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RED Agreement
Agreement
This agreement made as of the ___________
day of ____________, 2007
Between:
Her Majesty the Queen in right of Ontario
as represented by the Minister of Agriculture, Food and
Rural Affairs
(the "Ministry")
- and -
"[Click here and type Legal Names of Recipients
name]"
Whereas the Ministry has established the Rural Economic
Development Program to address barriers to economic growth,
and ensure that Ontario's small town and rural communities
remain viable, healthy and vibrant places in which to live,
work and invest;
And Whereas the Recipients have applied to the Ministry
for funding to "[Click here and type purpose for which
Recipients applied for grant funding]" ;
And Whereas it is the desire of the Ministry to
fund the Recipients for the purpose of removing barriers
to economic development in rural Ontario;
Now Therefore in consideration of the mutual covenants
and agreements contained herein and for other good and valuable
consideration, the receipt and sufficiency of which is hereby
expressly acknowledged, the parties hereto agree as follows:
1.0 Definitions
1.1 In this Agreement the following words shall have the
following meanings:
- "Agreement" means this Agreement entered into
between the Ministry and the Recipients and all schedules
and attachments to this Agreement and any instrument amending
this Agreement;
- "Completion Date" means date of submission
of the final claim as identified in Schedule B entitled
"Approved Budget",
- "Eligible Cost" means those expenditures
incurred after "[Click here and type Approval Date
]" and prior to the Completion Date related directly
to the Project and identified as Eligible Costs in Schedule
B entitled "Approved Budget",
- "Fiscal Year" means the period beginning
on April 1st of a year and ending on March 31st of the
following year;
- "Grant Fund(s)(ing)" means the grant funds
provided to the Recipients by the Ministry pursuant to
this Agreement as a proportionate share of the total Eligible
Costs;
- "Project" means the Project described in
Schedule "A";
- "Project Anniversary Date" is the date
in each successive year during the term of the Agreement
which falls upon the conclusion of each 12 month interval
following the date of the commencement of the project.
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2.0 Term of the Agreement
2.1 The Agreement shall commence on "[Click here and
type Approval Date ]" and shall expire no later than
six (6) months following the completion date unless terminated
earlier pursuant to either section 17.0 or 18.0 of this
Agreement.
3.0 Grant Funding
3.1 The Ministry shall provide up to $"[Click here
and type Funding approved ]" to the Recipients for
the purpose of completing the Project.
3.2 The Ministry shall provide the Grant Funds to the Recipients
in the proportion of "[Click here and type % approved]"
% ("[Click here and type Percentage ]" percent)
of the total Eligible Costs as described in the Approved
Budget attached as Schedule "B".
3.3 Subject to section 6.3, the Ministry shall disburse
the Grant Funds upon receipt and approval by the Ministry
of the Claim Submission attached as Schedule "C",
including original invoices and proofs of payment.
3.4 Despite sections 3.1 and 3.2, the Ministry, in its
sole discretion, may adjust the amount of Grant Funding
to be provided to the Recipients in any Fiscal Year during
which the Agreement is in effect based upon the Ministry's
assessment of the current year's Annual Financial Report
provided to the Ministry pursuant to section 7.1.
3.5 Despite sections 3.1 and 3.2, the Ministry shall not
provide any Grant Funds to the Recipients until the insurance
requirements described in section 14.0 have been met.
4.0 Project
4.1 The Recipients shall be responsible to ensure that
the undertaking, implementation and completion of the Project
is substantially in accordance with the description of the
Project attached as Schedule "A" and Schedule
B entitled " Approved Budget".
4.2 The Recipients shall not make any changes to the Project
without the prior written consent of the Ministry.
4.3 The Recipients shall carry out the Project in accordance
with the time lines provided in the Project Description
attached as Schedule "A" and shall complete the
Project by "[Click here and type Completion Date]"
.
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5.0 Funding Payment
5.1 The Recipients shall only seek reimbursement for actual
expenses paid for the purpose of completing the Project
in accordance with the eligible costs identified in Schedule
B entitled "Approved Budget".
5.2 The Recipients shall not make any changes to projected
eligible expenses identified in Schedule "B" without
the prior written consent of the Ministry.
5.3 Where the actual expenses paid by the Recipients are
lower than the projected eligible expenses identified in
Schedule "B", the Recipients shall notify the
Ministry and the Ministry may, in its sole discretion, adjust
the Grant Funding.
5.4 The Recipients shall immediately notify the Ministry
if they do not intend to carry out the Project in whole
or in part as specified in Schedule "A" in which
case the Ministry may, in its sole discretion, adjust the
Grant Funding.
6.0 Payment Terms
6.1 The Ministry shall reimburse the Grant Funds to the
Recipients in the proportion of "[Click here and type
% approved]" % ("[Click here and type Percentage
]" percent) of the total Eligible Costs as described
in the Approved Budget attached as Schedule "B"
and in accordance with the conditions referred to in subsection
6.2.
6.2 In order for a cost or expense to be eligible for Grant
Funding pursuant to this Agreement,
-
the cost or expense must,
-
be reasonable;
-
be directly related to the components
of the Project as described in Schedule "A";
-
be specifically identified as an Eligible
Cost for the Project as set out in Schedule B;
-
have been incurred after "[Click
here and type Approval Date]" and no later than
"[Click here and type Completion Date]" ;
and
-
be an actual cash outlay to third parties
acting at arm's length that can be documented through
original invoices or proofs of payment;
-
a completed Claim Submission attached as Schedule
"C" must be submitted to the Ministry; and
-
all evidence (such as invoices, receipts,
etc.) of payment related to Eligible Costs and such supporting
documentation must be submitted to the Ministry.
6.3 The Ministry may hold back an amount not exceeding
l0% (ten percent) of the Approved Budget submitted and approved
pending the completion of the Project by the Recipients
to the satisfaction of the Ministry.
6.4 The Ministry may, in its sole discretion, withhold
payments of future Grant Funding if the Ministry, acting
reasonably, is not satisfied that there is adequate evidence
of progress being made to achieve the Project, if there
has been an breach listed under section 18.1(b)(c) or (d),
or if the Recipients have incurred a cost overrun for the
Project and have not arranged additional financing to pay
for such cost.
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7.0 Reports
7.1 During the term of the Agreement, the Recipients shall
submit the reports described in subsections 7.2, 7.3, 7.4,
7.5 and 7.6 to the Ministry.
7.2 On the dates provided for in Schedule B , the Recipients
shall submit the Claim Submission as shown in Schedule "C"
in a form satisfactory to the Ministry which includes a
detailed description of the Project and the results achieved
to the date of the Submission.
7.3 On or before February 15th and August 15th of each
Fiscal Year, the Recipients shall submit Projected Expenditure
Reports as shown in Schedule "D" in a form satisfactory
to the Ministry outlining the current cash flow and projections
and the Recipient shall follow such administrative procedures
as are specified from time to time by the Ministry.
7.4 Within 60 days of each Project Anniversary Date, an
Annual Financial Report in the form shown in Schedule "E"
must be submitted to the Ministry which shall:
-
be prepared by a qualified person showing Eligible
Costs incurred and paid by the Recipient during the
previous year with verification of the sources of the
funding that paid for such Eligible Costs;
-
show details of any variance from the Project, the
Budget and/or the Project schedule; and
-
include any other information respecting the Project
that may be requested by the Ministry.
7.5 On or before 90 days after the final Claim Submission
has been submitted, a Final Report with the information
as described in Schedule "F" must be submitted
to the Ministry which shall include,
-
a detailed description of the Project and the results
achieved to the date of the Statement;
-
the details of any variance from the Project, the Budget
and/or the Project schedule;
-
a final Financial Statement showing Eligible Costs
incurred and paid; and
-
any other information respecting the Project that may
be requested by the Ministry.
7.6 The Recipients shall ensure that all reports are in
a form satisfactory to the Ministry and that every report
or financial statement is signed on behalf of the Recipients
by a person authorized to sign it.
8.0 Recipients Warrants
8.1 The Recipients warrant that they shall carry out the
Project in compliance with all federal, provincial or municipal
laws or regulations, or any orders, rules or by-laws related
to any aspect of the Project.
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9.0 Further Conditions
9.1 The Ministry shall be entitled, at any time, to impose
such additional terms or conditions on the use of the Grant
Funds which it, in its sole discretion, considers appropriate
for the proper expenditure and management of the Grant Funds
and the carrying out and completion of the Project and shall
be entitled to impose such terms and conditions on any consent
granted pursuant to this Agreement.
10.0 Accounting and Review
10.1 In completing the Project, the Recipients:
-
shall conduct themselves in accordance
with all applicable laws;
-
shall keep and maintain all financial
records, invoices and other financially-related documents
relating to the Ministry Grant Funding or otherwise to
the Project in a manner consistent with generally accepted
accounting principles and clerical practices, and shall
maintain such records and keep them available for review
by the Ministry for a period of seven (7) years from the
date of the expiry or termination of this Agreement;
-
shall maintain all non-financial documents
and records relating to the Ministry Grant Funding or
otherwise to the Project, including any records it receives
about the people it serves, in a confidential manner consistent
with all applicable law; and
- hereby authorizes the Ministry, upon twenty-four (24) hours'
notice and during normal business hours, to enter upon the
Recipients' premises to review the status and manner of operation
of the Project and to inspect and copy any financial records,
invoices and other financially-related documents, and subject
to consent by the person it serves, non-financial records
and documents, in the possession or under the control of the
Recipients which relate to the Grant Funding or otherwise
to the Project.
10.2 The Ministry's right of inspection in this Agreement
includes the right to perform a full or partial audit.
10.3 To assist the Ministry in the task described in this
section, the Recipients shall provide any other information
to the Ministry reasonably requested by the Ministry.
10.4 The purposes for which the Ministry may exercise its
right under this section include:
-
determining for what items and purposes
the Recipients expended the Grant Funds;
-
determining whether, and to what extent,
the Recipients expended the Grant Funds with due regard
to economy and efficiency; and
- determining whether the Recipients completed the Project
effectively and in accordance with the terms of this Agreement.
11.0 Tendering for Goods and Services
11.1 The Recipients shall acquire all supplies, equipment
and services purchased with the Grant Funds through a competitive
process that ensures the best value for funds expended.
For equipment, services and supplies the cost of which exceeds
$25,000.00 the Recipients shall ensure that at least three
written quotes are obtained unless:
-
the expertise being purchased is specialized
and is not readily available; or
- the market has previously been researched for a similar
purchase and prevailing market costs for the equipment, services
or supplies purchased are known
11.2 If the Recipients do not use a competitive process
as required under section 11.1 and do not obtain three written
quotes because the supplies, equipment and services that
exceed the cost of $25,000.00 meet the conditions outlined
in section 11.1(a) or (b), the Recipients shall obtain the
written consent of the Ministry prior to the acquisition
of the supplies, equipment and services.
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12.0 Conflict of Interest and Confidentiality
12.1 The Recipients shall ensure that the Project is carried
out in all its aspects without a conflict of interest by
any person associated with the Project in whatever capacity.
12.2 For these purposes, a conflict of interest includes
a situation in which a person associated with the Project
or any member of his or her family is able to benefit financially
from his or her involvement in the Project.
12.3 The Recipients shall disclose to the Ministry without
delay any actual or potential situation that may be reasonably
interpreted as either a conflict of interest or a potential
conflict of interest.
12.4 The Recipients acknowledge that the Ministry is bound
by the provisions of the Freedom of Information and Protection
of Privacy Act and regulations thereunder.
13.0 Indemnity
13.1 In no event shall OMAFRA be liable for
-
(any bodily injury, death or property
damage to the Recipients, their employees, agents, or
consultants or for any claim, demand or action by any
third party against the Recipients, their employees, agents,
or consultants, arising out of or in any way related to
this Agreement or the Project; or
- any incidental, indirect, special or consequential damages,
or any loss of use, revenue or profit to the Recipients, their
employees, agents, or consultants arising out of or in any
way related to this Agreement or the Project.
13.2 The Recipients agree to indemnify and hold harmless
Her Majesty the Queen in right of Ontario, her directors,
officers, employees and agents from and against all suits,
judgments, claims, demands, expenses actions, causes of
action and losses (including, without limitation, reasonable
legal expenses and any claim for lien made pursuant to the
Construction Lien Act) and for any and all liability for
damages to property and injury to persons (including death)
which Her Majesty the Queen in right of Ontario, her directors,
officers, employees and agents may incur, otherwise than
by reason of their own negligence or willful misconduct,
as a result of or arising out of or in relation to any breach
by the Recipients of the terms of this Agreement, or the
Recipients' own negligence or willful misconduct.
13.3 The Recipients further agree to indemnify and hold
harmless Her Majesty the Queen in right of Ontario, her
directors, officers, employees and agents, for any incidental,
indirect, special or consequential damages, or any loss
of use, revenue or profit, which Her Majesty the Queen in
right of Ontario, her directors, officers, employees and
agents may incur, otherwise than by reason of their own
negligence or wilful misconduct, as a result of or arising
out of or in relation to any breach by the Recipients of
the terms of this Agreement, or the Recipients' own negligence
or wilful misconduct.
14.0 Insurance
14.1 Each Recipient shall put in effect and maintain for
the period during which the Agreement is in effect, at its
own expense, with insurers acceptable to the Ministry, all
the necessary insurance that would be considered appropriate
for a prudent Recipient of this type undertaking a project
similar to this Project, including:
-
Commercial General Liability Insurance,
for third party bodily injury, personal injury and property
damage to an inclusive limit of not less than Two Million
Dollars ($2,000,000) per occurrence and not less than
Two Million Dollars ($2,000,000) products and completed
operations aggregate. The policy shall include:
- Her Majesty the Queen in right of Ontario as represented
by the Minister of Agriculture, Food and Rural Affairs as
an additional insured;
- Contractual Liability;
- Products and Completed Operations Liability;
- A valid WSIB Clearance Certificate, or Employers Liability
and Voluntary Compensation, which ever applies;
- Tenants Legal Liability; (for premises/building leases
only
- Non-Owned automobile coverage with blanket contractual
and physical damage coverage for hired automobiles; and
- A thirty (30) day written notice of cancellation.
14.2 Before beginning the Project, each Recipient
shall provide the Ministry with a valid Certificate of Insurance
(and any replacements thereof) that references the Project,
and confirms the above requirements. The Recipient shall provide
the Ministry with a copy of the policy and any renewal replacement
certificates as may be necessary.
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15.0 Credit
15.1 The Recipients shall acknowledge the support of the
Ministry in all reports and materials and in all advertising
and publicity relating to the Project, in a format approved
by the Ministry.
15.2 The Recipients acknowledge that the Ministry may publicize
information regarding the Rural Economic Development Program,
including program descriptions, participants and grant amounts.
15.3 The Recipients shall ensure the acknowledgement in
any report or materials indicates that the views expressed
in the report or materials are the views of the Recipients
and do not necessarily reflect those of the Ministry.
16.0 Inspection
16.1 The Ministry reserves the right to inspect any aspect
of the Project at any time.
17.0 Termination by Ministry for Convenience
17.1 The Ministry may in its sole discretion, without liability,
cost or penalty, and without prejudice to any other rights
or remedies of the Ministry under this Agreement or at law
or in equity, terminate this Agreement at any time, for
any reason, upon giving at least thirty (30) days notice
to the Recipients.
17.2 Where notice to terminate is given under this section,
the Ministry may, in its sole discretion, assess the state
of the Project and allow the Recipients to wind down the
Project by the end of the notice period.
18.0 Termination and Default
18.1 The Ministry may, in its sole discretion, without
liability, cost or penalty, and without prejudice to any
other rights or remedies of the Ministry under this Agreement
or at law or in equity, terminate this Agreement immediately
upon giving notice to the Recipients if:
- funding for the Rural Economic Development Program in any
Fiscal Year is not appropriated by the Legislature or is revoked
if previously granted; or
- in the opinion of the Ministry:
-
a Recipient has knowingly provided false
or misleading information regarding its funding request
or in any other communication with the Ministry;
-
a Recipient breaches any term or condition
of this Agreement;
-
the Recipients are unable to complete
the Project or are likely to discontinue it;
-
it is not reasonable for any reason
for the Recipients to complete the Project;
- a material adverse change occurs such that the viability
of a Recipient as a going concern is threatened;
-
a Recipient makes an assignment, proposal,
compromise, or arrangement for the benefit of creditors,
or is petitioned into bankruptcy, or files for the appointment
of a receiver; or
- a Recipient ceases to operate.
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18.2 If the Ministry, in its sole discretion, considers
the nature of the breach under section
18.1 to be such that it can be remedied and that it is
appropriate to allow the Recipients the opportunity to remedy
the breach, the Ministry may give the Recipients an opportunity
to remedy the breach by giving the Recipients written notice
- of the particulars of the breach;
- of the period of time within which the Recipients are required
to remedy the breach;
- that the Ministry shall terminate this Agreement:
- at the end of the notice period provided for in the
notice if the Recipients fail to remedy the breach within
the time specified in the notice, or
- prior to the end of the notice period provided for in
the notice if it becomes apparent to the Ministry that
the Recipients cannot completely remedy the breach within
that time or such further period of time as the Ministry
considers reasonable, or the Recipients are not proceeding
to remedy the breach in a way that is satisfactory to
the Ministry.
18.3 If the Ministry has provided the Recipients with an opportunity
to remedy the breach, and
- the Recipients do not remedy the breach within the time
period specified in the notice; or
- it becomes apparent to the Ministry that the Recipients
cannot completely remedy the breach within the time specified
in the notice or such further period of time as the Ministry
considers reasonable; or
- the Recipients are not proceeding to remedy the breach in
a way that is satisfactory to the Ministry
the Ministry shall have the right to immediately terminate
this Agreement by giving notice of termination to the Recipients.
18.4 In the event of termination pursuant to this section
the effective date of termination shall be the last day
of the notice period, the last day of any subsequent notice
period or immediately, which ever applies.
19.0 Grant Funding Upon Termination
19.1 If this Agreement is terminated by the Ministry pursuant
to sections 17.1 or 18.1, the Ministry shall cancel all
further Grant Funding.
19.2 If this Agreement is terminated by the Ministry for
any reason, the Ministry may in addition to the rights conferred
upon it under this Agreement or in law or in equity, demand
from the Recipients the payment of funds equal to those
provided to the Recipients.
19.3 If the Ministry demands the repayment of any part
of the Grant Funds pursuant to this Agreement the amount
demanded shall be deemed to be a debt due and owing to the
Ministry and the Recipients shall pay the amount to the
Ministry immediately unless the Ministry directs otherwise.
19.4 The Ministry reserves the right to demand interest
on any amount owing by the Recipients at the then current
rate charged by the Province of Ontario on accounts receivable.
19.5 The Recipients shall repay the amount demanded by
cheque payable to the "Minister of Finance" and
mailed to the Ministry to the attention of the Ministry
representative as provided for in section 21.
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20.0 Grant Funding on Expiry of Agreement
20.1 Upon the expiry of the Agreement, the Recipients shall,
upon the demand of the Ministry, repay to the Ministry an
amount equal to any part of the Grant Funds used by the
Recipients for purposes not agreed upon by the Ministry.
This amount shall be a debt due and owing to the Ministry
and the Ministry's right to demand payment of this money
is in addition to the rights conferred upon it under this
Agreement or in law or in equity.
21.0 Notices and Project Representative
21.1 Any notice or communication required to be given under
this Agreement shall be in writing and shall be delivered
personally, delivered by courier or sent by certified or
registered mail, postage prepaid with return receipt requested,
or sent by facsimile addressed to the other party at the
address provided below or at such other address as any of
the Grantees shall later designate to the Ministry in writing.
All notices or communications shall be addressed as follows:
To the Ministry:
Ontario Ministry of Agriculture, Food and Rural Affairs
Rural Community Development Branch
4th Floor,
1 Stone Road West
Guelph, Ontario
N1G 4Y2
Attention: Dr. Brian Cardy, Manager
Fax: (519) 826-4336
To the Recipients:
"[Name and Address ]"
Attention: "[ Name of Contact ]"
Telephone: "[ Phone Number ]"
Fax: "[ Fax Number ]"
"[ Name and Address ]"
Attention: "[ Name of Contact ]"
Telephone: "[ Phone Number ]"
Fax: "[ Fax Number ]"
"[ Name and Address ]"
Attention: "[ Name of Contact ]"
Telephone: "[ Phone Number ]"
Fax: "[ Fax Number ]"
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21.2 All notices shall be effective:
- at the time the delivery is made when the notice is
delivered personally, by courier or by fax; and
- seventy-two (72) hours after deposit in the mail when
the notice is sent by certified, registered or postage
prepaid mail.
21.3 The individual identified above as the representative
of the "[Click here and type Lead Applicant ]"
above will, in the first instance,
- act as the Recipients' Project representative and act
as liaison for the Project with the Manager of the Rural
Community Development Branch, of the Ministry for the
purpose of implementing this Agreement;
- sign, on behalf of all the Recipients, the Claim Submission
attached as Schedule "C", the and the Final
Report attached as Schedule "F"; and
- direct how and to whom the Grant Funds paid by the Ministry
to the Recipients under this Agreement are to made payable.
21.4 The Recipients must provide written notice to the
Ministry naming a new Project representative if the individual
referred to in section 21.3 as the Recipients' Project representative
ceases to perform the requirements under that section.
22.0 Severability of Provisions
22.1 The invalidity or unenforceability of any provision
of this Agreement shall not affect the validity or enforceability
of any other provision of this Agreement and any invalid
or unenforceable provision shall be deemed to be severed.
23.0 Waiver
23.1 A waiver of any failure to comply with any term of
this Agreement must be written and signed by the party providing
the waiver. Each waiver must refer to a specific failure
to comply and shall not have the effect of waiving any subsequent
failures to comply.
24.0 Independent Parties
24.1 The parties are and shall at all times remain independent
of each other and are not and shall not represent themselves
to be the agent, joint venturer, partner or employee of
the other. No representations shall be made or acts taken
by either party which could establish or imply any apparent
relationship of agency, joint venture, partnership or employment
and neither party shall be bound in any manner
whatsoever by any agreements, warranties or representations
made by the other party to any other person nor with respect
to any other action of the other party.
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25.0 Assignment of Agreement or Grant Funds
25.1 The Recipients shall not assign this Agreement or
the Grant Funds or any part thereof without the prior written
consent of the Ministry, which consent shall be in the Ministry's
sole discretion and may be withheld or subject to the terms
and conditions that may be imposed by the Ministry.
26.0 Governing Law
26.1 This Agreement and the rights, obligations and relations
of the parties hereto shall be governed by and construed
in accordance with the laws of the Province of Ontario.
27.0 Further Assurances
27.1 The parties agree to do or cause to be done all acts
or things necessary to implement and carry into effect this
Agreement to its full extent.
28.0 Circumstances Beyond the Control of Either
Party
28.1 Neither party shall be responsible for damage caused
by delay or failure to perform under the terms of this Agreement
resulting from matters beyond the control of the parties
including strike, lockout or any other action arising from
a labour dispute, fire, flood, act of God, war, riot or
other insurrection, lawful act of public authority, or delay
or default caused by a common carrier which cannot be reasonably
foreseen or provided against.
29.0 Survival
29.1 The provisions in sections 7.4 (Final Project Report),
8.0 (Recipients Warrants), 10.0 (Accounting), 13.0 (Indemnity),
15.0 (Credit), 16.0 (Inspection), 19.0 (Grant Funding upon
Termination) and 20.0 (Grant Funding on Expiry of Agreement)
shall survive termination or expiry of this Agreement for
a period of seven (7) years from the date of expiry or termination
of this Agreement.
30.0 Joint and Several Liability
30.1 Each Recipient shall be jointly and severally liable
(each completely and individually liable) to the Ministry
for the fulfillment of the obligations of the Recipients
under this Agreement.
31.1 Schedules
31.1 The following are the schedules attached to and forming
part of this Agreement.
- Schedule "A" (Project Description)
- Schedule "B" (Approved Budget)
- Schedule "C" (Claim Submission)
- Schedule "D" (Projected Expenditure Report)
- Schedule "E" (Financial Report)
- Schedule "F" (Final Report)
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32.0 Priority
32.1 In the event of a conflict or inconsistencies between
the body of this Agreement and the Schedules, the body of
this Agreement shall prevail.
33.0 Entire Agreement
33.1 This Agreement together with the attached schedules
listed in section 31.1 of this Agreement constitutes the
entire Agreement between the parties with respect to the
subject matter contained in the Agreement and supersedes
all prior oral or written representations and agreements.
33.2 This Agreement may only be modified by a written Agreement
duly executed by the parties.
In witness whereof the parties have executed
this Agreement made as of the date first written above.
Her majesty the queen in right
of Ontario as represented by the Minister
of Agriculture, Food and Rural Affairs
_________________________________
The Honourable Leona Dombrowsky
"[ Legal Name of # 1 ]"
per:
________________________________
Name:
Position:
I/we have authority to bind the Recipient
"[ Legal Name of # 2 ]" per:
________________________________
Name:
Position:
I/we have authority to bind the Recipient
Schedule "A"
Project Description
In accordance with section 4.0 of the Agreement, the Recipients
shall complete the Project described below (see attached).
Schedule "B"
Approved Budget
In accordance with section 4.0 of the Agreement, the Recipients
shall carry out the project in accordance with the time
lines and budget provided in the Approved Budget as set
out in Schedule "B" (see attached). The Recipients
shall also provide to the Ministry a Claim Submission (as
set out in Schedules "C"), including original
invoices and proofs of payment, on the due date provided
for in the Approved Budget.
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Approved Budget
File Number: _________________________
Project Title: _________________________
Approval Date: ________________________
completion Date: ______________________
Estimated Costs
Projected Budget Line Item (Description of Projected Expenditures)
____________________________________________________________
Eligible Costs ($) _________________________________
____________________________________________________________
Eligible Costs ($) _________________________________
____________________________________________________________
Eligible Costs ($) _________________________________
____________________________________________________________
Eligible Costs ($) _________________________________
____________________________________________________________
Eligible Costs ($) _________________________________
____________________________________________________________
Eligible Costs ($) _________________________________
____________________________________________________________
Eligible Costs ($) _________________________________
____________________________________________________________
Eligible Costs ($) _________________________________
____________________________________________________________
Eligible Costs ($) _________________________________
____________________________________________________________
Eligible Costs ($) _________________________________
Total Eligible Costs ($) ____________________________________
Cash flow based on estimated costs
Claims (including paid invoices and proofs of payments)
should be submitted for payments according to the schedule
below. Note that the total in this table must be equal to
the total estimated eligible costs.
| |
(Jan-Mar) |
(Apr-Jun) |
(Jul-Sep) |
(Oct-Dec) |
Annual Total |
| 2007 |
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| 2008 |
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| 2009 |
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| 2010 |
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| 2011 |
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Total
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Schedule "C"
Claim Submission
In accordance with section 4.0 of the Agreement, the Recipients
shall carry out the project in accordance with the time
lines and budget provided in the Approved Budget (Schedule
"B") and shall also provide to the Ministry a
Claim Submission (as set out in Schedule "C" Parts
1 and 2), including original invoices and proofs of payment,
on the due date provided for in the Approved Budget.
Claims for payment are considered to be incomplete without
both parts attached.
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Claim Submission
Part 1 - Progress Report
File No.: __________________________
Project Title: _______________________
Claim No.: _________________________
Period Covered: _____________________
Due Date: __________________________
Activities for this report:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Results
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Issues which may impact on the project's success and timing
for completion?
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Signature
Project Representative: ___________________________
Date: __________________________________________
Claim Submission
Part 2 - Claim Report
Part 1 - Project Information
File No.: ________________________________________
Project Title: _____________________________________
Completion Date: _________________________________
Claim No.: _______________________________________
Period Covered: ___________________________________
RED % Reimbursement: ____________________________
Final Claim (Yes/No): _______________________________
Authorized Official:
Name of Project Representative: _____________________________
Date: __________________________________
I certify the costs claimed are eligible costs and in compliance
with the provincial legal agreement.
Signature: _____________________________
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Part 2 - New Invoices
Attach Invoices and Proofs of Payment as listed above and
send to: Rural Economic Development Program
Budget Line # ________________________________
Invoice # ____________________________________
Date _______________________________________
Vendor Name ________________________________
Work Description _____________________________
Invoice Amount _______________________________
GST Rebate _________________________________
Net Claim Amount ____________________________
Paid (Yes/No) _______________________________
Cheque # ___________________________________
Budget Line # ________________________________
Invoice # ____________________________________
Date _______________________________________
Vendor Name ________________________________
Work Description _____________________________
Invoice Amount _______________________________
GST Rebate _________________________________
Net Claim Amount ____________________________
Paid (Yes/No) _______________________________
Cheque # ___________________________________
Budget Line # ________________________________
Invoice # ____________________________________
Date _______________________________________
Vendor Name ________________________________
Work Description _____________________________
Invoice Amount _______________________________
GST Rebate _________________________________
Net Claim Amount ____________________________
Paid (Yes/No) _______________________________
Cheque # ___________________________________
Budget Line # ________________________________
Invoice # ____________________________________
Date _______________________________________
Vendor Name ________________________________
Work Description _____________________________
Invoice Amount _______________________________
GST Rebate _________________________________
Net Claim Amount ____________________________
Paid (Yes/No) _______________________________
Cheque # ___________________________________
Budget Line # ________________________________
Invoice # ____________________________________
Date _______________________________________
Vendor Name ________________________________
Work Description _____________________________
Invoice Amount _______________________________
GST Rebate _________________________________
Net Claim Amount ____________________________
Paid (Yes/No) _______________________________
Cheque # ___________________________________
Budget Line # ________________________________
Invoice # ____________________________________
Date _______________________________________
Vendor Name ________________________________
Work Description _____________________________
Invoice Amount _______________________________
GST Rebate _________________________________
Net Claim Amount ____________________________
Paid (Yes/No) _______________________________
Cheque # ___________________________________
Total Amount Claimed:
Invoice Amount: $________________________
GST Rebate: $__________________________
Net Claim Amount: $_____________________
Schedule "D"
Projected Expenditure Report
In accordance with section 7.0 of the Agreement, on or
before February 15th and August 15th of each Fiscal Year,
the Recipients shall submit Projected Expenditure Reports
as shown in Schedule "D" in a form satisfactory
to the Ministry outlining the current cash flow and projections
and the Recipient shall follow such administrative procedures
as are specified from time to time by the Ministry.
File #: _________________________________
Project Title: ____________________________
Project Representative: ___________________
According to our records, the following amounts of Expenditures
are allocated currently to your project:
Total Eligible Expenditures (a=b+c) $____________________________
Total Claimed to Date (b) $_____________________________________
Remaining to be Claimed (c)$___________________________________
Apr-Jun 2007 (d) $____________________________________________
Jul - Sep 2007 (e) $ __________________________________________
Oct - Dec 2007 (f) $___________________________________________
Jan - Mar 2007 (g) $ __________________________________________
2007/08 Total (h=d+e+f+g) $____________________________________
2008/09 Total (i) $ ____________________________________________
2009/10 Total (j) $ ____________________________________________
Projected Total (k=h+i+j) $ _____________________________________
* Includes claims that have been received by us but have
yet to be paid
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Declaration:
I certify that the financial information contained within
this report is true and accurate to the best of my knowledge.
Costs related to our approved Rural Economic Development
Program project will be incurred for the amount on the schedule
as indicated in the chart above.
Name (Please print): ___________________________
Signature: ____________________________________
Date: ________________________________________
Please return to:
Rural Economic Development Program
1 Stone Road W., Guelph ON N1G 4Y2
Fax: (519) 826-4336
Schedule "E"
Financial Report
In accordance with section 7.0 of the Agreement, you must
provide an annual Financial Report to the Ministry consisting
of a Financial Declaration accompanied by a Financial Statement
showing all sources and uses of Project funds. The Declaration
must be signed by all Recipients. Annual Financial Reports
are due within 60 days of the Project Anniversary Date.
Financial Statement
RED Project File #_____________________
For the period from ______________ to ________________
Sources of Funds
| Name/Organization |
Amount |
| Partners |
|
| 1. |
|
| 2. |
|
| 3. |
|
| 4. |
|
| Other private contributions |
|
| 1. |
|
| 2. |
|
| Other public contributions |
|
| 1. |
|
| 2. |
|
| RED Program |
|
| Claim # |
|
| Claim # |
|
| Claim # |
|
| Claim # |
|
| 10% Holdback |
|
| Total sources of Funds |
|
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Uses of Funds
| Line Item Expense |
Amount |
| 1. |
|
| 2. |
|
| 3. |
|
| 4. |
|
| 5. |
|
| 6. |
|
| 7. |
|
| 8. |
|
| 9. |
|
| 10. |
|
| Excess of Actual Spending over Budget
(+/-) |
|
| Total uses of Funds |
|
Declaration
We have reviewed and approved the attached financial statement
for the Project, as it relates to those aspects which concern
the our role, and hereby declare that to the best of our
knowledge, during the period covered by the financial statements,
we were not in breach or violation of any of the covenant
contained in the Agreement.
Signed by the Recipients and dated this _____ day of _____________,
200___.
Recipient Name and Organization: _____________________________________________
Recipient Name and Organization: _____________________________________________
Recipient Name and Organization: _____________________________________________
Recipient Name and Organization: _____________________________________________
Recipient Name and Organization: _____________________________________________
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Schedule "F"
Final Report
In accordance with section 7.0 of the Agreement, Recipients
must provide a Final Report which meets the requirements
listed below (see attached). The Ministry will release the
10% project holdback upon satisfaction that the Recipients
have successfully completed the Project and have fully complied
with all of the terms and conditions of the Agreement.
On or before 90 days after the final claim has been submitted,
a Final Project Report must be submitted to the Ministry
which shall include, but not limited to:
- a detailed summary of the results of the Project achieved
to the date of the Final Project Report including mandatory
Performance Measures;
- the details of any variance from the Project (Schedule
A), the Budget (Schedule B) and/or the Project Schedule;
- a final Financial Report showing all Eligible Costs Incurred
and paid; and
- any other information respecting the Project that demonstrates
the success of the Project and its impact on barriers to economic
development.
The format for the Final Report is attached.
Final Report
File: _________________________________________
Date Approved: ________________________________
Project Title: __________________________________
Lead Applicant: ________________________________
Contact:
List contact name & title: _______________________________________
List co-applicant's organization name: _____________________________
List co-applicant's address:______________________________________
Telephone (List lead applicant's phone number): ___________________________________
Co-Applicants (List co-applicant's organization names):
_____________________________
Total Project Costs: $_____________________________
Funding Approved: $______________________________
Start Date: _____________________________
End Date: ______________________________
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Section 1. Summary of Project and Results
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Detailed Results and Performance Measures
The following table must be completed with the results
of your project. Not all measures will be applicable to
your project (leave blank). Include both the direct and
indirect results of the project using both qualitative measures
(e.g., skills and knowledge acquired, improvements made,
efficiencies gained, etc.) and quantitative measures (e.g.,
the number of jobs, amount of investment, number of community
groups, materials distributed).
| Anticipated Result or Outcome |
How does your project relate
(short and long term)? |
| Contributed to revitalized community or
downtown |
|
| Contributes to improved access to community
health care services |
|
| Contributes to skills training and/or
enhancement |
|
| Amount of new investment in the community
and/or the Ontario business climate |
|
| Number of jobs created, retained or upgraded |
|
| Number of new alliances and/or partnerships |
|
| Number of community groups involved or
benefiting from your project |
|
| Number of innovative products/services
or technologies for rural Ontario |
|
| Number of tools, information and/or resources
for rural economic development |
|
| Number of barriers to economic development
overcome |
|
| Other measures |
|
| Other measures |
|
Section 2. Changes (variances) from Original Plan
Project (please describe any changes in
the design of the project and its objectives and why they
were necessary).
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Budget (please describe any changes that
were made in the project budget and rationale).
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Schedule (please describe any significant
changes in the schedule of the projects and why they were
necessary).
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
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Section 3. Final Financial Report
Provide a final Financial Report showing all sources and
uses of Project funds. This Financial Report must be accompanied
by a Declaration signed by all Recipients, as set out in
Schedule "E". Sources and uses of funds should
be compared against those planned.
Section 4. Other Information
Please provide any other information which demonstrates
the success of the project and its impact on other stakeholders,
rural communities and the Province of Ontario.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Section 5. Confidentiality and Signature
Confidentiality
Information submitted in this report to the Province of
Ontario will be subject to the Freedom of Information and
Protection of Privacy Act. Any information submitted
in confidence should be clearly marked "Confidential"
by the recipients. Inquiries about confidentiality
should be directed to the Rural Community Development Branch.
Name (Please print): _______________________________________
Signature: ________________________________________________
Date: ______________________________________________
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For more information:
Toll Free: 1-888-588-4111
Fax:1-519-826-4336
E-mail: rural.omafra@ontario.ca
|
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