SUPPORTS ITEM NO. 1 CS&B COMMITTEE AGENDA JUNE 29, 1995 POLICY REPORT FINANCE Date: June 14, 1995 Dept. File: GR.17.01 TO: Standing Committee on City Services and Budgets FROM: Directors of Social Planning, Legal Services and Finance, and the Manager of Facilities Development SUBJECT: City-Owned Cultural Facility Infrastructure Projects RECOMMENDATION A. THAT Council direct staff to enter into an agreement with the Province under the Canada/B.C. Infrastructure Works Program for funding to support renovation projects to City-owned cultural facilities operated by the Firehall Theatre Society and the Vancouver East Cultural Centre. B. THAT Council direct staff to enter into agreements with the non-profit societies which operate these City-owned facilities whereby the societies assume the City's responsibilities under the provincial agreements and upon other terms and conditions satisfactory to the Director of Legal Services. C. THAT Council approve a repayable grant of up to $241,000 to the Firehall Theatre Society and a repayable grant of up to $98,000 to the Vancouver East Cultural Centre to bridge finance the proposed renovations, with the source of funds to be Revenue Surplus. These grants are to be repaid with the proceeds from the Canada/B.C. Infrastructure Works Program. FURTHER THAT the Director of Finance be authorized to disburse the funds to the societies generally as discussed in this report. D. THAT Council direct staff to release the final $100,000 instalment of the 1991 Capital Grant to the Firehall Theatre Society, subject to the Society securing the necessary development approvals. CONSIDERATION Staff submits a choice between E and F for consideration, noting that it is normal policy to charge interest on loans for internal projects financed from Reserves or Special Funds. E. THAT Council forgive the interest loss to the City, estimated to be a total of $7,191 ($5,116 attributable to the Firehall Arts Centre project and $2,075 to the Vancouver East Cultural Centre project) during the term of the bridge financing of the Canada/B.C. Infra-structure Works Projects. OR F. THAT Council charge interest on the repayable grant to the societies estimated to be $7,191 ($5,116 attribut-able to the Firehall Arts Centre project and $2,075 to the Vancouver East Cultural Centre project) during the term of the bridge financing. GENERAL MANAGER'S COMMENTS The General Manager of Community Services RECOMMENDS approval of A, B and D and submits C and a choice between E and F for CONSIDERATION. Approval of C and E, both of which are grants, requires eight affirmative votes. COUNCIL POLICY On April 28, 1994, Council endorsed a list of soft infrastructure projects for City-owned facilities, including the Vancouver East Cultural Centre and the Firehall Arts Centre for submission to the Canada/B.C. Infrastructure Works Program. In 1991, Council provided a Capital Grant of $200,000 to the Firehall Theatre Society to assist in renovations and improve-ments to the theatre. The project was divided into two phases, and the first $100,000 instalment issued; the final $100,000 remains in the Capital Grant budget. The City has a lease agreement with the Firehall Theatre Society to occupy and operate the Old Firehall No. 2 at 280 East Cordova Street as an arts centre. The City has a lease agreement with the Vancouver East Cultural Centre to occupy and operate 1885 and 1895 Venables Street as a theatre and administrative offices. PURPOSE The purpose of this report is to seek Council's approval to: enter into legal agreements for funding from the Canada/B.C. Infrastructure Works Program to undertake renovations of two City-owned cultural facilities; enter into agreements with the non-profit societies which operate these City-owned facilities whereby the societies assume the City's responsibilities under the Provincial agreements and on other terms and conditions satisfactory to the Director of Legal Services; provide interim financing for the projects; and release the final instalment of a 1991 Capital Grant. BACKGROUND As property owner, the City submitted these two applications to the Infrastructure Program on behalf of the operating societies, the Firehall Arts Centre Society and the Vancouver East Cultural Centre Society, for renovations to these cultural facilities. In December of 1994, the Canada/B.C. Infrastructure Works Program announced grants for these projects as follows: Firehall Arts Centre - $211,836 towards a total project budget of $311,000 to upgrade the heating and ventilation system, improve access for persons with disabilities, improve public washroom facilities, provide flexible seating configurations, and upgrade the entry and box office area. Vancouver East Cultural Centre - $140,000 towards a total project budget of $210,000 to upgrade sound and lighting systems, replace the old boiler with an energy efficient furnace, install a "smart" phone system, exterior painting, and replace the theatre seats. In making the submission to the Infrastructure Program, Council did not commit any new funds to these projects. Both projects required at least one-third be contributed from "local share". Each project has differing sources for their "local share". The Firehall Arts Centre applied for and were granted a 1991 Capital Grant of $200,000, of which $100,000 was released and the final $100,000 remains unallocated. They are seeking the release of this outstanding 1991 Capital Grant. In their application, the Vancouver East Cultural Centre proposed to use their existing ticket surcharge fund and private sector fund raising to meet the "local share" of the project. Since the application was made, they have already secured a $50,000 grant from the Vancouver Foundation. The remaining $20,000 will need to be raised through a combination of ticket surcharges and further fund raising efforts. They have split the project into two phases, the second phase to commence in the summer of 1996 which provides a full year to complete the necessary fund raising. DISCUSSION Staff are seeking Council's direction on a series of steps which will facilitate the completion of these capital improvement projects. Both projects are scheduled to commence in May and plan to undertake the required work in the summer months to minimize the effect on the public of down time in the theatres. The Firehall project is proposed to be completed in September of 1995. The Vancouver East Cultural Centre has divided its project into two phases; the first to be completed this summer, and the second phase to be completed by September 1996. Legal Agreements The Province of British Columbia has agreed to provide the grants for the Firehall Arts Centre and the Vancouver East Cultural Centre provided the City agrees to enter into an agreement with the Province. This agreement provides for the City to ensure the funds are used for the projects and it also requires the City to agree to certain other matters with the most significant being to indemnify and save harmless the Province against all liability for the project. While it would have been preferable to have the societies enter into the agreements directly with the Province, because the City made the application as landowner, the City must be party to the agreement with the Province. Subject to Council's approval, staff will be preparing an agreement for the societies to assume all obligations of the City under the agree-ment with the Province. There is a risk that if the societies fail to fulfil these obligations, the City will have to fulfil these obligations directly to the Province. To minimize these risks and ensure compliance with the Provincial and City require-ments for the project, staff propose to keep close control of the societies' fulfilment of these obligations through the Project Management Process and the monitoring of the Release of Funds both as further detailed in this report. Project Management Process To ensure that this work on the City's buildings is carried out in a satisfactory manner, Facilities Management (Corporate Services) staff will establish a process to monitor the renova-tions and review the contract documentation and program draws without taking on the full project management as set out and agreed to in the Infrastructure Upgrade Agreements. Staff have previously provided similar services to non-profit organizations for projects funded by City grants. Release of Funds The Provincial agreement calls for a series of quarterly payments to the City for the agreed upon work on receipt of invoices for completed work. The Infrastructure Upgrade Agreement sets out a process and method of approvals prior to the City's release of funds to the society. On a quarterly basis, the Societies would submit invoices to the City for approval. The City would then submit the approved invoices to the Infrastructure Program for payment. When funds are received by the City, they would then be turned over to the Societies after any outstanding bridge financing is paid back to the City (see below). It is proposed that work commence as soon as the organizations' project budgets and schedules and construction contracts are approved by City staff. Interim Financing When Canada/B.C. Infrastructure Program submissions were made in May of 1994, eligible costs and payment schedules were not defined. Subsequently, the Program has clarified its process -- funds will not be released until work is completed, and interest charges on interim financing are only eligible to lock up. This does not serve renovation projects, and consequently, these two projects will have to absorb the cost of interim financing within the approved project budget. Further, because the Infrastructure funds are directed to the City and not the societies, they are not able to use them to secure interim funds from their financial institutions. Consequently, the societies have submitted requests to the City seeking the necessary bridge financing on infrastructure funds, without interest, during the term of the project. The Vancouver East Cultural Centre is planning their renovation in two phases. The first phase is scheduled to take place May - September 1995 and requires bridge financing of up to $25,534 as outlined in the attached cash flow projection (Appendix A). The bridge financing can be repaid quarterly with the receipt of the Infrastructure Program funds by September 1995. The second phase is scheduled for July - October, 1996 and will require bridge financing of up to $72,122. This can be repaid by December, 1996. The Firehall Arts Centre plan to complete their renovation by October 1995. They will require bridge financing of up to $240,754 which will be able to be repaid with funds from the Infrastructure Program by December, 1995. The Director of Finance proposes that the required bridge financing to the Vancouver East Cultural Centre and the Firehall Arts Centre could be provided in the form of a repayable grant, for up to a maximum of $98,000 to the Vancouver East Cultural Centre, and up to $241,000 for the Firehall Arts Centre. The source of funds for the repayable grant would be Revenue Surplus, to be repaid from the proceeds of the Canada/B.C. Infrastructure Program. The estimated cost to the City in approving these re-payable non-interest bearing grants is about $7,191 in foregone interest earnings. ENVIRONMENTAL IMPLICATIONS Both projects call for the replacement of inefficient heating and ventilation systems which will conserve energy. SOCIAL IMPLICATIONS Both theatres are important resources within the City as well as within their east-side neighbourhoods providing family and children/youth programming as well as employment opportunities. PERSONNEL IMPLICATIONS Administering these projects will require some staff time from Social Planning, Facility Development and Finance, which can be accommodated within existing workloads. CONCLUSION The implementation of renovation projects to the Firehall Arts Centre and Vancouver East Cultural Centre will enhance the City's civic cultural infrastructure with little or no financial implications for the City. Both facilities offer important programmes and employment opportunities and, with the proposed upgrades, will provide greatly improved venues and services for Vancouver's artists and audiences. * * * * *