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Home My WebLink AboutKIN 91 030 Minister/Mun. Affair · -. THE CORPORA nON OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1991-30 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH THE MINISTER OF MUNICIPAL AFFAIRS FOR THE PROVINCE OF ONTARIO RESPECTING THE PRIDE ANTI-RECESSION PROGRAM. WHEREAS the Council for The Corporation of the Town of Kincardine deems it expedient to enter into an agreement with the Minister of Municipal Affairs for the Province of Ontario respecting the provision of financial assistance for the implementation of the Community Improvement plan for the Town of Kincardine community Improvement Project Area. NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. That the mayor and clerk are hereby authorized and directed to execute on behalf of the Corporation an Implementation Agreement for the Community Improvement Plan for the Town of Kincardine Community Improvement Project Area with the Minister of Municipal Affairs for the province of Ontario. 2. This by-law shall come into full force and effect upon its final passage. 3. This by-law may be cited as the "PRIDE: Anti -Recession Agreement, By-law". READ a FIRST and SECOND time this 21st day of March, 1991. )1mIPAJ tl \ ~/rJ1) Mayor READ a THIRD time and FINALLY PASSED this 4th day of April, 1991. -!J~1A/ ¡2 8I~, Ma or ·. ~,. 7~-_'¥i:- . t-o'.t.). ~/.J>. 'tÍ'i':': - ....'. , .. SPECIAL PRIDE: ANTI-RECESSION AGREBMBNT THIS AGREEKONT made in duplicate thi. 11'9(ay Of~1 1991 BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, AS REPRESENTED BY THE MINISTER OF MUNICIPAL AFFAIRS (Ììér~..j,nafter called the "Minister") OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF KINCARDINE (hereinafter called the "Municipality") OF THE SECOND PART WHEREAS the Municipality has satisfied certain pre-requisites for contribution under the Ministry of Municipal Affairs' Special PRIDE Anti-Recession Program as follows: a) Under section 28(2) of the Planning Act. 1983, the Municipality, by By-law No. 1991-20 has designated as a community improvement project area that area shown outlined in red on the map attached as Schedule "A", hereinafter called the "Area", and b) Under section 28(4) of the Plannina Act. 1983, the Municipality, with the approval of the Minister or the ontario Municipal Board, as the case may be, has adopted a community improvement plan for the Area, hereinafter called the "Community Improvement Plan". AND WHEREAS under section 30 of the Plannina Act. 1983, the Minister, subject to the terms and covenants of this Agreement, has agreed to make contribution to the Municipality of up to 50% of the Actual Costs, as defined in this Agreement. The Parties promise and agree with each other as follows: 1. DEFINITIONS In this Agreement: a) "Accounts" means such invoices, billings, statements, accounts and related documentation required by the Ministry to satisfy it as to the amount or amounts of Actual Costs; b) "Actual Costs" means the costs incurred and paid, including aI)Y money held back by the Municipality under the Construction Lien Act. 1983, by the Municipality for the work and services itemized in Schedule "B" attached hereto; c) "Estimated Costs" means the detailed estimates of eligible costs for the work and services itemized in Schedule "B"; d) "Ministry" means the Ministry of Municipal Affairs for the Province of Ontario, its successors and assigns; e) "program" means the Special PRIDE: Anti-Recession Program; F'. , , ..... -~ i -' . . ., ':1F~':;"--- 2. f) "Project" means the work and services itemized in Schedule "B" and shown on the map attached as Schedule "cn. 2. COMPLETION OF THE PROJECT The Municipality shall complete the Project and submit all its 'progress reports and final claim to the Ministry no later thanJ~nuary 31, 1992. '3. MINISTRY CONTRIBUTìON" a) The Ministry's contribution will be by an advance and a payment to the Municipality of funds totalling 50% of the Actual Costs accepted by the Ministry, up to a maximum total amount of $182,500.00 which amount is an upset limit that will not be increased in any event; b) The Ministry, in its sole discretion, may reduce the amount of its contribution if the Municipality fails to complete the implementation of the Project or fails to submit progress reports and a final claim acceptable to the Ministry on or before January 31, 1992. The amount of the reduction will be 50% of the Estimated Costs for the relevant work or services not implemented or for which acceptable progress reports or a final claim have not been submitted. 4. PROGRESS REPORTS The Municipality shall submit progress reports to the Ministry in the required form not later than June 21, 1991, September 20, 1991, December 13, 1991 and January 31, 1992. 5. ADVANCE AND PAYMENT a) The Ministry will advance to the Municipality 50% of the Ministry contribution, being the amount of $91,250.00, after the Ministry receives a fully executed copy of this Agreement and the Municipality's authorizing by-law; b) The Municipality shall put the funds advanced under paragraph a) in an interest bearing account and all such funds and interest earned thereon shall be used for the Municipality's additional costs, including administration costs, related to the project and not included in the Actual Costs; c) If the terms and covenants of this Agreement have been complied with by the Municipality and if the Project is completed and the Ministry has received acceptable progress reports and a final claim before January 31, 1992, the Ministry will pay the balance of the contribution being a maximum of $91,250.00 Provided that if the Actual Costs are less than the Estimated Costs, the balance of the Ministry's contribution will be paid on the basis of 50% of the Actual Costs; d) After completion or other finalization of the project, the Ministry may undertake a final accounting and audit of the Actual Costs and appropriate adjustments, in accordance with the Estimated Costs, will be made by the Parties. Any overpayment by the Ministry, discovered at any time, shall be refunded expeditiously by the Municipality after receiving a written demand by the Ministry. ~ nq ...-. '~" :,~"", . *.;6 . f I 3. 6. FQOCEDURES The Municipal~ty shall comply with the procedures for the program estabLished by the Ministry from time to time and hereby incorporated by reference in this Agreement, and shall submit progress reports, a final claim and Accounts in the forms and by the methods required and established by the Ministry. 7. SEPARATE FIIii.cu~! ~ECOR~ " '."',:-.-,,,-" The Municipality shall keep separate finåncial accounts and records for Actual Costs and for contribution funds received from the Ministry. 8. RECORDS RETENTION The Municipality shall retain and preserve all documents, contracts, records and Accounts that relate to the work and services done pursuant to the Project for a period of seven (7) years from January 31, 1992. 9. ACCESS TO RECORDS The Municipality shall permit access by duly authorized representatives of the Ministry to such of its documents, contracts, records and Accounts as are relevant to anything done under or relatin~to this Agreement. 10. PUBLIC TENDER The Municipality shall let all contracts relating to the implementation of the Project by pUblic tender unless the Ministry, in writing, waives this requirement. 11. PUBLISHING The Ministry, without any obligation to make payment to the Municipality or any third party, may print, publish or otherwise reproduce in whole or in part, any report, plan, document or other material prepared for the project and may distribute any of the same to any person, persons, corporations, firms or associations or otherwise use same in any manner which they may determine in their absolute discretion and the Municipality shall so provide in all its contracts with third parties relating to the Project. 12. INDEMNIFICATION The Municipality, at all times, shall indemnify and save harmless the Minister and the Ministry from any claim or suit to which they or either of them may be subjected and which may arise as a result of the Project being undertaken or the publication of material pursuant to Paragraph 11 or for any other reason relating to this Agreement. 13. SCHEDULES Schedules "A", liB" and "c" attached hereto are part of this Agreement. 14. NO INDUCEMENT OR COLLATERAL AGREEMENTS This Agreement, including the recitals, schedules and any other documents incorporated by reference herein comprise the whole of the Agreement between the Parties and there are no collateral terms or conditions thereof which are not so contained or incorporated. No representations or ",...,.:- ............ . . ¢. ~." . ~ 4. induc~ents have been made or given to the Municipality which cOUld give cause for non-performance or rescission of this Agreement or any portion thereof by the Municipality. 15. AMENDMENTS Anaìaendment to this Agreement shall not be binding unless it is a~~ledged in writing by both the Municipality and the Minister·~ M~nistry, whichever is appropriate. -.-*,,;,-,,":' 16. NOTICES Any notices which may be given under the provisions of this Agreement shall be sufficiently given if mailed by registered mail, postage prepaid, and in the case of the Ministry or the Minister, addressed to the Manager, Field Management Branch, Ministry of Municipal Affairs, and in the case of the Municipality, addressed to the Clerk of the Municipality, or at such other address as the Parties may, from time to time, advise by notice in writing. 17. TIME OF ESSENCE Time is of the essence in this Agreement. 18. PARTIES This Agreement shall be binding upon and enure to the benefit of the Parties hereto, their successors and assigns. IN WITNESS THEREOF, this Agreement has been executed by the. Parties hereto. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, AS REPRESENTED BY THE MINISTER OF MUNICIPAL AFFAIRS, ~ Per the Minister's delegate, Brian Douglas Riddell Assistant Deputy Minister Municipal Operations Division THE CORPORATION OF THE TOWN OF KINCARDINE ~ tl «b Donna A. Wils or .'..''''-.. - ~~-~.. ~/:;;-~"'- .. "'~"',/~ ../...;~~-......~.......~ - v " ,'. ..- .~. ;.'!. ........... .." e-< :;!: Zlll ~ ~ r.:I H Õ g;¡ ~ ~ ~ ~ () r.:I U ., Z ~ r.:I- .= .~ ~~ o ~ ~~. . Z '!!':ti ~ ::0 CI> '- g íá~ r- :>:: P<P< U P<::¡: en .0: H - o N I .- <TI <TI .- I I I . o z ~ I >< 1!:1 oil e-< ~ r.:I ~¿ / / I . . I" ." o .- ~ .., o f z « .J 0. .- .- Z Z W w :::IE :::IE W I&J ~ ~ 0. 0. ~ ~ ~.~ ~ I&J~ :¡:O:::¡:ct :::IE:):iE1&J O~Oa: U!&.O« '.IOIJ__'. .' 0" C III Q; C I- Z III ~ III I ~ ~ z :;) ",t· o u I······ ..... :!tW .. ......... ....-- , ... , ... ....--. .:; :;:$~$:!-:!,!,::::~':: .~!'!'!'!'::;~,:''::. .:~%~!.:~-:;:::: ::ì~.:.~ ! ,~' , . aa_._ ~M .,," \ ", , f., .. '. ;þ I. 'J':"~. . . "; I" .' · · ,"'," i I · .' 0 " ,.,,:,},' . ""~ . I ! · I I . , ; .... .~ - Ja9J ~-- ~ "","'" :::...' . SCHEDULB 8-1 TO THB ANTI-RECESSION AGREEMENT (APPENDIX D-1 TO '1'HB COMKtJNITY IMPROVBKENT PLAN) PROJBCT COST BSTIMATES (ANTI-RECESSION GRANT) ., TOWN. Q~ . UNCARDIlIE TimiD; pro,.ct Components Cost Municipal provincial .stimate. Share Share (50%) Anti-Recession Grant 1991 Sewers on Durham, South, James , Park Lane $205,000 $102,500 $102,500 Water on Durham , South Lane $ 95,000 $ 47,500 $ 47,500 Reconstruction of Park Lane $ 65,000 $ 32,500 $ 32,500 TOTAL $365,000 $182,500 $182,500 ;J@j¡~ ",,!., . . g u § -~ --=-....: ! ~.,...J ..." Eo< Z r.:I ::;: r.:I ~ ~ Eo< Z ~ " I \ .~ ," i ~~ã . ..~ i ~.~ \. ~ . , I -c 4 t :c: o § :z:: ~ 3 en Eoo Z 1!4 . , , 1.111 \ \ ~ f d ! õé E + ... o :z: