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Home My WebLink AboutBRU 94 025 sign agree works pro THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 94-25 BEING A BY-LAW to authori ze the Reeve and Cl erk to sign an agreement implementing the Canada/Ontario Infrastructure Works Program in Bruce Township. WHEREAS the Canada/Ontario Infrastructure Works Program requires the legal agreements to be executed by by-law. AND WHEREAS the Municipal Act, R.S.O. 1990, Chapter M.45, requires the powers of Council to be exercised by by-law. NOW THEREFORE the Council of the Corporation of the Township of Bruce hereby enacts as follows: 1. That the Reeve and Clerk be and they are hereby authorized and instructed to execute the following agreement attached hereto as schedul e "A" and forming part of this by-l aw wi th the Canada/Ontario Infrastructure Works Program on behalf of the Township of Bruce. Project Infrastructure Works Program Number Reconstruction of Sideroad No.30 Township Garage Expansion and Renovations M41605-02 M41605-03 By-law introduced and read a First time this TWENTY-SEVENTH day of SEPTEMBER, 1994. By-law read a Second time this TWENTY-SEVENTH day of SEPTEMBER, 1994. By-law read a Third time and finally passed, signed, sealed and numbered 94-25 this TWENTY-SEVENTH day of SEPTEMBER, 1994. ~ V ßttrAtfl- -:-.... CLERK REEVE SEAL THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 94-25 - SCHEDULE "B" . :::;..d,e du\<=- - 12," ß'(-Ic.w M.. ~I\-::"'S '- -:.. THE CORPORAi'IOIf OF THE 'l'OIOISBIP OF BRUCE BY-~ RO. 94-25 BEING A BY-LAH to authorize the Reeve and Clerk to sign an agreement impl ementing the Canada/Ontario Infrastructure Horks Program in Bruce i'ownahip. WHEREAS the Canada/Ontario Infrastructure Works Program requires the legal agreements to be executed by by-law. AND WHEREAS the Municipal Act, R.S.O. 1990. Chapter M.4S, requires the powers of Council to be exercised by by-law. NOW THEREFORE the Council of the Corporation of the Township of Bruce hereby enacts as follows: 1. That the Reeve and Clerk be and they are hereby authorized and instructed to execute the following agreement attached hereto as Schedul e "A" and forming part of this by-I aw with the Canada/Ontario Infrastructure Works Program on behalf of the Township of Bruce. Project Infrastructure Works Program Number Reconstruction of Sideroad No.30 Township Garage Expansion and Renovations M41605-02 H4160S-03· By-law introduced and read a First time this TIiENTY-SEVENTB day of SEPTEMBER, 1994. By-law read a Second time this TWENTY-SEVENTH day of SEPi'EMBER, 1994. By-law read a i'hird time and finally passed, signed. sealed and numbered 94-25 this TWENi'Y-SEVENTH IJ-urAU:ë- ~'~ , REEVE ---=-""\ CLERK SEAL ~/~' -... ,!: --.,,-<.-~, SCHEDULE · 'C" --------------- 1. MUNICIPALITY: TOWNSHIP OF BRUCE 2. PROJECT NAME: RECONSTRUCTION OF #30 SIDEROAD FROM CONCESSIONS 10-12 3. PROJECT NUMBER: M4160502 4. LOCATION OF PROJECT: LOTS 30,31 CONCESSION 11,12, BRUCE TWP 5. ELIGIBLE PROJECT COSTS: $100,000.00 As approved and set out in the attached Project Expenditure Schedule. 6. PROJECT START DATE: 1995/05/01 7. PROJECT COMPLETION DATE: 1995/07/31 " ,. \ J ::·:~~~~1£~'~·~:¡";Ü}f:tfÄt~~f;~¥Ä~J}(!.~fj~ri~:~¡~; . - 33,ðôð..Õö . 2.1 IIMIIc8d Maor ~ 2.2 OIlIer .-... cc:;; COfIt8/ Au&reII çaÐta ....... 2.3 s.IIdeI & Employee BeneftIa/ SIIaInIet 8VIIIIag8a "OCIII'" dIIlßIIIoyM 2.4 EqulpmentjMat6rlel 2.6 0IhIIr Costa (specIy)/AuIres coOts (¡ftcI8er) 2.8 Tot8I EIdmItød Project Gross Cœt¡C:otl. 11M totaIlIIImIIIf du projet 103.450 '2..7 LeIs GST Rebatea¡Molns rembourIII...... de II TPS 3,450 2.8 Tot8I Ea1Imated Project Net Cost/Cot. lilt tGflllIIIIImIIIf du IRIet 100,000 ;;ì;'10%t¥t_t.¡.!'" .:·,::;,;¡~~¡¡;rI'.;;;;B~tüi 2..9 Canada C , Infrastructure WorIq¡ capIIaI (FedenlllI1d PIOVIncIII ShInII/ Rec8U8I ¡Jfa. PI'OØia/I1ßI8 8UI'''' travaIDC d'lr1 n c.n.da-OrårID (Pans f6cUqø . provInc\IIe) - 2. 1 0 Local F Own R, IocII 2.11 PrIvate du aecteur prIvé (prIère de oIndre un rapport d'afIaIr88) TOT,\L/TOTAL. . " '-'; <L SCHEDULE ' 'C· , --------------- 1. MUNICIPALITY: TOWNSHIP OF BRUCE 2. PROJECT NAME: EXPANSION AND RENOVATIONS TO TOWNSHIP GARAGE 3. PROJECT NUMBER: M4160503 4. LOCATION OF PROJECT: PART LOT 5, CONCESSION 7 , BRUCE TWP 5. ELIGIBLE PROJECT COSTS: $269,518.00 As approved and set out in the attached Project Expenditure Schedule. 6. PROJECT START DATE: 1994/08/01 7. PROJECT COMPLETION DATE: 1994/10/01 . N>DJ:'1'IOR 1"'''' 1811'. u_. 1118/17 Ap..IøJIIJdy-Slpl/IOd-Ðc/I.Jan..IØI/Af1K"'/IJdy Sept/l :c:1 ~/I Apr~/IJdy-Sept/1 OQ-ÐfIt:I.Jan.Mar/ Avr..ruln JuI Sapr Occ~ ........... AIr....... JIll Sept Oct-otc din 1~1I. AIr""*' "'II' Sept OQ-Dêo JIn..Mar8 i,;;~;~l~;'¡glt;?';~ijt_Ø¡~J~*i ,."...."...."'. ..""'. ".,.".Ù(C!__.'. ftft·'2~.1'·"'.. .- ::.~~{;'~~;,:;.-:. ';-}7.'·; ~....-.~!~ .,. '! ~. .H'~ -Ia-o___ 'fOIIRsmP OF . I .. \ , ~ ( , . 7" 6"7 &f S-6 '2. 2.1 invoiced M8Jor Comlm/ 0cØ8 faáIria - ConInd 2.2 0IhIr.. COI1InICt COfIt8/ ~ ~ ....... du I .. ......... --.,-..-.......... 2.4 ~...,..... 1érIeI. '. 2.6 0IIw Cc ~pecIfy)/AuIres COOts Ë 11' Siqn 550 2.8 Tc:ùI ~ lid Projøct GroI8 Call IIIut tatllllIIIIInIIdI du ~ 119.;:- 2.7.... Sf Pat_¡MoIna c!& fa TPS 4.450 - - 2.8 TI 8IImIIed PlOøct Net CallI t 115.400 _I'" !'II' "'. i(¡¡~ :". ~ ,= ..... o ~ . . - - - U fa 0nImI0 InhaIInIcIur8 CIpIaI (F8dInd and Ic:III SbIrIIII 11& 1ft capital- ProgI........ .. IMInMUIc d'I I CanIda-OnII (P8rII NcWniII 1& :IfCMncIIIe) ,~ PIutnIr'. Own RI8CIUICIS~~ du F :II 2. t 8Ic\or ContIIbuIIons (AIradI....... Case). III du ~.. prW (PrIk8 . aIndt8 un'tappOIt d'1IfUeI) ¡ I , I .. ·()i~ÅŠ':t;f~,ii¡1.I¡:.fç¡;i:f,;;;t;ri~~~J;;~i:~~~f¡~;;~~,";;,\i' ii;1j;i~tf...;;~II#.ÂI~t¡Âiitf..r TexllII,e i1cII from outside edge of 11<1 en ÞOIn left ard ngh! - II' Inch _ 1" incI1_ 3I1e incI1_ lOP Of box. 7 5/8' '\ ""- .,,- ., . IIIDGI'.œ 4 1/11' x 17n". ~ . ;. ·:t '.' lCCAL. PAfI1NEIII IDEN11FICA11ON 1M THIS SP.tœ: $TNII' 1/4' FROM TOP r.... Bold 18 pi; Ieeding: 36øt nn. Bold CIpL S6pt; IId1g 47 pi; -=- cùtD wllholtllit HIm: '""* Bold 1 1 pi; . 1Id1g1Uøt T_ Thwe10 pi; ..... 12.5 øt .- '- r..... 8 pi. Ied1g 10 øt -. .. '''. .: ...... . NB - SAMPLE COPY ONLY TO SHOW LAY-OUT & TYPE FACES. .... ., .:.-..' . .. . . . . equest for T,ENDER Loæm ipsum dolor sit amet. ~_(.,...... adipiscing diam nonummy ni ....i"""'" tlvid,mt ut laoreet doloœ mapa aliquam erat valulpal TENDER DOCUMENTS Ut wisi eaIm IllIIIiDiIII ftIIÏIm. quia IIIIIIrad aad IaIioa nI~~pi& IobodIs nisi lIIallqaipa ea~jt iD Y1IIpIae wIit.. Dr.' P mnteqUIl wi DIum dokø ell feulÌl1 naIIa t..-iUà01t Ut wisi eaIm IllIIIiDim veaiam. quis NIItIud aaâ IIIica allalllc:cxper "'3Cipi11oborlis. PRE-BID fftu¡UÃG Ut wisi eaIm III minim YCIIÌIIII. quis 0SII'ud een:i IaIÌØI IIII.m....... susdpit IobodIs nisi III aIiquip ex ea 1:0"'- consequaL PROJEer NCh..~.. ... Ut wisi ealmlll minim VCDiam, quia nœuud aad IaIion IIII....CCJrper ....iJÌllobonis nisi III aliquip ex ea ilium iusto odio dill",lo.¡m qui blaødit prn I sert 1''1'''''- zzril delenit aupe cIuis dokn Ie feugait nulla faI:ilisi. ADDRESS: Ut wisi enim III minim venha. quis IIOSInIIl exen:i 1atÌOIIllllol11l'lWJlU suscipit Iobonis nisi III aliqÌJip ex ea commodo COIISeCIUIL CLOSING DATE: Lcnm ipsum dolor sit amCL DEPOSIT: nil The lowest or any taldel' not net~ accepted Thi. .....joct i. rUII..... _all IIIe c...... I Oatario IarlUllo_n Wort. p........ ¥ jobsOntario Canadlt - . ~ -r .~ .. ... PROVINCIAL-MUNICIPAL INFRASTRUCTURE AGREEMENT THIS AGREEMENT made this 30th day of August, 1994. BETWEEN: 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", AND: THE CORPORATION OF THE Township of Bruce 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"; AJf.D ~REAS Canada and the Province are committed to the renewal and enhancement of Canada's physical infrastructure; AJf.D ~~ it is agreed that Canada and the Province should invest in the renewal and enhancement of infrastructure at the local community level; ~ ~ ~ - 2 - ~ ~~ Canada and the Province agree that sound investments in infrastructure can promote a competitive and productive economy, generate valuable short and long-term employment and accelerate economic recovery; ~ ~~ the Municipality is also committed to working toward this shared goal of investing to improve public infrastructure and the creation of employment; ~ 1Ð!E~ the Municipality, by By-law dated , 1994 and appended hereto as Schedule "B" authorizes the Mayor, Reeve, Warden or Chair and the Clerk to enter into this Agreement on behalf of the Municipality; ~REPORE the Province and the Municipality agree as follows: 1. Defini'tions 1 , 1 In "thill 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) "lfanagNp·t COIaittee" means the Management Committee establisbed pursuant to section 3.1 of Schedule "An; , ~ ,a - 3 - (e) "Minister" means Minister of Municipal Affairs; (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. ImDlementa~iDn 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) ¡f 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 "COO, 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 .' ..t1ie Municipality ~diately 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 implementátion 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 regulations. 2.6 Upon completion of the implementation of the Project the Municipality shall be responsible for all on-going costs associated with the operation, maintenançe and repair of the Project, 3 . 'renders 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. 3.2 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 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 COIIIIIi ttee; (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 COIIIIIittee, including the salaries and other employment benefits of any municipal employee in proportion to the employee's time solely and specifically devoted to the Project; .¡. .. - 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 Committee; 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. 4.2 (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 eligibl~ 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) If 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 (1/3) of the eligible costs of the Project. (c) A project is not eligible for funding under this . .' .. ~.greement 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, 1995. 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; 5.4 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 when 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. 5.6 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...P'~~ject and the said Report shall be submitted on forms which will be provided by the Province. 5.S 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 InÏormation 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 Project 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 Infrastructure Project undertaken under the auspices of the Canada-Ontario Infrastructure 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 co~~~4~red 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. ~ ~ - 8 - 7.5 All public information material related to calls and tenders for the Project, including Project signaqe, 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.C. 1990, c,F,32, as amended or re-enacted from time to time, 8. Audi~ and InSDection 8.1 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. 8.3 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. 8.4 If·th.-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. 9. 9.1 9.2 10. 10.1 11. 11.1 12. 12.1 .t. ..., - 9 - Indemnification 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, If 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 comprehensiv, 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" t8 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. :t. '~ - 10 - 13 . Notice 13.1 Any notices, invoices, reports or communications under this Aqreement shall be qiven by personal delivery or by reqular mail, posted in Canada, delivered or addressed as follows: to the Ministry: MINISTJI.Y OF MUNICIPAL AFFAIRS CANADA ONTARIO INFRASTJl.UCTURE WORltS PROGRAM OFFICE (COIW) 13TH FLOOR 777 BAY STREET TORONTO. ONTARIO MSG 2ES to the Municipality: The Corporation of the Attn: ~ J - 11 - 14. Schedules 14.1 Schedules "A", "B" and "C" of this Agreement and the provisions contai~ed in those Schedules form part of this Agreement. 15. Alteration or Addition 15.1 No change or modification to this Agreement and Schedules hereto shall be valid unless authorized in writing by both the Municipality and the Province. 16. Bindina 16.1 This Agreement binds the Province and the Municipality to it and their respective successors and permitted assigns. 17. Financial Administration Act 17.1 Notwithstanding any other provision in this Agreement all obligations on the part of the Province and the Municipality are subject to the Financial Administration ~ R.S,O, 1990, c.F,12, as amended or re-enacted from time to time, 18. Failure to Comnlv 18.1 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. 18.2 If_~he_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. 19. DisDute Resolution 19.1 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 WITNESS 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, Reeve, Warden or Chair and the Clerk. GOVERNMENT OF THE PROVINCE OF ONTARIO Witness Minister of Municipal Affairs Date THE CORPORATION OF THE Witness Mayor/Reeve/Warden/Cha~r Date Witness Clerk Date t~ r\~qp,] ~_f'=' :"~l:' : .. 'J O.CJDécret' 105/94 SCHEDULE A EuculÎvt CounCil COlIseil dls minis Ires I hereby cert:tf that the attached is a true copy of an Order made on January 19th, 1994, by His Honour the Honourable Henry Newton Rowell Jackman, B.A., LLB, Ueu¡enant Governor of the Province of Ontario in Council. // -<.-C~;L-..~ ../ ...""",,_-=.-:1'-"'-- / - , ' Députy Cler¡(. EXecutive Council of Ontario Dated at Toronto, January 20, 1594. ~ ~qJ.l OnlatlO ExecutIve CQUncll ConS.11 des mlnlSCres Order in Council ~ "J Décret On the rdcommendatlon 'of the undersigned, the Lieutenant Governor. by and with the advice and concurrence of the Executive Council, orders that: Sur la recommandation du sousslgné. Ie lieutenant-gouvemeur, sur 'avis et avec Ie con- sentement du Conseil des mlnistres, décrète 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 regional unemployment; AND WHEREAS Canada and Ontario are committed to en vironmen talsustaina bili ty 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 Englis.h and in French in substantially the form of the agreement attached hereto. Recommended &,~{;-Z ~ Premier and President of the Council Concurred Q~,v~~ Chair of binet Date Approved and Ordered JAM 1 9 1994 O.C./Décret 105/94 . . . ~ÌI ~. P. c. 199:3-7/2:82 Cecam:er 22, 1993 CAoN.\CA ==UVy :OUNCIL . CQNSEIL PRIVE (~.B. Rae. 820960) ., HIS ~C::I u.:NC"! ':HE GOVE1UlOR G~ IN COUNCIL, on the recommenåation of the Minister of Industry, Science and Technology and the Treasury Boa-~, is pleased hereby to approve the eIr-wry by 'to"'a Minister of Industry, science and Technology and the Presiåent of' the :reasury Board and Ministar responsible for Infrastructure, on behalf of the GOVer%Ul1an': of Canada, into a Contribution Aqreement on :nfrastructure with the Government of the Province of ontario, ~stantially in accordance with the draft aqreement annexeQ hereto. C,tÞ:TIV1£þ TO aE j, T'QUE copy· corlE :;';';='RTIFI£::: C~N~Or æ2: , .- ..-, -- .-. ;:' "':DC'r~'':'=- ...., - . C:p.H~A-01f'.t'AIU:O .. " Y~~R"r1I.Uc:"'r'tßt.Z PROGRAM. AG:REJ:KE!:IT This Aqreem8n~ made ~his day of January ~994. BETWEEN THE GOVERNMENT OF CANADA (herein r.~.rred. tc as "Canada") repreaantad by the Min~ster re.ponsib~. for In%ra.~ructur. and the K1nister of Industry, Sc~ence and Technology AND THE GOVERNMENT OF THE PROVINCE OF . ONTAUO (herein ra%errJ'd to as "the Provine.") represented by the Min~.t.r of Economic Development and Trade and the M~ni~ter of Municipal Affairs. WHEREAS Canada and the Province agr.e that th.re is a neeci to renew anci enhance Canacia'. anci Ontario's physica~ ~nfrastructure, notab~y in ~ocal commun~tie.; A~ WHEREAS Canada and Ontario agree that sounci invest~enta in infrastructure can promote a competitive and productive economy, generate v.~uaÞle ahort and long-term .mployment and accelerate economic recovery; . . AND WHEREAS Canada anci on~ario agree that it is opportune to invest in ne.ded Infrastructure in periods of high national or regional unemployment; AND WHEREAS Canada and ontario agree that such investm.nts need to be undertaken in an efficient anà timely manner; AND WHEREAS Canada and on~ario are committ.d to environmental suatainability anà recognize thet infrastructur. inv.atmBft~ can enhance the quality of the .nvironm.nt; AND WHEREAS the Governor in Council by Order ~n Council P.C.~993-7/2~82 dat.d, December 22, ~993 nas autnorized ~h. Minister of Xnfrastructure together, with the Minister of %ndustry, sci.nc. and Techno~09Y to .xecute ~is Aqree..nt on behal~ of Canada; AND WHEREAS ~e t.ieutenan~ Governor in Council, 1::Iy ord~ in Council. 0% the ciay o~~99 , has authorized the Minister of Economic Develop..nt and Trad. and the Ministar of Municipa~ Af~aira to' enter into this Aqr....nt on behalf of the Province of Ontario; NOW THEREFORE THJ:S AGR!:EKE:NT W1:TNESSETH that 1n considera~ion or the premises, cov.nants and agreements herein contained, the parti.. hereto covenant and agree as tol-lows: " .... 2 - 1.0 ~EFX.XTXDN. ~.1 In this Agreement, unless the context requires otherwise, Ca) "Can..d..." means Her Majesty the Queen in Ri<;h1:., ot canad.a; Cb) "Contributors" inc1.udes any 10ca1. <;overnment and. any bod.y corporate. whether public or private, sharing in the Eliqible Costs ot a Project; (Þ.1.)"Eligj"Þle Costs" means those cos;s detined in 7.1. ot this Agreement, CC) Cd) Ce) ct) Cq) Ch) (i) (j) (Ie) Cl) "F.d..ral Minister" means the Minister responsible tor Infrastructure and includes anyone authorized. to act on the Minister's b.ha1.t; . "Fed.ral Imp1......ntinq l1in1ster" means the Minister or Xndustry, Science and Techno1.oqy and includes anyone authorized to act on the l1inister's beha1.t; "F_d..ra1. Ministers" means the Federal MiniSter and. ~ Fed.eral Implement~~q Minister; "Fiscal Year" .eans the period commenc::inc; on April 1. of any year and terminatinq on March 31 or the immediately tollowinq year; "I:n~r..'t:rùc't.ur." ..ans phys.ica.1 capit~J.. assets in Canada instrumenta1. in the provision of public services; "Local qavernmerrt:s" means villaqes: .towns; townships; citi.s; counti..; rec;iona1.. district and metropolitan municipalities; the County of Oxtorc!.'ancl. school boards; "ManalJem.nt Co_itt.... ",eans the committe.. established pursuant to Section 3,1. of this Agr....nt re.pona1b~e tor manaqinq and administerinq this Aqreement; "M~1ster." means the Federa1. Min1st.rs and the Provinc1a~ Ministers; "Minist.r r.spon.ib~e tor :Infrastructure" .eane the presid.nt ot the Treasury Board of Canada 1n bis capacity as Minister re.pons1b1.e tor Infrastructure and inc~ud.s anyone authorized to act on the Minister's bena1.f; "Parti.s" m.ans CANADA and the Provine. of ONTARXO¡ Cm) "Project" means a proposed Inrrastruc1:.ure proj.ct that receive. approval tor 1mplementa~10n ~y the Manaqement Committee as per ..ction 3.5 of this Aqre.ment; Cm.l) "Provine." means the Province of Ontario; .. -" 3 - (n) "Provincia1 Xmp1ementinq Minister" means tne Minister of Economic Development and Trade and inc1udes anyone authori~ed to act on tne Minister's benalf; (0) - - "Provincia1 Minister" ....ans the Ministar or Municipa1 Affairs and inc1ude. anyone authorized to act on ~he Ministar's behalf; "Provincial Hinister(s)" means the Provincial Minister and ~he provincial Implemen~inq Minister; and ' (p) "Third Party" maans any person. other than a Party to this Aqreement or a Con~ibutor, with whom an aqreament 1s siqned tor the completion or a project. 1.2 Words in the sinqu1ar include the plural, and words in the p1ural include the sinqular. (q) . 2.0 plD\Poaz 2.1 The purpose of this Aqreement is to enable CANADA and the Province of ONTARXO, in co-operation. whera and as appropriate, with Contributors to undertake a proqram ot investment in order to: . reneW and enhance the quality of Canada's and Ontario's infrastructure which is ' instrumental in the provision of pub1ic services, notably in local communities; and, . provide for tiae1y and effective employment creation. 3.0 HAHAGZKENT·AKD COOKDXNATXON ~g~ab1i.hm."~ and YM~.rna1 ~18s . 3.1 A Manaqement Committee sha11 be establi.hed to administer and manaqe this Aqreement. Zt shall consist of four members, two to be jointly appointed by the Feder-a1 Ministers ,and two to be appointed by the provincial Minister(s). :Xn addition, the Federal Ministar and the Provincial Minister may each appoint one representative as an ex-o~~icio member o~ the Manaqe~ent committe.. The Manaqem.nt CQmm~ttee Shall continua to exist and operate for as 10nq aa nece.sary to meet the requirements o~ the Aqreement. 3.2 The Manaqement Co~ttee sha11 be haaded by two Co-chairs. one ~ro. the two tedera1 mambers. to be known as the redara1 Co-chair, and one rrom the two provincia1 .eabars, to be known a. the provincial Co-chair. The federal and provincia1 mambers not appointed,as CO-Chairs sha~l act, in absence or th.ir CO-Chair, as the substitute. 3.3 The Manaqament Committee shall m.et on a time1y basis at such p1aces and on such dates as may be aqreed by the co-chairs. A q...or\>1ll 1!or all meetinqs of the Manaqement Committee 5ha11 be made or the Canada Co-chair or substitute member and tha Provincia1 Co-enair or substitute member; 3.4 Decision. o~ the Manaqement Committee can only be ... .. - 4 - ac~ed ~pon i~ aqreed by ~he Co-chairs or ~heir respec~ive subs~itutes duly ac~inq tor them. Þ~o1~~~ Revi.w A"d gAl.~inn 3.3 The Management Committee shall: (a) assess all naminated projec~s, make an approval detarmina~ion b~t ensure that no nominated project is approved atter March 31, 1996. . (b) develop, where appropriate and in a timely manner, quid_line. for the eliq~bility, assessment and approval ot nominated projec~s havinq d~e regard to the following criteria: . · incr.men~lity and/or acceleration ot invest:men'C; · Bho~ and ~onq-t.rm job 'creation; · enhancinq Canada's and Ontario'. economic competitiveness; · us. of ~vativ. t.chnc~Q9ie.; · brinqinq intras~=uc~~re up to community standards. codes ·and by laws:. · enhancinq long-term skills in ~he worktorce; . · enhancinq environmental q~ality and sus1:ainability; · use 'of scand innovative financinq techniques which may include priva~e capital; and · distribution o~ proqram benetits within Ontario. (0) ensure that aDY'projec~ is . consistent with provincial CApital planninq practices, quidelines and any ovarall iDfrastructure development plan(s) a:f.c~inq the particular reqion or area cr the Province; and, . structured as to ensure that any ongoing additional operating costs are borne by ~e project proponent and tha~ aatiafactøry financial arrangements are in place ar have been approved by the JTovince. (d) eneUre that a~ con~rac~. awarded for the implementation of a project incorporate the relevant proviAions ot this Aqreement. 3.6 ~t is understood and agreed by Canada and the Prov:! '~ce that ebe projec~ approval process shall be in~ti8ted by the Provincial Co-chair Who shall nomiaa~e projects. The Province shall promptly inform the federal Co-Cha~r of all project proposals or requests as they are received from potential Contributors. (b) It is understoad and agreed by the Part~es tha~ ~he Province wi11 consu1~ wi~h 10ca1 qovernments an4 others, with the purpose of advising the Province on project identification and management of ~his Infrastructure Program. (a) ~ , 5 - Ad~jnistrBtion 3.7 The Manaqement committee shall be responsiÞle for the administration and manaqement of this Aqreament, and without limitinq the qanerality of the foreqoinq, shall: Ce) ensure that the expected completion date of a project shall not be later than March 31, 1997; (b) ensur~ the implementation of the manaqement information and evaluation provisions of this Aqr..ment and ensure a free flow of information between the PartieS; , (c) adopt such standards, procedures, forms (Qq. Project Authorization form), reports and quidelines cons~.tent with this Aqre.ment as it deems expedient and appropriate to achieve its purpose; Cd) establieh Sub-Committees as may be required from time to time to assist in the manaqement of this Aqreement, del.qate to them all necessary authority to carry out their mandate and establish all procedures with respect to its own meetinqs and those of the SUb-committees, includinq rules for the conduct of meetinqs and the makinq of decisions where the members are not physically present; and Ce) carry out any other duties, powers and functions specified elsewhere in this Aqreement or as may b. assiqned to the Manaqement committee by the Ministers to accomplish the Purpose of the Aqreement. 4.0 XHPLEHZHTAT%ON 4.1 SUbject to the terms of this Aqreement, the Province shall undertake or shall cau.e to be undertaken the implementation of all projec~s. 4,2 The review, approval and implementation or any projects shall be undertaken in mutual respect or applicable federa~ and provincial environmental leqislation. 5.0 CORTBACT .ROCEÐURS8 5.1 All contracts to be entered into by the Province or by any Contributor with a Third party for the due implementation or a project shall be awarded and administered in accordance with the administrative, manaqament and contract prQcedures within the Province. 5.2 All contracts entered into pursuant to Section 5.1 sha11 1nccrporate the re~.van~ previsions of this Aqreement and in particular, that . any o~ the .cabers ot the Mana9.men~ Committee shall be permitted, at all ~ ' -~6 - ~ reasonable times, to inspec~ the terms o~ the contract anà any recoràs anà accounts ma~ntain.d thereunder. . a~l applicable labour, environmental anà human rights leqia~ation anà stanàaràa shall be respecteà; · the Thirà party shall inàemni!y anà save harmless the Parties to this Aqreement and their Ministers, officers anà emp~oy.es from and against al~ claims, demands, losses, damages, costs of any kind based upon any injur~ or àea~h o~ a person or damaqe to or loss o~ property arising from any willfUl or negligent act, omission or delay on the part Of the Third party or its servan~ or agents in carryinq ou~ the cQn~raC~i 5.J The Province and, where applicable and at tne demand of the Province, the contributors or any Third party shall indeanify and save harm~ess canada, its Hinis~er., officars and employees from and against a~l cla~ms anà demanàs arising out of the implementation, operation, maintenance and repair of such project except to the extent that claims and demands relate to the act of negligence or breach Of duty of any officer, employee or agent of Canada. 5.4 Upon the completion of any project, the Province or , where app~ioabl., the con~ributor or any T~~rd party to whom is assiqned the on-goinw responsibility tor such project sha~l ~ak. over full respcnsiDility for tha~ project's operation, maintenance and repair, except in caseS where o~her arran9.m.n~s b.~v.en Par~1as n.re~D speci:ically apply. . . 6.0 FXHAHCXAL PROVX8XOH8 6.1 (a) Notwithstandinq anythinq in this Agreement but sUDject to tne e~press condition that there Þ. an appropriation Þy the Parliament o~ Canada for ~. funds necessary for the Fiscal Year in which they are required, the total contriÞution by Canada under this Awreement shall not exceed $722.J70 million. .. . ,~ - B (~) any o~her admin~stra~ive cos~a no~ otherwise covered in (a),(o) and (c) above, includ.nq ~hose rererred to in sec~ions 9.1 and 10.~ or this Aqreement, which have been d.~ermined and approved by the Manaqement Commit~ee¡ but shall not include COSts which are for: (e) servic.s or works normally provided by either Par~y or Contributor or any other aqency ot either Party or Contribu~or; and, (r) the costs or any lands or any interest therein. 7.2 Subject to this Aqreement, each Party and, where applicable and at the demand of the Province, the Contributors ehall be responsible for con~ribu~.r.q to ~he Eligible Costs or projects implemented under this Aqreement. 7,3 Payments by Canada shall be promptly made to the Province on the basis or proqress claims settinq out the costs actually incurred and paid for the proje~~, submitted in a form and verified- in a manne~.a~israc~ory to Canada. 7,4 Xn order ~o asaist with the in~erim financinq of any projec~. Canada may maxe interim payments ~o the province ot up to on. hundred percent (100%) ot Canada's ahare of claims submitted. based on e.tima~es. certiried by a senior officer of the Prov.ince, of costs actually incurred. 7.5 The Province shall account ror each in~erim p~yment by submittinq to Canada, within ninety (90) days after such paym.n~ by Canada. a detailed statement or the actual expenditures incurreä and paid, veriried in a manner sacisfac~ory to Canada. AnY discrepancy between the amounts paiä by Canada oy way or in~arim payments and the amounts actua11y paid oy the Province sha11 be promptly adju.t&à betw.en the Þar~ies. . 7. 6 Notwith.~andinlj anythinq "in .ection 7.4, the Province sha11 not be entitl&à to any interim payment in a sub.equant fiscal year until a11 such paymant.raceived by the Province in a previous riscal year have Dean repaid or accounteä ror in a manner satisractory to Canada. . 7.7 No c1ai. aha11 oa paid oy the Parties unless it is recaivad on or b~ore March 31 of the year r0110winq the Fiscal Year in which the Eliqible Cast is incurred and, in all circumstances, no later than March 31. 1998. 7.8 ~e Manaqement Co~ttee shall not normally consider cost overrun. on projects approved under this Aqreement unl.... and only in axceptional circumstance.: (a) the party implementinq the Project infor~. the Manalilemant Commit~.e immediate1y when it became aware tha~ a cost overrun was probable: and. - 9 - ~. .. (b) the Manaqemen~ Coma~ttee approv.~, as be~nq j~t~ried, the ~nc~usion of ~e cost overruns; and (c) fun~s are avai~able to cover sai~ costs overruns, 8.0 AUD%~ AND %BSPZCTZQH 8.1 Canada and the Province aha11 ensure that proper and ac~ate accounts and records are maintained with reapect to each Project un~ertak.n pursuant to th~. Aqre..ent and eha~l. upon reasonable notice, aakp SUCh accounts and record. avai~able for inspect.on. 8.2 Accounts shall Þe maintaine~ for a period of three years beyond Karch 3~, 1996. 8.3 Each of the Par~ies aay inspect the amounts of all claims ~n respect of any project implemente~ un~er ~his A~e..ent and thè accounts and recor~s related thereto. Any discrepancy between the amounts paid by any of the Parties and the amount payable under this Aqreement shall Þe prompt1y adjusted between the Parties. 8,4 Each of the partie. hereto will provide to any member of ~e Manaqement Committee on request a11 information that would indicate that a Project hareundar has been undertaken or comple~.d and the costs incurred with respect thereto. '.0 PROGJUUI II:V7.LUA~%OH 9.1 The Management Committee shall approve a plan and bu~get for the evaluation of the proqram of %nfrastructure within six months of the signing of the Agreement. Costs associated with th, evaluation sha1l be share~ equally by ~he Parties. 9,2 T~e evalua~ion plan shall 1denti~y: responsibilities ror evaluation activ1ty and data co11ection¡ evaluation issues; and, the eharaeter and tiøinq of data collection. 9.3 The Manag..ent Committee sha11 approve the terms or rarerence tor the eva1uation befora it is undertaken. 9.4 The Management committee shall submit to the Ministers an evaluation report no later than twelve months arter March 31, 1996. 9.5 Sach Party will provide the other with all relevant intormat~on .s may reasonably be required tor such evaluation. '" ""-"10 :1.0.0 PUBLJ:C ZIQ'OJUGT%OH i' ! 10.1 Canada and the Province hereby aqree to undertake, and where appropriate, in cooperation with any Contributor, the deve10pment and delivery or a public in~ormation P~n ror the t~ of this Aqre..ent which will enhance opportunities forappropriata, cont~uous and consistent recoqnition for fedara1-provincia1 co-operation activities under this Aqree.ent. The mechanisms thereof sha11 ba determined by the "anaqe.ent Committee. Costs a.sociated with the development and delivery Of the P1an shall be shared equally by the Parties. 10.2 No pub1ic announc_e>rt. of an activity under this Aqraament shall be made by a Contributor without the prior consent of the Manaqe.ent Committee. 10.3 Public announcements and orficia1 ceremonies concerninq measure. covered and project. approved under this Aqreement ehall be mad. and orqanized jointlY by the parties and they each shal~ have an equal opportunity to participate, Costs associated with any public announcement and official ceremony by the Partie. and/or Contributors shall be Eliqible Costa. 10.4 All public information material joint1y approved by the Partie. in re1ation to this Aqreement shall b. in both· Enqlish and French and indicate that the project is bainq imp1emented pursuant to thi. Aqre_ent and shall fairly reflect the contr~tion o~ the Parties and the Cont;ibutors, 10.5 All pUblic information material related to calls and tenders for projeeta produced for or by Third parties, includinq project 5iqnaqe, racaivinq fundinq under this Aqreemsnt .ha11 clearly and prominently indicate that such fundinq was provilied unlier the terms o~ this Aqraement and it shall be a conliit~on of euch ~undinq that the r.c~p~ant con~orm to this clause. J.0.6 <a I Canada and ontario may provide, instaJ.l at the appropriate location, and mainta~n throuqhOUt the duration of sach project, one or more siqna lndicatinq that the Project is an In~ra.tructure Project undertaken unåar the auspice. of this Aqreement or bearinq any other such messaqe approved by the Kanaqement Co_i ttee; and, Cb) Canada and Ontario mey provide and install, upon completion o~ any Project, where feasible, a plaque or permanent .iqn bearinq an appropriate inscription. - 1.1. - ". ·ø, .. .1:1..0 a~~ 1.1.1. Th~s Agreemen~ may be amended from t~me to t~me on writt.n agr.em.nt of the Federal M~nist.rs and Provincial Ministars. It ~s expressly agreed and· understood, however, that any am.ndment to Section ~.o dealing w~th PURPOSE, to the part of Su~..ction 3.S(a) dea1ing with the last approval date, to Subsections 6.l Ca) and 6.% Ca) dealing with the financial partic~pation of Canada must be approved by the Governor ~n Councilor must o~tain any oth.r approval that may b. otherwis. statutorily required. . 1.l.% No .ember of the House of Commons of Canada or of the Senate of Canada or of the L.gislative Assembly of Ontar~o shall be admitt.d,to any share or part of any contract, agr..ment or commission made pursuant to this Aqreement or to any ~enefit aris~ng therefrom. . 11..3 Noth~ng in this Agr....nt is to b. construed as authorizinq one Party or, at the demand of the Province, any Contributor to contract for or to incur any obl~qat10n on behalf of the other or to act as aqent'fór the other.' All prop.rty including patents, copyr~qhts and other intellectual property and any revenue acqu~r.d aa a result of the work performed under any approved projects shall be d~sposed of.. l.icensed or otherW~s. d.alt with as the Management Committ.e may from time to tims d.t.rmine. 1..1.4 11.5 Notwithstanding any other provision of this Agre.m.nt, all obli~tions' of Canada incurred by virtue of th~s Agreement shall be subject to the Financial Administration Act. . l1.6 Ca> Any dispute b.tween Canada and Ontario hereto or any question Of law or fact arising out of this Agreement shall b. submitt.d to and determined by tha Federal 'court of Canada pursuant to the Federal Court Act of Canada. Cb) Any dispute arising from contracts .ntared into pursuant to Section S.1 of this Agre.ment shall b. submitt.d to and det.rmined by the court having jurisdiction and gov.rning said contracts. -...--.- , , . . À~..1j IN WITNESS WHEREOF this Ag~e..ent has been .xecu~e~ on behalf of Canada by ~he Minister of Inf~astructure and the Minister o~ IndUst~y, Science and Technology and on behal~ o~ the Province of Ontario by the Minister of Economic Development and T~ade and the Minister of Municipal Af~air.. In the presence of GOVERNMENT OF CANAt)A ~ Witness P~.siden~ o~ Treasury Board in his capacity as Minister responsible fo~ Infras-:ructure wi.tness Minister of Industry, Science an~ Technoloqy GOVERNMENT OF PROVINCE OF ONTARIO Witness Minister of Economic Development and Trade Witness Ministar of Municipal Af~airs