. Since the objective of this funding stream is to support projects that improve access to and/or quality of community, cultural, and recreation priority infrastructure projects and municipalities are not limited in the number of applications they can submit, staff are preparing to submit an application for the following projects which are eligible under the Multi-Purpose Category: 1.Chestnut Hill Developments Recreation Complex reconstruction project 2.Pickering Heritage & Community Centre construction project 3.Performing Arts Centre construction project CS 40-19 October 21 Subject: Investing in Canada Infrastructure Program: Page 2 Community Culture and Recreation The purpose of this report is to receive an approved Council resolution authorizing staff to prepare and submit the City’s Canada Infrastructure Program Community, Culture and Recreation grant application for these projects. This Council resolution is recommended, by the grant agencies, to be submitted with our application by the deadline of November 14, 2019. Financial Implications: Approximately 407 million dollars in federal funding and 320 million dollars in provincial funding will be available for the Community, Culture and Recreation stream over 10 years starting in 2019-2020. The following breakdown defines the maximum cost-share percentages of total eligible costs.  Federal Contribution: 40 percent  Provincial Contribution: 33.33 percent  Applicant Contribution: 26.67 percent The City’s application will request the maximum funding available, under the grant program, to offset the project capital (construction/reconstruction) costs. Discussion: The ICIP is a federal program designed to create long-term economic growth, build inclusive, sustainable and resilient communities and support a low-carbon economy. The Province of Ontario is a cost sharing partner in these programs. The ICIP is funding cost- share projects under the following four streams:  Public Transit  Green Infrastructure  Community, Culture and Recreation  Rural and Northern Communities. In recent weeks, the Province of Ontario has announced the release of the ICIP Community, Culture and Recreation Funding stream. Within this stream, Ontario is supporting community infrastructure priorities across the province. Community infrastructure is defined as publicly accessible, multi-purpose spaces that bring together a variety of different services, programs and/or social and cultural activities to reflect local community needs. In short, the Community, Culture and Recreation stream supports projects that improve access to and/or quality of community, cultural, and recreation priority infrastructure projects. Priority is given to projects that are community-oriented, non-commercial and open to the public. Projects must be completed prior to 2027-28. In addition to federal criteria, Ontario’s objectives for the current proposed Community, Culture and Recreation stream project intake are noted below. Projects will be assessed based on their alignment with these objectives: CS 40-19 October 21 Subject: Investing in Canada Infrastructure Program: Page 3 Community Culture and Recreation Meets community and user needs or service gap Promotes good asset management planning Represents good value for money Fosters greater accessibility City staff are prepared to submit three applications on behalf of the City of Pickering which includes the following: 1.Chestnut Hill Developments Recreation Complex reconstruction project valued at approximately 8.6 million dollars. This will include the renovation of the dressing rooms, whirlpool/sauna, 2nd floor cardio studio, reception/lobby, and tennis court resurfacing, painting and roof replacement. 2.Pickering Heritage & Community Centre construction project valued at approximately 22 million dollars. This will include the construction of a new 44,000 square foot heritage and community centre and parking lot, and demolition of the existing Administration Building and Greenwood Community Centre. 3.Performing Arts Centre construction project valued at approximately 50 million dollars. This project will include the new construction of a 50,000 square foot Performing Arts Centre with 600 seat theatre, community/rehearsal space with kitchenette, large lobby and back of house amenities (loading dock, dressing room, green rooms, staff offices, piano room etc.) These projects are considered by staff to be eligible for funding under Multi-Purpose Category of the ICIP Community, Culture and Recreation Funding stream. The Multi-Purpose Category focuses on the principle of integrated service delivery to address identified service gaps. The individual project cap will generally be 50 million dollars in total project cost, but exceptions may be made in some cases. Eligible projects consist of new build; construction projects; larger scale renovation; or expansion of existing facilities. Applications are due to be submitted by November 14, 2019 and selected applicants will be notified by Spring 2020. At this time, staff seek an approved Council resolution expressing commitment to Pickering’s Age - Friendly Community Planning Grant application and program therein. This Council resolution is recommended, by the grant agencies, to be submitted with the City’s application to demonstrate Council support. Attachments: 1.Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding stream Ontario Program Guidelines Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream Ontario Program Guidelines 1 INVESTING IN CANADA INFRASTRUCTURE PROGRAM: Community Culture and Recreation Program Guidelines Attachment No. 1 to CS 40-19 Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream Ontario Program Guidelines 2 Table of Contents 1. Overview – Investing in Canada Infrastructure Program ............................................... 4 2. Objectives Community, Culture and Recreation Stream................................................ 5 3. Applicant Eligibility ........................................................................................................... 5 4. Project Eligibility and Conditions .................................................................................... 6 4.1 Eligible Projects ........................................................................................................... 6 4.2 Joint Projects ............................................................................................................... 8 4.3 Other Project Conditions .............................................................................................. 8 5. Project Submission Process ............................................................................................ 9 5.1 Number of Project Submissions ................................................................................... 9 5.2 Submissions and Funding Approval Steps ................................................................... 9 6. Timelines ..........................................................................................................................10 7. Evaluation Process ..........................................................................................................11 7.1 Recipient Eligibility and Application Completeness .....................................................11 7.2 Project Scope Review .................................................................................................11 7.3 Alignment with Provincial Objectives ...........................................................................11 7.3.1 Asset Management Planning ......................................................................................11 8. Financial, Contractual and Reporting Requirements ....................................................12 8.1 Maximum Project Costs ..............................................................................................12 8.2 Cost Sharing ...............................................................................................................12 8.3 Stacking of Funding ....................................................................................................13 8.4 Eligible Costs ..............................................................................................................13 8.5 Ineligible Costs ...........................................................................................................14 8.6 Payments ....................................................................................................................15 8.7 Contractual Obligations ...............................................................................................15 8.8 Reporting Requirements .............................................................................................15 9. Consultations with Indigenous Peoples .........................................................................15 10. Further Information ......................................................................................................16 Appendix A – Technical Criteria ...........................................................................................17 Appendix B – Federal Program Parameters ..........................................................................18 I. Eligible Recipients.......................................................................................................18 II. Procurement ...............................................................................................................19 III. Climate Lens Assessment ...........................................................................................19 IV. Community Employment Benefits ...............................................................................19 V. Environmental Assessment .........................................................................................19 Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream Ontario Program Guidelines 3 VI.Indigenous Consultation .............................................................................................20 Appendix C – Asset Management Regulation Phase-In Schedule [municipalities only] ...21 Asset Management Plan .......................................................................................................21 Asset Management Phase-in Schedule .................................................................................21 Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream Ontario Program Guidelines 4 1.Overview – Investing in Canada Infrastructure Program The Investing in Canada Infrastructure Program (ICIP) is a federal program designed to create long-term economic growth, build inclusive, sustainable and resilient communities and support a low-carbon economy. Through the ICIP, the federal government is providing $11.8 billion dollars in federal infrastructure funding to cost-share projects under the following four streams: •Public Transit •Green Infrastructure •Community, Culture and Recreation •Rural and Northern Communities The Province of Ontario is a cost sharing partner in these programs. Under this intake of the Community, Culture and Recreation Funding stream, Ontario is supporting community infrastructure priorities across the province. Community infrastructure is defined as publicly accessible, multi-purpose spaces that bring together a variety of different services, programs and/or social and cultural activities to reflect local community needs. Approximately $407 million in federal funding and $320 million in provincial funding will be available for the Community, Culture and Recreation stream over 10 years starting in 2019-20. At least $30 million of federal funding must be carved out for off-reserve Indigenous projects.* The following breakdown defines the maximum cost-share percentages of total eligible costs. Percentage Federal Contribution 40.00 Provincial Contribution 33.33 Applicant Contribution 26.67 The following breakdown defines the maximum cost-share percentages of total eligible costs for Indigenous recipients (e.g. First Nations, Indigenous communities and organizations). Percentage Federal Contribution 75.00 Provincial Contribution 18.33 Indigenous Contribution 6.67 * Note: Projects with an Indigenous focus will not be limited to funding from the $30 million federal carve out for off-reserve Indigenous projects. Indigenous applicants will also be eligible for funding under the broader stream. Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream Ontario Program Guidelines 5 2.Objectives Community, Culture and Recreation Stream The Community, Culture and Recreation stream supports projects that improve access to and / or quality of community, cultural, and recreation priority infrastructure projects. Priority is given to projects that are community-oriented, non-commercial and open to the public. Projects must be completed prior to 2027-28. In addition to federal criteria, Ontario’s objectives for the current proposed Community, Culture and Recreation stream project intake are noted below. Projects will be assessed based on their alignment with these objectives: •Meets community and user needs or service gap •Promotes good asset management planning •Represents good value for money •Fosters greater accessibility See sections 4 and 7 for more details on these assessment criteria. The intake will include two categories of funding: •Multi-Purpose Category •Rehabilitation and Renovation Category Note: The Community, Culture and Recreation intake is a competitive process. Funding approval is not guaranteed. In addition, the Province may contact an applicant to request additional information or for clarification on information provided in the application form or supporting documentation. 3.Applicant Eligibility Eligible applicants under Ontario’s Community, Culture and Recreation Funding stream are: •Municipalities •First Nations •Other Indigenous communities / organizations •Broader public sector organizations* •Non-Profit organizations *Broader public sector organizations include, for example, school boards, hospitals, colleges and universities. Note: Joint projects between multiple eligible applicants, particularly those that service multiple communities, are encouraged and will be given additional consideration as part of the assessment process. Note: Education and health care facilities are ineligible for funding, with the exception of those advancing Truth and Reconciliation Commission Calls to Action. However, broader public sector organizations that typically deliver health care and education could apply for projects outside Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream Ontario Program Guidelines 6 their core mandate as long as they meet federal and provincial criteria. For example, a school board could apply for funding to construct or renovate a community centre attached to a school. 4. Project Eligibility and Conditions 4.1 Eligible Projects (1) Required Eligibility Criteria: a. A project must include a capital component. A project may also include pre- construction planning and design work; however, planning and design work are not eligible as stand-alone projects. b. A project must meet the outcome of improving access to and/or increasing quality of cultural, recreational and/or community infrastructure for Ontarians. Facilities must be publicly accessible. c. A project must meet the following minimum technical requirements: i. Project meets federal criteria and is aligned with provincial objectives and priorities ii. Demonstrated organizational capacity to implement the project iii. Demonstrated ongoing financing to manage operating pressures without creating operating and/or capital cost-pressures for the Province, municipalities, Consolidated Municipal Service Managers and District Social Service Administration Boards, from new infrastructure iv. Demonstrated availability of cost-shared funding to proceed with project v. Demonstrated project readiness vi. Operational plan developed (alignment with asset management plans for municipal projects) vii. Demonstrated community need for proposed project/service (e.g., service delivery gap / lack of access to services) For more details regarding these minimum criteria for evaluation, refer to Appendix A. Note: Applicants are permitted to use approved funding from other project-based capital programs to demonstrate ongoing financing and availability of cost-shared funding. (2) Eligible asset type*: • recreation facilities (e.g., hockey arenas, multipurpose recreation centres, playing fields) • cultural facilities (e.g., theatres, libraries, museums, cultural centres, civic squares, performing arts centres) • community centres / hubs (e.g., multi-purpose spaces that bring together a variety of different services, community centres including recreation facilities) • education and health facilities advancing Truth and Reconciliation Commission Calls to Action (e.g., funding for new and/or existing Indigenous healing centres, spaces in education facilities for traditional teaching/programming) Note: applicants are encouraged to reach out to a Regional Advisor or the ICIP Community, Culture and Recreation team at ICIPculture@ontario.ca or 1-888-222-0174 if they have questions or need clarification. Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream Ontario Program Guidelines 7 (3) Eligible project types: a. Multi-Purpose Category: This project category focuses on the principle of integrated service delivery to address identified service gaps. The individual project cap will generally be $50 million in total project cost, but exceptions may be made in some cases. Eligible projects consist of: o new build / construction projects o larger scale renovation o expansion of existing facilities. b. Rehabilitation and Renovation Category This project category focuses on maximizing the funding impact of small-scale projects that would improve the condition of existing facilities. The individual project cap is $5 million in total project cost. Eligible projects consist of: o renovation and rehabilitations to address functionality and use of existing facilities o Small-scale improvements to address accessibility (e.g., hand rails, ramps, accessible doors/parking/elevators, wayfinding and signage etc.) o Small new build / construction projects of recreation, cultural or community centre infrastructure (e.g., playing fields, tennis courts, small community squares) Note: broader facilities that include ineligible components (e.g., community centres with a neighbourhood health centre component) can be scoped to apply for only eligible components. Note: projects that focus on vulnerable populations (e.g., low income persons) and Indigenous people will be given additional consideration as part of the assessment process. (4) Other requirements: Projects must meet the following other criteria to be considered eligible: ✓ Capital components must be owned by an eligible entity. ✓ Projects must be substantially completed by March 31, 2027. ✓ Projects must be informed by and consistent with an applicants’ asset management plan (municipalities only). ✓ Projects components must meet or exceed the requirement of the highest published accessibility standard in Ontario in addition to applicable provincial building codes and relevant municipal by-laws, and any applicable accessible design guidelines. ✓ Project components must meet or exceed any applicable energy efficiency standards for buildings outlined in the Pan-Canadian Framework on Clean Growth and Climate Change. Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream Ontario Program Guidelines 8 ✓ For joint projects with other eligible applicants, all applicants must also secure the endorsement of their projects by their respective municipal, CMSM/DSSAB or First Nation Band Council, board of directors, or governing body and provide the Ministry with evidence of such endorsement in the form of by-laws / resolutions / letters of agreement. • Integrated asset types: Applicants must select only one primary project asset type but may integrate more than one eligible project asset type (e.g., community centre with adjoining hockey arena). Integrated projects must demonstrate that each component of the project for which the applicant is requesting funding meets eligibility requirements. • Asset ownership: Municipalities must attest to owning the infrastructure assets put forward for funding. 4.2 Joint Projects Joint projects between eligible applicants are encouraged. Joint projects are those where each co-applicant contributes financially to the project or to the operation of the facility. The cap may be flexible for joint projects. All applicants must meet the applicant eligibility criteria. Joint projects may be larger than projects submitted by a single applicant, as joint applicants may combine the grant funding they request. Neighbouring communities are encouraged to work together to assess co-use of facilities to address service level gaps and to achieve economies of scale. The lead applicant will be required to sign a transfer payment agreement with the province and also enter into a partnership agreement with the other eligible applicant(s) that will be contributing to the project. Funds will only be made available to the lead applicant, who is responsible for the financial management of the project and meeting provincial reporting requirements. Successful joint applicants are encouraged to enter into an agreement clearly setting out the nature of their relationship and key elements of the project in line with the Community, Culture and Recreation stream application and with funding approval described in the projects ICIP transfer payment agreement. 4.3 Other Project Conditions Projects must comply with the following conditions to be considered eligible: (1) Contract Award Date: Contracts must be awarded after federal approval of funding. Contracts awarded before approval of funding are not eligible for reimbursement. (2) Energy standards: Projects must meet or exceed any applicable energy efficiency standards for buildings outlined in the Pan-Canadian Framework on Clean Growth and Climate Change. (3) Accessibility standards: Projects must meet or exceed the requirements of the highest published accessibility standard in a jurisdiction in addition to applicable provincial building codes and relevant municipal by-laws and accessible design guidelines. Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream Ontario Program Guidelines 9 (4) Asset management plans [municipalities only]: Projects should be informed by an applicant’s asset management plan as outlined in Asset Management Planning for Municipal Infrastructure Regulation, O. Reg. 588/17This means the proposed project was identified based on the plan’s prioritized lifecycle activities (e.g., construction, maintenance, renewal, rehabilitation, replacement, etc.) for the applicable asset category (e.g., community, recreation and cultural facilities). For example, if an applicant has identified recreation centre needs as a priority lifecycle activity within its asset management plan, then submission of a recreation centre project would be appropriate. Where a project is not based on an asset management plan, a strong rationale must be provided in the application form. Note: project prioritization in an asset management plan does not apply in cases where the project assets are not owned by the municipality. (5) Supporting documentation [First Nations only]: Projects should be identified in, or supported by, a 5-Year Capital Plan; a Comprehensive Community Plan; a Strategic Community Plan; an Asset Conditions Reporting System report; a Feasibility Study or Detailed Design. Where not based on a supporting document, a strong rationale must be provided. The province may request an electronic copy of one or more supporting documents during the project review stage. (6) Financial sustainability: Projects must have a financial plan in place to operate the assets and not seek senior level government support for ongoing operational funding. First Nations applicants may have operational funding arrangements with the federal government that satisfy this condition. 5. Project Submission Process 5.1 Number of Project Submissions Eligible applicants can apply for multiple projects. 5.2 Submissions and Funding Approval Steps Step 1: Applicants must register or login online through the Province of Ontario’s online grant portal, Transfer Payment Ontario. Step by step support for working with the online grant portal are found here. For full functionality, the support tool link must be opened in Internet Explorer. Step 2: Applicants must fully complete one Community, Culture and Recreation funding stream application form and the applicable business case. Completion of only one business case is required; the business case must correspond to the funding stream. The application form and the associated business case are available through the Transfer Payment Ontario online portal. Please follow the prompts in the application form and business case to respond to each question. Step 3 [joint projects]: A joint project submitted by multiple applicants must provide supporting documentation by way of an individual partner-member municipal council resolution, a band council resolution or board of directors’ resolutions or letter of agreement, clearly stating the project name and applicant / recipient contribution to the project. Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream Ontario Program Guidelines 10 Step 4: The application and required attachments (i.e., business cases, supporting documents, etc.) must be submitted through Transfer Payment Ontario by 11:59 p.m. EDT on November 12, 2019. A scanned application form will not be accepted. Failure to meet submission requirements will result in an incomplete submission and the submission may be considered ineligible. If you are unable to submit the application form through the Transfer Payment Ontario, please contact: TPONCC@ontario.ca or call (416) 325-6691/(855) 216-3090. Step 5: Once the completed application form has been submitted, an automated acknowledgement of receipt and a file number will be emailed to the applicant. Step 6: Projects will be assessed by the province and nominated for federal government review and approval. Provincial project nomination to the federal government does not guarantee funding approval. Step 7: Applicants will be notified of both successful and unsuccessful projects. Provincial staff will be available to provide feedback for unsuccessful projects, if requested. Step 8: The province may request applicants to provide an attestation that the recipient share of funding to undertake and complete the project has been secured. Step 9: Successful municipal applicants will be required to obtain a municipal by-law or council resolution; other applicants will be required to submit a board of directors’ resolution or letter of agreement or band council resolution to execute the project level transfer payment agreement with the provincial government. Step 10: The transfer payment agreement will require procurement to be executed through a value-for-money process. Projects must undertake a competitive pricing or tendering process to demonstrate value-for-money. Applicants may be requested by the province to provide: •Copies of proposals or bids from three (3) bidders; •Statement indicating selected bidder; and •Written explanation if the lowest bid is not chosen. 6.Timelines •Applications and all supporting documentations must be submitted through Grants Ontario by 11:59 p.m. EDT on November 12, 2019. Note: that applications will not be accepted after this time. All supporting documentation must also be submitted by the deadline in order to be considered part of the application. Applicants cannot change the proposed project after the application deadline unless extraordinary circumstances arise (e.g., destruction of an arena) and permission is granted by the province. •The province will notify applicants if their project has been selected for nomination to the federal government for review and approval in winter 2020 (estimated). •Applicants will be notified of the federal funding decision in spring/summer 2020 (estimated). •Projects must be completed by March 31, 2027. Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream Ontario Program Guidelines 11 7. Evaluation Process 7.1 Recipient Eligibility and Application Completeness Recipients must meet Community, Culture and Recreation program eligibility requirements. Additionally, all mandatory fields of the application form must be populated correctly for a submission to be considered validated and complete. For more information, refer to Section 4 above regarding eligibility and to 4.1.4 regarding eligible categories of funding under the program. 7.2 Project Scope Review Projects must meet federal project eligibility requirements, be technically viable and be achievable within the program timelines. 7.3 Alignment with Provincial Objectives a) Applicants must demonstrate that projects meet the following objectives under the Community, Culture and Recreation stream: a. Meets community and user needs: identified and demonstrable community- level need or service gap, including barriers to social inclusion and accessibility for Ontarians with disabilities, and underserved small communities; b. Promotes good asset management: demonstrates optimization of assets, including through multi-purpose and integrated service delivery; aligns with municipal asset management plans (municipalities only); c. Represents good value for money: demonstrated efficiency and value for money. The most cost-effective option for delivering a similar level of service should be sought, maximizing population/communities served; d. Foster greater accessibility: commitment to meeting minimum highest level of accessibility standards; use of Universal Design Principles and innovative solutions to increasing accessibility beyond minimum standards. See Appendix A for details of the technical criteria associated with these objectives. Note: Please refer to the Community, Culture and Recreation stream Business case on the Grants Ontario website. 7.3.1 Asset Management Planning Ontario Regulation 588/17- Asset Management Planning for Municipal Infrastructure, or the Asset Management Planning Regulation sets out new requirements for undertaking municipal asset management planning. The regulation is being phased in over a 6-year period, with progressive milestone requirements for municipalities with respect to their asset management plans. For clarity, at the time of application, the asset management plan used to inform the proposed project can be developed according to either the province’s 2012 Guide (Building together: guide for municipal asset management plans) or the new asset management planning regulation. As part of project reporting requirements, and to remain eligible for funding, successful municipal applicants are required to submit their updated asset management plans in Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream Ontario Program Guidelines 12 accordance with the regulation for the duration of the project. For example, municipalities that have an active project in 2021 will be required to submit asset management plans developed in accordance with the first phase of the regulation. Please refer to the Appendix which summarizes key regulation milestones in 2021, 2023 and 2024 for municipal asset management plans. For more information about asset management planning, as well as tools and supports available to help municipalities develop and improve their plans, please visit the http://www.ontario.ca/assetmanagement. 8. Financial, Contractual and Reporting Requirements 8.1 Maximum Project Costs Rehabilitation and Renovation Category: o The maximum total eligible cost per project for a single applicant is $5 million o For projects with multiple applicants (i.e., joint projects), each applicant can submit up to $5 million of total eligible project costs. For example, a joint project with three eligible co- applicants can submit a project with a maximum total eligible project cost of $15 million. Multi-purpose Category: o The maximum total eligible cost per project for a single applicant is $50 million. The cap may be flexible for joint projects. Value for money will be a significant funding consideration. If an applicant’s project exceeds $50 million, please contact ICIPculture@ontario.ca or call 1-888-222-0174. Note: Projects that have a total eligible cost of more than $10 million must complete a federal climate lens assessment and report on community employment benefits. See Appendix for more information. Note: Applicants must pay for all ineligible project costs as well as any cost over-runs experienced on a project. Cost over-runs reflect any costs that exceed the total project cost submitted at the time of application. 8.2 Cost Sharing The following breakdown defines the maximum cost share percentages of the total eligible cost: Applicant Type Federal Cost Share (Max %) Provincial Cost Share (Max %) Applicant Cost Share (Min %) Municipality 40% 33.33% 26.67% Non-Profit 40% 33.33% 26.67% BPS 40% 33.33% 26.67% Indigenous Recipient 75% 18.33% 6.67% Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream Ontario Program Guidelines 13 Note: The cost-sharing breakdown assumes municipal or Indigenous applicants own or have control over the asset being nominated for funding and is subject to change For instance, this means that: • An eligible municipality may request up to 73.33% of the total eligible costs. • Indigenous recipient may request up to 93.33% of the total eligible costs. 8.3 Stacking of Funding General: • Applicants may combine funding received through the Community, Culture and Recreation funding stream and funding from another project-based capital program. • Applicants can apply for a project at the same location as a project already receiving funding from another capital program where the project in question would be ineligible for Community, Culture and Recreation funding, but the applicant must clearly scope out the component that is unique to the Community, Culture and Recreation funding stream application. Applicants who are not sure how to best combine funding are encouraged to contact a Regional Advisor or the ICIP Community, Culture and Recreation team at ICIPculture@ontario.ca or call 1-888-222-0174 before submitting an application. 8.4 Eligible Costs Project costs are eligible only if they are incurred after federal approval. Eligible Expenditures will include the following: • All costs considered by Canada and Ontario to be direct and necessary for the successful implementation of an eligible Project, and which may include third party costs such as project management, capital costs, construction and materials, design / engineering and planning, contingency costs (25% maximum), and costs related to meeting specific Program requirements, including completing climate lens assessments (see Note 2 below) and creating community employment benefit plans; • The incremental costs of employees of a Recipient may be included as Eligible Expenditures for a Project under the following conditions: o The Recipient is able to demonstrate that it is not economically feasible to tender a contract; and o The arrangement is approved in advance and in writing by Canada and Ontario. o Note: Applicants submitting for these costs must submit a rationale for the use of own-force labour when the application is submitted. Note 1: Contracts must be awarded after federal approval of funding. Contracts awarded before approval of funding are not eligible for reimbursement. Note 2: Costs associated with completing climate lens assessments, which are eligible before project approval, but can only be paid if and when a project is approved by Canada for contribution funding under contracts Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream Ontario Program Guidelines 14 Note 3: Capital costs are only eligible once the project receives notification that Canada is satisfied that the applicant has met its Duty to Consult and Environmental Assessment requirements. Before this notification is received, no site preparation, vegetation removal or construction may take place. 8.5 Ineligible Costs When a project meets a federal outcome in the Community, Culture and Recreation Infrastructure stream, it is not eligible for funding if it: • has a private sector, for-profit Ultimate Recipient; • is a stand-alone daycare facility, for-profit daycare facility, daycare facility associated with a school board, or a daycare facility funded under Canada's Early Learning and Child Care initiative; • is a religious site that serves as a place of assembly for religious purposes, which includes among others, a site, church, mosque, synagogue, temple, chapel (e.g., within a convent or seminary), shrine or meeting house; or • is a professional or semi-professional sport facility that is primarily a commercial operation, such as those that serve major junior hockey leagues. Other ineligible project costs include: • Costs incurred before federal project approval and all expenditures related to contracts signed prior to federal project approval, except for expenditures associated with completing climate lens assessments • Costs incurred for cancelled projects • Costs related to health or education functions (except for those advancing Truth and Reconciliation Commission Calls to Action) • Acquisition or leasing of land, buildings and other facilities • Leasing equipment other than equipment directly related to the construction of the project • Real estate fees and related costs • Financing charges • Legal fees • Loan interest payments including those related to easements (e.g. surveys) • Costs of completing the application • Taxes, regardless of rebate eligibility • Any goods and services costs which are received through donation or In-kind • Staff costs, unless pre-approved by the federal and provincial governments • Operating costs and regularly scheduled maintenance work • Costs related to furnishing and non-fixed assets which are not essential for the operation of the project • Costs that have not been claimed for reimbursement by March 31 of year following the year in which the costs were incurred (e.g., costs incurred between April 1, 2018 and March 31, 2019 must be submitted for reimbursement no later than March 31, 2020). Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream Ontario Program Guidelines 15 • All capital costs, including site preparation and construction costs, until Canada has confirmed in writing that environmental assessment and Indigenous consultation obligations have been met and continue to be met. • All costs related to any component of the project other than the approved scope A more detailed list of eligible and ineligible expenditure categories will be provided in individual project level contribution agreements. 8.6 Payments Funding is claims based and will be reimbursed upon review and approval of eligible costs under transfer payment agreements. Reimbursement of claims is based on the cost sharing percentage. The claims process requires Recipients to submit claims for the Ministry’s review, approval and submission to Canada and for Canada’s review and approval once received from Ontario. The claims format will be outlined in individual contribution agreements. All costs must be incurred by March 31, 2027. Recipients are required to keep all receipts/invoices and claims as they are subject to audit by the province or the federal government. Note: A holdback of 10% may be applied to payments under the program. The holdback would be released upon successful completion of all reporting requirements following project completion. 8.7 Contractual Obligations Successful applicants will be required to sign a provincial contribution agreement containing clauses regarding, among other things, items such as insurance, arm’s length requirements, communications (including project signage), reporting requirements, and obligations with respect to consultations with Indigenous groups. Successful applicants will be required to obtain a municipal council resolution or board of director/governing body resolution or letter of agreement to execute the project level contribution agreement with the province. Joint applicants will be required to enter into a joint partnership agreement and must provide a copy of that agreement to Ontario. For cases where the applicant is not the asset owner, the province will provide additional support to coordinate the execution of the transfer payment agreement. Successful municipalities will also be required to complete an Asset Management Self- Assessment prior to signing their contribution agreement. 8.8 Reporting Requirements Specific reporting requirements will be outlined in individual transfer payment agreements. 9. Consultations with Indigenous Peoples The Government of Canada, the Government of Ontario and municipalities may have a duty to consult and, where appropriate, accommodate Indigenous peoples (e.g., First Nation and Métis communities) where an activity is contemplated that may adversely impact an established or asserted Aboriginal or treaty right. Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream Ontario Program Guidelines 16 Before providing funding to a project, the Government of Ontario will assess whether its duty to consult obligations are engaged. If the duty to consult is triggered, Ontario may delegate the procedural aspects of consultation to project proponents. Therefore, it is important that all applicants recognize that a duty to consult process may be necessary and appropriately plan for this work (e.g., resources, time, etc.) as part of their funding submission. The application form contains preliminary questions to begin considering the potential that a duty to consult may exist. Consultation requirements will vary depending on the size and location of the project in question and the depth and scope of the project’s potential adverse impacts on Aboriginal treaty rights. For successful applications, the province will provide further details in writing surrounding specific consultation requirements, including which communities require consultation. Throughout the duration of the project applicants should ensure they are fulfilling the duty to consult requirements delegated to them. 10. Further Information Please contact a Regional Advisor or the ICIP Community Culture and Recreation team can be reached by telephone at 1-888-222-0174 or by email at ICIPculture@ontario.ca. Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream Ontario Program Guidelines 17 Appendix A – Technical Criteria The province will assess and prioritize projects for federal nomination and funding based on the following criteria, aligned with provincial objectives: Provincial Objective A: Meets Community and User Needs Criterion 1: Community Need Applications must demonstrate that the proposed project is filling a clearly identified and documented service level gap and that there is a need in the community for the services that will be provided. Applicants should demonstrate that community members are in need of proposed services, and that the project will provide them with access to the required services. This may include both quantitative elements (e.g., demographic data), and qualitative elements (e.g., evidence that the community lacks access to services). Additional consideration will be given to projects focusing on vulnerable populations and/or Indigenous people (First Nations, Métis and Inuit populations). Criterion 2: Funding Need for Proposed Project Projects will be assessed according to greater funding need, including the cost of the proposed project per household, median household income and weighted property assessment per household. Note: for Indigenous Communities, proxy values may be applied. In general, applicants with greater funding need (i.e., higher project cost per household, lower median household income, lower weighted property assessment per household) will be more competitive in the evaluation process. However, applicants must still be able to fund all project costs and potential cost over-runs to be eligible for funding. Applicants should clearly note whether user fees or other sources of revenue are collected at the facility. Provincial Objective B: Promotes Good Asset Management Criterion 3: Provincial Land-Use Planning Projects must be aligned and support the expected and required provincial priorities and outcomes, as set out in provincial land use policy, provincial land use plans, and municipal official plans and supported by policy direction in the Provincial Policy Statement (PPS). Criterion 4: Efficiencies Through Joint Projects Additional consideration will be given to joint projects for providing benefit to multiple communities and generating efficiencies and community benefits. Criterion 5: Project Readiness Applications must demonstrate that planning in underway and that the projects are ready to begin, to ensure completion within federal timelines. Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream Ontario Program Guidelines 18 Provincial Objective C: Represents Good Value for Money Criterion 6: Financial Risk Assessment and Due Diligence The Province will conduct a financial risk assessment to ensure that sufficient resources are available to support project completion, including coverage of any cost overruns. Projects should have a financial plan in place to operate the assets and not seek senior level government support for operational funding. The Province may request additional supporting documentation upon review of the application. Criterion 7: Organizational Capacity for Implementation Projects will be evaluated based on organizational capacity. Organizations must demonstrate capacity to carry out capital project and implement the requested project and to manage ongoing costs related to operating the facility. Applicants must demonstrate that organizations (or partners) have sufficient funding to commit to the project (i.e., funding in place for the cost- shared amount, or demonstrated ability to fundraise the required amount). Criterion 8: Developed Operational Plan Applicants must demonstrate that there is a strong operational plan in place for the ongoing operation of the facility. This will include alignment with asset management plans for municipalities and may include memoranda of understanding for joint projects/partnerships. Provincial Objective D: Fosters Greater Accessibility Criterion 9: Accessibility Applications must demonstrate that projects will meet the highest published accessibility standards in alignment with the Accessibility for Ontarians with Disabilities Act (AODA) and the Ontario Building Code. Projects will additionally be evaluated based on exceeding minimum standards; use of Universal Design Principles, accessible guidelines and innovative solutions to increasing accessibility. Appendix B – Federal Program Parameters In the event of any conflict, contradiction or inconsistency in interpretation, the federal language in the Appendix shall prevail over summaries provided in the body of the guidelines. I. Eligible Recipients Eligible recipients for the Community, Culture and Recreation funding stream, subject to the terms and conditions of the Canada-Ontario ICIP Agreement, include: a) An Ontario municipal or regional government established by or under provincial statute; b) An Ontario’s broader public sector organizations (school boards, hospitals, colleges and universities). These entities can apply for funding of projects outside of their regular business. However, core business functions are not eligible (e.g., health and education services). c) Non-profit organizations d) First Nations and Indigenous Communities Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream Ontario Program Guidelines 19 II. Procurement • Successful applicants must award third-party contracts in a way that is fair, transparent, competitive and consistent with value-for-money principles, or in a manner otherwise acceptable to Canada, and if applicable, in accordance with the Canadian Free Trade Agreement and international trade agreements. Applicants must adopt a value for money procurement approach. Any requests for sole source procurement exemptions will be evaluated on a case-by-case basis and requires pre-approval by the federal and provincial governments. Sole source procurement is not encouraged as approval is not guaranteed. (Refer to Section 4.5 above) III. Climate Lens Assessment Applicants with projects that have a total eligible cost of $10 million or more are required to complete a climate lens assessment using methodologies developed by the federal government after federal government approval of the project. The climate lens assessment consists of two potential assessments for projects being brought forward for funding which include a greenhouse gas (GHG) mitigation assessment and a climate change resilience assessment. Visit Infrastructure Canada’s Climate Lens – General Guidance webpage for information on how to complete the assessment. Costs associated with completing climate lens assessments are eligible before project approval but can only be paid if and when a project is approved by Canada for contribution funding under this Agreement. Applicants are permitted to defer the Climate Lens assessment at the time of application, with the rationale that the Climate Lens assessment will be conducted during the detailed design phase of the project. Applicants can contact the Climate Services Support Desk to obtain standardized climate lens data that can be used to support the completion of climate lens assessments. IV. Community Employment Benefits Applicants with projects that have a total eligible cost of $10 million or more are required to report on community employment benefits provided to at least three federal target groups (apprentices - from traditionally disadvantaged communities, Indigenous peoples, women, persons with disabilities, veterans, youth, new Canadians, or small-medium-sized enterprises and social enterprises). Visit the Community Employment Benefits General Guidance webpage for more information. Additional details on this reporting will be provided to Recipients when applicable. V. Environmental Assessment No site preparation, vegetation removal or construction will occur for a Project and Canada and Ontario have no obligation to pay any Eligible Expenditures that are capital costs, as determined Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream Ontario Program Guidelines 20 by Canada and Ontario, until Canada and Ontario are satisfied that the federal requirements are met and continue to be met: • Requirements under the Canadian Environmental Assessment Act, 2012 (CEAA, 2012), • other applicable federal environmental assessment legislation that is or may come into force during the term of this Agreement, and; • other applicable agreements between Canada and Indigenous groups (also referred to as Indigenous Peoples). VI. Indigenous Consultation No site preparation, vegetation removal or construction will occur for a Project and Canada and Ontario have no obligation to pay any Eligible Expenditures that are capital costs, as determined by Canada and Ontario, until Canada and Ontario is satisfied that any legal duty to consult, and where appropriate, to accommodate Indigenous groups (also referred to as Indigenous Peoples) or other federal consultation requirement has been met and continues to be met. If required, Canada must be satisfied that for each Project: a) Indigenous groups have been notified and, if applicable, consulted; b) If applicable, a summary of consultation or engagement activities has been provided, including a list of Indigenous groups consulted, concerns raised, and how each of the concerns have been addressed, or if not addressed, an explanation as to why not; c) Accommodation measures, where appropriate, are being carried out by Ontario or the Ultimate Recipient and these costs may be considered Eligible; and d) Any other information has been provided that Canada may deem appropriate. Investing in Canada Infrastructure Program – Community, Culture and Recreation Funding Stream Ontario Program Guidelines 21 Appendix C – Asset Management Regulation Phase-In Schedule [municipalities only] Asset Management Plan Ontario Regulation 588/17- Asset Management Planning for Municipal Infrastructure, or the Asset Management Regulation sets out new requirements for undertaking asset management planning. The regulation will be phased in over a 6-year period, with progressive requirements for municipalities with respect to their asset management plans. Asset Management Phase-in Schedule Date Milestone July 1, 2019 Date for municipalities to have a finalized strategic asset management policy that promotes best practices and links asset management planning with budgeting, operations, maintenance and other municipal planning activities. July 1, 2021 Date for municipalities to have an approved asset management plan for core assets (roads, bridges and culverts, water, wastewater and stormwater management systems, arenas, theatres) that identifies current levels of service and the cost of maintaining those levels of service. July 1, 2023 Date for municipalities to have an approved asset management plan for all municipal infrastructure assets that identifies current levels of service and the cost of maintaining those levels of service. July 1, 2024 Date for municipalities to have an approved asset management plan for all municipal infrastructure assets that builds upon the requirements set out in 2023. This includes an identification of proposed levels of service, what activities will be required to meet proposed levels of service, and a strategy to fund these activities. Recipients will also be required to complete an Asset Management Self -Assessment prior to signing their TPA. For more information about asset management planning, as well as tools and supports available to help municipalities develop and improve their plans, please visit the http://www.ontario.ca/assetmanagement. Memo To: Mayor Ryan and Members of Council October 21, 2019 From: Marisa Carpino Director, Community Services Copy: Chief Administrative Officer City Clerk Subject: Report CS 40-2019 - Correction to the Council Meeting Agenda of October 21, 2019 File: A-1440 The purpose of this memorandum is to correct an error in Report CS 40-19, Agenda Item 8.2, of the Council Meeting Agenda dated October 21, 2019. The last paragraph of this report (on page 106) reads: “At this time, staff seek an approved Council resolution expressing commitment to Pickering’s Age-Friendly Community Planning Grant application and program therein. This Council resolution is recommended, by the grant agencies, to be submitted with the City’s application to demonstrate Council support.” Please accept the following as its replacement: At this time, staff seek a Council resolution authorizing the preparation and submission of the City of Pickering’s “Investing in Canada Infrastructure Program: Community, Culture and Recreation” applications. This Council resolution is recommended, by the grant agencies, to be submitted with the City’s application to demonstrate Council support. Also, please be advised that the application deadline is November 12, 2019. Thank You. :mc