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THE OORPORATION OF THE 'IDWNSHIP OF KINCARDINE
BY-LAW 00. 83 - ,,?£"
A BY-LAW 'ID AlJlB)RIZE THE REEVE AND c::LEæ: 'ID
EXEDJl'J!: AN AGREEMEm' WITH am MAJæTY THE ~,
IN RIGHT OF THE PROVINCE OF CNI2\RIO, AS REPRESENl'ED
BY THE MINIS'l'æ OF THE ~.
WHEREAS it is deemed expedient and desirable to enter into an Agreaænt
with The MinistIy of the Enviranœht pursuant to the Environmental
Protection Act, 1971.
J:OJ THEREroRE THE axJNCIL OF THE CDRPORATICN OF THE 'IDWNSHIP OF KINCARDINE
EN1\CI'S AS PO.LI.<MS:
1. The Reeve and Clerk are hereby authorized and directed to execute
and the Township Clerk to affix the CotpOrate Seal to, on behalf of
the CotpOration, an 1\yu=dent bebiieen Her Majesty the Queen, in Right
of the Province of Ontario, as represented by the Minister of the
Environment and the CotpOration of the Township of Kincardine,
dated the 4th. day of July, 1983 upon and subject to the terms there-
in stated; a copy of such Ag:rea.œnt being hereto attached and maiked
as Schedule "A" to this By-Law.
2. This By-Law shall cane into full force and effect upon the final
passing thereof.
Read a first time this 4th day of July, 1983
Read a second and third time and finally passed, signed and sealed
this 4th day of July 1983.
THE CDRPORATION OF THE
'IDWNSHIP OF KINCARDINE
PER: X .~
Reeve
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Ontario
Ministry
of the
Environment
Southwestern
Region
Owen Sound District Office
1180-2Qth Street East
P.O. Box 967
Owen Sound, Ontario
N4K 6H6
(519) 371·2901
June 23, 1983.
Mrs. M. Eskrick,
Clerk,
Township of Kincardine,
R. R. # 5, Box 14,
Kincardine, Ontario.
NOG 2GO
RECEIVED
JUN 27 1983
TWP. Of KINCARlìl¡~E
Dear Madam:
Re: Township of Kincardine
Waste Management Site Improvement Fund F/Y 83-84
Attached you will find three copies of the above
noted contract for the Township of Kincardine. All
three copies of the contract should be completed as
follows:
(1) The appropriate signature on page 5
should be obtained.
(2) The corporate seal should also be on
page 5.
(3) A by-law should be passed covering the
work outlined in the contract. The by-
law number should be listed on the first
page of the said contract. Please attach
a copy of the by-law to each of the 3
contracts.
All three copies should be returned to this office
as soon as P9ssible. Once the Minister's signature has
been obtained on the contracts, a copy will be forwarded
to your attention.
If you have an questions, please do not hesitate
to contact our P. Bye at any time.
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Attch.
Yours very truly,
(jJ.~
cJ1. pag~7J~_Eng.,
District Officer,
Municipal & Private Abatement,
Southwestern Region.
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THIS INDENTURE made as of the ¥d day of H . 19a.1.
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO AS REPRESENTED BY THE
MINISTER OF THE ENVIRONMENT
(herein referred to as the "Crown")
OF THE FIRST PART
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THE CORPORATION OF
THE TOWNSHIP OF KINCARDINE
(herein referred to as the
"Municipality" )
OF THE SECOND PART
WHEREAS the Crown wishes to enter into an agreement with the Municipality
to provide for the protection and conservation of the natural environment
by the carrying out of the work described in schedule "A"; and
WHEREAS the Municipality is
performance of such work; and
WHEREAS the Council of the
passed By-Law No. g9-~~
agreement.
prepared to carry out or administer the
Municipality on the day of H J/It-, 1983,
authorizing the Municipality to enter into this
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THE PARTIES AGREE PURSUANT TO CLAUSE (j) OF SECTION 3 OF THE
ENVIRONMENTAL PROTECTION ACT:
1. Subject to the terms of this agreement. the Crown will pay the
Municipality the amount specified in Schedule "A".
2. The Crown shall only be liable to make payments to the Municipality
with respect to amounts for which a written account has been
received by the Crown prior to the date specified in Schedule" A",
or such later date as the Crown approves in writing. Accounts may
be submitted periodically but not more frequently than monthly.
3.
The Crown shall not be liable to pay more than the total of the
amount specified as maximum amounts payable in Schedule "A".
4. The Crown shall not be liable to make any payments hereunder
except with respect to work completed in a good and workmanlike
manner and in accordance with Schedule "A".
5. The Crown shall have the right to audit any books and records of
the Municipality or any contractor or agent of the Municipality in
connection with amounts claimed hereunder and may require such
further information. records or material as the Crown deems
requisite before making any payment to the Municipality.
6.
The Municipality. upon the request of the Crown, will make available
to the Crown all information and records it receives in connection
with the work done hereunder.
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7.
Any limits imposed by this contract on:
(a) the area this contract relates to,
(b) the time within which any matter may be done,
(c) any amount of money which the Crown may provide for any
purpose herein, and
(d) the category of work listed in Schedule "An,
may be extended by letter from the Director of the Waste
Management Branch of the Ministry of the Environment.
8.
The Crown may cancel any obligation of the Crown to make a
payment which relates to an expenditure of funds scheduled to
occur In a fiscal year of the Crown if the fiscal year expires and
the work has not been done or an account for such expenditure has
not been received within 10 days of the end of the fiscal year or
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such longer period as the Crown approves in writing. '
9. An extension under Clause 7(c) shall not Increase the Crown's
liability under this contract above $25,000.00 In any fiscal year of
the Crown unless such extension is approved In writing by the
Minister of the Environment.
10. Where it appears that the Municipality is unlikely to expend all of
the money which the Crown is liable to pay for the purposes set
forth In Schedule "A", the Director of the Waste Management
Branch of the Ministry of the Environment. at the request of the
Municipality contained In a resolution or by-law, may reduce the
amount of money which the Crown is liable to pay.
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11.
Where the work described in Schedule "An is to be done llsing
equipment hired or purchased for the purpose of this contract or
using agents or contractors. other than employees of the MUIÙci-
pality. the Municipality shall obtain the approval of the Director of
the Waste Management Branch of the Ministry of the Environment as
to the method of obtaining such equipment and engaging such
contractors or agents to ensure that fair prices are paid for any
equipment or services obtained.
12. The Municipality will submit reports to the Crown containing sllch
information as the Crown may reasonably require with respect to
the work completed hereunder from time to time and the work
remaining to be done, if any.
.
13.
Any certificates, approvals. licences or consents that may be
required in respect to the work carried out hereunder by the
MUIÙcipality will be obtained by the Municipality at its own expense
prior to commencement of the work.
14. The Crown shall have the right to inspect the work described in
Schedule nAil and carried out hereunder to ensure that the work is
being carried out in a good and workmanlike manner.
15.
The Municipality. its agents, contractors and subcontractors and
all workmen and persons employed by them or under their control
shall use due care that no person or property is injured and that
no rights are infringed upon in the execution of the work. The
Municipality shall be solely responsible for all damages by whom-
soever claimable in respect of any injury. including death. to
persons or property of whatever description occasioned in the
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carrying on of the work or any part thereof, or by any negligence.
misfeasance or non-feasance on the part of the Municipality, or on
the part of any of its agents. contractors and subcontractors and
any workmen or persons employed by them or under their control.
The Municipality shall indemnify and save harmless the Crown from
and against all claims, demands. loss, costs, damages. actions.
suits or other proceedings by whomsoever made, brought or
prosecuted in any manner based upon. occasioned by or attribut-
able to any such damage. injury or infringement.
16.
Where the Director of the Waste Management Branch of the Ministry
of the Environment has any power or duty under any provision of
this contract such person as the Director or the Minister of the
Environment designates in writing may act in the Director's place
with respect to such matters as are set forth in the designation and
subject to any terms or conditions contained in the designation.
.
17. This agreement is subject to such additional terms and conditions
as may be set forth in the schedule.
IN WITNESS WHEREOF the parties hereto have duly executed this
agreement.
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO AS REPRESENTED BY THE
MINISTER OF THE ENVIR ENT.
.
THE CORPORA nON OF THE TOWNSHIP OF
KINCARDINE
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SCHEDULE "A"
.
to an agreement made as of the If ~ day of ~L. '1 , 1983,
between HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY
THE MINISTER OF THE ENVIRONMENT AND THE CORPORATION OF
THE TOWNSHIP OF KINCARDINE
COMPLETION DATE: March 1, 1984
LAST DATE FOR SUBMITTING ACCOUNTS:
TO THE CROWN FOR PAYMENT: March 15, 1984
~ Requirement Category
A-I Site Closure
A-2 Site Upgrading
B Special <;;:1'" P\"'~,
C Debris Cleanup
o Other specify
WORK PROJECT
NAME
REO.
CAT.
DESCRIPTION OF WORK,
ESTIMATED TOTAL COST
PAYABLE & PERCENTAGE
MAXIMUM
AMOUNT
PAYABLE
.
Township of A-2
Kincardine
Site Upgrading
$4,000.00
50%
Part Lot. 15
Con. 5
Studies and/or systems
and/or devices with
respect to leachate
control, gas control,
hydrogeological
investigation and/or
works required to satisfy
the requirements of
Regulation 309.
AND ANY OTHER description
of work information given
that is different from
tlie aDove.
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