Loading...
HomeMy WebLinkAbout19 132 County of Bruce Cost Sharing Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE K8T c�unofK o BY-LAW NO. 2019 - 132 A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE CORPORATION OF THE COUNTY OF BRUCE FOR A COST SHARING AGREEMENT FOR THE INSTALLATION OF STREETLIGHTS AT THE INTERSECTION OF BRUCE ROAD 20 AND FARRELL DRIVE WHEREAS pursuant to the Municipal Act, 2001, (the "Act") 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 Section 20 (1) of the Act states that a municipality may enter into an agreement with one or more municipalities to jointly provide, for their joint benefit, any matter which all of them have the power to provide within their own boundaries; AND WHEREAS by Resolution #05/22/19-08 Council agreed to enter into a 50% cost sharing agreement with the County of Bruce for installation of streetlights at the intersection of Bruce Road 20 and Farrell Drive; 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 cost sharing agreement with The Corporation of the County of Bruce to install intersection streetlights at the intersection of Bruce Road 20 and Farrell Drive, attached as Schedule 'A' to 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 The Corporation of the County of Bruce attached hereto and forming part of the By-law. 3. This By-law shall come into full force and effect upon its final passage. 4. This By-law may be cited as the "County of Bruce Cost Sharing Agreement By-law". READ a FIRST and SECOND time this 16th day of October, 2019. READ a THIRD time and FINALLY PASSED this 16th day of October, 2019. • Mayor Clerk This is Schedule "A.."to By-Law No.a)P-13a passed the Ko day This Agreement made this 14, day of (30-c) y' , 209 ( s' 20(9 Between: The Corporation of the Municipality of Kincardine (Hereinafter called "Kincardine") Of the First Part - and - The Corporation of the County of Bruce (Hereinafter called the "County") Of the Second Part The Municipal Act, 2001, S.O. 2001, Chapter 25 empowers Municipalities to enter into agreements relating to highways. The County and Kincardine wish to install intersection streetlights at the intersection of Bruce Road 20 and Farrell Drive. The County has a policy entitled `Intersection Identification Lighting at the Intersection of a Rural County Road and a Municipal Road', revised May 18, 2017 which provides guidance as to the location and options for the installation of intersection identification lighting. Kincardine and the County wish to identify the responsibilities and costs of each Party concerning the installation of intersection streetlights at the intersection of Bruce Road 20 and Farrell Drive. In consideration of the mutual terms and covenants hereinafter made and contained, the Parties agree as follows: Joint Project Responsibility 1. The Parties acknowledge that: (a) Bruce Road 20 is under the jurisdiction of the County. (b) Farrell Drive is under the jurisdiction of Kincardine. (c) The work required to install streetlights at the intersection of Bruce Road 20 and Farrell Drive include costs for each party. The Work 2. The work related to the streetlights at the intersection of Bruce Road 20 and Farrell Drive shall be apportioned to each party on a 50/50 basis and based on the awarded quotation figure of approximately $55,000, which includes $5,000 for hydro connection. 3. The County shall administer and supervise the whole project and will consult and report to Kincardine as required and when requested. Additional Work 4. (a) Work beyond that identified in paragraph 2 shall be considered as 'Additional Work'. (b) 'Additional Work' shall be authorized by the Parties responsible for the payment of the work as per paragraph 2. The County's Responsibilities 5. The County shall request tender submissions or quotations and report to Kincardine. 6. The County shall be responsible to coordinate all the work. 7. The County shall be responsible to pay for their own legal costs, if any. 8. The County shall arrange for and maintain liability insurance, for the joint benefit of the County, with Kincardine named as additional insured as against all claims incurred or suffered in connection with the Work as contemplated by this Agreement, which insurance, at a minimum, shall provide coverage with limits of liability not less than Five Million dollars ($5,000,000) per incident. The County shall satisfy Kincardine, upon reasonable request, that the premiums of such insurance have been paid and that such insurance is in full force and effect. The County shall give thirty (30) days prior written notice of any cancellation or material change in policy terms to Kincardine which reduces or affects coverage. Kincardine Responsibilities 9. Kincardine shall be responsible to pay for their respective portion of the work as described in paragraphs 2 and 4 and shall reimburse the County 30 days following receipt of the invoice. 10. Kincardine shall be responsible to pay for their own legal costs, if any. 11. Kincardine shall arrange for and maintain liability insurance, for the joint benefit of Kincardine, with the County named as additional insured as against all claims incurred or suffered in connection with the Work as contemplated by this Agreement, which insurance, at a minimum, shall provide coverage with limits of liability not less than Five Million dollars ($5,000,000) per incident. Kincardine shall satisfy the County, upon reasonable request, that the premiums of such insurance have been paid and that such insurance is in full force and effect. Kincardine shall give thirty (30) days prior written notice of any cancellation or material change in policy terms to the County which reduces or affects coverage. Payments 12. Kincardine shall be invoiced for their share of costs 30 days following the County's receipt of the invoice from the contractor. 13. It is agreed that employee labour and equipment costs supplied directly by Kincardine, or the County and related to the work will be absorbed by the Party supplying the labour or equipment without payment by the other Parties. 14. Each Party will indemnify and save the other harmless from claims arising from the project and related to the work in the same proportion as each party is obligated to pay for their share of the work as provided for in this agreement. Project Ownership 15. It is agreed that the intersection streetlights at the intersection of Bruce Road 20 and Farrell Drive shall be under the jurisdiction of the County and that the County shall be responsible for the hydro, operating and maintenance costs of the intersection streetlights. IN WITNESS WHEREOF the Parties have affixed their respective corporate seals and attested to by the signature of the signing officers of Kincardine and the County. Signed, Sealed and Delivered ) The Corporation of the Municipality of Kincardine ) Per: __ �.. �. Mayor Anne Eadie ) ,-; ,,,,/,____c.---- 7 ,e) 'LC` 0, Sharon Chambers We have authority to bind the Corporation. The Corporation of the County of Bruce Per: i_ Warden, Mitch Twolan ) Per: kortylot,OcncaOuo Clerk, Donna Van Wyck We have authority to bind the Corporation.