2017/18 PARTNER 4 GROWTH PROGRAM

Terms and Conditions 

1)     Purpose of the Program:
a)      The purpose of the program is to identify and pursue rural economic development opportunities based on community or regional strategic advantages which will assist communities and regions to strengthen or diversify economic activity.
 
2)     Definitions:
a)      Agreement is a conditional funding agreement between the Province of Manitoba and a Participant to develop and implement an economic stimulus project which matches the purpose of the Program within a prescribed time frame.
b)     Applicant is any entity who submits an application form for consideration.
c)      Participating Partners are community or non-profit entities that contribute financial or in-kind support to the project, but cannot be an individual, for-profit enterprise, nor a government funded research station, agency or institution. 
d)     Capital Items are any tangible assets that an organization uses to produce goods or services such as infrastructure, equipment and machinery.
e)     Community(ies) is an entity or entities as recognized under The Northern Affairs Act, a municipal authority as recognized under The Municipal Act or First Nations Councils outside the city of Winnipeg.
f)       Fiscal year is April 1st to March 31st.
g)      Minister means the Minister of Indigenous and Municipal Relations or his/her authorized representatives.
h)     Non-Profit Entity is an organization that does not distribute its surplus funds to owners or shareholders, but instead uses them to help pursue its goals.
i)       Participant is an Applicant which has been selected by the Province of Manitoba to receive funds and has subsequently signed an Agreement.
j)       Program Administrator means Manitoba Indigenous and Municipal Relations.
k)      Program means the Partner 4 Growth Program.
l)       Project Application Date is established by the Program Administrator upon receipt of an application that the Program Administrator deems to be complete.
m)    Project Property means any documentation that could be protected by copyright, any new or useful art or discovery or process or machine or device, any manufacture or composition of matter or new technique, whether or not a patent has been or could be granted, any computer program with its documentation and including its source and object codes, any industrial design or trade-mark, and all technology, data, information, and associated knowledge created, purchased, constructed, obtained, or developed by the applicant in completing the project.
 
3)     Program Objectives and Financial Support:
a)      The objective of the Program is to provide support to communities and regions:
                           i.          to identify strategic economic opportunities, through the Regional Economic Analysis Process (REAP), the First Impressions Community Exchange (FICE) or other processes.
                          ii.          to investigate the feasibility of economic opportunities.
                         iii.          to implement activities that lead to the realization of the identified economic opportunities. 
b)     Priority will be given to projects that align with the goals of a regional strategic plan and which most directly impact the economic growth outcomes of that plan. 
c)      A maximum contribution of up to $10,000 will be available for projects pertaining to the identification or to investigate the feasibility of economic opportunities on a 50/50 cost shared basis. A maximum contribution of up to $25,000 will be available for projects pertaining to activities that lead to the realization of identified economic opportunities on a 50/50 cost shared basis. A maximum contribution of up to $75,000 will be available for projects pertaining to activities that are multi-regional or provincially-scoped on a 25/75 cost shared basis with 25% Participating Partners funding matched with 75% of program funding.
d)     Participating Partners 50% matching contributions may be a combination of in-kind and cash. In-kind contributions cannot exceed 50% of the matching contribution from the Participating Partners.  
e)     Participating Partners 25% matching contributions must be in cash.
f)       Total provincial and federal government funding cannot exceed 75% of the total project costs.
 
4)     Eligible Applicants:
a)      An Eligible Applicant is a Community or Non-Profit Entity but not an individual, for-profit enterprise, nor a government funded research station, agency or institution.
b)     Projects must be of a regional nature and must impact more than one local government geographic area. Newly amalgamated municipalities are eligible to apply as proposed project will be perceived as being regional in nature.
 
5)     Eligible Activities: 
a)      An Applicant may apply for funding for any activity which has been undertaken for the purposes identified in Section 1 above.
b)     All activities and payment for goods and services must be completed by March 1st, 2018.
 
6)     Application:
a)      The Applicant is required to submit a completed application form as prescribed by the Program Administrator.
b)     All applications must include a letter of written support from the Applicant and Participating Partners detailing the cash and in-kind levels of support. 
c)      All applications must also include written support from the local government bodies (e.g. Municipalities, Towns, First Nation) which are within the geographic area defined in the application.
d)     Applications for projects that are multi-regional or provincially-scoped must include a letter of written support from the Association of Manitoba Municipalities.
e)     The application form must be submitted by a properly authorized person. If the person who submits the application is not properly authorized to do so, they will be held personally liable. Proof of authorization may be required by the Program Administrator.
f)       The Program Administrator shall review each application, and may request additional information, clarification and/or amendments to the Application.
g)      An Applicant may submit multiple applications for separate and distinct projects.
 
7)     Agreement:
a)      Manitoba Indigenous and Municipal Relations will review all of the applications received by the intake deadline.  Applicants will be notified by the Program Administrator regarding the decision.
b)     If selected, the Applicant shall be required to sign an Agreement as prescribed by the Program Administrator within 10 days of date of the letter of notification; in order to become a Participant.
c)      The Agreement must be signed by a properly authorized person. If the person who signs is not properly authorized to do so, that person will be held personally liable. Proof of authorization may be required by the Program Administrator.
d)     The Participant agrees to participate in public announcements regarding funding of their project. The development of communications plans, products and activities for the project must be reviewed and approved by the Program Administrator.
e)     Any changes to the Agreement initiated by the Participant must be authorized by the Program Administrator.
 
8)     Eligible Expenses include:
a)      Labour;
b)     Materials;
c)      Operational costs of equipment;
d)     Documented and/or receipted administration costs not associated with the execution of the regular activities of the Participant;
e)     Hospitality and travel expenditures within Province of Manitoba Guidelines associated with the hosting of events;
f)       Marketing and promotional materials related to future planned projects;
g)      Rental or lease of facilities, equipment and/or machinery;
h)     Any other expenditure including capital items which, at the discretion of the Program Administrator, is deemed to be eligible.
i)       All eligible costs must be incurred on or before March 1st, 2018.
 
9)     Ineligible expenses include:
a)      Administrative and staffing costs associated with the execution of the regular activities of the Participant;
b)     Capital items that are not integral to the project;
c)      Cost of financing a commercial operation;
d)     Good and Services Tax, value-added taxes, or other items for which a refund or rebate is eligible to be received by the Participant;
e)     Hospitality and travel expenditures beyond Province of Manitoba guidelines or gifts associated with the hosting of events;
f)       Out of province travel expenditures;
g)      Profit;
h)     Any other expenditure which, at the discretion of the Program Administrator, is deemed to be ineligible.
i)       The Program Administrator may specify a maximum eligible payment for labour, equipment use, and goods.
j)       The Applicant and Participating Partners are and will remain liable for any ineligible costs or costs that exceed the limits identified above.
 
10)   Payments:
a)      Advance payments of 75% of the total approved provincial contribution will be issued upon project approval.
b)     The Participating Partner will receive the 25% or remaining balance upon receipt of an approved final report.
c)      Repayment of the advance issued, or a portion thereof will be required by the Participating Partner if final project report does not document sufficient eligible expenses.
d)     Invoices for eligible costs should be submitted and clearly state the project number as well as be signed by the Participant. 
e)     Payments cannot be deferred to a subsequent Fiscal Year.
f)       The contribution shall be used to cover the Eligible Costs related to the Agreement.
g)      Payments are limited to actual costs incurred.
 
11)  Final Report:
a)      The Participant agrees to submit a final report within 45 days of project completion or by March 15th, 2018. The final report, including financial statements and outcomes achieved, shall be in a form as prescribed by the Program Administrator.
b)     Final program payment will be paid upon receipt and acceptance of the final report and supporting documents by the Program Administrator.
 
12)  Termination of the Program:
The Program shall terminate, without prior notice, if:
a)      the Government of the Province of Manitoba determines that the Program should not continue; or
b)     there are insufficient funds to continue the Program as contemplated.
 
13)  Verification and Declarations:
a)      The Participant agrees to supply the Program Administrator with all documentation or information required to verify and administer the Program.
b)     The Participant shall establish and maintain such accounting and other records as are necessary for the proper financial management of the Agreement, in accordance with generally accepted accounting principles.
c)      The Program Administrator may verify any information submitted to the Program through audits.
d)     The Program Administrator may, at any reasonable time, require an evaluation and audit to determine the effectiveness of the Agreement.
e)     The Participant shall be at all times solely responsible for and shall save harmless and indemnify the Province of Manitoba and its appointed representatives against any claims, liabilities and demands with respect to any injury or death to persons, damage or loss to property, economic loss or infringement of rights caused by, or related to the performance of any activity undertaken during the performance of the Agreement.
 
14)  Waiver of Liability:
The Participant acknowledges that neither the Province of Manitoba nor its representatives(s) nor any of them, are liable to the Participant, the Participant's heirs, administrators and assigns for personal injury, property damage, or any other damage, injury, claim or loss whatsoever arising out of this Program and the Participants participation in it.
 
15)  Refunds/Overpayments:
If it is determined by the Program Administrator that a payment in contravention of these Terms and Conditions and/or the laws of the Province of Manitoba or Canada, has been received by the Participant, such payment will be considered to be a debt owing by the Participant to the Province of Manitoba or its representative(s). The Participant agrees to refund such payment to the Province of Manitoba or its representative(s) within thirty (30) days of notice being provided to them.
 
16)  False or Misleading Information:
Any Participant who provides false or misleading information to the Program Administrator may forego all Program payments, and be liable to repay all Program payments they have received and may be subject to prosecution.
 
17)  Ownership of Project Property
a)      Project Property created by the applicant under the Program shall remain with the applicant regardless of whether:
                                     i.          the project is completed;
                                    ii.          the project is terminated in accordance with its terms; or
                                   iii.          the applicant ceases to carry-out or terminates the project prior to its completion date,
b)     The applicant acknowledges and hereby grants to the Government of Manitoba an irrevocable and perpetual right and license, without charge or compensation, to make use of the Project Property, or any part thereof, as either of them deem necessary for non-commercial purposes, including (without limitation) the right to publish and distribute such Project Property in any form or medium within the public domains as they may choose, (“License Grant”).
c)      If there are any special provisions regarding the confidentiality of the Project Property or pertaining to the License Grant, then they must be agreed to by the Government of Manitoba, in advance, in writing as part of the application approval process.
d)     In addition, where in the opinion of the Government of Manitoba, the applicant has:
                                     i.          ceased to exist (other than a sale of all or substantially all of the applicant’s assets to a third-party);
                                    ii.          demonstrated that it does not have the capacity to commercialize the Project Property; or
                                   iii.          does not possess legally protected Project Property from the project,
then, at the Government of Manitoba’s option and upon written notice to the applicant, the License Grant provided above shall include the right of the Government of Canada and the Government of Manitoba to exercise the License Grant for commercial purposes as well, as they may determine, in their discretion.
 
18)  Ministerial Discretion:
The Minister has the absolute discretion to determine any payments under this Program notwithstanding the Program Terms and Conditions.