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Municipal Service and Financing Agreement Application

What is a Municipal Service and Financing Agreement?

A Municipal Service and Financing Agreement (MSFA) — also known as a front-ending agreement — is an innovative finance tool that helps bring housing to market faster. These agreements let builders fund and construct roads, water and sewers upfront for housing projects, before the City’s fiscal capacity may allow. The City would then repay the funds as housing is built.

MSFAs are one of the 30 actions in the City’s Housing Affordability Strategy, designed to bring more housing that is affordable to Guelph over the next decade.

Pilot phase

We are currently running a pilot phase for MSFAs. These agreements are being considered as we explore tools to build infrastructure that will help bring more housing to Guelph.

The pilot phase will be open to one application, providing an opportunity for the City to learn what works best and fine tune its approach. Insights from the pilot phase will help the City decide if there will be a larger roll out of the program.

Before you start

Before you start your MSFA application, please review our MSFA policy and eligible costs. Please confirm that the project will meet the mandatory requirements and align with the guiding principles.

  • Provides at least 1,000 housing units in Guelph
  • Advances project by more than 3 years
  • Advancing the project must be fiscally viable and sustainable for the City.

Steps in the process

Are you a developer interested in submitting an application? Follow the steps below to apply for a Municipal Service and Financing Agreement.

Initial interest

Initial interest

Please engage with City staff as early as possible (e.g., during block planning or pre-consultation).

Initial application

Initial application

Submit your preliminary application to the City. To do so, fill out the Municipal Service and Financing Agreement application form and pay the initial application fee. You can email your application to the City’s Finance Department at [email protected].

Detailed application

Detailed application

In this step, you will submit detailed plans, cost estimates, and timelines. Please update the information in your Municipal Service Financing Agreement application form based on feedback from the initial application and pay the detailed application fee. You can send your updated application form to the City’s Finance Department by email at [email protected].

Once this is complete, you will create the Work Plan. The costs that are eligible and ineligible to recover through credits and reimbursements are listed below.

Eligible costs

  • Land (if it is required to be purchased to complete works);
  • Workplan, including detailed design;
  • Necessary studies required to complete the Workplan that the City would incur if the City developed the Work Plan;
  • Construction costs including bonding, insurance, and contract administration, based on the City’s project budget calculator;
  • Recovery of the 6% Workplan Review and Construction Monitoring Fee payable to City Engineering.

Ineligible costs

  • Indexing or interest of any kind;
  • Exploratory analysis/studies that is beyond reasonable of what the City would incur to develop a Work Plan;
  • Initial MSFA Application Fee;
  • Detailed MSFA Application Fee;
  • Cost of consultants for developing the agreements;
  • Cost of external legal counsel for developing the agreements;
  • Cost of providing security, e.g. letter of credit, other than labour and material payment bond and performance bond, which are listed as eligible;
  • Local Service Costs;
  • Temporary works; and
  • Works that are not usable by the City.
Legal and procurement

Procurement for developer-led projects:

For developer-led projects, a full public procurement process is not required. However, you must follow the Guiding Principles of the City’s Procurement Bylaw, including openness, fairness, and transparency.

When a competitive process is needed

If the total project cost exceeds $334,400 (not just the City’s share), you are expected to follow an open competitive procurement process. The contractor cannot subcontract 50 per cent or more of the work to a single subcontractor without the prior written approval of the City. Subcontracting does not relieve the Contractor of any obligations under an MSFA.

What developers need to submit

To ensure a competitive process was followed for projects costing more than $334,400, you must provide:

  • A copy of the tender or request for quotes (including scope of work, evaluation criteria and deadlines);
  • Proof that the process was open (for example, public posting, two arms’ length quotes, and/or disclosure of any non-arms’ length bidders);
  • A clear reason for selecting the winning bid (lowest bid is not required);
  • Reference checks and proof that the contractor can complete the work.

Conflict of interest rules

The contractor selected:

  • cannot have a conflict of interest (for example, goods or services provided by a Council member, City staff, or their family/associate)
  • cannot be an opposing party as defined in the City’s Procurement Bylaw.

City oversight and risk

The City has the right to review and approve:

  • Insurance coverage (City must be named as an additional insured)
  • Deductible limits
  • Procurement strategy and tender materials

You, as the developer, are responsible for any cost overruns. In some cases, the City may agree to changes through an addendum to the project agreement (MSFA).

Design and accessibility

All project designs must meet:

  • City engineering standards
  • Accessibility requirements under the Accessibility for Ontarians with Disabilities Act (AODA)
  • Environmental sustainability goals, where feasible.

Important notes

  • The MSFA must include a reservation provision in the agreement to allow the City to pause or cancel the procurement in the event of unforeseen circumstances or material changes.

The City’s internal review committee will confirm whether you, as the developer, followed a fair and open procurement process. For more details, visit the Bids and Tenders page on guelph.ca.

Repayment and project close-out

Repayment and project close-out

Once the project is complete, you will be repaid based on the repayments terms set in the MSFA.

Application fees

Below are the applicable fees prior to entering into an MSFA. The work plan review and construction monitoring fee is recoverable through credits and reimbursements under an MSFA.

  • Initial application fee: $1,500
  • Detailed application fee: Lesser of $20,000 or 1% of Cost of Work
  • External legal counsel: Cost recovery
  • External consulting: Cost recovery
  • Work plan review and construction monitoring fee: 6% of Cost of Work

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