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HomeMy WebLinkAboutTWP 83 025 agree moe ....1, l - ¡ . '; ~- , ' " 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 /"--- ,.// --... " .' - , ',' \--:. :- '"'" ....... ~ ~ . .JJ. -,- '- ~ , . ...... v _ .....::--.. PER:..~:-t~;'/' ?f ' .).A~ /f~':''':' -' . '</ Cl k-Treasurer --'- ----.-- - .' - - - - -""'--- -- .,---- -~ " . If...· . . . ~~ ~ " ® 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. ~~ ~ Q,~7/¡~ ~~Â~ ~%~i¡/~' )np.Æ PB/sg Attch. Yours very truly, (jJ.~ cJ1. pag~7J~_Eng., District Officer, Municipal & Private Abatement, Southwestern Region. -= . . . ..~,~ ~ .- , " ,;' 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 - and - 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 . . . ~ 1_::'- , -' .~: "" " - 2 - 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. -- , . "c_.·,·, 'i'.'>,....... ...' iO . '/ . . . - 3 - 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 \ 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. '. , \ - 4 - . 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 . .. . .;:. '....!':! - 5 - . 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 '..~c-_-..__ . L ~",,-~-'-~.,~ --,~,- '....... '. ...... . ~... . .;... ":" --........ ........ -,"- '.~ Per. ;;;::::: I ~ -, '';'' '. . '... .:.... \.....~- -...; . -:- o. )~ K/Reeve ~ - -.' r- - ,J . '-" ..::;.;. .... ..... 'v - I ,:- -.... & £;~:!(!£",,-þ~:;~~~~~~,;, ~ - ~ .. ..,"-"._'. - ."~ r . "'.... . '., ~ ,- .' 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. \