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HomeMy WebLinkAbout17 175 Bruce Power L.P. Funding Assistance Agreement Amendment (2018) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE itF4 *- ';(470/pALIiYOF KING04 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( -_-