Request for Ontario Drinking Water Stewardship Program Grant Proposals

Request for Ontario Drinking Water Stewardship Program Grant Proposals Education & Outreach 2008-2009 Source Protection Programs Branch Ministry of the Environment 2 St. Clair Avenue West, 8th floor Toronto, ON M4V 1L5 Tel: 416-212-3712 Fax: 416-327-6926 Email: SourceProtectionFunding@ontario.ca Page 1 Ontario Drinking Water Stewardship Program Education & Outreach RFP Table of Contents 1 INDTRODUCTION 1.1 Clean Water Act, 2006 1.2 Ontario Drinking Water Stewardship Program 1.2.1 Program Objectives 1.3 Eligibility for the Ontario Drinking Water Stewardship Program 1.3.1 Eligible Funding Recipients 1.3.2 Eligible Activities 1.3.3 Funding Availability 1.4 Ontario Drinking Water Stewardship Program Priorities 1 1 1 2 3 3 4 4 5 6 6 9 10 10 11 12 13 2 THE APPLICATION PROCESS 2.1 Proposal Format 2.2 Application Timelines 2.3 Proposal Evaluation and Selection Criteria 2.3.1 Selection Criteria 2.3.2 Successful Applicants Entering into Agreement 2.3.3 Confidentiality 2.4 Terms of Reference APPENDICES Appendix 1 Appendix 2 Appendix 3 Appendix 4 Application Form Transfer Payment Agreement Template Application Checklist Lead Conservation Authority Contacts 1 Ontario Drinking Water Stewardship Program Introduction 1.1 Clean Water Act, 2006 Watershed-based drinking water source protection is a key component of the Ministry of the Environment’s (the “Ministry” or “MOE”) strategy to support the government’s priority of Healthier Ontarians. The Clean Water Act, 2006 (the “Act”) was passed and received Royal Assent on October 19, 2006. It was proclaimed into effect on July 3, 2007. The Act is designed to protect drinking water at the source as part of an overall commitment to human health and the environment. Among other things, the Act creates the Ontario Drinking Water Stewardship Program (ODWSP). The ODWSP is the first drinking water program of its kind in Ontario. Under Section 97 of the Act, the ODWSP may provide financial assistance to persons whose activities or properties are affected by the Act, persons and bodies who administer incentive or education and outreach programs that are related to source protection plans, and others in circumstances specified in regulation that are related to the protection of existing or future sources of drinking water. In accordance with regulations setting out other circumstances, the ODWSP currently funds voluntary projects and initiatives carried out to protect sources of municipal drinking water and any other sources allowed for by regulation. 1.2 Ontario Drinking Water Stewardship Program The ODWSP is made up of three components: Early Actions, providing financial assistance to organizations to administer programs that support activities to protect drinking water sources immediately within intake and wellhead protection areas; Education and Outreach, to inform the public about the Clean Water Act, 2006 and the ODWSP; and, Special Projects, aimed at activities that complement the Early Actions and Education and Outreach components. The Province has committed $21 million over the next three years, continuing through to the spring of 2011, for the ODWSP. In 2008-2009, the ODWSP will provide $7 million in funding to build on the similar $7M 2007-08 Source Protection Program. The $7 million for 2008-2009 is allocated as follows: $4 million for Early Actions $0.5 million for Education and Outreach $2.5 million for Special Projects This Request for ODWSP Grant Proposals is an invitation to submit non-binding submissions for financial assistance for projects and activities that support the principles and commitments of the Act. Applications will be accepted by the Ministry during three separate submissions periods throughout the year as further set out under Section 2. In order to be considered for funding all applications must be submitted through the Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment prescribed method (Section 2.0). This Request for ODWSP Grant Proposals and any submissions do not, of themselves, constitute a commitment by the Ministry to provide financial assistance or the commitment of any applicant to undertake provide any deliverables. If the Ministry chooses to accept a submission for financial assistance, a precondition of such acceptance is the execution of a written funding agreement (the “Agreement”) by both the Ministry and one legal entity applicant (See Grant Funding Agreement template in Appendix 2). Applicants may withdraw their submissions at any time prior to the execution of the Agreement. The Ministry expressly disclaims any intention to enter into a formal competitive process and expressly disclaims any obligations or duties to any applicant regarding any commitment to fund a project under the ODWSP prior to the execution of an Agreement. 1.2.1 Program Objectives – Education and Outreach The ODWSP is intended in part to provide financial assistance to support projects to protect Ontario’s drinking water sources before source protection plans as set out under the Act are in effect. The Education and Outreach component of the ODWSP, which is the subject of this Request for Proposals, is intended to provide financial assistance to support activities that will educate local communities on the Act and drinking water source protection planning concepts, such that the activities will encourage action in support of drinking water source protection initiatives. Three key outcomes in relation to source protection planning have been identified as follows: Providing general education about the Act, the ODWSP and source protection planning to the public. Raising broad public awareness and support for drinking water source protection activities funded under the Early Actions component of the ODWSP. Providing issue specific education (cost of drinking water source protection, abandoned wells, septic systems, etc.). Details regarding other ODWSP funding components (Early Actions and Special Projects) can be found on the Ministry’s Clean Water Act website at www.ontario.ca/cleanwater. Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment 1.3 Eligibility for Ontario Drinking Water Stewardship Program 1.3.1 Eligible Funding Recipients Any association or anyone administering public education and outreach programs that are or may be related to drinking water source protection in their local community are eligible to apply for financial assistance. To be considered eligible for financial assistance, applicants must demonstrate in the submission that: There will be collaboration and strong alliances as evidenced through the number of participants and arrangements with other supporting organizations. Please note, however, that the Ministry will enter into an agreement with only one legal entity; The activities will have positive impacts on the local community; The activities will be carried out in Ontario; The activities will promote and support the principles of the Act and support other drinking water source protection initiatives; and, The activities will deliver on education and outreach initiatives that encourage community action toward supporting drinking water source protection planning within the local community. Applicants representing several organizations must complete a single application and grant proposal. The Ministry will enter into a funding agreement with only one legal entity for each project. Applicants representing several organisations must indicate in the proposal which legal entity will enter into the funding agreement with the Ministry, if selected. Proposals will be checked for conformity against the standard check list at Appendix 3 ensuring that all necessary information is included in the proposal. Those proposals lacking information may be sent back to the applicant and may not be considered for funding. Those NOT eligible for financial assistance include: • Conservation Authorities (may not be the lead applicant, but may partner with other organizations to deliver education & outreach projects) • Out of Ontario associations or groups • Commercial enterprises, consulting firms or other ‘for-profit’ organizations • Individuals, applying for personal travel or study Note: Conservation Authorities and other Early Actions funding administrators will be permitted to use a portion of their Early Action funds for program delivery including promotion and awareness. Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment Note: Please be advised that although the Ministry is prepared to fund projects that involve meetings or workshops aimed at education & outreach for the purposes of drinking water source protection, it will NOT fund certain costs associated with such meetings and workshops (example, food). 1.3.2 Eligible Activities Education & Outreach activities that provide general education to local communities about the Act, the ODWSP and source protection planning are eligible to apply for financial assistance. Some of the key activities that should be considered include using the financial assistance to: • • • • Create printed materials such as brochures, flyers, fact sheets and newsletters related to source protection (on a limited basis); Organize special events related to source protection such as an open house or information fair, displays at malls or halls; Undertake pilot programs that contribute to building knowledge about source protection and provide opportunities to showcase new techniques for drinking water source protection; and, Use media such as radio, newspaper, television or internet to educate both the general public and targeted audiences about drinking water source protection. Approval of an applicant’s proposal will be contingent on a complete application that must include a sound financial plan that clearly demonstrates project feasibility, and that the activities will lead to specific outcomes as reflected in performance measures. Each applicant must demonstrate in the proposal (Appendix 1), the ability to successfully carry out the education & outreach activities and to report to the Ministry as set out in the written Agreement. 1.3.3 Funding Availability Applicants are encouraged to apply for additional funding from other sources to deliver their projects. Applicants are required to identify the other funding sources in their application and to identify the total project cost evidencing the amount(s) of any other funding. Applicants must also demonstrate that the components of the project for which ODWSP funding is requested do not overlap with any other funding sources. In other words, applicants are to confirm that no component of the project will receive double funding. Approved funding from the ODWSP to the successful applicant will be delivered in a minimum of three instalments, typically according to the following timeline: • Upon commencement of the project • Upon reaching satisfactory project milestone(s) in the opinion of the Ministry and upon completion of approved interim report(s) • Final instalment with completion of the final report Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment The reporting schedule will align with each instalment, and the final instalment of 15 per cent of the total project cost will be held until the receipt of the final report as set out in the Agreement. The Ministry will take into consideration negotiating the instalment percentages at the Agreement drafting stage. 1.4 Ontario Drinking Water Stewardship Program Priorities The ODWSP strongly encourages associations between parties and has a focus on the following areas: • Agricultural community – projects that educate the agricultural community on best management practices related to the protection of drinking water and other financial assistance programs such as the Environmental Farm Plan, such that the projects will encourage action on drinking water source protection issues and support implementation of best management practices by the agricultural community Business and industry associations– projects that encourage business and industry province-wide to develop policies and practices that are consistent with drinking water source protection planning Educational institutions, conferences and/or programs – develop strategies, in consultation with the local community, to incorporate education on drinking water source protection planning into teaching programs and activities Municipalities, in alliance with other municipalities and/or their local and rural community conservation authorities – develop outreach strategies that aim to inform their local communities on the Act, such that the outreach strategies encourage action and modified behaviour to support drinking water source protection initiatives. Organizations providing local education for those within wellhead protection areas (100 metre radius around a municipal residential drinking water well), intake protection zones (200 metre radius around a municipal residential drinking water intake), and designated two year time travel areas (where included in municipal official plans or approved by municipal council resolution); • • • • The Education & Outreach component of the ODWSP is favourable to providing financial assistance to the following: Alliances between municipalities and other organizations (ex. Conservation Authorities as partners) to deliver education and outreach to those living in vulnerable areas (wellhead and intake protection zones). In areas where there is no Conservation Authority, an alliance is not required. Educational institutions and key stakeholder groups such as the Ontario Farm Environmental Coalition, local Chambers of Commerce, local schools and nongovernment organizations who deliver targeted education about specific issues in wellhead and intake protection zones. Stakeholder groups delivering non-municipal programs related to drinking water source protection such as local Medical Officers of Health, private well and septic system owners and cottagers or landowner associations Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment Umbrella associations, such as the Association of Municipalities of Ontario, the Ontario Water Works Association, and the Ontario Waste Management Association, to deliver outreach and education to their specific membership on the Act. As stated, the Ministry will prioritise applications during each application period. Applications once received and verified for completeness, will be reviewed and applicants will be notified within sixty days of the closure of the application submission period. The Ministry may indicate to selected applicants that only certain tasks within a proposal will be provided with funding. For example, if an applicant has requested funding to undertake more than one task within a program, the Ministry may select only certain tasks to fund depending on their relationship to the protection of drinking water sources and their alignment with the eligibility criteria. 2 The Application Process To be considered for funding, applications must be submitted to the Ministry at the address noted in Section 2.2 during the following application periods: • • • July 1 to September 30, 2008; October 1 to December 31, 2008, and January 1 to February 15, 2009. The Ministry will prioritise applications received within each discrete application period. Applications once received and verified for completeness, will be reviewed, and applicants will be notified of the funding decision within sixty days of the closure of the application submission period. The Ministry will not review applications that come through any other channel. 2.1 Proposal Format To be eligible for financial assistance, each eligible applicant must provide a completed application form, set out in Appendix 1, together with supporting documentation. Guidance for completing this application form is provided below. • Item 1: Lead Applicant Information Applicants must indicate the name of the proposed project, the legal name of the lead applicant and names of any other participating agencies, organizations or individuals. • Item 2: Contact Information Applicants must set out in the application form: (i) a contact name whom the Ministry may contact for questions on the proposal and for administrative purposes, (ii) Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment complete contact information including telephone and fax numbers as well as an email address (iii) the name and title of the person that would be signing the Agreement on behalf of the organisation if financial assistance is provided (the individual must have signing authority for this type of agreement). Municipalities are reminded that a municipal by-law/resolution may be necessary and you will be asked to provide the Ministry with proof of authority to enter into the Agreement. • Item 3: Source Protection Area or Region Applicants must indicate in the application which source protection area or region they fall into. If the applicant is outside of a source protection area or region as established under the Act, an alliance with source protection committees or authorities is not required. For further details, contact your local conservation authority or lead authority in your area (lead conservation authority contacts are set out in Appendix 4) or go to http://www.ontario.ca/ONT/portal51/drinkingwater/Combo?docId=159631&breadcrum bLevel=1&lang=en&comboTarget for a map of source protection areas and regions. • Item 4: Project Description Applicants must provide a detailed overview of their proposed project. Proposals should include as much information as is available. • Item 5: Project Objectives The proposal must include a detailed description of the objectives of the proposed project. Applicants should follow the questions listed in the Application (Appendix 1). Item 6: Task Schedule/Description A detailed description of the deliverables/tasks that will be produced as a result of the funding must be provided in the application. This section must include a list of “key outcomes” and must demonstrate the positive impact the project will have on local sources of municipal drinking water. This section should correspond directly to the work plan provided in the business case. • Item 7: Project Benefits Applicants must summarize how the applicant, local sources of drinking water and the Province of Ontario will benefit from the project. Item 8: Detailed Business Case All applicants must submit a business case with their application. The business case will outline the project activities and demonstrate that it is in accordance with the objectives as outlined in this Request for ODWSP Grant Proposals. A work plan must be included in the business case, specifically outlining all the deliverables/tasks (for project purposes) to be undertaken and how and by whom they will be completed. This business case and attached work plan should be as detailed as possible. • • Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment • Item 9: Timeline Schedule and Milestones A detailed timeline should be provided in the application, including project milestones and completion dates. • Item 10: Detailed Cost Schedule A detailed breakdown of the estimated costs for each task and component of the deliverables must be provided in the application. • Item 11: Multi-Year Projects If your project spans more than one fiscal year (April 1st to March 31st), please provide a detailed breakdown of the estimated costs for each task and component of the project, as well as the funds required from the ODWSP per fiscal year. • Item 12: Roles and Responsibilities Applicants must identify each participant and include a description of the roles and responsibilities of each party. • Item 13: Project Management Applicants must provide details on project management processes that are in place to ensure project management costs are controlled, milestones are met, and the project timeline is met. • Item 14: Additional Sources of Funding Applicants must outline whether or not they have received financial assistance for the proposed project from any other organizations or sources of funding. The Ministry will not provide financial assistance where that financial assistance would result in more than 100% of the project cost being provided. Item 15: Certification Applicants should ensure that required names and signatures are provided with the proposal. • Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment 2.2 Application Timelines The following is the schedule for this Request for ODWSP Grant Proposals process: Ontario Drinking Water Stewardship Program Application Periods: The Ministry will accept applications up to and including February 15, 2009 keeping in mind that • July 1 to September 30, 2008 applicants will be notified of funding decisions within • October 1 to December 31, 2008 sixty days of the closure of the application • January 1 to February 15, 2009 submission period. Review Period/Notification Period All applications received within an application period will be reviewed and applicants notified within 60 days of the close of each application period of whether funding will be provided (60 days after September 30, 2008, December 31, 2008 and February 15, 2009). For successful applicants an Agreement in the form attached at Appendix 2 will be forwarded for signature. Applicants must submit an electronic copy of the application to the Ministry of the Environment, Attention: SourceProtectionFunding@ontario.ca. All submissions submitted by e-mail are deemed received once the e-mail has entered into the e-mail inbox of SourceProtectionFunding@ontario.ca. The timelines may be changed by the Ministry in its sole discretion at any time prior to the deadline for submissions of funding proposals. A hard copy signed by the lead application representative of the applicant must also be mailed to: Ontario Drinking Water Stewardship Program Source Protection Programs Branch Branch Ministry of the Environment 2 St. Clair Avenue West, 8th Floor, Toronto, Ontario M4V 1L5 The parties will bear their own costs associated with or incurred through this Request for ODWSP Grant Proposals process, including any costs arising out of or incurred in: (a) the preparation and issuance of this Request for ODWSP Grant Proposals; (b) the preparation and completion of an application/submission; or (c) the conduct of negotiations or other activities related to this Request for ODWSP Grant Proposals process. Questions regarding this document can be directed through the source protection email address SourceProtectionFunding@ontario.ca. Answers to questions and updates to the Request for ODWSP Grant Proposals may be periodically posted the Act website at www.ontario.ca/cleanwater. Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment 2.3 Proposal Evaluation and Selection Criteria Only those applications meeting all applicable requirements will be considered. The Ministry may request clarification on the funding application as part of the review process. Applications will be assessed by the Ministry according to pre-determined evaluation criteria. Evaluations will be initially conducted during three separate review periods through out the year, and will include a determination of whether the project is consistent with the priorities and objectives as outlined in this document, level of commitment of the applicants, and the demonstrated protection of sources of municipal drinking water. When multiple applications are received within the submission period, each application will be: • Assessed for eligibility; • Eligible applications will be assessed against the selection criteria set out below, and • Ranked against each other on the basis o the criteria assessment in order to prioritize applications for funding. Applications that score at 70 or more will be funded depending on availability of funds. Projects that score between 50 and 69 will, at the Ministry’s discretion, be approved for funding or deferred for consideration during future rounds of applications. Applicants that have scored less than 50 will not be eligible for funding. 2.3.1 Selection Criteria Evaluation of proposals will be based on a merit-based system as follows. In accordance with Ontario Regulation 287/07 - General under the Act, the Director of the Source Protection Programs Branch has the final authority in approving applications for funding. Note: In order for applications to proceed through the rating system they must promote and support the principles enunciated in the Clean Water Act, 2006 (i.e. the protection of municipal drinking water sources and any other sources allowed for in regulation). Rated Criteria (out of a total of 100 points): 1. Proposal Focus (20 points): • Demonstrates that the proposed education and outreach activity reaches the maximum number of property owners in wellhead and/or intake protection zones and/or stakeholders and/or association members and/or general public and is not duplicative of ongoing or previous activities undertaken by the applicant related to source protection. (10 points). Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment • Encourages community action toward supporting source protection planning within a local community (10 points). 2. Proposal Plan (25 points): • • • Creative use of media or other medium for outreach and education (15 points) Collaboration and strong alliances with other stakeholders considered and/or entered into for the purpose of undertaking the project (5 points) Demonstrated positive impact on public and/or targeted group (5 points) 3. Project Management (20 points) • There is a process in place to ensure the project is managed, costs are controlled, milestones are met, the project timeline is met, and financial accountability requirements are met. (10 points) Outline of planned communications materials to be developed demonstrate an understanding of the objectives of the program and an ability to provide pertinent, factually correct and messaging geared to appropriate audiences. (10 points) • 4. Project Costs (35 points): • • • Costs are reasonable for the tasks proposed (10 points) A detailed and itemized cost schedule has been provided (15 points). Tool used (i.e. printed materials, special events, pilot programs, use of media) reach a maximum number of property owners within both the intake protection zones and wellhead protection areas, stakeholders, umbrella association and the general public. (10 points) 2.3.2. Successful Applicants Entering into Agreement Successful applicants will be required to enter into a grant funding agreement in the form attached in Appendix 2 (the “Agreement”) based on this Request for Ontario Drinking Water Stewardship Program Proposals and the applicant’s proposal. The Agreement is available in the English language only. Following the approval of an application, the Ministry will complete the Agreement and will provide the Agreement to successful applicants for execution. The purpose of providing an Agreement template is to ensure lead applicants have sufficient time to review the general provisions of the Agreement, and for municipalities and conservation authorities to prepare to have a by-law/resolution in place as required. Applicants are strongly advised to review the Agreement at Appendix 2 and seek legal Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment counsel regarding the terms and conditions of the Agreement you will enter into should your application be successful. All parties signing agreements with the Province of Ontario are required to have comprehensive general liability insurance with coverage for at least $2 million per occurrence. This insurance must show the Province (Her Majesty the Queen in right of Ontario) as an additional insured on the policy and contain the endorsements specified by the agreement. The insurance is required throughout the term of the Agreement and without proof of insurance funding will not be provided by the Ministry. A Certificate of Insurance from the Recipient must be provided prior to the Ministry distributing financial assistance for the approved project. Municipalities and First Nations are required to submit a Municipal By-law or Band Counsel Resolution/by-law allowing the municipality or the band to enter into an Agreement with the Province of Ontario. In the event that your business or organization is not incorporated (i.e., sole proprietorship, unincorporated association, etc.), please be advised that the individual who signs the Agreement on behalf of the business or organization will be assuming personal liability for the project. Moreover, this individual would be subject to all the terms and conditions set forth in the Agreement. 2.3.3. Confidentiality Application forms and supporting material submitted to the Province of Ontario will be subject to the Freedom of Information and Protection of Privacy Act. Any information for which confidentiality is to be maintained by the Ministry should be clearly marked “CONFIDENTIAL” by the applicant and confidentiality will be maintained by the Ministry, except where an order by the Information and Privacy Commission or a court requires the Ministry to do otherwise. Note: The failure to enter into the Agreement may result in the refusal of the application. The Agreement execution process is subject to the Terms of Reference set out in Section 2.4. This Request for ODWSP Grant Proposals does not constitute a legally binding offer to enter into an Agreement on the part of the applicant or the Ministry before the execution of an Agreement. Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment 2.4 Terms of Reference The following provisions apply to this Request for ODWSP Grant Proposals process: (i) this Request for ODWSP Grant Proposals process is not intended to create a formal legally-binding procurement process and shall not give rise to the legal rights or duties applied to a formal legally-binding procurement process; the Ministry reserves the right to seek clarification and supplementary information relating to the clarification from applicants. The response received by the Ministry from an applicant shall form an integral part of the applicant’s submission; at the conclusion of this process, if you are a selected applicant, you will be expected to enter into an Agreement with the Ministry in the form set out in Appendix 2 (the”Agreement”); neither party shall have the right to make claims against the other with respect to this Request for ODWSP Grant Proposals process, the selection of any applicant, the failure to be selected to enter into an agreement, or the failure to honour proposals prior to the execution of an Agreement; the Ministry may make public the names of any or all applicants; you consent to the Ministry’s collection of the information as contemplated under this Request for ODWSP Grant Proposals for the uses contemplated under this Request for ODWSP Grant Proposals; the Ministry may elect not to consider an applicant whose proposal contains misrepresentations or any inaccurate, misleading or incomplete information; and the applicant agrees to all of the terms of the Request for ODWSP Grant Proposals process set out herein. (ii) (iii) (iv) (v) (vi) (vii) (viii) Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment Appendix 1 – Application Form: Education & Outreach Item 1 Description Eligible Funding Recipients (Section 1.3.1) Name of Proposed Project Legal Name of Lead Applicant: Name(s) of Other Participating Parties/Partners: 2 Contact Information Administrative Contact (Name; phone; fax; email) Signing Authority name and position 3 Name of Source Protection Area or Region: Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment Item 4 Description Project Description • • Describe in detail your proposed project How will you measure your progress? 5 Project Objectives (This is an opportunity for you to summarize your grant application in clear and concise terms). • • • • • What are the objectives of your project? What are your expected results? What will your project achieve? How will you know you have achieved your objectives? How will you measure your progress? Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment Item 6 Description Task Schedule/Description: Description of Deliverables Delivery Date 7 Project Benefits Summarize using bullet points how each of the following will benefit from the results of your project in both the short-term (directly as a result of your project) or longer term (2 to 5 years following your project): Applicants • • • • Other stakeholders focus • • • • Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment Item Description Local communities • • • • Ontario • • • • 8 Detailed Business Case and Rationale for Approach / Methods Proposed The applicant must demonstrate that the project is in accordance with the objectives as outlined in this Request for Ontario Drinking Water Stewardship Program Proposals. The applicant must attach a detailed work plan. Detailed Business Case is attached with this application 9 Timeline Schedule and Milestones: Project Milestones Completion Date Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment Item Description 10 Costs Schedule Eligible expenditure per task / subtask Total 11 Multi-Year Projects If your project spans more than one fiscal year (April 1st to March 31st) please provide an estimate of the funds required from the ODWSP per fiscal year. Please note that multi-year funding is conditional on an appropriation of moneys by the Legislature of Ontario sufficient to satisfy payments due under the Grant Funding Agreement. 12 Roles and Responsibilities Description of the relative roles and responsibilities of each participating party is included in the application 13 Project Management Details on project management processes that are in place to ensure project management costs are controlled, milestones are met, and the project timeline is met, are included in the application. Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment Item 14 Description Additional Sources of Funding Have you applied for funding of this project from any other organization/source? Yes No If yes, please identify ___________________________________ 15 Certification As the representative of the lead applicant, I hereby certify to the Province of Ontario that the information contained in this application is true and complete in all respects to the best of my knowledge. If the Province of Ontario discovers that this application contains a material misrepresentation, it shall be deemed to be ineligible for funding and will be withdrawn immediately by the lead applicant. I agree to provide any additional information that the Province of Ontario or its authorized administrator may reasonably require for purposes of assessing this application and administering the Ontario Drinking Water Stewardship Program. I certify that funding for which I have applied and/or will be applying from all sources for this project does not total more than 100% of the estimated project cost. Lead Applicant Name (print): __________________________________ Lead Application Representative_________________________________ Name (print): Title: Organization: Signature (Required): Date: __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment Appendix 2 – Agreement Template GRANT FUNDING AGREEMENT Under the Ontario Drinking Water Stewardship Program THE AGREEMENT made in duplicate as of the day of month 200*, BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of the Environment (the “Ministry”) - and [Legal Name of Recipient] (the “Recipient”) WHEREAS, PURSUANT TO THE CLEAN WATER ACT, 2006 AND ONTARIO REGULATION 287/07 GENERAL BOTH AS AMENDED, THE MINISTRY HAS ESTABLISHED THE ONTARIO DRINKING WATER STEWARDSHIP PROGRAM FOR THE PURPOSE OF SUPPORTING EDUCATION AND OUTREACH PROJECTS THAT ARE RELATED TO DRINKING WATER SOURCE WATER PROTECTION IN THE LOCAL COMMUNITY; AND WHEREAS the Recipient has applied to the Ministry for funding under the Ontario Drinking Water Stewardship Program; AND WHEREAS the Recipient has applied to the Ministry for funding to [insert purpose for which Recipient applied for grant funding]; AND WHEREAS the Ministry desires to fund the Recipient for the purpose of [insert purpose for which the grant funding is awarded. 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 expressly acknowledged, the Parties agree as follows: Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment Article 1 Definitions 1.1 Number, Gender and Headings. In the Agreement, words in the singular include the plural and vice-versa and words in one gender include all genders. The headings in the Agreement are for convenience of reference only and do not form part of the Agreement and in no manner modify, interpret or construe the Agreement. 1.2 Definitions. In the Agreement the following words shall have the following meanings: “Agreement” means this agreement entered into between the Ministry and the Recipient and all schedules and attachments to the Agreement and any instrument amending the Agreement. “Budget” means the eligible expenditures set out in section B1 of Schedule “B” (Budget). “Effective Date” means the date first written at the top of the Agreement. “Funding Year” means: (a) in the case of the first Funding Year, the period commencing on the date of the Agreement and ending on the first day that is March 31 following the date of the Agreement; and in the case of Funding Years subsequent to the first Funding Year, the period commencing on the date that is April 1 following the end of the previous Funding Year and ending on the following March 31. (b) “Funds” means the money provided by the Ministry to the Recipient pursuant to the Agreement. “GST” means goods and services tax pursuant to the Excise Tax Act (Canada). “Indemnified Parties” means her Majesty the Queen in Right of Ontario, her Ministers, appointees and employees. “Notice” means any notice or communication required or permitted to be made in the form set out in Article 17 (Notices). “Party” means either the Ministry or the Recipient as applicable and “Parties” means both of them collectively. “Person” is to be broadly interpreted and includes an individual, a corporation, a Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment partnership, a trust, a joint venture, an unincorporated or incorporated organization, an unincorporated or incorporated association, the government of a country or any political subdivision thereof, or any agency or department of any such government, the Workplace Safety and Insurance Board, or the executors, administrators or other legal representatives of an individual in any capacity. “Project” means the undertaking described in Schedule “A” (Project Description and Timelines). “Reports” means the reports described in Schedule “C” (Financial/Progress Reports). “Timelines” means the Project schedule set out in Schedule “A” (Project Description and Timelines). Article 2 Governance 2.1 Execution of Agreement. The Recipient represents and warrants that it has the full power and authority to enter into the Agreement and has taken all necessary actions to authorize the execution of the Agreement. Governance. The Recipient has established, and shall maintain for the period during which the Agreement is in effect, by-laws or other legally appropriate instruments to: (a) (b) (c) establish decision-making mechanisms; provide for the prudent and effective management of the Funds; and establish procedures to enable the preparation and delivery of all Reports required pursuant to Article 8 (Reporting, Accounting and Review). 2.2 2.3 Bank Account. The Recipient shall have established, and shall hold the Funds in, a Canadian bank account and shall manage the Funds within that account so that they are discernable from any other funding source. Article 3 Term of the Agreement 3.1 Term. The term of the Agreement shall commence on the Effective Date and shall expire on <> unless terminated earlier pursuant to either Article 13 or Article 14 of the Agreement. Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment Article 4 Funds 4.1 Funds. The Ministry shall: (a) provide up to <> Canadian dollars ($<>) to the Recipient for the purpose of carrying out the Project; flow the Funds to the Recipient in accordance with the Budget. (b) 4.2 Limitation on Payment of Funds. Despite section 4.1, the Ministry: (a) may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Ministry’s assessment of the information contained in the Reports; and shall not provide any Funds to the Recipient until the Recipient meets the insurance requirements described in section 12.1. [for Indian Bands add: “and until the Indian Band has provided a Band Resolution authorizing the Indian Band to enter into the Agreement with the Ministry”] [for Municipalities add: “and until the Municipal Council has provided a municipal by-law authorizing the Municipality to enter into the Agreement with the Ministry”] [for Conservation Authorities add: “and until the Recipient has provided a copy of its board’s resolution authorizing the Recipient to enter into the Agreement] [for other entities add any other pre-conditions that apply]. (b) 4.3 Appropriation. Despite sections 4.1 and 4.2 and pursuant to the provisions of the Financial Administration Act, R.S.O 1990, c. F.12 as amended, if the Ministry does not receive the necessary appropriation from the Ontario Legislature for any payment the Ministry is obligated to make under the Agreement the Ministry shall not be obligated to make the payment. Interest on Funds. If the Recipient earns any interest on the Funds, the interest belongs to the Ministry and shall be an amount owing to the Ministry and paid to the “Ontario Minister of Finance” in accordance with Section 16.3. GST. The Recipient shall not use the Funds for any GST costs for which it receives a rebate, tax credits, input tax credits or refunds. 4.4 4.5 Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment Article 5 Project 5.1 Recipient Responsibilities. The Recipient shall: (a) carry out the Project in compliance with all federal and provincial laws or regulations, all municipal by-laws, and any other orders, rules or by-laws related to any aspect of the Project; use the Funds only for the purpose of carrying out the Project; spend the Funds only in accordance with the Budget. (b) (c) 5.2 The Recipient Shall Not. The Recipient shall not make any changes to the Project, Timelines or Budget without the prior written consent of the Ministry. Recipient Undertaking. The Recipient undertakes to the Ministry that it will complete the Project within the timeframes specified in Schedule A and within the Budget. The Recipient further undertakes to incur all costs associated with the Project should it go over Budget. Terms and Conditions on Any Consent. The Ministry may prescribe any terms and conditions on any consent the Ministry may grant pursuant to section 5.2. Moving Funds. Despite section 5.2, the Recipient may move Funds equalling up to ten percent (10%) of the allocation in one line within a budget category to another line within the same budget category. Article 6 Acquisition of Goods and Services, and Disposal of Assets 5.3 5.4 5.5 6.1 Acquisition. If the Recipient acquires supplies, equipment or services with the Funds it shall do so through a process that promotes the best value for the Funds it spends. Disposition. The Recipient shall not, without the Ministry’s prior written consent, sell, lease or otherwise dispose of any assets purchased with Funds, the cost of which exceeded $1,000 at the time of purchase. 6.2 Article 7 Conflict of Interest 7.1 No Conflict of Interest. The Recipient shall carry out the Project and use the Funds in a manner that ensures that no Person associated with the Project in any capacity has a potential or actual conflict of interest. Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment 7.2 Conflict of Interest Includes. For the purposes of this Article, a conflict of interest includes any situation or circumstance where, in relation to the performance of the Recipient’s contractual obligations under the Agreement, the Recipient’s other commitments, relationships or financial interests: (a) could, or could be seen to, exercise an improper influence over the objective, unbiased and impartial exercise of the Recipient’s independent judgement in relation to the subject matter of the Agreement; or could or could be seen to compromise, impair or be incompatible with the Recipient’s effective performance of its obligations under the Agreement. (b) 7.3 Disclosure to Ministry. The Recipient shall: (a) disclose to the Ministry without delay any situation that a reasonable person would interpret as either an actual or potential conflict of interest; and comply with any terms and conditions subsequently prescribed by the Ministry resulting from the disclosure. Article 8 Reporting, Accounting and Review (b) 8.1 Communication. The Ministry shall communicate with the Recipient on a regular basis for the purposes of Project oversight. Reports. The Recipient shall submit to the Ministry the Reports and such other information or documentation to substantiate the Reports as the Ministry may request from time to time. Preparation and Submission. The Recipient shall: (a) prepare its Reports using any forms specified by the Ministry from time to time; ensure that all Reports are completed to the satisfaction of the Ministry; ensure that all Reports are signed on behalf of the Recipient by the individual(s) named in Schedule C; and, submit all Reports to the Ministry on the dates set out in Schedule C and at the address provided in Section 17.1. 8.2 8.3 (b) (c) (d) 8.4 Record Maintenance. The Recipient shall for a period of seven (7) years from the date of the expiry or termination of the Agreement: Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment (a) keep and maintain all financial records, invoices and other financiallyrelated documents relating to the Funds or otherwise to the Project in a manner consistent with generally accepted accounting principles and clerical practices; and keep and maintain all non-financial documents and records relating to the Funds or otherwise to the Project in a confidential manner consistent with all applicable law. (b) 8.5 Inspection. The Ministry or its authorized representatives, including but not limited to independent professionals and the Auditor-General of Ontario, may, at its own expense, upon twenty-four (24) hours notice to the Recipient and during normal business hours enter upon the Recipient’s premises to review the progress of the Project, the way in which the Recipient is carrying out the Project and the Recipient’s expenditure of the Funds and to that end the Ministry may: (a) inspect and copy any financial records, invoices and other financiallyrelated documents in the possession or under the control of the Recipient which relate to the Funds or otherwise to the Project; inspect and copy non-financial records in the possession or under the control of the Recipient which relate to the Funds or otherwise to the Project, except that, where such records relate to a third Person, the Ministry shall, if required by law, obtain the consent of the third Person before inspecting or copying such records; and conduct such other investigation or inspection in respect of the Project as is considered necessary. (b) (c) 8.6 Recipient to Provide. The Recipient shall cooperate with the Ministry in respect of the exercise of the Ministry’s rights set out in Section 8.5, and the Recipient shall provide any information in respect of the Funds or the Project that the Ministry may reasonably request. No Review of Personal Information. Nothing in the Agreement shall require the Recipient, except as otherwise permitted or required by law, to disclose any personal information to the Ministry. No Control of Records. No right conferred upon the Ministry under the Agreement nor any provision of the Agreement shall be construed so as to give the Ministry any custody or control whatsoever over the Recipient’s Records. 8.7 8.8 Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment Article 9 Credit 9.1 Acknowledge Support. Unless otherwise directed by the Ministry, the Recipient shall acknowledge the support of the Ministry in any publication of any kind, written or oral, relating to the Project using the statement provided below: “This project has received funding support from the Ontario Ministry of the Environment. Such support does not indicate endorsement by the Ministry of the contents of this material.” Article 10 Limitation of Liability 10.1 Limitation of Liability. The Ministry’s officers, employees and agents shall not be liable to the Recipient or any of the Recipient’s personnel for costs, losses, claims, liabilities and damages howsoever caused (including any incidental, indirect, special or consequential damages, injury or any loss of use or profit of the Recipient) arising out of or in any way related to the Project or otherwise in connection with the Agreement, unless caused by the gross negligence or malfeasance of the Ministry’s officers, employees and agents. Article 11 Indemnity 11.1 Indemnification. The Recipient hereby agrees to indemnify and hold harmless the Indemnified Parties from and against any and all liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, (collectively “Claims”), by whomever made, sustained, brought or prosecuted, including for third party bodily injury (including death), personal injury and property damage, in any way based upon, occasioned by or attributable to anything done or omitted to be done by the Recipient, its subcontractors or their respective directors, officers, agents, employees or independent contractors in the course of performance of the Recipient’s obligations under, or otherwise in connection with, the Agreement. Article 12 Insurance 12.1 Commercial General Liability Insurance. The Recipient hereby agrees to put in effect and maintain insurance for the duration of the Agreement, at its own cost and expense, with insureds having as secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person in the business of the Recipient would maintain including, but not limited to, the following: Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment 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 the following clauses: (a) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient’s obligations under, or otherwise in connection with, the Agreement; Contractual Liability coverage; A cross liability clause; A thirty (30) day written notice of cancellation, termination or material change. (b) (c) (d) [for universities the above language in section 12.1 will be substituted with the following:] 12.1 Comprehensive General Liability Insurance. The Recipient shall put in effect and maintain, with Insureds acceptable to the Ministry for the duration of the Agreement, at its own expense, all the necessary and appropriate insurance that a prudent person in the business of the Recipient would maintain including, but not limited to, Comprehensive General Liability Insurance on an occurrence basis 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. The policy shall include the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient’s obligations under, or otherwise in connection with, the Agreement. [the university language ends here] Proof of Insurance. The Recipient shall provide the Ministry with certificates of insurance, or other proof as may be requested by the Ministry, that confirms the insurance coverage as provided for in section 12.1. Upon the request of the Ministry, the Recipient shall make available to the Ministry a copy of each insurance policy. 12.2 [for the federal government the above language in sections 12.1 and 12.2 will be substituted with the following:] 12.1 the recipient will make every effort to minimize any type of risk associated with the agreement with the ministry. However if a claim should arise the recipient will be treated as a self-underwriting organization for the purposes of the agreement, and whereby claims of any nature will be dealt with internally by the recipient. [the Federal Government language ends here] Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment Article 13 Termination by Either Party for Convenience 13.1 Termination Without Reason. Either Party may terminate the Agreement at any time, for any reason, upon giving at least thirty (30) days Notice to the other Party. Article 14 Termination by the Ministry 14.1 Immediate Termination. The Ministry may terminate the Agreement immediately upon giving Notice to the Recipient if: (a) in the opinion of the Ministry: (i) the Recipient has knowingly provided false or misleading information regarding its funding request or in any other communication with the Ministry; the Recipient breaches any provision of the Agreement; the Recipient is unable to complete or has discontinued the Project; or it is not reasonable for the Recipient to continue to carry out the Project; (ii) (iii) (iv) (b) the 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, the Recipient ceases to carry on business. (c) 14.2 Opportunity to Remedy. If the Ministry considers that it is appropriate to allow the Recipient the opportunity to remedy a breach of the Agreement, the Ministry may give the Recipient an opportunity to remedy the breach by giving the Recipient Notice: (a) (b) of the particulars of the breach; and of the period of time within which the Recipient is required to remedy the breach. 14.3 Recipient not Remedying. If the Ministry has provided the Recipient with an opportunity to remedy the breach, and Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment (a) the Recipient does not remedy the breach within the time period specified in the Notice; it becomes apparent to the Ministry that the Recipient 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 Recipient is not proceeding to remedy the breach in a way that is satisfactory to the Ministry, (b) (c) the Ministry may immediately terminate the Agreement by giving Notice of termination to the Recipient. 14.4 Effective Date. The effective date of any termination under this Article shall be the last day of the notice period, the last day of any subsequent notice period or immediately, which ever applies. Article 15 Funding at the End of a Funding Year, Upon Expiry OR Termination 15.1 Funding at the End of a Funding Year. If, in any Funding Year, the Recipient does not spend all of the Funds allocated for a Funding Year as provided for in the Budget, the Recipient may request permission from the Ministry to use the unspent Funds in the next Funding Year and the Ministry may, in writing: (a) authorize the Recipient to use the unspent Funds in the next Funding Year; or direct the Recipient to return the unspent Funds to the Ministry in accordance with Article 16. (b) 15.2 Funding on Termination. Upon termination of the Agreement pursuant to Article 14 (Termination by the Ministry), the Ministry shall: (a) (b) demand the repayment of any unspent Funds remaining in the possession or under the control of the Recipient; and demand the repayment of monies in an amount equal to any Funds the Recipient used for purposes not agreed upon by the Ministry and such monies shall be deemed to be Funds for the purpose of Article 16 and shall be repaid in accordance with Article 16; and cancel all further payment of Funds. (c) 15.3 Winding Down. If the Agreement is terminated pursuant to Article 13 (Termination by Either Party for Convenience), the Ministry shall: Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment (a) determine the Recipient’s reasonable costs to wind down the Project and permit the Recipient to use the Funds in its possession or under its control to pay for such reasonable costs; and demand the repayment of all other Funds remaining in the possession or under the control of the Recipient; and demand the payment of monies in an amount equal to any Funds the Recipient used for purposes not agreed upon by the Ministry and such monies shall be deemed to be Funds for the purpose of Article 16 and shall be repaid in accordance with Article 16. (b) (c) 15.4 Funding on Expiry. Upon expiry of the Agreement, the Ministry shall demand: (a) the repayment of any unspent Funds remaining in the possession or under the control of the Recipient; and, the payment of monies in an amount equal to any Funds the Recipient used for purposes not agreed upon by the Ministry and such monies shall be deemed to be Funds for the purpose of Article 16 and shall be repaid in accordance with Article 16. Article 16 Recipient’s Repayment of Funds (b) 16.1 Debt Due. If the Ministry demands the payment by the Recipient of any Funds or interest on the Funds pursuant to the Agreement, the amount demanded shall be deemed to be a debt owing to the Ministry by the Recipient, and the Recipient shall pay the amount to the Ministry immediately unless the Ministry directs otherwise. Interest Rate. The Ministry may charge the Recipient interest on any amount owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. Cheque Payable To. The Recipient shall pay any amounts owing to the Ministry by cheque payable to the “Ontario Minister of Finance” and mailed to the Ministry at the address provided in section 17.1. Article 17 Notices 16.2 16.3 17.1 Notice. Any Notice shall be: (a) (b) in writing; delivered personally or by pre-paid courier, or sent by facsimile, certified or registered mail or postage pre-paid mail with receipt notification requested; and, Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment (c) addressed to the other Party as provided below or as either Party shall later designate to the other in writing: To the Recipient: Recipient name address, Ontario postal code To the Ministry: Ministry of the Environment Source Protection Programs Branch 2 St. Clair Avenue West, 8th Floor Toronto, Ontario M4V 1L5 Attention:[person’s name & position] Attention: Paul Heeney Fax: Telephone: 17.2 416-327-6926 416-326-5564 Fax: Telephone: Notices Effective From. All Notices shall be effective: (a) at the time the delivery is made if the Notice is delivered personally, by prepaid courier or by facsimile; or three (3) days after the day the Notice was deposited in the mail if the Notice is sent by certified, registered or postage prepaid mail, unless the day the Notice is effective falls on a day when the Ministry is normally closed for business, in which case the Notice shall not be effective until the next day that is a day when the Ministry is normally open for business. Article 18 Severability of Provisions (b) 18.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision of the Agreement and any invalid or unenforceable provision shall be deemed to be severed. Article 19 Waiver Waivers in Writing. A waiver of any failure to comply with any term of the Agreement shall be in writing and signed by the Party providing the waiver. Any waiver must refer to a specific failure to comply and shall not have the effect of waiving any subsequent failures to comply. Article 20 Independent Parties 19.1 20.1 Parties Independent. The Parties are and shall at all times remain independent Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment 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. Article 21 Assignment of Agreement or Funds 21.1 No Assignment. The Recipient shall not assign the Agreement or the Funds or any part thereof without the prior written consent of the Ministry. Article 22 Governing Law 22.1 Agreement Governed By. The 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 and the federal laws of Canada applicable therein. Any litigation or arbitration arising in connection with the Agreement shall be conducted in Ontario unless the Parties agree in writing otherwise. Article 23 Further Assurances 23.1 Agreement into Effect. The Parties agree to do or cause to be done all acts or things necessary to implement and carry into effect the Agreement to its full extent. Article 24 Circumstances Beyond the Control of Either Party Force Majeure Means. For the purposes of the Agreement, “Force Majeure” means an event that is: (a) (b) beyond the reasonable control of a Party; and makes a Party’s performance of its obligations under the Agreement impossible or so impracticable as reasonably to be considered impossible in the circumstances. 24.1 24.2 Force Majeure Includes. Force Majeure includes: (a) war, riots and civil disorder; Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment (b) (c) (d) (e) storm, flood, earthquake or other severely adverse weather conditions; confiscation or other similar action by government agencies; lawful act by a public authority; and, strikes, lockouts and other labour actions, if such events meet the test set out in Section 24.1. 24.3 Force Majeure Shall Not Include. Force Majeure shall not include: (a) any event that is caused by the negligence or intentional action of a Party or such Party’s agents or employees; any event that a diligent Party could reasonably have been expected to: (i) (ii) (c) take into account at the time of the execution of the Agreement; and (b) avoid or overcome in the carrying out of its obligations under the Agreement; or, the insufficiency of funds or failure to make any payment required hereunder, unless such failure is in accordance with section 4.3 (Appropriation). 24.4 Failure to Fulfil Obligations. The failure of either Party to fulfil any of its obligations under the Agreement shall not be considered to be a breach of, or default under, the Agreement to the extent that such failure to fulfill the obligation arose from an event of Force Majeure, if the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of the Agreement. Article 25 Survival 25.1 Survival. The provisions in Sections 4.4 and 4.5, Section 6.2, Section 8.2 and 8.3 to the extent that the Recipient has not submitted all the required Reports to the Ministry, sections 8.4, 8.5 and 8.6, Article 9 (Credit), Article 10 (Limitation of Liability), Article 11 (Indemnity), Article 15 (Funding at the End of a Funding Year, Upon Expiry or Termination), Article 16 (Recipient’s Repayment of Funds), Article 22 (Governing Law), Article 25 (Survival) and any supporting or crossed referenced provisions survive and shall continue in full force and effect for a period of seven (7) years from the date of expiry or termination of the Agreement. Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment Article 26 Schedules 26.1 Schedules. The following are the schedules attached to and forming part of the Agreement: (a) (b) (c) Schedule A (Project Description and Timelines); Schedule B (Budget); and, Schedule C (Financial/Progress Reports). Article 27 Entire Agreement 27.1 Entire Agreement. The Agreement together with the attached schedules listed in section 26.1 of the 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. Modification of Agreement. The Agreement may only be modified by a written agreement duly executed by the Parties. 27.2 Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment Article 28 Counterparts 28.1 Counterparts. The Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF the Parties have executed the Agreement made as of the date first written above. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of the Environment per: _________________________________ Name: Title: Pursuant to delegated authority Legal Name of Recipient per: ________________________________ Name: Position: I have authority to bind the Recipient Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment Schedule A PROJECT DESCRIPTION AND TIMELINES A1. [fill in] A2. [fill in] A3. BACKGROUND PROJECT OBJECTIVE RECIPIENT OBLIGATIONS A3.1 Scope of Project [fill in] A3.2 Timelines [fill in] Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment Schedule B BUDGET B1. The Recipient shall expend the Funds in accordance with the following: Amount $ $ $ Eligible Expenditure [insert Budget line items here] B2. The Ministry shall provide the Funds to the Recipient in accordance with the following schedule: Amount $ $ Date or Activity that Triggers Payment Ministry approval of Recipient project application Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment Schedule C FINANCIAL/PROGRESS REPORTS Reports Interim progress report(s) setting out: Date Due (i) actions undertaken to the date of the report and how they relate to the objectives of the Project; (ii) any Project milestones achieved within the reporting period and show how Project objectives / expectations have been met; (iii) set out any variances from the Project schedule, the reasons for such variances and the strategy used to correct the variances and achieve the Project objectives; and (iv) a statement confirming Recipient compliance with the terms and conditions of the Agreement signed by the Chief Operating Officer, Board chair or equivalent unless otherwise agreed to by the Ministry. Financial progress report(s) setting out: (i) an interim accounting of all Project expenditures to date signed by the Chief Financial Officer, Board chair or equivalent, if applicable, or as otherwise agreed to by the Ministry confirming actual Project expenditures and providing an explanation for any variances from the Budget as provided for in section 5.5; and (ii) whether or not the Project as described in the Agreement can be completed. Final report: (i) discussing Project objectives / expectations, confirming that Project objectives / expectations were met, setting out lessons learned; (ii) including a final accounting of all Project expenditures signed by the Chief Financial Officer, and the Board of Directors if applicable, or as otherwise agreed to by the Ministry, confirming actual Project expenditures and providing an explanation for any variances as provided for in section 5.5; (iii) including an accounting of any unspent Funds and an explanation as to why there are remaining Funds; and (iv) including a statement signed by the Chief Operating Officer, Board chair or equivalent unless otherwise agreed to by the Ministry confirming Recipient compliance with the terms and conditions of the Agreement. Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment Appendix 3 – Application Check List Other Information and Final Check List Before submitting an application, the Ministry recommends that you complete the following checklist to ensure that your application is complete and ready for submission: [ ] I have read the Ontario Drinking Water Stewardship Program application guidelines for the Ontario Drinking Water Stewardship Program Grant Proposals application. [ ] I have completed all of the sections required in the application and attached additional information if applicable. [ ] I have attached letter(s) of support for the project in principle. [ ] I understand and agree that all work on the project shall be carried out in compliance with all federal, provincial and municipal laws and regulations, and any orders, rules or by-laws related to any aspect of the Project. I have given copies of the application to all of my co-applicants and obtained their approvals. The declaration for each of my co-applicants has been signed by a person with designated signing authority. I understand that if successful, the lead applicant will be required to sign an agreement in the form set out in Appendix 2 of the Request for Ontario Drinking Water Stewardship Program Proposals with the Province of Ontario which specifies the terms and conditions of funding. [ ] [ ] [ ] I have attached one signed copy of the completed application and answered all of the applicable questions and requests for information and submitted the application by mail. An electronic copy of the application should be sent to SourceProtectionFunding@ontartio.ca.. Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment Appendix 4 – Lead Conservation Authority Contacts LEAD CONSERVATION AUTHORITY (partner Conservation Authorities) Ausable Bayfield (Maitland Valley) Cataraqui Essex Region Grand River (Long Point, Kettle, Catfish) Halton (Hamilton) Lake Simcoe (Nottawasaga Valley) Lakehead Region Lower Trent (Ganaraska, Otonabee, Kawartha, Crowe Valley) Mattagami Niagara Penninsula Nickel District North Bay Mattawa Quinte Raisin Region (South Nation) Project Manager Email Phone Cathie Brown (ABCA) Rob McRae (CatRCA) Stan Taylor (ERCA) Lorrie Minshall (GRCA) Dawood Muhammad (Halton) Don Goodyear (LSRCA) Melanie Mathiesan (LRCA) Glenda Rodgers (Lower Trent) Joe Evers (MattRCA) Brian Wright (NPCA) Judy Sewell (NDCA) Sue Miller (NBMCA) Keith Taylor (Quinte) Richard Pilon (Raisin Region) Angela Coleman (South Nation) Brian Stratton (Rideau Valley) Don Smith (Grey Sauble) Rhonda Bateman (SSMCA) Beverly Thorpe cbrown@abca.on.ca robmcrae@ cataraquiregion.on.ca staylor@erca.org lminshall@grandriver.ca dmuhammad@hrca.on.ca d.goodyear@lsrca.on.ca melanie@lakeheadca.com glenda.rodgers@ltc.on.ca (519) 235-2610 (613) 546-4228 (519) 776-5209 (519) 621-2761 (905) 854-9229 (905) 895-1281 (807) 344-5857 (613) 394-4829 joe.evers@city. timmins.on.ca bwright@conservationniagara.on.ca Judy.Sewell@city. greatersudbury.on.ca SueMiller@nbmca.on.ca ktaylor@ quinteconservation.ca rpilon@nation.on.ca acoleman@nation.on.ca (705) 360-1365 (905) 788-3135 (705) 674-5249 (705) 474-5420 (613) 968-3434 (613) 938-3611 (613) 984-2948 Rideau Valley (Mississippi Valley) Saugeen (Grey Sauble) Sault Ste. Marie Toronto (Credit Valley and Central Lake Ontario) Upper Thames (Lower Thames and St. Clair) brian.stratton@ rideauvalley.on.ca d.smith@greysauble.on.ca rbateman@ssmrca.ca bevthorpe@sympatico.ca (613) 692-3571 (519) 376-3076 (705) 946-8530 (416) 484-1807 Chris Tasker (UTRCA) taskerc@thamesriver.on.ca (519) 451-2800 Ontario Drinking Water Stewardship Program Ontario Ministry of the Environment