 |
|
The Toronto Heritage Grant Program is administered by the City of Toronto to encourage the conservation of heritage resources in Toronto. If funding is granted by the City of Toronto (the "City") from the Toronto Heritage Grant Program for eligible heritage conservation work (the "Project"), the applicant (the "Recipient"), by signing the Toronto Heritage Grant Program application form, acknowledges and agrees to the following terms and conditions:
1. Use and Purpose of Grant
1.1 |
Funds awarded from the Toronto Heritage Grant Program shall be used only for the purposes approved by City Council, as further described in the grant application form, and in accordance with drawings and specifications approved by the City. The Recipient understands that this approval does not affect the Recipient's obligation to obtain all other approvals required by law to undertake the Project. Work shall not commence until written notification of receipt of the grant and approval of the proposed scope of work has been received. Work started before written notification will result in disqualification and loss of the grant. |
| 1.2 |
The Project shall be carried out under the supervision of a qualified architect, contractor, engineer or restoration consultant with specific qualifications in heritage. |
| 1.3 |
The Recipient shall at its own expense correct any work that, in the City's opinion, does not conform to the approved drawings and specifications. No funds shall be paid to assist work which, in the City's opinion, does not conform to the approved drawings and specifications. |
| 1.4 |
Grants shall be awarded for up to but not more than half of the eligible costs of the Project. The grant shall be matched by an equal contribution from the Recipient or any other available source excluding Provincial and Federal aid. The City may at its sole discretion, establish categories of projects for funding as well as maximum limits of grant funding. |
| 1.5 |
The Recipient may receive one Toronto Heritage Grant every five years for any given heritage property. |
| 1.6 |
The Recipient shall notify the City of any proposed material changes to the nature of, or budget for, the Project and shall use the grant for such altered activities only with the prior written consent of the City. |
| 1.7 |
The grant recipient shall not transfer or assign the grant or any part thereof to another organization or individual, without the prior written consent of the City. |
| 1.8 |
No funds shall be payable after two years from the date the Recipient is advised in writing of its successful application for a grant, unless the City, in its sole discretion, decides to extend the period in which funds may be paid, and has provided the Recipient prior written approval regarding the extension. |
| 1.9 |
Any unused portion of a grant remains the property of the City. If an unused portion of the grant has already been paid by the City to the Recipient, it shall be repaid by the Recipient to the City on request. |
2. Grant Payments
The grant will be payable in one instalment upon completion of the eligible heritage conservation work, to the satisfaction of the City. Release of grant funds is conditional upon confirmation by the City that there are no outstanding taxes, water rates or other sums owed to the City with respect to the property, and upon the City having received the following:
- A signed copy of the Letter of Understanding;
- A copy of all invoices relating to the eligible heritage conservation work with proof of payment; and
- Digital images and photographs, no smaller than 6x4" and printed on photographic paper illustrating the heritage conservation work upon completion.
3. Municipal Freedom of Information and Protection of Privacy Act
The information provided in the grant application is subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act. All granting decisions are publicly available.
The Municipal Freedom of Information and Protection of Privacy Act (the Act) applies to all grant applications submitted to the City of Toronto. Grant applications will be received in confidence subject to the disclosure requirements of the Act.
4. Anti-Racism, Access and Equity Guidelines
The Recipient must complete and file a Declaration of Non-Discrimination, indicating the Recipient has adopted and upholds a policy of access and non-discrimination based on the City's Human Rights Policy. The Recipient will work actively to integrate anti-racism, access and equity, throughout their operations, in accordance with the City's approved Anti-Racism, Access and Equity Policy as it relates to all grant recipients.
5. Repayment of Grants
| 5.1 |
The grant recipient shall, at the request of the City, repay to the City the whole or any part of the grant as determined by the City, if the Recipient: |
| |
a. |
ceases operating; |
| |
b. |
winds-up or dissolves; |
| |
c. |
merges or amalgamates with any other party; |
| |
d. |
commences or has commenced against it, any proceedings in bankruptcy or is adjudged a bankrupt; |
| |
e. |
has knowingly provided false information in its grant application; |
| |
f. |
uses grant funds for purposes not approved by City Council; |
| |
g. |
breaches any of the terms or conditions of the grant; or |
| |
h. |
breaches any of the provisions of the Ontario Human Rights code in its operations. |
| 5.2 |
The Recipient shall notify the City of the occurrence of any of the events referred to in clause 5.1 above. |
| 5.3 |
The City may, in its sole discretion, require the Recipient to pay interest on any amount required to be repaid pursuant to this section at the prime rate of the Royal Bank of Canada from the date of the request for repayment to the date of repayment. |
6. Accounting
| 6.1 |
The Recipient shall keep and maintain all records, invoices and other documents relating to the grant in a manner consistent with generally accepted accounting principles and clerical practices, and shall maintain such records for a period of three (3) years from the date of approval of the grant by City Council. |
| 6.2 |
The Recipient authorizes the City and its agents at all reasonable times to inspect and copy any and all records, invoices and documents in the custody or control of the Recipient which relate to the grant, for a period of three (3) years from the date of approval of the grant by City Council. This right of inspection includes the right to perform a full or partial audit of the aforementioned records, as considered appropriate by the City. |
| 6.3 |
Representatives of the City may inspect the Project at all reasonable times until six months after completion of the Project or six months after the City's release of the grant award whichever comes later. |
7. Limitation of Liability and Indemnification
| 7.1 |
The City shall not be liable for any damages, injury or any loss of use or profit of the Recipient arising out of, or in any way related to, the grant recipient's operations. |
| 7.2 |
The Recipient shall indemnify the City, its officers, employees and agents, against all costs, damages and expenses incurred as a result of a claim or proceedings related to the Recipient's operations, unless such costs, damages or expenses arise from the negligence or willful act of an officer, employee or agent of the City. |
8. Further Conditions
The City shall be entitled, at any time, to impose such additional terms and conditions on the use of the grant which, in its sole discretion, it deems appropriate.
9. Grant Payments
When a grant is approved, the Recipient will be advised in writing as to the amount, and timing for payment of the grant.
10. Acknowledgement of Funding
The recipient will acknowledge the support of the City of Toronto (Toronto Heritage Grant Program) on any materials, reports, events, signage or publicity, which are paid for, in full or in part with this funding. The City may post a sign on the property for which a grant has been awarded during the period of conservation work, for the purposes of promoting the Toronto Heritage Grant Program.
11. Consultation
An application to the Toronto Heritage Grant Program will be reviewed by City staff and by a Selection Committee comprised of a member(s) of the Toronto Preservation Board and professionals in the field of heritage conservation or related fields. The Selection Committee will recommend grant recipients to City Council. The City reserves the right to consult with other funding agencies to determine the eligibility of a Recipient or project to receive a grant.
12. Appeals
Applicants may appeal the decision of the Selection Committee provided appeals are made to the City no more than seven (7) days following receipt of written notification of the decision of the Selection Committee.
13. Status of the Recipient
The Recipient must be in good standing with the City of Toronto, having met the terms and conditions of any previous grant provided to the Recipient by the City.
|
|
