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Home My WebLink AboutKIN 94 044 Agmt -PW Garage Add · . · · . . THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1994-44 A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE MINISTER OF MUNICIPAL AFFAIRS UNDER THE CANADA/ONTARIO INFRASTRUCTURE WORKS PROGRAM FOR AN ADDITION TO THE KINCARDINE PUBLIC WORKS GARAGE. WHEREAS the Council for The Corporation of the Town of Kincardine deems it advisable to enter into an agreement with the Minister of Municipal Affairs for a grant under the Canada/Ontario Infrastructure Works Program for an addition to the Kincardine public works garage; NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. That The Corporation of the Town of Kincardine enter into an agreement with the Minister of Municipal Affairs for a grant under the Canada/Ontario Infrastructure Works Program for an addition to the Kincardine public works garage. 2. That the mayor and clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the agreement with the Minister of Municipal Affairs which is attached to this by-law and to affix the Town's Corporate seal as and when required. 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "Public Works Garage Addition Infrastructure Grant Agreement By-law". READ a FIRST and SECOND time this 7th day of July, 1994. READ a THIRD time and FINALLY PASSED this 21st day of July, 1994. ~~ Mayor Clerk ~ ..,...._~ .. ,s- ~ :- ~ . . . JIII.I , CJ:PAL J: 'l'RUC'l'UR THIS AGRBEHEHT made this 15th day of June, 1994. BB'l'WBBØ: HER MAJESTY THE QUEEN, in right of the Province of ontario as represented by the Minister of Municipal Affairs, referred to below as the "Province", :DID: THE CORPORATION OF THE TOWN OF KINCARDJ:NE referred to below as the "Municipality", WHEREAS on January 24, 1994, the Province and Canada entered into the Canada-Ontario Infrastructure Program Agreement, which is appended to this Agreement as Schedule "A"i :DID WHBREAS Canada and the Province are committed to the renewal and enhancement of'Canada's physical infrastructure; :DID WRWV~A it is agreed that Canada and the Province should invest in the renewal and enhancement of infrastructure at the local community level; !, !.. ~ . . -'-' , .,""', I '-" VI' ...;",,-,,-1.:. r-t-1I.;U:. .1::J1!Jc::. \S"'~ ~? _:' - COUNTY OF BRUCE HIGHWAYS Box 39B, 30 Park Stre.t, Walk.,lon, Ontario. NOG 2VO. B.R. Kno", County Engineer reI. (519) 881-2400 Fax (519) 881·1619 · ~~b} =~ ~}!><5 ~i1. <~. .11/ J~-.2-'-"~'¡;¿~'" June 30, 1994 Town of Kincardine, 707 Queen street, Kincardine, Onto .N:.! Z IZ9 Attention: Laura Haight Deputy Clerk Dear Laurl!'l R.e: Access Road Under Huron TerracQ Bridaa · As :r mentioned to you before we have no objection in principal to the construction of a haul route between the north pier and abutment of the Huron Terrace Bridge. However, as I indicated previously our primary conoern regarding this proposed haul route is the forces that may be applied to the north side of the pier. In my opinion some material should be removed from the north side of the pier which would also improve the approach onto the dock. To alleviate our concerns regarding this matter, we would require a letter trom Mr. Ken Dunn of B. M. ROBS & Associates advising us whether or not this proposal would have any adverse affect on the pier of the bridge. We trust that no excavation will occur until we have the results ot Mr. Dunn's investigation assuming of course, that his report is favourable. - . With regard to the bridge the details could the end ot this project. bridge drains and restoration under the be attended to at an on site meeting near · Yours truly, ~ ..ð'dff AB/pb Allan Bell ENG:rNEER:rNG TECHN:rC:rAN '. _. - 2 - ABD WBBRBA8 Canada and the Province agree that sound 4It investments in infrastructure can promote a competitive and productive economy, generate valuable short and long-term employment and accelerate economic recoverYi ABD WBBRBAS the Municipality is also committed to working toward this shared goal of investing to improve public infrastructure and the creation of employmenti ABD ~BAS the Municipality, by By-law /qq~-1jf, dated :Jí-lL.Ý .,t 1 ,1994 and appended hereto as Schedule "B" authorizes the Mayor, Reeve, Warden or Chair and the Clerk to 41 enter into this Agreement on behalf of the MunicipalitYi THEREFORE the Province and the Municipality agree as follows: 1. Definitions 1.1 In this Agreement: (a) "Canada" means Her Majesty the Queen in right of Canada; (b) "eligible costs" means those costs defined in section 4.1 of this Agreement; . (c) "fiscal year" means the period commencing April 1 of any year and terminating on March 31 of the immediately following year; (d) "Management COJDJDittee" means the Management Committee established pursuant to section 3.1 of Schedule "A"i (e) "Minister" means Minister of Municipal Affairsi . . - 3 - (f) "Parties" means Canada and the Province; and . (g) "Project" means a project or projects approved by the Management Committee pursuant to section 3.5 of Schedule "A" and as further described in Schedule "C" of this Agreement. 2. Implementation 2.1 The Municipality shall implement and complete actual construction of the Project described in Schedule "C" in accordance with the terms and conditions set out in Schedule "C" and in the body of this Agreement on or before March 31, 1997. 2.2 (a) If at any time after this Agreement is entered into, the Municipality becomes aware that it is or may be in default on either the commencement date or the completion date for the Project or the projected cash flows for the Project as set out in Schedule "C", the Municipality shall give written notice immediately to the Province, by registered mail, of the actual or possible default. (b) The notice shall contain the following information: (1) detailed reasons and justification for the actual or possible default; and (2) the revised Schedule "C" setting out the new commencement or completion dates, and projected cash flows. . (c) The notice, upon receipt by the Province, shall be deemed to be accepted unless the Province notifies the Municipality immediately that further Management Committee approval is required in order for the project to continue as a Project under this Agreement. 2.3 The Municipality is solely and fully responsible for the implementation of the project including but not limited to, the capital costs of the Project and the acquisition of all land and interests in lands that are required for the implementation of the Project. . 2.4 The Municipality shall be responsible for obtaining all approvals, permits and licences required by all statutes, regulations and by-laws necessary for the implementation of the Project. . . . - 4 - 2.5 The Municipality shall implement the Project in compliance with the laws of the Province of ontario, including but not limited to, labour, environmental, human rights and occupational health and safety statutes and regulàtions. · 2.6 Upon completion of the implementation of the Project the Municipality shall be responsible for all on-going costs associated with the operation, maintenance and repair of the Project. 3 . Tenders 3.2 3.1 The Municipality shall let all contracts relating to the implementation of the Project in accordance with purchasing policies of the Municipality or as otherwise approved by the Council of the Municipality. To the extent permitted by law the Municipality shall ensure that when selecting a bid or proposal for work to be done in respect of the implementation of the Project that a bid or proposal price preference of up to 10 percent on the Canadian content (all values added in Canada) of the supplies, equipment and services will be applied when comparing bids and proposals of Fifteen Thousand ($15,000) or more, with the exception of cement. · 4. Financial Provisions 4.1 For purposes of this Agreement, "eligible costs" means all direct costs properly and reasonably incurred and paid solely and specifically in relation to this Project and for greater certainty means: (a) costs invoiced against a contract for goods and services necessary for the implementation of the projecti (b) any other costs which are incurred and paid in the course of implementation of the Project that are recognized and determined as relevant by the Management committee; · (c) the salaries and wages of any employee of the Municipality and other employment benefits of any employee engaged solely and specifically for the purpose of implementing the Project which costs have been determined and approved by the Management Committee, including the salaries and other employment benefits of any municipal employee in proportion to the employee's time solely and specifically devoted to the projecti · · · . . 4.2 - 5 - (d) costs related to Project signage¡ (e) contributions in kind which are recorded at the lesser of fair market value or cost; and (f) any other administrative costs not otherwise covered in (a), (b), (c), (d) and. (e) above, which have been determined and approved by the Management Committeei but shall not include costs which are for: (g) services or works normally provided by the Municipality or an agency thereof¡ and (h) the cost of any lands or any interest in land. (a) The Province shall contribute an amount not exceeding one third (1/3) of the eligible costs of the Project, and on behalf of Canada, shall contribute an'amount not exceeding a further one third (1/3) of the eligible costs of the Project, and the final one third (1/3) of the eligible costs of the Project shall be contributed by the Municipality. (b) :rf the Municipality receives grants or other funding from Canada in addition to the funding set out in this Agreement the Municipality may apply those other funds to the Project however. the aggregate funding received from Canada from all sources shall not exceed one third (l/3) of the eligible costs of the Project. (c) A Project is not eligible for funding under this Agreement if the Project receives funding from the Province under any provincial capital program. · · · . . . - 6 - 5. pavment provisions 5.1 The Municipality shall submit to the Province its claims for payment of the eligible costs of the Project which it has paid or which it has been billed for but has not paid. In all instances claims for payment shall be submitted on or before March 31 of the year following the fiscal year in which the cost was incurred, but no claim for payment shall be submitted after March 31, 1998. 5.2 Where the Municipality in accordance with section 5.1 submits a claim to the Province for payment of eligible costs for which it has been billed but has not paid, the Municipality agrees to supply the Province with proof of payment of that bill within 90 days of submitting the claim to the Province. 5.3 In the event that the Municipality does not file the proof of payment required by section 5.2, the Province may withhold or reduce future payments to the Municipality; The Province shall not be responsible for the payment of any costs incurred before January 24, 1994 in relation to the implementation of the Project regardless of wh~n such costs are billed to the Municipality. 5.5 The Municipality shall submit its claims for payment of eligible costs to the Province on claim forms which will be provided by the Province. 5.4 5.6 Subject to satisfactory review and approval of the claim by the Province, the Province shall pay to the Municipality the Parties' share of the eligible costs. 5.7 The Municipality shall submit with its final claim for payment of eligible costs a Project Completion Report for the Project and the said Report shall be submitted on forms which will be provided by the Province. 5.8 In the event that the Municipality does not submit a Project Completion Report as required by section 5.7, the Province shall withhold payment of the final claim. · · · , - 7 - 6. Financial Records 6.1 The Municipality shall keep separate financial records for all amounts incurred, claimed, paid and received with respect to the implementation of the Project. 6.2 The Municipality shall retain and preserve all documents, contracts, records, claims and accounts that relate to the implementation of the Project until March 31, 1999. 7. Public Information 7.1 The Municipality shall not make any public announcements with respect to the approved Project without the prior written consent of the Management Committee; 7.2 The public information described in section 10 of Schedule "A", public announcements and official ceremonies concerning the projeét shall be developed and organized by a joint federal-provincial communications committee in consultation with the Municipality. Costs associated with the public information, public announcement or official ceremony shall be shared equally by Canada and the Province. 7.3(a) At the request of Management Committee the Municipality shall install at the appropriate location, and maintain throughout the duration of the Project, one or more signs indicating that the Project is an :rnfrastructure Project undertaken under the auspices of the Canada-ontario :rnfrastructure Program Agreement or bearing any other such message approved by the Management Committee. (b) The cost of the signage referred to in paragraph (a) is considered an eligible cost for the purposes of section 4.1(d) of this Agreement. 7.4(a) At the request of Management Committee the Municipality shall install, upon completion of the Project, where feasible, a plaque or permanent sign bearing an inscription approved by the Management Committee. (b) The cost of the plaque or permanent sign referred to in paragraph (a) shall be shared equally by Canada and the Province. 7.5 · - 8 - All public information material related to calls and tenders for the Project, including Project signage, shall clearly and prominently indicate that funding was provided under the terms of Schedule "A", and non-compliance by the Municipality may result in the termination of 'such funding. 7.6 '(a) All public information material approved by the Management Committee in relation to this Project shall be in both English and French. (b) Paragraph (a) does not apply to public information material related to calls and tenders for the Project unless the Municipality has passed a by-law pursuant to section 14 of the French Language Services Act R.S.O. 1990, c.F.32, as amended or re-enacted from time to time. 8. Audi t and Insœction Upon reasonable notice from either or both Parties the Municipality Shall make available to either or both Parties, and their respective auditors, all documents, contracts, records, claims and accounts associated with the implementation of this Project, for inspection. 8.2 Each of the Parties may inspect the amounts of all claims in respect of the implementation of the Project, and all documents, contracts, records and accounts, related to the claims. 8.1 · 8.3 After completion of the implementation of the Project, the Province may undertake a final accounting and audit of the actual costs and may make appropriate adjustments in accordance with the permitted eligible costs. The Municipality shall immediately refund any overpayment upon the Province's written request regardless of when the overpayment is discovered. If the Province, during its inspection of any of the documents, contracts, records, claims and,accounts determines that any payment made by the Province has been used by the Municipality for any purpose other than implementation of the Project the Municipality shall, immediately upon written request from the Province, remit the amounts requested to the Province. 8.5 Upon written request from the Management Committee, the Municipality shall provide the Committee with any information which is available to the Municipality with respect to the project and which the Committee requires for any purpose. 8.4 · - 9 - · 9. Indemnification 9.1 9.2 · 10. 10.1 11. 11.1 12. · 12.1 The Municipality shall indemnify and save harmless the Parties, their Ministers, officers, employees and agents from and against all claims, demands, losses, costs, damages, actions, suits or other proceedings by whomsoever made, sustained, brought or prosecuted, in any manner arising from any wilful or negligent act, or attributable to anything done or omitted to be done in the implementation, operation, maintenance and repair of the Project. :rf the Municipality enters into an agreement with a Third Party for the purpose of implementing the Project, the Municipality shall ensure that it is a term of that agreement that the Third Party shall indemnify and save harmless the Parties, their Ministers, officers, employees and agents from and against all claims, demands, losses, damages and costs of any kind based upon any injury or loss of property arising from any wilful or negligent act, omission or delay on the part of the Third Party, its directors, officers, employees or agents in carrying out the contract. Insurance The Municipality shall maintain comprehensive policies of public liability and property damage insurance, insuring the Municipality for all sums which the Municipality may become obliged to pay as damages by reason of injury to persons (including death) or damage to or destruction of property in the course of any activity carried out under this Agreement. Time is of the Essence Time is of the essence in this Agreement and any dates or deadlines are to be strictly adhered to.- Priori tv In the event of conflict between the body of this Agreement and Schedule "A", Schedule "A" shall prevail. In the event of a conflict between the body of this agreement and Schedule "C" this Agreement shall prevail. · · · - 10 - 13. Notice 13.1 Any notices, invoices, reports or communications under this Agreement shall be given by personal delivery or by regular mail, posted in Canada, delivered or addressed as follows: to the Ministry: MINISTRY OF MUNICIPAL AFFAIRS. CANADA ONTARIO INFRASTRUCTURE WORKS PROGRAM OFFICE (COIW) 13TH FLOOR 777 BAY STREET TORONTO, ONTARIO M5G 2E5 to the Municipality: Town of Kincardine The corporation of the 707 Queen Street, Kincardine, Onto N2Z lZ9 Attn: .Maureen A. Couture, Clerk-Administrator . . . - 11 - 14. Schedules 14.1 15. 15.1 16. 16.1 17. 17.1 18. 18.1 18.2 19. 19.1 Schedules "A", "B" and "c" of this Agreement and the provisions contained in those Schedules form part of this Agreement. Alteration or Addition No change or modification to this Agreement and Schedules hereto shall be valid unless authorized in writing by both the Municipality and the Province. Binding This Agreement binds the Province and the Municipality to it and their respective successors and permitted assigns. Financial Administration Act Notwithstanding any other provision in this Agreement all obligations on the part of the Province and the Municipality are subject to the Financial Administration Act R.S.O. 1990, c.F.12, as amended or re-enacted from time to time. Failure to ComDly Where, in the opinion of the Province, the Municipality has failed to comply with any of the terms of this Agreement, the Province shall give the Municipality written notice, by registered mail, of the Municipality's failure to comply. :rf the Municipality upon receipt of the notice referred to in section 18.1 fails to comply with the terms of this Agreement within fourteen (14) days of receiving the notice, the Province may recommend to the Management Committee that it revoke the Project and where the approval is revoked, the Province may recover any and all funds paid to the Municipality under this Agreement. DisDute Resolution Any dispute arising out of the Agreement shall be submitted to and determined by a court having jurisdiction in the Province to hear and determine such dispute. · · · - 12 - IN W:rTNESS WHEREOF this Agreement has been executed on behalf of the Province by the Minister of Municipal Affairs, and on behalf of the Municipality by the Mayor, ~~X~~~ ~ and the Clerk. GOVERNMENT OF PR::~ONTAR:rO ~ ~ Minister of Muni:';:a: Aff~S U:l..Æ ~ / ?'I LI Da THE CORPORAT:rON OF THE TCMN OF KINCARDINE ~~rtÀ~ Witness .... \ "oo-! ~\) Iq~4- @ate ~~~O"Å witness ~,.n,--t Q..I, 19q4- CDate ~~ Charles· W. ann ~//h-;~ Clerk Maureen A. Couture ~ . THE CORPORATION OF THE TOWN OF KINCARDINE . BY-LAW BY-LAW NO. 1994-45 A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE MINISTER OF MUNICIPAL AFFAIRS UNDER THE CANADA/ONTARIO INFRASTRUCTURE WORKS PROGRAM FOR SIDEWALK INSTALLATION AND RESTORATION. . WHEREAS the Council for The Corporation of the Town of Kincardine deems it advisable to enter into an agreement with the Minister of Municipal Affairs for a grant under the Canada/Ontario Infrastructure Works Program for sidewalk installation and restoration. NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. That The Corporation of the Town of Kincardine enter into an agreement with the Minister of Municipal Affairs for a grant under the Canada/Ontario Infrastructure Works Program for sidewalk installation and restoration. 2. That the mayor and clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the agreement with the Minister of Municipal Affairs which is attached to this by-law and to affix the Town's Corporate seal as and when required. . 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "sidewalk Infrastructure Grant Agreement By-law". READ a FIRST and SECOND time this 7th day of July, 1994. READ a THIRD time and FINALLY PASSED this 21st day of JUly, 1994. ~~~~ Mayor Clerk '~ "....~- ~ . ,;:';'''.'' -' . 4 C.ÞJ1IITfl~iÌe aJrue and'. 00II. ~I.CICIPY Cltø,.~, . Number Iqq4~ .' II[ 1I~ d ~~ Council 01. 'Tile Corpord.,;¡ 01 _ :rown:ot . KIncardine on ttIIÞ ~'1" of~ll....'4 .~' '''1_, ~ '> - , . ~ .~. ~ . ¡'~,l ~~f1 =-'_F"" . C"'~a!': e: Ezecutivt Council . Cons.il des ministrei O.C./Déc.ret' 105/94 . SCHEDULE A I hereby certify that the attached is a true copy of an Order made on Jahuary 19th, 1994, by His Hónour the Honourable Henry Newton'· Rowell Jackm.ari, B.A., LL.B, Ueutenant Governor of the Province of Ontårio in Council. . Dàted at Toronto, January 20, 1994. , . ,J ','~',./ , . // ,¿¿·,¿.L-.r7'--' . )' .,. ~ ~-?--. /~ --' . /,......"..-" Députy Clerk, Executive Council of Ontario . .. '- · '.,Ul [.~~ Onla~O ExecutIVe Council Conseil de. mernscres Order in Council Décret · On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and concurrence of the Executive Council. orders that: Sur la recommandation du soussigne, Ie lieutenant-gouverneur, sur i'avis et avec Ie con· sentement du Conseil des ministres, decrète ce qui suit: WHEREAS the Government of Canada ("Canada") and the Government of the Province of Ontario ("Ontario") agree that there is a need to renew and enhance Canada's and Ontario's physical infrastructure. notably in local communities; AND WHEREAS Canada and Ontario agree that sound investments in infrastructure can promote a competitive and productive eC0.!l0my, generate valuable short and long- term employment and accelerate economic recovery; AND WHEREAS Canada and Ontario agree that it is opportune to invest in needed infrastructure in periodS of high national or regiona! unemployment; · AND WHEREAS Canada and Ontario are committed to en vironmentatsusta ina bility and recognize that infrastructure investments can enhance the quality of the environment; . . THEREFORE the Minister of Economic Development and Trade and the, Minister of Municipal Affairs are authorized on behalf of Ontario to enter into an a¡¡reement with the Government of Canada in English and in French in substantially the form of the agreement attached hereto. Recommended ~A /J ~ ~ ~ '''--vI \...9.-" Premier and President of the Council Concurred QL\!k\~ Chair of binet Approved and Ordered JAN 1 9' 1994 Date O.C./Decrel IOS/94 . .> ) C.P. 1993-7/2lS2 22 décembre 1993 CANADA PRIVY COUNCIL.- . CONSEI~ PRIV£ (Rec. du c.~. 820960) . Sur recommandation du ministre de l'Industrie, des Sciences et de la Technoloqie et du conseil du Trésor, il plait à Son Excellence 1e Gouverneur qénéral en consei1 d'approuver que le min!stre del'Industrie, des Sciences. et de la Technoloqie at Ie Président du Conseii du Trésor et ministre responsab1e de l'Infrastructure canc1uent, au nom du . gouvernement du Canada, une entente de contribution sur l'infrastructure avec 1e qouvernement de.la province de l'Ontario,. 1aque1le entente est conforme en substance au projet d'entente ci-joint. . Cë¡::TlrI;:O TO !It A TRUE COpy.. COPIE C£~TtF"I£E C:ON¡::'ORM ~2J) CANADI\.-ONT2'>RIO :tNPR~STRUCTURE PROGRAM AGREEMENT This Agreement made this day of January 1994. . BETWEEN THE GOVERNMENT OF CANADA (herein ref·erred to as "Canada") represented by the Minister responsible for Infrastructure and the Minister of Industry, Science and Technology AND THE GOVERNMENT OF THE PROVINCE OF ·ONTI\.UO (herein referr!"d to as "the province") repr..sented by tn. Minister of Economic Development and Trade and the Minister of Municipal Affairs. ' . WHEREAS Canada and the Province agree that there is a need to renew and enhance Canada's and Ontario's physical infrastructure. notably in local communities; AND WHEREAS Canada and Ontario agree that sound investments in infrastructure can promote a competitive and productive economy. generate valuable short and long-term employment and accelerate economic recovery; AND WHEREAS Canada and ontario agree that it is opportune to invest in needed Infrastructure in periods of high national or regional unemployment; AND WHEREAS Canada and Ontario agree that such investments need to be undertaken in an efficient and timely manner; AND WHEREAS Canada and Ontario are committed to environmental sustainability and recognize th~t infrastructure investments Can enhance the quality of the environment; AND WHEREAS the Governor in council by Order in Council P.C.1993-7/Z1B2 dated, December 22, 1993 has authorized the Minister of Xn!rastructure together with the Minister of Xndustry, science and Technology to execute t~is Agreement on behalf of Canada; . AND WHEREAS the Lieutenant Governor in Council. by order in Council o! the day of 199 . has authorized the Minister of Economic Development and Trade and the Minister of Municipal Affairs to enter into this Agreement on behalf of the Provi~ce of Ontar1o; . NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises. covenants and agreements herein contained. the parties hereto covenant and agree as follows: - 3 - (n) ·Provincial Zmplementing Minister" means the Minister of Economic Development and Trade and includes anyone authorized to act on the Minister's Þehalf; "Provincial Minister" means 'the ·Minister of Municipal Affairs and includes anyone authorized to act on the Minister's behalf; "Provincial Minister(s)" means the Provincial Minister and the Provincial Implementing Minister; and "Th.i:r4 Party" mean's any person, other than a Party to this Agreement or a con~ributor, with who. an agreement is signed for the co.pletion of a proj ect., 1.2 Words in the singular include the plural, and words in the plural include the singular. . (0) ,(PI (q) 2.0 PURPOSI: . 2.1 The purpose of this Agreement is to enable CANADA and the Province of ONTARIO, in co-operation, where and as appropriate, with Contributors to under~a~e a program af investment in order to: . . . renew and enhance the quality of Canada's and ontario's infrastructure which is instrumental in the provision of public services, 'notably in local communities; and, provide fór timely and effective employment creation. 3.0 MANAGBM~NT AND COO~D%NATION Establishment and Internal rules . , 3.1 A Management Committee shall be established to administer and manage this Agreement. It shall consist of four memÞers, two to be jointly appointed by the Federal Ministers and two to be appointeCl Joy the Provincial Minister (s). In ' adClition, the Federal Minister and the Provincial Minister may each appoint one representative as an ex-officio member of the Manaqe.ent Committee. The Management committee shall continue to exist and operate for as long as necessary to meet the requirements of the Agreement. 3.2 ~he Management Committee shall be hea4eQ by two Co-chairs, one froD the two federa~ members, to be known as the federal Co-chair, and one from the two provincial members, to be known as the provincial Co-chair. The federal and prov.incial members not appointeCl,as Co-Chairs shall act, in absence of their Co-Chair" as the substitute. 3.3 The Management committee shall meet on a timely basis ,at such places anCl on such Clates as may be agreed by the co-chairs. A quorum for all meetings of the Management Committee shall be made of the Canada Co-chair or substitute member Dnd the Provincial co-chair or substitute member; . 3.4 Decisions of the Management Committee can only be '. , - 5 - Àdmini:§t:.re.tion · 3.7 The Management Committee 'shall be responsible for the.administration and management of this Agreement, and without limiting the generality of the foregoing, sha~l: (a) ensure that the expected completion date of a project shall not be later than March 31, 1997; ensure the implementation of the management information and evaluation provisions of this Agreement. and ensure a free flow of information be~ween the Parties; . Cb) (c) adopt such standards, procedures, forms (eg. Project Authorization form), reports and guidelines cons~stent with this Agreement as it deems expedient and appropriate to achieve its purpose; · (d) establish sub-Committees as may be required from time to time to assist in the management of this Agreement, delegate to them all necessary authority to carry out their manåate and establish all procedures with respect to its own meetings and those of the SUb-Committees, including rules for the conåuct of meetings and the making of decisions where the members are not physically present; and (e) carry out any other duties, powers and functions specified elsewhere in this Agreement or as may be assigned to the Management Committee by the Ministers to. accomplish the Purpose of the Agreement. " . 0 :tMPLI!:KZNTAT:tON 4.1 Subject to the terms of this Agreement, the Province shall undertake or shall cause to be undertaken the implementation of all projects. 4.2 The review, approval and implementation of any projects shall be undertaken in mutual respect of applicable federal and provincial environmental ·legislation. 5. 0 CONTRACT PROCEDtJRES · 5.1 All contracts to be entered into by the Province or by any Contributor with a Third party for the due implementation of a project shall be awarded and adm1n~s~ered in accordance with the aàministrative, manaqement and contract procedures within the Province. 5.2 All contracts entered into pursuant to Section 5.1 shall incorporate the relevant provisions of this Agreement and in particular, that . any of the members ot the Manaqement Committee shall be permitted, at all - 7 - (b) Except with the written agreement of the Federal Minister. . (i) should the federal share of direct costs referred to in subsections 7.J. (a). (b)·, (c) and (d) that are incurred but not necessarily paid for projects approved account for less than $252.829 million by March 31, 1995. the maximum total cOntribut~on by Canada under this Agreement shall be reduced by the amount corresponding to the shortfall; and . (ii) ~o more than $108.356 millïon of the federal share of direct costs referred to in Subsections. 7.1. (a). (b). (c) and (d) may be incurred after ~arch 3J., 1996 which, in any case. shall be incurred on Or before March 31, J.997. (a) The contributiori'by canada from all sources, inc1.uding this Agreement. with respect to any one Project shall not exceed one-third (1/3) of the total Eligible Costs approved for that project, except aa ~th.rwise provided in subeection 6.2 (b) of this Agreement. (b) Canada may, at the request of the Province, but subject to the agreement of the federal Co-chair, fund =ore than one third (1/3) of the Eligible costs of a specific Project provided that Canada's share of Eligible costs for 'all projects approved under this Agreement, et any given time, by the Management Committee does not exceed one third (1/3). (c) ·Eligible Costs referred to in Subse<;tion, 7. J. (d) shall be shared equally by the Parties. 7.0 PAYMENT PROCEDURES 6.2 . 7.1 For the purþoses of this Agreement, "Eligible Costs" include all direct costs properly and reasonably incurred and paid solely and specifically in relation to this Agreement that are: . (c) (a) invoiced agairist a contract for goods and services necessary for thB implementation of a Project; (b) any other costs which·are incurred and paid in the course of implementation of the Project that are recognized and determined as relevant by the Management Committee, and the salaries and other employment benefits of any employee af Canada, the Province or the Contributor en9aged solely and specifically for the purpose at implementing a Project under this Agreement which costs have been determined and approved by the Management Committee; , - $I - (b) the Management committee app~oved. as being justitied, the inclusion of the cost overruns; and (C) funds are available to cover said costs overruns. . 8.0 AUD%T AND XNS.ZCTXON . 8.1 ,Canada and the Province shall ensure that proper and accurate accounts and records are ~aintained with respect to each Project undertaken pursuant to this Agreement and shall, upon reasonable notice, ~ake such accounts and records available tor inspection. 8.2 Accounts shall be ~aintained for a period ot three years beyond March 31, 1996. 8.3 Each of the Parties may inspect the amounts Of all claims in respect of any project implemented under this Aqreement and thè accounts and records related thereto. Any discrepancy between the amounts paid ~y any of the Parties and the amount payable under this Agreement shall be promptly adjusted between the Parties. 8.4 Each of the parties hereto will provide to any member ot the Management Committee on request all information that would indicate that a Project hereunder has been undertaken or completed and the costs incurred with respect thereto. 9.0 l'ROGaAX EVALUATXON 9.1 The Management committee shall approve a plan and bUdget for the evaluation of the Program of Infrastructure within six months of the signing of the Agreement. Costs aasociated with the ' evaluation shall be shared equallY by th~ Part~es. 9.2 The evaluation plan shall identifY' responsibili~ies for evaluation activity and data collection; evaluation issues; and, the character an~ timing of data collection. 9.3 The Management Committee shall approve the terms of reference for the evaluation before it is undertaJ<.en. 9.4 The Management committee shall submit to the Ministers an evaluation report no later than twelve months after March 31, 3.996. _ . 9.S Each Party will provide the other with all relevant information as may reasonably be required for such evaluation. . .~ , - 11 - J.:I..o GEJœRAI. . 11.'1 This Agreement may be amended from time to ti.me on vritten agreement of the Federal Ministers and Provincial Ministers. It is expressly agreed and·" understood, hovever, that any amendment to ' Section 2.0 dealing with PURPOSE, to the part of Subsection 3.5(a) dealing with the last approval date, to Subsections 6.1 (a) and 6.2 (a) dealing vitb the financial participation of Canada must be approved by the Governor in Councilor must obtain any other approval that may be otherwise statutorily required. . 11.2 No member of the House of Commons of Canada or of the Senate of Canada or of the Legislative Assembly of Ontario shall be admitted.to any share or par~ o~ any contract, a9reemen~ or commission made pursuant to this Agreement or to any benefit arising therefrom. . . 11.3 Nothing in this Agreement is to be construed as authorizing one Party or, at the demand of the Province, any contributor to contract for or to incur any obligation on beh~lf of the other or to act as agent for the other. J.l.4 All property including patents, copyrights and other intellectual property and any revenue acquired as a result of the work performed under any approved projects shall be disposed of, licensed or othervise dealt with as the Management Committee may from time to time determine. 11.5 Notwithstanding any other provision of this Agreement, all obligations of Canada incurred by virtue of this Agreement shall be subject to the Financial Administration Act. . 11.6 (aJ Any dispute be~ween Canada and Ontario hereto or any question of law or tact arising out ot this Agreement shall be submitted to and determined by the Federal Court of Canada pursuant to the Federal Court Act of Canada. (b) Any dispute arising from contracts entered into pursuant to Section 5.1 of this Agreement shall be submitted to and determined by the court having jurisdiction and governing said contracts. . -, " - 13 - · PLBASB ATTACH SCBBDULB "B" HERB (xmn:CJ:PAL BY-LAW) · · A· a ~ ~ ,. · · · - 16 - SCHEDULB "c" 1. MUNICIPALITY: Corporation of the Town of Kincardine 2. PROJECT NAME: Sidewalk Installation and Restoration (850 Linear Metres) 3. PROJECT NUMBER: M4140203 4. PROJECT DESCRIPTION: To install sidewalks in various location in the Town of Kincardine, and restore sidewalks where deterioration has become a safety hazard and a barrier to pedestrian traffic 5. LocATION OF PROJECT: Various locations with the Town of Kincardine, N2Z 1Z9 6. ELIGIBLE PROJECT COSTS: $60,000 As approved and set out in the attached Project Expenditure Schedule. 7. PROJECT START DATE: June 1, 19 9 4 8. PROJECT COMPLETION DATE: July 30, 1994 . ., .... .f . - .','. ",."j;~::)p.. ,"h¥'jE~ '¡"II' ~til~~ T"Ê,G)·· Ii ¡Jiíl; .,.rnW~"···" ."'1. ';"~1: ,,~rfo;o. 1 , W zm;,.... i I' i....O'~. .~, '~ 'OW"S! I "l¡~~ii ::,-:=~~ :¡:~ig:, t"¡:~~~ ,)~.~~., 0':2'" ciC¡)' 0;;" " .,..., -r; N' <¡.-S; . ".':2) .c ....,. .,.... N' 1::' o :¡:.. (.),. Q)) ~. j j Š L ¡ ¡ L ] ";::-f! co co ::>::> c!: c!: ~~ ~~ 9t¡ ... 80 ØJ ~ 1S:'a. '" ØJ - .. '" "?"? >-~ ~ " ...,"" ?-§ ~7 ~~ ¡~ C C co co ...,..., ......~ ~9 co 'U ØJ 80 ;;;- '" 11 'a. '" - '" .. 1.2 :! " " ......c §:; 7~ .2-< ~¡ ::>::> c!: c!: '" .. " ~~ 99 on UU ØJ 00 ...... or '" ......'a. 0 ØJ - 'a... 0 !}I,,,? 0 >''' :! " "" ...,' ~ ......c c_ " " 7~ .2-< ., ~ ã. E E .. t ë ., .. § u .5 ~ ë " ~ ~ u ~ '" g¡ C 0> <fÌ "E ~ '<I) 8- ~ ~ " 1;; ., J!! .s ;S ., 8, ., a .. '" 8 ~ i!! OJ ::...;.--~ -..... .~ 1;; e ...... ...... '" ., ë -z; ... 8 '0 ~ " '" ~ 1;; In 0 .. e '" ::> ë .. 0 i5' " ã. '" -z; E E 0 ~ I!J <.) "" a¡ "! g¡ " ~ 'C Õ '" .. ..c:: .5 õ <a (J) - '" '" N N N o o ijì [fi!1, :Æ!i}: tJ·E~~: :::~:.:::.¡. Ijl' i..ë 1- "';g' IH 1'í1ã1¡ K~i fli?1 r ..$;¡' '*1:"'·' ~mi, :$:<;' $:,. ~~~~¡ ï.' 'IM¿ ,'1 ~:~l.,:t_ :¡1,!'P '*.;I¿.; ~~..' ,.v~ ~,1 :[j\*~1 ·Iï~b . ~t~·~·:< I: ì ~¡¡~8 mir o [Me;., o W'·..., ~():". o ,',0:." lto·;) o «';':C:m ~ f~l¡ - ~I~ ;s II :'~ .~ õ" - r~, ~ .. Q. õ" ~m:1 :::I ~ U Q. "'rsf' ~ :::I '1' ->:. u IÞ~ .. ;¡ (J) ~ Q) D.. ;¡ ,<§" S t- ::::F :", 0 .J!I .. "'8.! - ~ ~ì~, ~ Q) '<:" u :J! '" ~ ~ ë ;s I ~ C .s. ~ ~ : .; .. ,:(.;,::,:, .. f! ,." ...\... a 8 " ...... Ii 0 .8 ~ " ~ E <.) '" '" wnn <D e ~ ãí ~ ¡)J'm¥ï~ :5 (! '" z 0( c ...... 1;; õ ü I ~ '" ::> Q) õ" ...... e " ~ '" '" D.. .. D.. 0. a¡ ~ ã! $ '" 1 .. ¡¡¡ -z; a: ,1; 0 Ii; ;;; <.) '" I!J (! I!J ~ '" ~ '" ]g ,.:,>.->..¡:' ..c:: '" i\ji¡; õ '" {:. t- ..J ;:'n>; '" CD ,.. <X) '-"',""',.':' N N N N 'H;:~:J',/ õ5 'C '<I) ¡¡¡ ::;¡ ...... E .. E 0. :; <T I!J ... N ., .g ......s íi)C i!!9 1!~ ~~ " C '" - ~ 1;3 ~ " D.. 2 ~~ ë;S ..u 'i~ !!,.!\! :¡~ 0.., ð~ ~ '" " 'i!; '" ~ ~ .. E ~ e " 0> 1;; 0 Šà: '" '" , :g:¡ o 0. ] ¡: C C 0'" ., '" '" -0::: ~ B ð£ '" N _ 4i11m.... o o o o -<T .". ~ ]I " t "01 '" ë '<I) ~. - ~ .. e,. ,0 o o o N .". ~ ,g ~ Q) 1:: [ " u ~ 0. o ~ 0. .. ~ ...... '" Q) " :; o '" '" a: c ~ '" ..... ~ 1:: '" D.. ~ o ~ N _J íiì .. ¡ '0 1:: 8. Q. I!! C :::I i!! "E :§. Q) u Q) ~ ... 'C e,. I ~ :::I Q) ijj '" " u § S .Q '§ 8 ...... "i ð :¡ .. c .. " In '5 £! ~ '" c o S .Q 'C E 8 ~ o ijj (J) '" 1 ~ D.. ~ ~ N ~';""-"-"""'-"~' ~ .. ~. ì ~ .... \, · '- · · .;.~ ~, THE CORPORATION OF THE TOWN OF KINCARDI NE BY-LAW BY-LAW NO. 1994-44 A BY-LAW TO AUTHORIZE THE SIGHING OF AN AGREEMENT WITH THE MINISTER OF MUNICIPAL AFFAIRS UNDER THE CANADA/ONTARIO INFRASTRUCTURE WORKS PROGRAM FOR AN ADDITION TO THE KINCARDINE PUBLIC WORKS GARAGE. WHEREAS the Council for The Corporation of the Town of Kincardine deems it advisable to enter into an agreement with the Minister of Municipal Affairs for a grant under the Canada/Ontario Infrastructure Works Program for an addition to the Kincardine public works garagei NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. That The Corporation of the Town of Kincardine enter into an agreement with the Minister of Municipal Affairs for a grant under the Canada/Ontario Infrastructure Works Program for an addition to the Kincardine public works garage. 2. That the mayor and clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the agreement with the Minister of Municipal Affairs which is attached to this by-law and to affix the Town's Corporate seal as and when required. 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "Public Works Garage Addition Infrastructure Grant Agreement By-law". READ a FIRST and SECOND time this 7th day of July, 1994. READ a THIRD time and FINALLY PASSED this 21st day of July, 1994. ~~ "O;"..~II\t ~t'~~ . "bIUftIÞ8r ..:-- of TIle r-1Id by"~"'" ~ . '..aIoA øI ...TGWR ell ~ontMf~cA_~ of~lIo'ð - _I J'~ ...; . ~ '. .' · · · lt~ ~....P=. :"~ar': Execvtiv, Council , Con.en des ministr8š O.C.JDéc.ret' 105/94 . SCHEDULE A I hereby certify that the attached is a true copy of an Order made on . .. January 19th, 1994, by His Hònour the Honourable Henry Newton'· Rowell Jackman, B.A., LL.B, Ueutenant Governor of the Province of Ontario in Council. Dated at Toronto, . January 20, 1994. ,J ',......../ . . // ¿.¿-'.L.....?""-' . /~.,' ~.-?-?-. /~ -' , , , ,~- , Députy Clerk, Executive Council of Ontario '... :Nj ~ OntariO ExecutMt Council COnseil des mlnasttes Order in Council Décret ~ . · On the recommendation of the undersigned. the Lieutenant Governor, by and with the adVice and concurrence of the Executive Council, orders that: Sur la recommandation du soussigné. Ie lieutenant-gouverneur. sur I'avis et avec Ie con- sentement du Conseil des ministres, décrète ce qui suit: WHEREAS· the Government of Canada ("Canada") and the Governmen t of the Province of Ontario ("Ontario") agree that there is a need to renew and enhance Canada's and Ontario's physical infrastructure, notably in local communities; AND WHEREAS Canada and Ontario agree that sound investments in infrastructure can promote a competitive and productive eC0.!l0my. generate valuable short and long- term employment and accelerate economic recovery; AND WHEREAS Canada and Ontario agree that it is opportune to invest in needed infrastructure in periods of high national or rej¡ionat unemployment; · AND WHEREAS Canada and Ontario are committed to environmen talsustaina bility and recognize that infrastructure investments can enhance the quality of the environment; THEREFORE the Minister of Economic Development and Trade and the Minister of Municipal Affairs are authorized on behalf of Ontario to enter into an agreement with the Government of Canada in English and in French in substantially the form of the agreement attached hereto, Recommended ß/ 11 ~ ~ ~ '''-J \5-". Premier and President of the Council Concurred ~~ .' - , Chair o~et Date · Approved and Ordered JAN 1 9 1994 O.C./Décret I05/94 .'\ , , . ; . '- :;. C.P. 1993-7/2182 22 décembre 1993 CANADA PRIVY COUNCIL. . CONSErL PRlvE: (Rec. du c.~. 820960) Sur recommandation du ministre de l'Industria, des Sciences at de la Technoloqie et du Conaeil du Trésor, il plait å Son Excellence le Gouverneur qénéral en conseil d'approuvar que 1e ministre de l'Industria, des sciences et de 1a Technoloqie et Ie Président du Conseii du Trésor et ministre responsable de l'Infrastructure conc1uent, au nom du . qouvernement du Canada, une entente de contribution sur 1'infrastructure avec 1e C;OQvernement de 1a province de 1'Ontario, laque11e entente est conforme en substance au projet cl'ent~te ci-joint. . C;FF:T,"I£D TO !IE A TRUE CCPY '" COPIE CE~TI~IEE CONÇ'CRM ~2J) , ..~. . . . . ; CANADA-ONTARIO rNFRÄSTRUCTURZ PROGRAM AGREEMENT This Agreement made this day or January 1994. BETWEEN THE GOVERNMENT OF CANADA (herein referred to as "canadaU) represented by the Minister responsible tor Intrastructure and the Kinister of Industry, Science and Tachnology AND THE GOVERNMENT OF THE PROVINCE OF . ONTARJ:O (herein refarr!td to as "the Province") represented by the Minister ot Economic Development and Trade and the Mini~ter of Mun1.cipal Arfairs. WHEREAS Canada and the Province agree that there is a need to renew and enhance Canada's and Ontario's physical infrastructure, notably in local communities; AND WHEREAS canada and ontario a9ree that sound investments in infrastructure can promote a competitive and productive economy, qanarate valuable short and long-term employment and accelerate economic recovery; AND WHEREAS Canada and ontario agree that it is opportune to invest in needed Infrastructure in periods of high national Or regional unemployment; AND WHEREAS Canada and ontario agree that such investments need to be undertaken. in an eftic.ient and timely manner; AND WHEREAS Canada and ontario are committed to environmental sustainability and recogni2e that infrastructure investmants can enhance the quality of the environment; AND WHEREAS the Governor in Council by Order in council P.C.1993-7/~lS2 dated, Dacember 22, ~993 has authorized the Minister of Intrastructure together with the Minister ot Xndustry, Science and Technology to execute t~is Agreement on behalf of Canada; . AND WHEREAS the Lieutenant GOvernor in Council, by Order in Council ot the day of 199 , has authorized the Minister of Economic Development and Trade and the Minister ,of Municipal Atfairs to enter into this Agreement on Þehalr or the Province of Ontario; - . NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration ot the premises, éovenants and agreements herein contained, the parties hereto covenant and agree as tol10ws: , ] '. - 3 - (n) "Provincia~ J:mp~ementing Minister" means the Minister of Economic Development and Trade and includes anyone authorized to act on the Minister's behalf; . "provinci..l Minister" means'theMinister 01: Municipal Affairs and includes anyone authorized to act on the Minister's behal1:; (p) "Provincial Minister(s)" means the provincia~ Minister and the Provincial Implementing Minister; and (0) (q) "ThlrcS Party" mean's any person, other than a Party to this Aqreement or a Con~ributor, w:i.th whom an aqreement is siqnec:\for the completion of a project., ~.2 Words in the singular include the plural, and words in the plural include the singular. . 2.0 ÞUJtPOS2 2.1 The purpose of this Aqreement is to enable CANADA and the province of ONTARIO, in co-operation, where and as appropriate, with Contributors to undertake a proqram of investment in order to: . renew and enhance the quality of Canada's and ontario's infrastructure which is instrumental in the provision of pub~ic services,notably in local communities; and, provide for timely and effective employment creation. . . 3.0 MANAGEKENT AND COORD%~T%ON Estab1ís~ment and I~~ernal rules . . 3.1 A Manaqement Committee shall be established to administer and manage this Agreement. It shall consist of four members, two to be jointly appointed by the Federal M:i.nisters and two to be appointed by the Provincial Minister(s). In ' addition, the Federal Minister and the Provincial Minister may each appoint one representative as an ex-officio member of the Manaqement Committee. The Manaqement Committe. shall continue to exist and operate for aa 10nq as necessary to meet the requirements of the Agreement. 3.2 The Manaqement committee shall be headed by two Co-chairs, one troD the two federa~ members, to be known as the federal Co-cha:i.r, and one 1:rom the two provincia1 members, to be known as the provincial Co-chair. The federal and prov.incial members not appointed,as Co-Chairs shal~ act, in absence of their CO-Chair, as the substitute. 3.3 The Management committee shall meet on a timely basis ,at SUCh placas and on s~ch dates as may be asre..'" by the co-chairs. A quorum for all , meetings of the Manaqement Committe. shall be made of the Canada Co-chair or s~bstit~te member and the Provincial co-chair or substit~te member; 3.4 Decisions or the Management Committee Can only be , '. . . . : - 5 - A.dministT."i!!tion 3.7 The H~nagement Committee 'shall be responsible for the a4ministration an4 management ot this Agreement, ~nd without limiting the generality of the fOregoing, shall: (e) ensure that the expected completion date of a project shall not be later than Harch 31, 1997; (b) ensure the implementation of the management intormation an4 evaluation provisions of this Agreement and ensure a free flow of . intormation beiweenthe P~rties; . adopt such standar4s, procedures, forms (eg. Þroject Authorization form), reports and guidelines cons~stent with this Agreement as it 4eems expedient and appropriate to achieve its purpose; (d) establish sUb-Committees as may be required trom time to time to assist in the management ot this Agreement, delegate to them all necessary authority to carry out their mandate and establisQ all procedures with respect to its own meetings and those ot· the SUb-Committees, including rules for the con4uct of meetings ~nd the making of decisions where the members are not physically present; and (c) (e) carry out any ether 4uties, powers and tunctions specitied elsewhere in this Agreement or as may be assigned to the Management Committee by the Ministers to, accomplish the Purpose of the Agreement. 4.0 ~HPLZKENTA~~ON 4.1 SUbject to the terms Of this Agreement, the Province sha11 un4artake or shall cause to be ·undertaken the implementation Of. all projects. 4.2 The review, approval and implementation of any projects shall be undertaken in mutual respect ot applicable fe4eral and provincial environment~l ·legislation. 5 . 0 CON'1'RACT PROCJl:DtI1tB8 5.1 All contracts to be entered into by the Province or by any Contributor with a Third party for the 4ue implementation of a project shall be awar4ed and a4ministered in accordance with the administrative, manaqement and contract proceàures within the Province. 5_2 All contracts entered into pursuant to section 5.1 shall incorporate the relevant provisions of this Agreement an4 in particular, that . any of the members of the Hanagement Committee shall be permitte4, at all , .; ; '. - 7 - Cb) Except with tne written agreement of the Federal Minister, (i) . sho~ld the federal share of direct costs referred to in S~bsections 7.1 Ca), Cb), Cc) and (d) that are inc~rred b~t not necesBari~y paid for projects approved account for less than $252.829 million by March 31, 1995, the maxim~m total contribut~on by Canada under this Agreement shall be reduced by the amount corresponding to the shortfall; and Cii) fto more than $108.356 millron of the federal share of direct costs referred to in subsections, 7.1 Ca), Cb), (c) and (d) may be incurred after March 31, 1996 which, in any case, shall be incurred on or before March 31, 1997. . (a) The contributiori"bY canada frOm all sources, including this Agreement, with respect to any one Project shall not exceed one-third (1/3) of the total Eligible costs approved for that project, except aa otherwise provided in subsection 6.2 (b) of this Agreement. (b) Canada may, at the request of the Province, but subject to the agreement of the federal Co-chair, f~nd more than one third (1/3) of the Eligible coats of a specific Project provided that Canada's share of Eligible costs for 'all projects approved under this Agreement, at any given time, by the Management Committee does not exceed one third (1/3). (c) Eligible Costs referred to in S~bsection,7.1 (d) shall be shared equally by the Parties. 7.0 PAYMENT PROCEÞCaBS 6.2 7.1 For the purposes of this Agreement, "EligiIÜe Costs" includ.e all direct costs properly and reasonably incurred and paid solely and specifically in relation to this Agreement that are: (c) (a) invoiced agairist a contract for goods and services necessary for ~he implementation of a Project; (b) any other costa which ,are incur~ed and paid in the course of implementation of ~he Project that are recoqnized and determined as relevant by the Management Committee, and the salaries and other employment benefits of any eøploy.e of Canada, the Province or the Contributor enqaqed solely and specifically for the purpose of irnplementinq a Project under this Aqr..ment which costs have heen determined. and approved by the Manaqement Committee; . ~ , . . . ~ - 9 - (Þ) the Management Committee app~oved. as being justiried, the inclusion of the cost Qver~un&; and (C) ~unds are available to cover said costa overruns. 8.0 AUDXT AND ZNS?ECTXON 8.1Caneda and the Province shall ensure that proper and accurate accounts and records are maintained with respect to each Project undertaken pursuant to this Agreement and shall, upon reasonable notice, make such accounts and records available ror inspectlon. 8.2 Accounts shall be maintained ror a period or three years beyond March 31, 1996. . 8.3 Each of the Parties may inspect the amounts of all claims in respect or any project implemented under this A~eement and thè accounts and recorda related thereto. Any discrepancy between the amounts paid by any of the Parties and the amount payable under this Agreement shall be promptly adjusted between the Parties. 8.4 Each or the Parties hereto will provide to any member ot the Management Committee on request all intormation that would indicate that a Project hereunder has been undertaken or completed and the costs incurred with respect thereto. 9.0 ?aOGRAH EVALUATZON 9.1 The Management Committee shall approve a plan and bUdget for the evaluation of the Program or Zntrastructure within six months of the signing of the A~eement. Costs associated with the . eval~ation shal~ be shared equal~y by thé parties. 9.2 The eva~uation plan sha~l identiry: responsibilities ror evaluation activity and data collection; evaluation issues; and, the character and timing of data collection. 9.3 The Management Committee shall approve the terms of reterence for the eval~ation before it is undertaken. 9.4 The Management Committee shall submit to the Ministers an evaluation report no later than twelve months atter March 31, 1996. 9.5 Each party will provide the other with all relevant intormation as may reasonably be required for such evaluation. , .', . . . - . - J.J. - J.J..o OEHBRAL 1.1..1. This Agreement may be amended trom time to time on written agreement of the Federal. Ministers and Provincial Ministers. :It is expresslY ac;reed II.nd," understood, however, that any amendment to " Section 2.0 dealing vith PURPOSE, to the part of Subsection 3.5(a) dealing ~ith the last approval date, to Subsections 6.1 (a) and 6.2 (a) dealing with the financial participation of Canada must be approved by the Governor in Councilor must obtain any other approval that may be otherwise statutorily required. . 1.1.2 No member of the House of Commons of Canada or of the Senate of Canada or of the Lec;is1ative Assembly of ontario shall ba admitted.to any ahare or part of any contract, agreement or c01llmi.sion made pursuant to this Agreement or to any benefit arising therefrom. '. J.J..3 Nothing in this Agreement is to be construed .s authorizing one party or, at the demand of the Province, any Contributor to contract for or to incur any obligation on beh~lf of the other or to act as agent for the other. J.J..4 All property including patents, copyrights and other intellectual property and any revenue acquired as a result of the work. performed under any II.pproved projects shall be disposed of, J.icensed or otherwise deal.t with as the Management Committee may from time to time determine. J.1..5 Notwithstanding any other provision of this Agreement, all obligations of Canada incurred by virtue of this Ac;reement shall be subject to the Financial Administration Act. . J.l.6 (a) Any dispute bet~een Canada and Ontario hereto or any question of law or tact arisinc; out of this Agreement shall be submitted to and determined by the Federal Court of canada . pursuant to the Faderal Court Act of Canada. Any dispute arising trom contracts entered into pursuant to Section 5.1 of this Agree.ant shall be submitted to and determined by the court having jurisdiction andgoverninc; said contracts. (b) , . . '. " - 13 - · PLEASB ATTACH SCBBDULB nBn HERB (HtJBJ:CJ:PAL BY-LAW) · · , · · · ~ ,". '. - 15 - SCHEDULB "C" 1. MUNICIPALITY: Corporation of the Town of Kincardine 2. PROJECT NAME: Public Works Garage Addition 3. PROJECT NUMBER: M4140202 4. PROJECT DESCRIPTION: An addition to existing public works garage 5. LocATION OF PROJECT: Valentine Avenue, Kincardine, N2Z 1Z9 6. ELIGIBLE PROJECT COSTS: $45,000 As approved and set out in the attached project Expenditure Schedule. 7. PROJECT START DATE: August 1, 1994 8. PROJECT COMPLETION DATE: November 15, 1994 .: ,... 0 ã. 'liS ë E ê '" ë" 'liS i '" 0. 8. '" ~ ë" " É ~ " 0. '!:! ~ ë ~ .r1 ~ " " g '5 W ë '" '" ~ ~ ~:::::'-'" ,'" 8 ë 3! 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