HomeMy WebLinkAbout17 175 Bruce Power L.P. Funding Assistance Agreement Amendment (2018) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2017 - 175
BEING A BY-LAW TO AMEND BY-LAW 2008-023: BEING A BY-LAW TO
AUTHORIZE THE SIGNING OF AN AGREEMENT BETWEEN BRUCE POWER
L.P. AND THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
FOR FUNDING ASSISTANCE FOR NUCLEAR EMERGENCY
PREPAREDNESS
WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c. 25 as amended,
• Section 8 (1) and 9 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 the Emergency Management and Civil Protection Act, R.S.O.
1990, c. E.9 Section 8 states that the Lieutenant Governor in Council shall
formulate an emergency plan respecting emergencies arising in connection with
nuclear facilities, and any provisions of an emergency plan of a municipality
respecting such an emergency shall conform to the plan formulated by the
Lieutenant Governor in Council;
AND WHEREAS Section 2.1 (1) of the said Act states that every municipality
shall develop and implement an emergency management program which
includes an emergency plan;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine,
• with the passage of By-law No. 2008 - 023 and amended by By-law No. 2013 -
070 entered into an Agreement with Bruce Power LP for funding assistance to
help cover the costs connected with the Nuclear Emergency Plan Program;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it necessary to amend By-law No. 2008 - 023 as outlined in FD 2017 - 05;
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
amending agreement with Bruce Power L.P., to provide a share of funding to
the Nuclear Emergency Plan Program in accordance with terms and
conditions outlined in the agreement attached hereto as Schedule 'A' and
forming part of this by-law.
2. That the Mayor and Chief Administrative Officer be authorized and directed to
execute, on behalf of The Corporation of the Municipality of Kincardine, the
• Agreement with Bruce Power L.P. attached to this by-law.
3. This By-law shall come into full force and effect upon its final passage.
Page 2 of 2
Bruce Power L.P. Funding Assistance Agreement Amendment (2018) By-law
By-law No. 2017 - 175
4. This By-law may be cited as the "Bruce Power L.P. Funding Assistance
• Agreement Amendment (2018) By-law".
READ a FIRST and SECOND TIME this 20th day of December, 2017.
READ a THIRD TIME and FINALLY PASSED this 20th day of December, 2017.
Mayor Clerk
•
•
•
This is Schedule "/`� " to $y-Law
No. Il-17Sp�ssed the o day
of( emb r-2013-
SECOND AMENDING AGREEMENT
BETWEEN:
BRUCE POWER L.P. ("Bruce Power")
-and-
MUNICIPALITY OF KINCARDINE (the "Municipality")
Effective Date: January 24, 2018
RECITALS
I. Bruce Power and the Municipality entered into:
a. the Amended and Restated Nuclear Emergency Preparedness Funding
Agreement, dated as of December 14, 2007 with an effective date of January
1, 2007; and
b. the Amending Agreement, dated as of April 25, 2013;
(together, the "Agreement").
II. The Parties wish to further amend the Agreement upon the terms and conditions
set out in this Second Amending Agreement.
In consideration of the mutual promises of this Second Amending Agreement, and other
good and valuable consideration, the receipt and sufficiency of which are acknowledged,
the Parties agree as follows:
1. Amendments
Upon execution of this Second Amending Agreement by the Parties, the Agreement is
amended as follows:
(a) Each reference to "$105,000" in subsections 3.1 and 5.3 of the Agreement shall be
replaced with "$113,000".
(b) The reference to "2014" in subsection 3.1 of the Agreement shall be replaced with
"2019".
(c) Subsection 15.1 of the Agreement is replaced with the following:
"Notices: Any formal notice required by this Agreement shall be deemed properly
given if either faxed with confirming receipt from recipient, sent by registered mail or
courier, or delivered as follows:
on behalf of the Municipality, to:
Municipality of Kincardine
1475 Concession 5, RR#5
Kincardine, ON N2Z 2X6
Attention: Frank Merkt
Facsimile No.: (519) 396-3033
on behalf of Bruce Power, to:
Bruce Power
P.O. Box 1540, B10
177 Tie Road
Municipality of Kincardine, RR#2
Tiverton, ON NOG 2T0
Attention: Dan McArthur
Facsimile No.: (519) 361-4559
with a copy to:
Attention: Chief Legal Officer
Facsimile No.: (519) 361-4333
Any such notice, if delivered by hand or courier, shall be deemed to have been given
and received on the date on which it was received at such address, or, if sent by
registered mail, shall be deemed to have been given and received on the date on
which the notice was received and accepted. Any notice transmitted by facsimile
shall be deemed to have been given and received on the next Business Day.
Either Party may change its representative specified above by giving notice thereof
to the other Party."
(d) Subsection 15.2 of the Agreement is replaced with the following:
"Day to Day Contact Information: Any verbal or written correspondence regarding
day-to-day activities between Bruce Power and the Municipality shall be addressed
as follows:
on behalf of the Municipality, to:
Attention: Frank Merkt
Phone No.: (519) 396-2141
Facsimile No.: (519) 396-3033
Email: fmerkt@kincardine.net
on behalf of Bruce Power, to:
Bruce Power
P.O. Box 1540, B10
177 Tie Road
Municipality of Kincardine
RR#2 Tiverton, ON NOG 2T0
Attention: Dan McArthur
Phone No.: (519) 361-7041
Facsimile No.: (519) 361-4559
Each of the Parties shall notify the other in writing forthwith upon any change in
persons mentioned in this subsection 15.2."
2. Acknowledgment
The Parties acknowledge and agree that:
a. the Amending Agreement, dated as of April 25, 2013, erroneously
references the Amended and Restated Emergency Funding Agreement,
dated as of December 14, 2007 with an effective date of January 1, 2007;
and
b. the correct reference is the Amended and Restated Emergency
Preparedness Funding Agreement, dated as of December 14, 2007 with
an effective date of January 1, 2007.
3. Miscellaneous.
(a) Definitions. Capitalized terms used in this Second Amending Agreement and not
otherwise defined herein shall have the meanings specified for such terms in the
Agreement.
(b) Entire Agreement. This Second Amending Agreement, and any exhibits or other
documents referenced herein, constitutes the entire agreement between the Parties
relating to the subject matter, and supersedes all prior written or oral agreements,
representations and other communications between the Parties.
(c) Counterparts. This Second Amending Agreement may be executed and delivered in
counterparts (including by facsimile or other means of electronic transmission), each
of which will be deemed an original.
(d) Headings. The headings used in this Second Amending Agreement are for
convenience of reference only and will not affect the interpretation or construction of
the Second Amending Agreement.
(e) Governing Law. This Second Amending Agreement is governed by and construed
in accordance with the laws of the Province of Ontario and the laws of Canada
applicable therein (without reference to its choice of law doctrine).
The Parties, by their duly appointed representatives who each have the authority to bind
the parties, execute this Second Amending Agreement on January c91-1- , 2018.
MUNICIPALITY OF KINCARDINE BRUCE POWER L.P., by its General Partner,
Bruce Power Inc.
Per: Per: 7/(
ea(Val
Name: nine. Ed ke Name: Len Clewett
Title: VIOT Title: EVP and Chief Nuclear Officer
Pe _ Per: 4/
Name:haron Chambers Name: Brian Hilbers
BRUCE POWER
Title: CAO Title: Chief Legal Officer LAW DIVISION
Approved
Date 22110/12a2(
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