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HomeMy WebLinkAboutTWP 83 007 execute agree '. '.., ,~ V··' : 1"'. l. .. \~.: ",f", ff ," ,~.... J J , ¡" 'f The Corporation of the TOWNSHIP OF KINCARDINE By-Law No. 83-07 It A BY-LAW 'ID AUTHORIZE THE REEVE AND CLERK 'ID EXECUTE AN AGREEMENT WITH HER MMESTY THE QUEEN, IN RIGHT OF THE PROVINCE OF ONTARIO, AS REPRESENTED BY THE MINlS'l'ER OF THE ENVIRONMENT. l ¡:¡: , WHEREAS it is deemed expedient and desirable to enter into an Agreement w:i:th The Ministry of the Environment pursuant to Clause (j) of Section 3 of the Environmental Protection Act,1971. ..---- NCM THEREFORE THE COUNCIL OF THE CX>RPORATION OF THE 'IaIlNSHIP OF KINCARDINE ENACTS AS FOLLCMS: . 1. The Reeve and Clerk are hereby al\thorized and direct:eq to execute, and the 'Ibwnship Cl~to affix the Corporate Seal to, on behalf of the Corporation, Agreement between Her Majesty the Queen, in Right of the Provi ce of Ontario, as ¡;-epresented by the Minister of the Environm t and the Corporation of the TCMNSHIP OF KINCARDINE, dated the 17th. day of Februa¡:y, 1983 upon and subject to the terms thereiI). stated; a copy of such Agreement being hereto attached and marked as Schedule "A" to this By-Law. 2. This By-law shall ccme into full force and effect upon the final passing thereof. ì " Read a first time this 17th. day of Februa¡:y 1983 Read a second and third times and finally passed this 17th day of February, 1983. ,. . " Reeve ;þ~ '\" I.~ :\ Clerk J9LhJ~L /J ~ÞJ~.h , . ,¡ ';_' ,,' ,', " rl ,'" ;: ~'/Z~r<f¿ f··,....£.-.d' ¡:: ",t/ooo.oo~ ...~- - . ® Ontario ~ , RIECEt"\~~ '" FEB 181. · Ministry of the Environment Southwestern Region ....Of "~~ÜP"'Ìf Owen Sound District Office 1180-20th Street East P.O. Box 967 Owen Sound, Ontario N4K SH6 (519) 371-2901 February 17, 1983. Mrs. M. P. Eskrick, Clerk-Treasurer, Township of Kincardine, R. R. II 5, Box 14, Kincardine, Ontario. NOG 2GO I · Dear Mrs. Eskrick: Re: Township of Kincardine Waste Management Site Improvement Fund FlY 82-83 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. · All three copies should be returned to this office as soon as ~ossible. Once the Minister's signature has been obtained on the contracts, a copy will be forwarded to your attention. Please note as specified on Schedule "A" of the contract, the last date for submitting accounts to the Crown for Payment is March 15, 1983. Our Mr. Bye will be contacting you the week of March 7, 1983 to finalize submissions so as to ensure prompt payment of the municipality's allotment as specified in the contract. 1 . . . '- Mrs. M. Eskrick - 2 - February 17, 1983 · If you have any questions, please do not hesitate to contact our P. Bye at any time. Yours very truly, PBlsg {J~~ ~ W. Page, P. Eng., tI 'District Officer, Municipal & Private Abatement, Southwestern Region. Attch. · · "'- . I el I i . . . BY-LAW NO. of THE CORPORATION OF THE TOWNSHIP OF A BY-LAW TO AUTHORIZE THE REEVE AND CLERK TO EXECUTE AN AGREEMENT WITH HER MAJESTY THE QUEEN, IN RIGHT OF THE PROVINCE OF ONTARIO, AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT. WHEREAS it is deemed expedient and desirable to ente¡;- into an Agreement with The Ministry of the Environment pursuant to Clause (j) of section 3 of the Environmental Protection Act, 1971. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ENACTS AS FOLLOWS: 1. The Reeve and Clerk are hereby authorized and directed to execute, and the Township Clerk to affix the .Corporate Seal to, on behalf of the Corporation, an Agreement between Her Majesty the Queen, in Right of the Province of Ontario, as represented by the Minister of the Environment and the Corporation of the Township of , dated the day of upon and subject to the terms therein stated; a such Agreement being hereto attached and marked "An to this By-law. 19 , copy or- as Schedule 2. This By-law shall come into full torce and effect upon the final passing thereof. Read a first time this day of 19 . . . Read a second and.third times and finally passed this day of 19. Reeve Clerk · · · , " -...'~ tt . THIS INDENTURE made as of the , 19 f~. /7d- day of..:ß~7 BE'lWEEN: 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 "Municipal i ty") 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 prepared to carry out or administer the performance of such work; and WHEREAS the Council of the Municipality on the /7Af day ofd~ 19J?3 , passed By-Law No. ~!Jo" authorizing thJ'MuniciPality to enter into this agreement. . . . ~ - - . . 1. . - 2 - THE PARTIES AGREE PURSUANT TO CLAUSE (j) OF SECTION 3 OF THE ENVIRONMENTAL PROTECTION ACT, 1971: Subject to the terms of this agreement, the Crown will pay the Municipality the amount specified in Schedule "An. 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 5. payments hereunder except with respect to work completed in a good and workmanlike manner and in accordance with Schedule nA". 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 . . . v ~ . 6. 7 . 8. . - 3 - and may require such further information, records or material as the Crown deems requisite before making any payment to the Municipality. The Municipality, upon the request of the Crown, will make available to the Crown all information and records it receives in connec- tion with the work done hereunder. Any limits imposed by this contract on: (a) the area this contract relates t~, (b) the time within which any matter may be done, and (c) any amount of money which the Crown may provide for any purpose herein, may be extended by letter from the Director of the Waste Management Branch of the Ministry of the Environment. 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, . . . 9. . . - 4 - may reduce the amount of money which the Crown is liable to pay. Where the work described in Schedule "A" is to be done using equipment hired or purchased for the purpose of this contract or using agents or contractors, other than employees of the Municipality, 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. 10. The Municipality will submit reports to the Crown containing such information as the Crown may reason- ably require with respect to the work completed here- under from time to time and the work remaining to be done, if any. 11. . Any certificates, approvals, licences or consents that may be required in respect to the work carried out hereunder by the Municipality will be obtained by the Municipality at its own expense prior to commencement of the work. 12. The Crown shall have the right to inspect the work described in Schedule "A" and carried out . . · 13. · · 14. . - 5 - hereunder to ensure that the work is being carried out in a good and workmanlike manner. 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 whomsoever claimable in respect of any injury, including death, to persons or property of whatever description occa- sioned in the 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 attributable to any such damage, injury or infringement. 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 . .' · · · . . . . . . - 6 - 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. 15. 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 ENVIRONMENT. Ml THE CORPORATION OF THE TOWNSHIP OF KINCARDINE --. ~ '. " ~ \.r. :~ Per: Reeve X~ , - " - ~ ~ - ~ - . .;... '--' v... ~ -.-.. - ~;~~~,~--. - , . ~...~ . \!II ~ '. · · · . , SCHEDULE "A" 1'7$- day Of~ IN RIGHT OF ONTARIO to an agreement made as to the 19 ~ , between HER MAJESTY THE QUEEN AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT AND THE CORPORATION OF THE TOWNSHIP OF KINCARDINE M~H Iq~~ COMPLETION DATE: LAST DATE FOR SUBMITTING ACCOUNTS TO THE CROWN FOR PAYMENT: rl~ If.''t ~3 , WORK PROJECT REQUIREMENT CATEGORY A-l Site Closure B Special Studies A-2 Site Upgrading C Debris Cleanup 0 Other (Specify) NAME Townsh ip of Kincardine Pt. Lot 15, Con. 5. REQ. DESCRIPTION OF WORK, ESTIMATED CAT. TOTAL COST PAYABLE & PERCENTAGE MAXIMUM AMOUNT PAYABLE A-2 Works required to satisfy the requirements of Regulation 309 $2,000.00 75%