Council 02-031 Capital Improvement and Development
Richmond, Nova Scotia
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Municipality of the County of Richmond - Capital Improvement and Development Policy
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Title
Capital Improvement and Development
Approved by Council
Date: June 24, 2025
Policy Review Notification
Date: June 10, 2025
Policy Review
Date: June 10, 2025
I certify this to be a true copy of the Capital Improvement and Development Policy as
adopted by the Municipal Council of Richmond County at a Public Meeting
held June 24, 2025
______________________
Shelley David
Municipal Clerk
1.
Purpose
The purpose of this policy is to establish a framework for evaluating and awarding
third-party requests for municipal funding for physical infrastructure projects
related to new housing development, providing guidance for Council, municipal
staff, and the public.
2.
Scope
This policy applies to all requests for municipal funding for physical infrastructure
projects that fall outside the parameters of other funding policies.
3.
Roles & Responsibilities
3.1. Municipal Council will be responsible to:
a) review, amend, and adopt the Capital Improvement and Development
policy;
b) support the Chief Administrative Officer (CAO). and staff, in the
implementation of the policy; and
c) review and maintain the Special Purpose Fund through annual
contributions in amounts to be determined by Council.
3.2. The CAO will be responsible to:
a) implement the Capital Improvement and Development policy;
b) work with Municipal Council to review and award third-party requests
for municipal funding for physical infrastructure projects.
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3.3. The Department Heads will be responsible to:
a) provide important information and advice to the CAO and Council
regarding the review of submissions.
Policy
4.
Policy Statement
This policy is established in accordance with section 65 of the Municipal
Government Act (MGA), granting Council authority to allocate funds for physical
infrastructure within the Municipality. Council affirms its support for the
development of physical infrastructure that relates to new housing development,
to enhance the well-being of inhabitants and communities and recognizes the
importance of evaluating reasonable infrastructure projects for municipal funding
support in a thorough and consistent manner.
5.
Policy Principles
The following principles will guide the process by which requests for Municipal
funding for physical infrastructure projects, or waiver of fees for multi-unit housing
developments, will be evaluated.
5.1. Infrastructure Projects
a) For the purposes of this policy, "infrastructure project(s)": means the
construction, installation, or expansion of physical infrastructure within
the Municipality and comprising components of a water or sewer system,
streets, sidewalks, and gutters, all of which shall be transferred to the
municipality upon completion;
i)
infrastructure must be built to the appropriate standards and adhere
to applicable legislation. This may include:
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Municipality of the County of Richmond Municipal Services
Design and Construction Specifications;
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Standard Specifications for Municipal Services as published by
the Nova Scotia Road Builders Association, the Nova Scotia
Consulting Engineers Association and the Joint Committee on
Contract Documents;
-
Atlantic Canada Wastewater Guidelines for Collection, Treatment
and Disposal;
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Atlantic Canada Guidelines for the Supply, Treatment, Storage,
Distribution, and Operation of Drinking Water Supply Systems
b) but does not include the repair of existing physical infrastructure nor the
construction, erection, renovation, or expansion of buildings.
5.2. Multi-Unit Dwelling Developments
a) For the purposes of this policy, "waiver of fees" shall refer to the
building/development permits required for any multi-unit development
permit issued by Eastern District Planning Commission (EDPC) until
further notice.
5.3. Eligible Costs
a) For the purposes of this policy, "eligible costs" shall refer to capital costs
expressly identified as eligible costs in the funding contract between the
Municipality and the proponent, see Appendix D, Cost Eligibility.
5.4. Municipal Funding for Eligible Costs
a) Municipal funding from various sources, approved pursuant to this policy,
shall not exceed 33% of the total eligible costs of the infrastructure
project as determined by Council.
b)
Provincial and federal funding opportunities must be explored and
exhausted.
5.5. Municipal Funding for Permitting Fees
a) Municipal funding requests for permitting fees will follow the application
process and criteria for reimbursement as outlined in section 6.8.
5.6. Special Purpose Fund Reserve
a) Council shall establish a fund for use in providing Municipal funding to
approved infrastructure projects under this policy.
b) The fund shall be maintained through annual contributions in amounts to
be determined by Council annually at Budget deliberation in consultation
with the CAO and Chief Financial Officer.
c) Any unused funds from the current fiscal year shall be placed in the
Special Purpose Fund Reserve to accumulate year over year.
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6.
Process
Applications will be accepted on a continuous basis throughout the year. All
submissions will be assessed using the same evaluation criteria and in the order
they are received, subject to available funding. Council will review applications
quarterly, or as needed, (to align to Provincial or Federal Housing grant
applications) to ensure fair and consistent treatment across proponents.
If Federal or Provincial Grants become available for projects, Developers may ask
Council to review their projects prior to the next quarterly review, to better align
with Federal and Provincial application timelines.
The following process shall apply with respect to requests for Municipal funding for
infrastructure projects, subject to:
6.1. Initial Presentation
a) The proponent seeking funding shall present to Council, in writing using
the "Application for Financial Assistance Form, Appendix A, and shall
include a description of the project including but not limited to the
following:
i. Objective;
ii. geographical location;
iii. project background / history and any obstacles or physical
components;
iv. detailed budget, cost projections and projected schedule;
v. sources of funding (in addition to Municipal funds being sought), both
applied for and/or confirmed;
vi. participants (including confirmation of good standing of all corporate;
participants), and
vii. identified benefit to community or inhabitants.
b) Council may request that the submission also be presented as a
presentation to Council.
6.2. First Stage Decision
a) The first stage decision will be based on the evaluation of the initial
presentation using the "Initial Presentation & First Stage Evaluation
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Form", Appendix B.
b) If Council decides the project will not be considered for funding purposes,
the proponent shall be advised and his/ her presentation materials
returned.
c) If Council decides the project should be evaluated further for funding
purposes, Council shall refer the presentation to Municipal staff, together
with such additional or particular issues or questions as may be identified
by Council, for investigation.
6.3. Staff Investigation
a) Municipal staff shall review the project description/ materials and report
on, among other things:
i. eligibility for funding under this or any other funding policy;
ii. whether the project is objectively reasonable and sound;
iii. whether there are any problems with the proponent's data;
iv. whether any concerns are identified;
v. overall cost-benefit analysis insofar as possible;
vi. any collateral information relevant to the project and funding request.
b) In preparing a Report on the project proposal and funding request, staff
may request additional information and particulars from the proponent,
with such requests and response to be provided in writing.
c) Before the Report is finalized, it shall be reviewed by the Director of
Public Works and Chief Financial Officer and such other department
heads as they consider may have relevant input.
d) The Report may include recommendations to Council.
e) The CAO will review the Report prior to presenting the same to Council.
6.4. Presentation of Staff Report
a) The Staff Report will be presented to Council at their next meeting by the
CAO.
b) The presentation of the Staff Report may include in camera discussion
with respect to potential contract issues.
c) Council may refer the Report back to staff with additional direction for
further analysis or comment.
6.5. Second Stage Decision
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a) The second stage decision will be based on the "Second Stage
Evaluation Form", Appendix C.
b) If Council decides not to fund the project, it shall direct the CAO to notify
the proponent in writing that funding is denied. This notice may, in the
discretion of Council, include reasons for the denial of funding.
c) If Council determines that additional information is required from the
proponent, Council shall direct the CAO to contact the proponent to
request such information and arranging a further presentation. In the
event of a further presentation, the additional information shall be
referred to staff for further investigation and supplemental report.
d) If Council decides, based on all available information, to consider funding
for the project, Council shall direct the CAO to contact the proponent with
a written Expression of Interest.
6.6. Expression of Interest
a) The Expression of Interest shall be made without prejudice and shall set
out, including but not limited to, the following:
i. the basis for Council's interest, confirming the materials and
information provided by the proponent;
ii. the necessary pre-conditions for Municipal funding;
iii. the funding limits which will apply;
iv. the definition of eligible costs for calculation of Municipal funding;
v. the documentation required from the proponent including granting
Municipal staff access to design and other documents from sub-
contractors and consultants;
vi. notice that any Municipal funding shall be conditional on the
execution between the parties of a written contract and that only
eligible and approved costs shall be funded.
b) The proponent shall be required to return a signed and dated copy of the
Expression of Interest, confirming their intention and willingness to enter
into a contract with the Municipality for purposes of funding.
6.7. Third Stage Decision - Funding Contract
a) Where the proponent has signed and returned a copy of the Expression
of Interest, the negotiation of the funding contract can take place.
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b) Council shall refer the negotiation and drafting of the terms of the
contract to staff, including consultation with the Municipal Solicitors.
c) Negotiations shall be conducted on a "without prejudice" basis pending
conclusion and execution of a complete written agreement.
d) No one shall make any commitment to any funding on behalf of the
Municipality until the agreement has been approved by majority vote of
Municipal Council and fully executed in writing as authorized.
e) Funding will only be provided after the work is completed satisfactorily
and all necessary invoices and proof of payment, etc. are provided.
6.8. Municipal Funding for Permitting Fees - Application and Reimbursement
a) The proponent seeking funding for permitting fees shall provide the
request in writing to Council using the "Application for Financial
Assistance Form" Appendix A.
b) Council approves funding requests, up to the full amount, by resolution.
c) Upon approval, Council will provide a letter to the proponent with the
conditional approved amount.
d) Reimbursement will be granted providing the following criteria are met:
i.
Completion of project with proof of occupancy permit
ii. Original receipts for service are submitted
e) If all the criteria are not fulfilled, reimbursement will not be granted.
6.9. Intake Transparency and Equity
To maintain fairness and avoid the appearance of favouritism:
a)
A rolling intake log will be maintained and made available to Council and
the public, showing the date of submission and status of all applications.
b)
Evaluation criteria will be applied consistently using standardized scoring
templates (Appendices B and C).
c)
Staff shall prepare quarterly reports summarizing all applications
received, including those pending review or under investigation.
d)
Funding decisions will remain subject to the availability of funds and the
application's alignment with Council priorities and the Municipality's
e)
Strategic Plan.
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Appendices
Appendix A - Application for Financial Assistance Form
Appendix B - Initial Presentation & First Stage Evaluation Form
Appendix C - Second Stage Evaluation Form
Appendix D - Cost Eligibility
Appendix E - Project Timeline - Expected
Appendix F - Terms and Conditions (Contract)
Related Documents
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Municipality of the County of Richmond Municipal Services Design and
Construction Specifications
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Standard Specifications for Municipal Services as published by the Nova Scotia
Road Builders Association, the Nova Scotia Consulting Engineers Association
and the Joint Committee on Contract Documents;
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Atlantic Canada Wastewater Guidelines for Collection, Treatment and Disposal
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Atlantic Canada Guidelines for the Supply, Treatment, Storage, Distribution, and
Operation of Drinking Water Supply Systems
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Municipality of the County of Richmond Strategic Plan
Policy Review/Amendment Schedule
Date of Review
Approved / Amended by Council
Reviewed June 10, 2025
Addition of 5.6 (c) and 6.9.
Revised the first paragraph in
section 6 and the first three
bullet points in Appendix E.
June 24, 2025
New policy
August 7, 2024
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Appendix A
Application for Financial Assistance
Contact Information
Name:
Organization:
Position/Role:
Email:
Phone:
Address:
Project
Is this project for multi-unit residential development? Yes___ No ___
Total new units: ____
Application
What is your application for?
A.
Municipal funding for Permitting Fees (as per sections 5.2, 5.5, 6.8)
______ Waiver of Build and Development Permits (up to a max of $10,000.00 per
application)
The following information is required:
Written Submission along with the completed application form sent to the Municipal
Clerk.
Funding for permits is only eligible for payment once an occupancy permit is issued and
received by the proponent and presented to the County as per Section 6.8.d of the Policy.
B.
Municipal funding for an Infrastructure Project (as per sections 5.1, 6.1- 6.7)
______
Infrastructure Project (up to a max of 33% of total eligible project costs)
The information is required
Written Submission along with the completed application form sent to the Municipal
Clerk. The information provided will be reviewed and scored using the Initial
Presentation and First Stage Evaluation Form, Appendix B.
Your funding request is in the amount of $ ___________. This amount is ____ % of
this part of your project.
Funding for Capital is only eligible for payment once the asset is transferred to the
County as per Section 5.1.a of the Policy.
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B. Municipal funding for an Infrastructure Project (Continued)
Confirmation of Other Grants applied for and Status:
Grant
(name of grant
program/stream)
Government Level
(Mun/Prov/Fed)
Amount ($)
($ applied for)
Status
(Successful/Unsuccessful,
in progress, etc.)
* Please refer to the Capital Improvement and Development Policy for guidelines on eligible
projects, fees, and costs, Section 5 and Appendix D - Cost Eligibility.
Process
As per Section 6 of the Capital Improvement and Development Policy and Appendix E - Project
Timeline-Expected.
Completed Submissions
Your completed submissions can be sent in person, by email, or by fax to the attention of:
Municipal Clerk
Municipality of the County of Richmond
2357 Hwy 206, Arichat
Nova Scotia B0E 1A0
Email: [email protected]
Fax: 902-226-1510
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Appendix B
Initial Presentation & First Stage Evaluation Form
The following evaluation shall apply to the initial presentation to Council for municipal
funding of infrastructure projects. The presentation shall be evaluated based on the
following criteria as outlined in section 6.1:
Criterion
Weight
Score
Project Objectives
- Assessment factors include, but are not limited to:
o
Clear articulation of project goals and what it aims to
achieve.
10
Geographical Location
- Assessment factors include, but are not limited to:
o
Description and significance of the project's location.
o
Consideration of local environmental or social impacts.
10
Project Background (History, Lists any obstacles or physical
components)
- Assessment factors include, but are not limited to:
o
Historical context and any challenges faced in project
development.
o
Identification of physical aspects or obstacles that may
impact implementation.
o
Engagement with the Eastern District Planning
Commission (EDPC) for planning to ensure your project
meets zoning and other requirements.
10
Budget (Cost Projections, Projected Schedule)
- Assessment factors include, but are not limited to:
o
Detailed breakdown of project costs and financial
projections. (be sure to highlight project elements that will
be eligible for this grant)
o
Realistic timeline for project completion and milestones.
10
Source of Funding (Applied for and confirmed)
- Assessment factors include, but are not limited to:
o
Explanation of funding sources applied for and secured.
o
Confirmation of financial backing or commitments.
10
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Participants (Confirmation of good standing of all corporate
participants)
- Assessment factors include, but are not limited to:
o
Verification of the credibility and reliability of project
partners or stakeholders.
o
Assurance of their capability to fulfill their roles effectively.
10
Identified benefit to community or inhabitants
- Assessment factors include, but are not limited to:
o
Explanation of how the project will positively impact the
local community.
o
Anticipated social, economic, or environmental benefits.
10
Identified alignment with Council priorities and the MOCR
Strategic Plan
- Assessment factors include, but are not limited to:
o
Demonstration of how the project supports and aligns with
the Municipality of the County of Richmond (MOCR)
Strategic Plan, Council priorities, and community needs.
o
Contribution to long-term municipal objectives and
priorities.
10
Maximum Score Possible 80
Final Score =
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Appendix C
Second Stage Evaluation
The following evaluation shall apply to the second-stage decision for municipal funding
of infrastructure projects, based on sections 6.3, and 5.1 (a) (i). The evaluation will be
assessed against the following criteria:
Criterion
Weight
Score
Eligibility for funding under this or any other funding policy:
-
Assessment factors include, but are not limited to:
o Whether the project meets the specific eligibility criteria laid out
in the municipal funding policy or any other relevant funding
policies.
o Consideration of any regulatory or legal requirements that must
be met for funding approval.
o Verification of the project's alignment with the strategic priorities
of the funding body.
10
Objective reasonableness and soundness of the project:
-
Assessment factors include, but are not limited to:
o Evaluation of the project's feasibility, including technical,
financial, and operational aspects.
o Assessment of the project's objectives and the clarity of its
expected outcomes.
o Review of the project's timeline and milestones to ensure they
are achievable and realistic.
10
Validity and reliability of the proponent's data:
-
Assessment factors include, but are not limited to:
o Examination of the accuracy and completeness of data
provided by the project proponent.
o Verification of assumptions, methodologies, and sources used
to compile project data.
o Assessment of any potential biases or gaps in data collection
that could affect project assessment.
10
Identification and resolution of concerns:
-
Assessment factors include, but are not limited to:
o Identification and evaluation of any potential risks, challenges,
or issues related to the project.
o Consideration of mitigation strategies proposed by the project
proponent to address identified concerns.
o Review of any outstanding questions or uncertainties that
require clarification before funding approval.
10
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Overall cost-benefit analysis (as far as possible):
-
Assessment factors include, but are not limited to:
o Conducting a comprehensive cost-benefit analysis to evaluate
the economic viability and financial sustainability of the project.
o Comparison of anticipated benefits against projected costs,
including both direct and indirect impacts.
o Consideration of long-term benefits and potential returns on
investment relative to the initial funding requirements.
10
Relevance of collateral information to the project and funding
request:
-
Assessment factors include, but are not limited to:
o Evaluation of supplementary information, such as
environmental impact assessments, feasibility studies,
and community impact assessments.
o Review of additional documentation that supports or
provides context for the project proposal.
o Consideration of how collateral information strengthens
the rationale for funding approval.
o infrastructure must be built to the appropriate standards
and adhere to applicable legislation. This may include:
Municipality of the County of Richmond Municipal
Services Design and Construction Specifications;
Standard Specifications for Municipal Services as
published by the Nova Scotia Road Builders
Association, the Nova Scotia Consulting Engineers
Association and the Joint Committee on Contract
Documents;
Atlantic Canada Wastewater Guidelines for Collection,
Treatment and Disposal;
Atlantic Canada Guidelines for the Supply, Treatment,
Storage, Distribution, and Operation of Drinking Water
Supply Systems
10
Alignment with the overall MOCR Strategic Plan:
-
Assessment factors include, but are not limited to:
o Assessment of the extent to which the project aligns with the
key goals, objectives, and priorities outlined in the Municipality
of the County of Richmond Strategic Plan.
o Evaluation of the project's potential to contribute to the strategic
outcomes and developmental targets set by the municipality.
o Consideration of synergies with other ongoing or planned
initiatives under the strategic plan to maximize impact and
efficiency.
10
Maximum Score Possible = 70
Final Score =
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Appendix D
Cost Eligibility
Eligible costs include:
- engineering services and project management
- construction inspection and administration
- costs of construction and equipment according to the plans and specifications
Ineligible costs include:
- costs incurred prior to approval
- interim financing costs
- non-fixed assets that are not essential for the operation of the infrastructure project
- operation and maintenance costs
- costs of acquiring land
- leasing land, buildings and other facilities
- real estate fees and other costs
- overhead costs, including salaries and other employment benefits of any employees
of the applicant
- expenses already cost shared by other funding programs
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Appendix E
Project Timeline - Expected
- Submissions are accepted on a rolling basis throughout the calendar year. Council
will review submissions quarterly, with estimated timelines for evaluation and
decision-making outlined at the time of application acknowledgment.
- All received projects go to an ad hoc evaluation committee (consisting of 2 staff and 2
members of council) upon receipt - they are logged, evaluated, and then presented
to the next meeting of Council, in camera if necessary, and then reported in an open
council meeting on its status.
- Projects are reviewed by the evaluation committee, and they progress or are denied
by Council at open meetings of Council.
- The project moves to Stage 2 and can take up to 60 days per application, varying for
complexity of the proposed project.
- Project moves for Stage 2 Decision of Council.
- If Council approves, the project moves to an Expression of Interest stage to refine
and clearly define the specifics of the eligible proposed costs and funding
contributions from the Municipality.
- If completed and willing, the project then moves to a Funding Contract that will bind
both parties: the Municipality and the Proponent.
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Appendix F
Terms and Conditions
Capital Improvement and Development
Terms and Conditions
Project:
___________________________________
Project #:
___________________________________
Proponent:
___________________________________
Approved Grant Funding: ___________________________________
The following Appendices form part of the Terms and Conditions:
-
Appendix B, C - Statement of Work (Presentation and Evaluation of Project/Scope)
-
Appendix D
- Cost Eligibility
Funding approval for the above-noted project is subject to the acceptance of the following
Terms and Conditions:
1. The purpose of this document is to set out the terms and conditions agreed to
by the Proponent in relation to the grant funding that the Municipality
("MOCR") provides to the Proponent to support the delivery of the Proponent's
project (hereinafter referred to as the "Project"), as described in Schedule A to
this document, and as per the application received by the Municipality.
TERM
2. These Terms and Conditions, herein referred to as the "Agreement", come into
effect on the date of the Proponent's signature, and end on __________,
unless terminated earlier in accordance with this Agreement.
3. The parties may extend the term of this Agreement by written amendment at
any time.
TERMINATION
4. This Agreement may be immediately terminated by the Municipality without
further liability, damage, or cost, if, in the opinion of the Municipality, the
Proponent has breached or defaulted or failed to comply with any of the terms
and conditions of this Agreement and has failed to remedy the same after
being given 30 days notice in writing to remedy the breach, default or failure.
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5. In the event of termination, any funds provided to the Proponent which remain
unspent, or which were provided for a deliverable not yet provided at the date of
termination or expiration of this Agreement must immediately be returned to the
Municipality.
6. The Municipality may immediately terminate the Agreement if any of the following
events ("Termination Events") occur, and such termination events are not cured
by the Proponent within 30 days of the Municipality providing notice of the
Termination event:
a. The Proponent has presented false or misleading information or made false
representations.
b. The Proponent makes a material misrepresentation or omission or provides
materially inaccurate information.
c. The Proponent's acts or omissions constitute a substantial failure of
performance.
7. the Municipality in its sole discretion may extend the curation period outlined in
Article 6, if deemed appropriate in the circumstances.
DISPUTE RESOLUTION
8. The Parties will use reasonable efforts to find a satisfactory resolution to any
conflict regarding the interpretation or application of this Agreement.
9. The Parties will in good faith endeavour to resolve differences, conflicts or
disagreement through direct dialogue and discussion.
ROLES AND RESPONSIBILITIES
10. The approved grant funding amount of $__________ will be provided to the
Proponent by the Municipality following the Proponent's signature on this
Agreement, and the delivery of the signed Agreement to the Municipality, and
before _____________.
11. All references to monetary amounts in this Agreement or any Schedule shall
be to Canadian dollars.
12. The grant funding provided by the Municipality under this Agreement is to fund
up to 33% of eligible costs for the Project to maximum approved amount. The
Proponent must fund the remaining cost of the Project from other sources.
13. The Proponent will use the grant funding for eligible costs as detailed in
Schedule B to this Agreement, for the purpose of carrying out the Project as
detailed in Schedule A to this Agreement, and for no other purpose.
14. The Proponent will immediately notify and seek approval from the Municipality
in writing if it becomes aware of any significant changes in circumstances that
may affect the project timelines or scope.
15. The Proponent will be responsible for any costs incurred in carrying out the
project over and above the approved amount.
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16. The Project must be completed by the end date included in Schedule A (the
"End Date") unless otherwise agreed to in writing. If the Project may not be
completed by the End Date, the Proponent is responsible to notify the
Municipality at least one month prior to the End Date in writing. Rationale for
why the project will not be complete by the specified End Date must be
included in the notification.
17. The Proponent must submit to the Municipality a Project Closeout Report,
Statement of Expenditures (including invoices and proof of payment) and
confirmation of project outcomes achieved, as the Proponent identified in the
application, for approval within 60 days of the project end date. the Municipality
will provide the required reporting templates.
18. The Municipality will request Project Status Reports to monitor project status
and identify any risk to schedule, scope, or outcomes.
19. The Proponent will refund to the Municipality any unexpended portion of the
grant funding and any amounts expended for purposes other than for those
specified in this Agreement.
20. The Proponent shall, without limiting their obligation or liabilities and at the
Proponents' own expense, provide, maintain, and pay for, any and all
insurance, including that required under the Workers Compensation Board,
which it is required by law to carry, or which it considers necessary.
21. If the Proponent engages contractors or subcontractors for the purpose of
performing the Proponent's obligations under this Agreement, the Proponent
will ensure that it takes prudent and reasonable steps in selecting contractors
or subcontractors. The Proponent will ensure that contractors or
subcontractors engaged have appropriate commercial general liability
insurance, however, such insurance shall not be required by contractor or
subcontractors carrying out solely administrative tasks such as research,
inspection, or evaluation services.
22. Unless otherwise agreed to, the Proponent shall follow the intent of the Nova
Scotia Government Procurement Policy in awarding contracts.
23. Only with the written approval of the Municipality may the Proponent manage
the project with its own staff.
24. The Proponent cannot claim any portion of Provincial sales tax, goods and
services tax, or harmonized sales tax for which the Proponent is eligible for a
rebate, and any other costs eligible for rebates.
25. The Proponent will keep proper and accurate financial accounts and records,
including but not limited to its contracts, invoices, statements, receipts, and
vouchers, in respect of each Project it participates in for at least six (6) years
after the Agreement End Date and that the Province has the contractual right to
audit such accounts and records.
26. The Proponent will ensure all Municipal funding provided is only used for
eligible project costs as identified in Schedule B (Cost Eligibility).
27. The Proponent shall ensure that the Project is conducted in compliance with all
applicable laws.
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THE MUNICIPALITY
LA MUNICIP4ITE
OF THE COUNfY OF
DU COMTE DE
RICHMOND
Municipality of the County of Richmond - Capital Improvement and Development Policy
Page 20 of 21
INDEMNITY
28. The Proponent shall indemnify and hold harmless the Municipality, its Council,
employees, servants and agents from and against all damages, costs, losses,
expenses (including legal fees), claims, demands, actions, suits or other
proceedings of any kind or nature, in relation to the Project, which they, or any of
them, may at any time incur or sustain as a result of or arising directly or indirectly
and whether by reason of anything done or omitted to be done, as a result of
negligence or otherwise, from the performance of any default or delay in the
performance of the Proponent's obligations under this Agreement. Notwithstanding
the foregoing, the Proponent shall not be liable for any indirect or consequential
damages sustained by the Province of Nova Scotia.
29. The Municipality shall not be liable for any loan, capital lease or other long-term
obligation in relation to the Project.
CONFLICT OF INTEREST
30. The Proponent confirms and warrants that it will, for the duration of this Agreement,
avoid and immediately notify the Municipality of any interest, pecuniary or
otherwise, in any business matter that would put it in a real and/or apparent conflict
of interest. The Proponent shall immediately notify the Municipality, in writing
should any real and/or apparent conflict of interest arise that could have a direct
impact on the Municipal contribution to the Project.
AUTHORITY
31. The signatories of this Agreement personally warrant that they have the full power
and authority to enter into this Agreement on behalf of their respective principals
and that the person signing this Agreement on behalf of each has been properly
authorized and empowered. Each party further acknowledges that it has read the
Agreement, understands it, and agrees to be bound by it.
32. This Agreement (and any amendments) may be signed in several counterparts. A
copy of a signed counterpart may be delivered by fax, PDF email or other electronic
means which shows a reproduction of the signature, and the copy will be deemed
to be a signed original.
33. AII representations and obligations contained in this Agreement on the part of each
of the Parties expressly or by nature shall survive the early termination or expiration
of this Agreement until they are satisfied or until they expire by nature.
34. This Agreement must be signed and returned by __________, unless otherwise agreed to
in advance by the Municipality. Failure to do so may result in loss of grant funding.
On behalf of the Proponent, I accept and agree to the above Terms and Conditions for
project _____________, which was approved for up to 33% of total eligible costs
to maximum approved amount of $_________.00.
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THE MUNICIPALITY
LA MUNICIP4ITE
OF THE COUNfY OF
DU COMTE DE
RICHMOND
Municipality of the County of Richmond - Capital Improvement and Development Policy
Page 21 of 21
Name of Person Authorized:
_____________________________________________
To Sign:
_____________________________________________
Title:
_____________________________________________
Organization:
_____________________________________________
Phone:
_____________________________________________
Email:
_____________________________________________
__________________________
_________________________
Signature
Date
Please return a scan of signed Agreement form to the Municipality via the email:
[email protected]
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THE MUNICIPALITY
LA MUNICIP4ITE
OF THE COUNfY OF
DU COMTE DE
RICHMOND