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Home My WebLink About10 029 Federal Gas Tax Amended Municipal Funding Agreement By-Law• THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY -LAW NO. 2010 — 029 BEING A BY -LAW TO AUTHORIZE THE SIGNING OF AN AMENDED MUNICIPAL FUNDING AGREEMENT WITH THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO (AMO) FOR THE TRANSFER OF FEDERAL GAS TAX REVENUES WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS Canada, Ontario and Ontario municipalities, as represented by AMO and Toronto entered into an Agreement for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities on June 17, 2005 (amended on June 20, 2007), whereby AMO agreed to administer funds on behalf on Ontario municipalities made available pursuant to the Canada- Ontario- AMO- Toronto Agreement on behalf of Canada; AND WHEREAS Canada, Ontario and Ontario municipalities, represented by AMO, and Toronto have amended the Canada - Ontario -AMO- Toronto Agreement on September 3, 2008, in order to confirm municipalities' Gas Tax Fund allocations to 2014; AND WHEREAS with the passage of By -law No. 2006 -008 The Corporation of the Municipality of Kincardine entered into a Municipal Funding Agreement with AMO for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it advisable to enter into an amended Municipal Funding Agreement with AMO, attached hereto as Schedule "A "; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into an amended Municipal Funding Agreement with AMO for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities. 2. That the Mayor and Chief Administrative Officer be authorized and directed to sign and execute, on behalf of the Council of The Corporation of the Municipality of Kincardine, the amended Municipal Funding Agreement with AMO, attached hereto as Schedule `A' and to affix the corporate seal. • • Page 2 Federal Gas Tax Amended Municipal Funding Agreement By -law By -law No. 2010 - 029 3. That this By -law shall come into full force and effect upon receipt by the Municipality of Kincardine of a duly signed copy of the Amended Municipal Funding Agreement with the Association of Municipalities of Ontario (AMO). 4. This By -law may be cited as the "Federal Gas Tax Amended Municipal Funding Agreement By -law ". READ a FIRST and SECOND TIME this 17 day of March, 2010. ctrayor Clerk READ a THIRD TIME and FINALLY PASSED this 17 day of March, 2010. • _ r � - 1 11 yor Clerk b. End of Funds definition is deleted and replaced as follows: "End of Funds" means March 31, 2014. c. Infrastructure Program definition is deleted and replaced as follows: "Infrastructure Program" means Canada's infrastructure programs in existence at the time of the execution of this Agreement. d. Large Municipalities definition is deleted and replaced as follows: "Large Municipalities" means those Municipalities with a 2006 National Census data population of 500,000 or more including the Regional Municipalities of Durham, Peel and York and the Cities of Hamilton, Mississauga and Ottawa. e. Treasurer definition is added: "Treasurer" means a municipal treasurer as defined in subsection 286(1) of the Municipal Act, 2001 (Ontario). f. Treasurer's Certificate definition is added: "Treasurer's Certificate" means a written statement by the Treasurer to be prepared and delivered to AMO as set out in section 7.1i hereto and in the form identified in Schedule H attached. 3. Section 2.1 is deleted and replaced as follows: 2.1. Term. Subject to any extension or termination of this Agreement or the survival of any of the provisions of this Agreement pursuant to the provisions contained herein, this Agreement shall be in effect from the date set out on the first page of this Agreement, up to and including March 31, 2015. 4. Section 3.1c is deleted and replaced as follows: c. ensure that there is no reduction in capital funding provided by Municipalities for Municipal Infrastructure. 5. Section 3.1d is deleted and replaced as follows: d. In the case of Recipients that are Municipalities in excess of 100,000 in population, ensure that over the period of January 1, 2010 to March 31, 2014 the Recipient's capital spending on Municipal Infrastructure shall not fall below its Base Amount; and, 6. Section 3.1e is added: e. ensure any of its contracts for the supply of services or materials to implement its responsibilities under this Agreement shall be awarded in a way that is transparent, competitive, consistent with value for money principles and pursuant to its adopted procurement policy. 7. Section 4.2 is deleted and replaced as follows: 4.2. Exception. For Large Municipalities, the list of eligible categories shall consist of no more than two (2) of the categories in Section 4.1 a. to f. 8. Section 5.4 is deleted and replaced as follows: 5.4. Retention of Receipts. The Recipient shall retain all evidence (such as invoices, receipts, etc.) of payments related to Eligible Costs and such supporting documentation must be available to Canada when requested and maintained by the Recipient for audit purposes in accordance with the municipal records retention by -law. 9. Section 6.7 is deleted and replaced as follows: 6.7. Expenditure of Funds. The Recipient shall expend all Funds by December 31, 2016. 10. Section 6.8 is deleted and replaced as follows: 6.8. GST and HST. The use of Funds is based on the net amount of goods and services tax or harmonized sales tax to be paid by the Recipient pursuant to the Excise Tax Act (Canada) net of any applicable rebates. 11. Section 7.1 h is deleted and replaced as follows: h. an annual Audit Statement, if Funds were applied to Eligible Costs incurred for Eligible Projects in respect of the previous Municipal Fiscal Year. An annual Audit Statement is to be prepared by the Recipient's auditor in accordance with section 5815 of the Canadian Institute of Chartered Accountants Handbook – Special Reports — Audit Reports on Compliance With Agreements, Statutes and Regulations, providing assurance that the terms of the Agreement have been adhered to and Funds received by the Recipient have been spent in accordance with the Agreement; 12. Section 7.1i is added: i. a Treasurer's Certificate, if Funds were not applied to Eligible Costs incurred for Eligible Projects in respect of the previous Municipal Fiscal Year. A Treasurer's Certificate is to be prepared by the Recipient's Treasurer, providing assurance that activity related to sections 6.4, 6.5, and 11 has been conducted within the terms and conditions of the Agreement. 13. Section 7.2 is deleted and replaced as follows: 7.2. Outcomes Report. The Recipient shall account in writing for outcomes achieved as a result of the Funds through an Outcomes Report to be submitted to AMO upon completion of an Eligible Project and to be made available publicly in manner consistent with financial reporting under the Municipal Act, 2001 S.O. 2001 c.25 by March 31 of the following Municipal Fiscal Year. a. The Recipient's Outcomes Report shall report in writing on the cumulative investments made, in a manner to be provided by AMO, including information on the degree to which these investments have actually contributed to the objectives of cleaner air, cleaner water and reduced greenhouse gas emissions. 14. Section 9.2 is deleted and replaced as follows: 9.2. Separate Records. The Recipient shall maintain separate records and documentation for the Funds and keep all records including invoices, statements, receipts and vouchers in respect of Eligible Projects that Funds are paid in respect of in accordance with the municipal records retention by -law. Upon reasonable notice, the Recipient shall submit all records and documentation relating to the Funds to Canada for inspection or audit. 15. Notwithstanding the date of execution of this Amendment Agreement, the provisions of this Amending Agreement are in effect as of January 1, 2010 and continue in effect for the duration of the term of the Municipal Funding Agreement For the Transfer of Federal Gas Tax Revenues Under The New Deal for Cities and Communities. 16. Section 14.3 is deleted and replaced as follows: 14.3. Addresses for Notice. Further to Section 14.1 of this Agreement, notice can be given at the following addresses: a. If to AMO: Executive Director Federal Gas Tax Agreement Association of Municipalities of Ontario 200 University Avenue, Suite 801 Toronto, ON M5H 3C6 Telephone: 416- 971 -9856 Facsimile: 416- 971 -6191 Email: aastax(c�amo.on.ca b. If to the Recipient: John DeRosenroll CAO Municipality of Kincardine 1475 Concession 5 R.R. #5 Kincardine, ON N2Z 2X6 Telephone: (519) 396 -3468 Facsimile: (519) 396 -8288 Email: cao @kincardine.net 17. Section 15.4 is deleted and replaced with the following: 15.4 Survival. The following schedules, sections and provisions of this agreement shall survive the expiration or early termination hereof: Sections 5, 6.7, 7, 9.3, 10.4, 10.5, 11, 12.3, 15.7, and Schedule G. 18. Section 16.1, Schedule A is amended as attached. 19. Section 16.1, Schedule H is added as attached. 20. Except as amended herein, the provisions of the Municipal Funding Agreement For the Transfer of Federal Gas Tax Revenues Under The New Deal for Cities and Communities remain in full force and effect. SCHEDULE A SCHEDULE OF FUND PAYMENTS RECIPIENT'S NAME: The Corporation of the Municipality of Kincardine The following represents the minimum Funds and schedule of payments over the life of this Amending Agreement. Year Schedule of Fund Payments July 15th November 15th 2010 $171,365.89 $171,365.89 2011 $171,365.89 $171,365.89 2012 $171,365.89 $171,365.89 2013 $171,365.89 $171,365.89 To the Association of Municipalities of Ontario SCHEDULE H TREASURER'S CERTIFICATE As the Treasurer of the Corporation of <INSERT MUNICIPAL NAME >, I acknowledge that for the 20_ Municipal Fiscal Year, there were no Eligible Costs incurred for Eligible Projects under the Agreement. confirm that the Corporation of <INSERT MUNICIPAL NAME> received its Federal Gas Tax allocation for the 20 Municipal Fiscal Year within the terms and conditions specified in section 6.4 of the Agreement. I also confirm that the carry-over of unexpended Funds followed the terms and conditions of section 6.5 of the Agreement. Specifically, the interest earned on unspent funds has been calculated on a reasonable basis, the interest was calculated on a similar basis as other reserve and reserve funds, and that the interest rate used is comparable to the one used for other reserve funds which are required to earn interest. I also confirm that the title to Municipal Infrastructure resulting from Eligible Projects is retained by the Corporation of <INSERT MUNICIPAL NAME> as specified under section 11.1 of the Agreement. As the duly appointed Treasurer of the Corporation of <INSERT MUNICIPAL NAME> I hereby certify that, as at December 31, 20_, activity related to the Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues Under the New Deal for Cities and Communities dated <INSERT DATE ON MFA> between the Association of Municipalities of Ontario and the <INSERT MUNICIPAL NAME >, has been conducted within the terms and conditions set out in the Agreement. Name: Title: <INSERT MUNICIPAL NAME> Date