2017-18 Low-Carbon Building Skills Partnership Fund

CALL FOR PROPOSALS AND APPLICATION GUIDE

Ministry of Advanced Education and Skills Development Program Delivery Support Branch 33 Bloor Street East, Suite 200 Toronto, ON M7A 2S3 CALL ISSUED: November 27, 2017 APPLICATION DEADLINE: 11:59pm (EST) Monday, January 15, 2018

TABLE OF CONTENTS

1. Overview…………………………………………………………………………………..3

2. Background ........................................................................................................... 3

3. Goals……………………………………………………………………………………….4

4. Alignment with Ontario’s Talent and Skills Agenda .......................................... 4

5. Low-Carbon Building Skills Partnership Fund Objectives ................................ 5

6. Application Process and Requirements ............................................................. 6

6.1 Eligibility .......................................................................................................... 6

6.2 Roles and Responsibilities ............................................................................ 8

6.3 Timelines/Schedule of Delivery ..................................................................... 9

6.4 Applicant Questions ....................................................................................... 9

6.5 Application Review and Assessment ............................................................ 9

6.6 Budgets and Accounting .............................................................................. 11

6.7 Reporting Requirements .............................................................................. 13

6.8 Payment Schedule ........................................................................................ 14

6.9 Application Instructions ............................................................................... 15

7. Definitions ........................................................................................................... 16

Low-Carbon Building Skills Partnership Fund - Application Guide 3

1. Overview

In support of Ontario’s Climate Change Action Plan, the Ministry of Advanced Education and Skills Development (MAESD) is advancing a strategy to strengthen training, workforce and technical capacity in low-carbon building skills. As part of this strategy, the Low-Carbon Building Skills Partnership Fund will seed innovative, sector-based partnerships to support green building skills development among employers, educators, labour organizations, community agencies, employment and training service providers, and other potential partners. All LCBS Partnership Fund projects must be completed by December 31, 2018. Agreements must be signed and activities started by March 31, 2018. The application is available online on the Employment Ontario Partners’ Gateway.

2. Background

On June 8, 2016, the Ministry of Environment and Climate Change (MOECC) released Ontario’s first five year Climate Change Action Plan (CCAP) for 2016-2020. This plan identifies government actions that build on the October 2015 Climate Change strategy. As a part of Ontario’s efforts to reduce Greenhouse Gas (GHG) emission, MAESD is advancing a strategy to strengthen training, workforce and technical capacity in low-carbon building skills.

Low-carbon building is the practice of designing, constructing, operating, maintaining, and removing buildings in ways that conserve natural resources and greenhouse gases. This approach is important for three reasons.

First, buildings affect land use, energy use, communities, and the indoor and outdoor environment. Using low-carbon building principles in buildings can reduce these impacts and also improve worker conditions and productivity, increase energy, water, and material efficiency, and reduce costs and risks.

Second, low-carbon buildings can be showcases to educate people about environmental issues, possible solutions, partnerships, creativity, and opportunities for reducing environmental impacts in our everyday lives.

Third, low-carbon buildings represent the application in one place of many of the sustainable concepts governments are working on such as environmental management systems, waste prevention and recycling, and green product purchases.

As per the August 10, 2017 announcement of the Low Carbon Building Skills strategy, in 2017-18 the government will invest $24 million in increasing Ontario’s capacity to train current and future workers in low-carbon building skills through the proceeds of the province’s carbon market and via multiple funding vehicles:

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LCBS Training Fund for Colleges and Universities which provides comprehensive research and engagement to determine the skills training and postsecondary education that Ontario needs to support low-carbon building

LCBS Training Fund for Non-college Training Delivery Agents (TDA) which provides TDAs financial support to acquire new equipment, develop materials, and increase capacity to train apprentices and students in low-carbon building skills

LCBS Partnership Fund to support the development of partnerships among employers, labour organizations, training providers, and others to develop solutions that support the CCAP

3. Goals

The goal of the LCBS Partnership Fund is to support Ontario’s CCAP commitment by helping organizations involved in the design, construction and maintenance of buildings to increase their current and future workers’ low-carbon building skills. These skills include the ability to:

understand interrelated building issues in order to provide building occupants with a more comfortable, safe, durable, and energy-efficient home,

install low-emission mechanical systems, including heating, cooling, ventilation, and air conditioning,

specify, install, and maintain furnaces, boilers, on-demand water heaters, geo-exchange systems, solar thermal systems, heat pumps, or

promote the use of high efficiency lighting technologies.1

These skills represent a starting place for moving forward. At the same time, in order to maximize strategic action in the Ontario context, the research and engagement stream of funding is focused on developing a more comprehensive picture of the current landscape and a shared understanding around low-carbon building needs among all stakeholders.

4. Alignment with Ontario’s Talent and Skills Agenda

In June 2016, the province received the Premier’s Highly Skilled Workforce (HSW) Expert Panel’s report Building the Workplace of Tomorrow: A Shared Responsibility. Budget 2017 highlighted the resulting HSW Strategy as being designed to ensure everyone “finds a place in an evolving economy that is becoming more technology-driven and knowledge-based every day.” The recommendations of the HSW Expert Panel have informed the government’s talent and skills agenda, which seeks to ensure that people of all abilities and backgrounds

1 Adapted from Building an Ontario Green Jobs Strategy: Ensuring the Climate Change Action Plan Creates Good Jobs Where They Are Needed Most, report released by Environmental Defense, Blue Green Canada, and the Clean Economy Alliance, April 2017

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can develop their talents, knowledge and skills to benefit from, and contribute to, an evolving economy. This includes a greater focus on partnership in workforce development, engaging employers, labour organizations, educators and other actors in the labour market around ensuring a highly skilled workforce that meets Ontario’s current and future needs. Budget 2017 also committed to working with key partners to identify opportunities to modernize the apprenticeship system, focusing on simplifying the experience for apprentices, enhancing access and awareness of apprenticeship as a career pathway, and increasing completions.

5. Low-Carbon Building Skills Partnership Fund Objectives

The Ministry is seeking applications for the Low-Carbon Building Skills Partnership Fund, up to a maximum of $100,000 per project. The objective of the LCBS Partnership Fund is to encourage the creation of broad industry-labour-community partnerships necessary to:

Address skills training issues (shortages, gaps) related to low-carbon building,

Support the development of innovative strategies to prepare for low-carbon building skills requirements, which can encourage new and emerging green building practices, and,

Generate greater awareness and collaboration around low carbon issues and opportunities in the design, construction and maintenance of buildings, through promotional information, engagement activities, and other initiatives.

EXAMPLE OF AN ACTIVITY THAT MIGHT BE SUPPORTED THROUGH THE LCBS PARTNERSHIP FUND: An employer organization might identify the problem of insufficient worker skill regarding the application of low-carbon principles in construction projects. As the lead applicant, the employer organization could partner with the local power provider and a training provider to develop a plan to increase the skills of their workers in low-carbon building modifications. The partnership may also develop a process for identifying and upgrading local buildings with low carbon technologies in the future.

Key Characteristics of the LCBS Partnership Fund

All LCBS Partnership Fund projects must involve a partnership of stakeholders who are interested in advancing and increasing their current and future workers’ low-carbon building skills. Solutions generated through multi-stakeholder partnerships are an important focus of the program.

The LCBS Partnership Fund supports applications that are project-based, and which are not dependent upon future funding. Individual projects must have defined start and finish dates, and not be part of any of the partner’s day-to-day operations.

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The amount contributed to each project will vary depending on the project. The LCBS Partnership Fund is a cost-sharing program where all partners are expected to demonstrate contributions to the project costs.

The LCBS Partnership Fund does not provide direct financial assistance to the expansion/development of a private enterprise or enterprises to reduce any possible claim of unfair competitive advantage.

The LCBS Partnership Fund Application contains 7 sections:

Section A: Project details and relevance,

Section B: Demonstration of need,

Section C: Partnership, stakeholder and community support,

Section D: Project management plan,

Section E: Organizational capacity and experience,

Section F: Outcomes and long-term impacts,

Section G: Budget. Projects may be funded up to a maximum of $100,000; however, individual grant amounts will vary from project to project depending upon the activities. All agreements must be signed and activities started by March 31, 2018. LCBS Partnership Fund projects must be completed December 31, 2018.

6. Application Process and Requirements

Organizations eligible for the LCBS Partnership Fund must submit the completed application form to the Ministry by the application deadline, 11:59pm (EST) Monday, January 15, 2018. Organizations can only submit one proposal per funding stream as the lead applicant. Organizations are encouraged to work together to submit the LCBS Partnership Fund Application and deliver the project. One organization will sign the agreement with the Ministry as the lead applicant. That organization must be a legal entity with the authority to enter into an agreement. 6.1 Eligibility

The following Ontario-based types of organizations are eligible to apply for funding:

Non-profit organizations or social agencies

Industry or trade associations

Employer organizations

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Employee organizations

Economic development organizations

Educational providers (private and public)

Local planning groups

Local employment planning councils

Charitable foundations

First Nations organizations

Métis organizations

Municipal governments

Unions The following organizations are not eligible to apply, but can be partners:

Employers

Private consultants

Other provincial government ministries, agencies or boards

Federal government departments or agencies A lead applicant can submit a maximum of one (1) LCBS Partnership Fund Application. In addition, the lead applicant can submit a maximum of one (1) application for each of the following streams:

Apprenticeship Enhancement Fund - LCBS Training Fund (for Colleges/Universities or non-college TDAs, whichever is applicable)

Course Resource and Professional Development (CRPD)/ Resource and Professional Development (RPD) - LCBS Training Fund (for Colleges/ Universities or non-college TDAs, whichever is applicable)

The lead applicant may also act a project partner on other LCBS Partnership Fund applications. A separate application is required for each stream. The lead applicant’s application must contain:

The name(s) of one or more Ontario-based partners who are in place at the application stage (the applicant, i.e. the lead organization and at least one more partner) all of which are expected to contribute financial or in-kind resources.

Information about the Ontario-based partners involved and a description of each partner’s role and contribution, whether that be time and/or resources (physical, financial or in-kind).

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A Letter of Commitment from each Ontario-based project partner describing their role and contribution to the project (financial or in-kind resources).

Letter(s) of Support from the community, sector or industry advocating or championing the concept of the proposal (maximum 3 letters)

Neither the lead applicant nor the partner organizations are permitted to act as project subcontractors; partners must not receive payment as a result of project funding. If the project is to take place in a unionized workplace, union representation is required.

6.2 Roles and Responsibilities

Role of the Ministry The role of the Ministry is to facilitate LCBS Partnership Fund projects by contributing funding and information about program requirements. To this end, the Ministry will:

Review and approve applications in accordance with the LCBS Partnership Fund Call for Proposals and Application Guide;

Confirm LCBS Partnership Fund projects through a letter from the Director of the Regional Office;

Release LCBS Partnership Funding to successful applicants upon signing of the agreement by both parties;

Administer the Agreement with the successful applicants against project activities and outcomes;

Collect and review reports and outcome data to evaluate the project;

Provide direction on reporting;

Conduct financial and activity monitors to ensure that the project Agreement is implemented as it was intended; and

Ensure successful applicant is in compliance with terms and conditions of the agreement and adheres to approved project management plan to meet project outcomes.

Role of the Successful Applicants The role of the successful applicants of the LCBS Partnership Fund project is to:

Oversee project activities to ensure completion by the agreement end date,

Ensure that objectives and outcomes stated in the agreement are being met, keep a record of progress and accomplishments to-date, and maintain accurate financial records to ensure that funding is being used for its intended purpose;

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Manage the agreement with the Ministry, submitting required reports and participating in monitoring and project evaluation.

6.3 Timelines/Schedule of Delivery

Event Date

Call for Proposals and Application Guidelines Issued November 27, 2017

Q&A Teleconference December 5, 2017

Deadline to e-mail questions for ministry response December 8, 2017

Ministry to issue official response to questions December 29, 2017

Applications Closing Date January 15, 2018

Applicants notified of the outcome of their submissions

February 5, 2018

Note: Amendments to the timelines may be made at the discretion of MAESD.

6.4 Applicant Questions

The Ministry will conduct a teleconference with all interested proponents and address any questions about the LCBS Partnership Fund on Friday December 5, 2017. Proponents may also submit questions via email to LCBS.PF@ontario.ca from November 27, 2017 to 11:59pm December 8, 2017. In order to ensure consistent and accurate information is provided, formal responses to both the teleconference and emailed questions will be posted online at Employment Ontario Partners' Gateway on December 29, 2017. Only questions received at the above email address will be considered an official submission; please do not submit questions directly to Ministry staff.

6.5 Application Review and Assessment

The objective of the assessment process is for the Ministry to select applicants’ projects in a manner that is fair, transparent and well documented. The Ministry will establish an Assessment Committee to complete the assessment using prescribed steps in order to ensure the above-listed principles are met for the assessment of each application. The assessment process will include three stages: Stage 1: Application Screening The Ministry will screen applicants for the following standard eligibility requirements:

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The application must be received by 11:59pm (EST) Monday, January 15, 2018

The applicant is one of the eligible organizations outlined in Section 6.1Eligibility

The application package includes:

o A completed Application Form

o A Letter of Commitment from each of the Ontario-based project partners

o Letter(s) of Support from the community, sector, or industry (maximum 3 letters)

o A Project Management Plan

Applicants eliminated at this stage will be notified of that fact.

Stage 2: Evaluation The applications will be assessed and selected based on the evaluation criteria listed below:

Criteria Weighting

Section A: Project Details and Relevance

Detailed description of the proposed project including a description of the issues to be addressed and relevance of project objectives to the Goals and Objectives of the Low-Carbon Building Skills Partnership Fund.

20

Section B: Demonstration of Need

Description of the supporting evidence used to formulate your project’s activities and objectives.

15

Section C: Partnership/Community and Stakeholder Support

Description and evidence of engaged and committed Ontario-based project partners and community, sector or industry support.

20

Section D: Project Management Plan

Detailed project management plan, including project deliverables, explanation of all the steps required to complete the project, a timeline that clearly indicates the key milestones.

15

Section E: Organizational Capacity and Experience

Description of your organization’s governance model; Description of how your organization’s capacity and experience (skills, knowledge and resources) will ensure the success of the project.

5

Section F: Outcomes and Long-Term Impacts 15

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Description of the long-term impacts the project’s activities and outcomes has on Ontario’s efforts to strengthen training, workforce and technical capacity in low-carbon building skills and further reduce GHG emissions.

Section G: Budget

Project costs that align with proposed activities. 10

Stage 3: Notification of Successful Applicants Applications will be ranked based on score, and successful applicants will be invited to enter into an agreement with the Ministry. All applicants will be notified of the Ministry’s decisions. In order for the Ministry to set up payment schedules, upon notification from the Ministry, successful applicants will be required to provide the following supporting documents (in PDF format):

Your organization’s Certificate of Insurance

A void cheque along with a completed Electronic Funds Transfer Form

Articles of Incorporation or Letters Patent (if applicable)

Late submission of these documents may delay the start of the Agreement. It is anticipated that applicants will be notified of the outcome of their submission by February 5, 2018 with successful projects to start before March 31, 2018. All LCBS Partnership Fund projects must be completed by December 31, 2018.

6.6 Budgets and Accounting

Projects may be funded up to a maximum of $100,000; however, individual grant amounts will vary from project to project depending upon the activities. Projects may involve the retention of a consultant(s) to assist in the achievement of LCBS Partnership Fund project objectives. Some examples where the use of professional service fees is appropriate include:

Conducting a survey to determine skills requirements of employers, skills availability and low-carbon building skills training required;

Contracting with an experienced Human Resource Consulting Group to develop a community human resource plan to address low-carbon building skills deficit.

All goods and services must be acquired though a fair and transparent process that promotes best value for money. Applicants should also be aware that the

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Ministry will not reimburse any expenditure that occurs outside of the project period. Project financials will be monitored, to ensure funds are being spent as agreed to and that there are processes in place with respect to Generally Accepted Accounting Principles.

Ministry funds cannot be used for the capital purchases such as buildings, machinery and vehicles. Computers and computer software valued at less than $1,000 at time of purchase may be considered eligible. A rationale for these purchases must be provided.

Final Ministry funding will be determined by the Ministry upon review of the proposed project activities. Audit Requirements All projects totaling $100,000 are required to submit a final detailed statement of revenue and expenditure report that has been independently audited, in accordance with generally accepted Canadian audit standards. Examples of Eligible and Ineligible Expenditures

Eligible expenditures shall be claimed to the extent that they are reasonable and are within the intent of the project agreement. Such expenditures are actual cash outlays that can be documented through invoices or receipts. Evidence of payment must be maintained for audit purposes. The Ministry will have the final word in determining expenditure eligibility and valuation.

Eligible expenditures are directly related to the development and delivery of the approved project which include:

Administrative costs incurred; this includes such things as payroll and Human Resource administration, insurance, use of common resources, space or facilities, the provision of data collection, and financial tracking and reporting for the project.

Legal costs specifically related to entering into an agreement with the Ministry. No other legal fees shall be eligible.

Honoraria to professionals (e.g., Elders, guest speakers, etc.)

Furniture

Salaries and Wages: Direct salaries and wages, including reasonable benefits, of staff directly employed on the project and in proportion to the amount of time spent working directly on the project. The Applicant is required to maintain timesheets or appropriate records for all employees

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working directly on the project to verify time spent on project work and to verify expenditures for audit purposes.

Consultants/ Contractors: Costs related to work performed by companies or individuals that contribute to the project under contract are normally eligible.

Consulting or other services directly related to the project must be charged at fair market value or less. Satisfactory evidence demonstrating that the services do not exceed fair market value may be required.

Professional Fees: Fees directly related to and required for the management of the project or to conduct the work of the project may be eligible. Evidence or a contract may be required. Costs must not exceed fair market value.

Ineligible Expenditures

Ineligible expenditures are not directly related to the development and delivery of the approved project and include:

Core organization costs or core institutional programming

Curriculum development

Initiatives that are already fully funded

Supplies or equipment not directly related to the delivery of the project

Legal costs (other than those described under Eligible Expenditures)

Debt reduction costs

Indirect and fixed expenditures which are not directly attributable to project activities.

6.7 Reporting Requirements

The successful applicants will be subject to reporting requirements on its project. Activity and financial reports will provide the Ministry with the opportunity to determine how effectively the agreement recipient is completing the Project as outlined in their signed agreement with the Ministry. The overall success of the Project will be determined through ongoing monitoring, submission of reports and completion of risk assessment(s) if necessary. All applicants that receive funding under the LCBS Partnership Fund must submit the reports stipulated in the agreement. The organization’s Senior Financial Officer will also be required to verify that the appropriate internal approvals were received for the project expenditures.

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Key Project Reports Successful applicants will be required to complete and submit the following reports according to the reporting schedules stipulated in the Agreement. These report templates will be provided by the Ministry.

Payment Claim and Activity Reports

Interim Project Progress Report

Project Final Report

Statement of Revenue and Expenditure Report (SRER)

Auditor’s Report (where applicable) The Ministry may request additional reports from time to time.

6.8 Payment Schedule

Organizations approved for the LCBS Partnership Fund will receive written confirmation of approval and will be required to enter into a written agreement with the Ministry prior to receiving any funding or commencing any portion of their project. The Ministry will release LCBS Partnership Funding according to the terms of the Agreement signed by both parties. All costs and expenditures for approved projects must occur as per the approved project management plan, after the start date and before the end date captured in the Agreement. The Ministry reserves the right to adjust the payment schedule if the project progress does not conform with the schedules in the agreement.

Payment Schedule

Payment Type Payment Requirements

Initial Payment Upon receipt and review of the following:

Signed Transfer Payment Agreement

Certificate of Insurance

Void cheque and completed Electronic Funds Transfer Form

Articles of Incorporation or Letters Patent (if applicable)

Progress Payments Upon receipt and verification of Payment Claim and Activity Reports.

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Actual project expenditures will be reimbursed only when the Ministry is satisfied with the progress of the project and the verification/reconciliation of the amounts claimed.

Final Payment The Ministry will hold back 10% of the total project budget pending satisfaction of the payment requirements

Upon receipt and review of the following:

Project Final Report

Statement of Revenue and Expenditure Report (SRER)

Auditor’s Report (if required)

6.9 Application Instructions

Applicants must submit a signed copy of the LCBS Partnership Fund Application Form along with all supporting documentation. The application form will be made available as a fillable PDF document. All sections of the application form must be completed. The application must be signed by a person with authority to bind the Applicant. All supporting evidence must accompany applications and will not be accepted after the closing date. While supporting documentation is required, do not include supplementary material (marketing and equipment brochures etc.). Send submissions electronically via email to LCBS.PF@ontario.ca The file name for the application and all additional documents should be in the following format: LCBS Partnership Fund_[insert Lead Applicant Name]_[insert document name, i.e. application, project management plan, letter(s) of support etc.] The subject line of the email should read: LCBS Partnership Fund_[insert Lead Applicant Name]. Hard copy applications and supporting documents will not be accepted. All applications must be received by no later than 11:59pm (EST) on Monday, January 15, 2018.

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NOTE: The Ministry of Advanced Education and Skills Development is subject to the Freedom of Information and Protection of Privacy Act. Any information submitted in confidence should be clearly marked.

7. Definitions

The following terms have meanings assigned in the Low-Carbon Building Skills Partnership Fund Call for Proposal and Application Guide. “Applicant” means the lead organization applying for consideration to undertake the activities described in the Low-Carbon Building Skills Partnership Fund Call for Proposal and Application Guide. “Industries and Sectors” are categories used to classify all businesses and organizations, as defined by the North American Industrial Classification System (NAICS). Information about NAICS is available online.

“Industries” are groups of companies and enterprises engaged in the same type of activities related to production or delivery of services. Examples include non-residential building construction (NAICS 2362), and architectural, engineering and related services (NAICS 5413). “Sectors” are groups of industries defined by broadly similar activities; using the previous examples these would include construction (NAICS 23), and professional, scientific and technical services (NAICS 54).

“In-kind contributions” are the contribution of goods, services, labour or fixed assets that would otherwise have been provided and paid for to execute the project and are necessary for its success. All goods and services shall be valued at cost to the contributing partner, and shall not include any mark-up nor exceed market value. The following are not considered as in-kind contributions/expenditures:

Donations in the form of goodwill and other such intangibles

Opportunity costs

Standard discounts

Interest charges

Any items or services not directly related to the project. “Labour market” means a defined geographic area in which workers offer their skills, experience, and knowledge to employers in exchange for wages and benefits. “Legal entity” means an individual, a sole proprietorship, a corporation, a partnership, a joint venture, or another legally recognized entity, that conducts business in the province of Ontario.

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“Partnership” means a relationship where two or more parties, having compatible goals, have an arrangement to work, share the risk, and share the results or proceeds. Partnership implies the sharing of decision making, risks, power, benefits, and burdens. It should add value to each partner’s respective services, products or situations. “Response” means all the documentation submitted by the Applicant in response to the Call for Proposals (CFP). “Stakeholder” means somebody or something with direct interest: a person or group with a direct interest, involvement or investment in something; individuals or groups that are affected by a decision and have an interest in its outcome. “Successful Applicant” means an organization that has entered into an agreement with the Ministry to undertake the project described in the Low-Carbon Building Skills Partnership Fund Call for Proposal and Application Guide. Ownership of Proposals (Applications) All responses submitted to the Ministry become the property of the Ministry. They will be received and held in confidence by the Province, subject to the provisions of the FIPPA. Intellectual Property

A. Ownership of Products. A Successful Applicant shall own the products.

B. Successful Applicant’s Grant of Licence. Subject to section C, a Successful Applicant grants, to all organizations who have entered, or will enter, into an agreement with the Ministry to carry out a project under the Low-Carbon Building Skills Partnership Fund, or a successor Government of Ontario program, a world-wide, non-exclusive, royalty free, licence to use, modify, reproduce and distribute, in any form, the products.

C. Limitation on Licence. The licence is applicable solely for the purpose of an organization carrying out a project under the Low-Carbon Building Skills Partnership Fund, or a successor Government of Ontario program, and cannot be used for any other purpose.

D. Representation and Warranty. A Successful Applicant represents and warrants that the grant of licences pursuant to section B shall not infringe or induce the infringement of any third party intellectual property rights.

E. Acceptance of Terms of Licence. If at any time, a Successful Applicant is granted a licence for other products pursuant to an agreement with the Ministry and another organization to carry out a project under the Low-Carbon Building Skills Partnership Fund, or a successor Government of Ontario program, a Successful Applicant acknowledges and agrees:

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a) that the licence for the other products is solely applicable for the purpose of a Successful Applicant carrying out the project or a subsequent project under the Low-Carbon Building Skills Partnership Fund, or a successor Government of Ontario program;

b) the licence expires on the day that a Successful Applicant does not hold a valid agreement with the Ministry to carry out a project under the Low-Carbon Building Skills Partnership Fund, or a successor Government of Ontario program; and

c) to immediately cease using, modifying, reproducing or distributing the other products upon the expiry of the licence.

Accessibility Considerations A Successful Applicant is responsible for ensuring that its facilities are accessible to persons with disabilities, and that it is in compliance with all applicable federal, provincial and municipal statutes and codes. Collection and Use of Personal Information Applicants are solely responsible for familiarizing themselves, and ensuring that they comply, with the laws applicable to the collection and dissemination of personal information, including resumes and other personal information concerning employees of the service providers or other collaborators. If this CFP requires Applicants to provide the Ministry with personal information of employees who have been included as resources in response to this CFP, Applicants will ensure that they have obtained written consent from each of those employees before forwarding such personal information to the Ministry. Such written consents are to specify that the personal information may be forwarded to the Ministry for the purpose of responding to this CFP and use by the Ministry for the purposes set out in the CFP. The Ministry may, at any time, request the original consents or copies of the original consents from Applicants, and upon such request being made, Applicants will immediately supply such original’s or copies to the Ministry. Freedom of Information and Protection of Privacy Act (FIPPA) FIPPA applies to information in the custody or under the control of the Ministry. Any information provided by an Applicant can be subject to an access request. An Applicant should identify any information in its proposal or any accompanying documentation that is supplied in confidence for which confidentiality is to be maintained by the Ministry. The confidentiality of such information will be maintained by the Ministry except as otherwise required by law or by order of a court, tribunal, or the Information and Privacy Commissioner. Applicants are advised that their proposals will, as necessary, be shared on a confidential basis, with the Ministry’s advisers retained for the purpose of evaluating or participating in the evaluation of their proposals.

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Media Communications Organizations may not at any time directly or indirectly communicate with the media in relation to this proposal application, the awarding of the same, or any resulting agreement(s) without the consent of the Ministry and then only in coordination with the Ministry. Visual Identity and Communications All projects must comply with the Visual Identity and Communications Guidelines for Employment Ontario Service Providers, which may be amended from time to time at the sole discretion of the Ministry, available on the Employment Ontario Partners' Gateway web site. Prohibited Communications Applicants must not attempt to communicate directly or indirectly with any representatives of the Province, including the assessment committee about the project described in this CFP, other than through the Teleconference and Questions and Answers processes described in this document. Negotiation of Agreement This CFP is not an agreement to purchase goods or services. The Ministry is not bound to enter into an Agreement with any Applicant. Applications will be assessed in light of the evaluation criteria. Notice in writing to an Applicant that it has been identified as a Successful Applicant and the subsequent full execution of a written Agreement will constitute an Agreement to execute the Project described therein. Conflict of Interest Each Applicant must declare whether it has an actual, perceived or potential Conflict of Interest. If, at the sole and absolute discretion of the Ministry, the Applicant is found to be in a Conflict of Interest, the Ministry may, in addition to any other remedies available at law or in equity, disqualify the response submitted by the Applicant. The Applicant, by submitting the response, warrants that to its best knowledge and belief no actual or potential Conflict of Interest exists with respect to the submission of the response or fulfilment of the contemplated agreement. Where the Ministry discovers an Applicant’s failure to disclose all actual, perceived or potential Conflicts of Interest, the Ministry may disqualify the Applicant or terminate any agreement awarded to that Applicant pursuant to this CFP process.

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Performance Management The Successful Applicant (s) will be subject to performance management of its project(s), expenditures and reports by the Ministry as set out in the signed agreement, to determine how effectively the Successful Applicant (s) is (are) meeting the agreement requirements. The overall success of the project will be determined through ongoing monitoring, submission of reports and completion of risk assessment(s) if necessary.