HomeMy WebLinkAbout20 115 Ontario Municipal Commuter Cycling (OMCC) Program Transfer Payment Amending Agreement By-law
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2020 - 115
BEING A BY-LAW TO AMEND BY-LAW NO. 2018 - 003 THE SIGNING OF AN
AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF CANADAAS
REPRESENTED BY THE MINISTER OF TRANSPORTATION FOR THE
PROVINCE OF ONTARIO
(Ontario Municipal Commuter Cycling (OMCC) Program
Transfer Payment Agreement)
WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, 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
@IC<I>@ NC@ HOID>DK<GDNSVM <=DGDNS NJ L@MKJI? NJ HOID>DK<G DMMO@M <I? C<M NC@
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS on January 10, 2018, by By-law No. 2018 U 003, the
Municipality of Kincardine entered into atransfer payment agreement with Her
Majesty the Queen in Right of Canada as represented by the Minister of
Transportation for the Province of Ontario, for funding under the Ontario
Municipal Commuter Cycling (OMCC) Program;
AND WHEREAS under Section 4.1 (Amendments) of the Agreement, the
agreement may only be amended by a written agreement;
AND WHEREAS the parties have agreed to extend the Term of Agreement by
one year as specified in Schedule WAX to this By-law;
AND WHEREAS Council deems it expedient to amend the agreement for
funding under the Ontario Municipal Commuter Cycling (OMCC) Program with
Her Majesty the Queen in Right of Ontario as represented by The Minister of
Transportation for the Province of Ontario;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That Schedule WAX of By-law No. 2018 - 003 be amended as per the
Amending Agreement attached hereto Schedule WAX and forming part of this
by-law.
2. That the Mayor and Chief Administrative Officer be authorized and directed to
sign and execute, on behalf of The Corporation of the Municipality of
Kincardine, the amended transfer payment agreement with Her Majesty the
Queen in Right of Ontario as represented by The Minister of Transportation
for the Province of Ontario, attached hereto as Schedule W.X.
Page 2
Ontario Municipal Commuter Cycling (OMCC) ProgramTransfer Payment
Amending Agreement By-law
By-law No. 2020 - 115
3. This by-law shall come into full force and effect upon its final passage.
4. This By-G<Q H<S =@ >DN@? <M NC@ WOntario Municipal Commuter Cycling
(OMCC) Program Transfer Payment Amending Agreement By-G<QX#
th
READ a FIRST and SECOND TIME this 9 day of September, 2020.
th
READ a THIRD TIME and FINALLY PASSED this 9 day of September, 2020.
Nbzps!Fbejf
Kfoojgfs!Mbxsjf
Tjhofe!xjui!DpotjhoP!Dmpve!)313101:025*
Tjhofe!xjui!DpotjhoP!Dmpve!)313101:035*
Wfsjgz!xjui!DpotjhoP!ps!Bepcf!Sfbefs/
Wfsjgz!xjui!DpotjhoP!ps!Bepcf!Sfbefs/
Mayor Clerk
i
i
i
AMENDING AGREEMENT NO. 1 TO THE ONTARIO MUNICIPAL COMMUTER
CYCLING (OMCC) PROGRAM
TRANSFER PAYMENT AGREEMENT
This Amending Agreement No. 1 to the Ontario Municipal Commuter Cycling (OMCC)
Program Transfer Payment Agreement (this "Amending Agreement") is effective as of
the date of signature by the last signing party to this Amending Agreement.
BETWEEN:
Her Majesty the Queen in right of Ontario
as represented by the Minister of Transportation for the Province of Ontario
(the "Province")
- and -
Municipality of Kincardine
(the "Recipient")
BACKGROUND
The Province and the Recipient entered into the Ontario Municipal Commuter Cycling
(OMCC) Program Transfer Payment Agreement effective as of 26th day of March 2018
(the "Agreement').
The Agreement, pursuant to Section 4.1 (Amendments) of the Agreement, may only be
amended by a written agreement.
The Parties have agreed to extend the Term of the Agreement by one year and make
any necessary changes to the Agreement to capture their intent.
IN CONSIDERATION of the mutual covenants and agreements contained in this
Amending Agreement, and for other good and valuable consideration, the receipt and
sufficiency of which are expressly acknowledged, the Parties agree as follows:
1. Capitalized terms used in this Amending Agreement have the meanings ascribed to
them in the Agreement.
2. Section A1.2 (Definitions) of the Agreement is hereby amended by:
a) replacing "March 31, 2021" with "March 31, 2022" in the definition of Expiry
Date;
b) replacing "December 30, 2020" with "December 31, 2021" in the definition
of Projects End Date; and
c) replacing "December 30, 2020" with "December 31, 2021" in the definition
of"Substantial Completion".
3. Section A4.10 (Inability to Complete Eligible Projects) of the Agreement is hereby
amended by replacing "December 30, 2020" with "December 31, 2021".
4. Section C2.1 (Timelines) of the Agreement is hereby amended by replacing
"December 30, 2020" with "December 31, 2021".
5. Sub-schedule "D.1" (Table of Annual Allocations) of the Agreement is hereby
amended by adding "2021-2022" after "2020-2021" in the 1St column (Funding
Year)/ 5th row of the table.
6. Paragraph E3.3 (d) of the Agreement is hereby amended by replacing "December
30, 2020" with "December 31, 2021".
7. Section F3.1 (Final Report) of the Agreement is hereby amended by replacing
"February 28, 2021" with "February 28, 2022".
8. Paragraph F5.2 (b) of the Agreement is hereby amended by replacing "December
30, 2020" with "December 31, 2021".
9. Paragraph F5.3 (f) of the Agreement is hereby amended by replacing "December
30, 2020" with "December 31, 2021".
10. Paragraph 3 of Sub-schedule "J.1" (Ontario Municipal Commuter Cycling (OMCC)
Program Form of Annual Funding Certificate) of the Agreement is hereby amended
by replacing "December 30, 2020" with "December 31, 2021".
11. Except for the amendments provided for in this Amending Agreement, all provisions
in the Agreement will remain in full force and effect.
12. This Amending Agreement may be executed and delivered by scanning the
manually signed Agreement as a PDF and delivering it by email to the other Party.
13. This Amending Agreement is conditional upon, on or before the effective date of this
Amending Agreement, the Recipient providing the Province with:
Page 2 of 4
i
(a) if not addressed under the by-laws) and, if applicable, any council
resolution(s) provided to the Province for the Agreement, a copy of the by-
law(s) and, if applicable, any council resolution(s) authorizing this Amending
Agreement and naming authorized signing officer (s) for this Amending
Agreement; and
(b) an insurance certificate or other proof as the Province may request for the
Project pursuant to section A10.2 (Proof of Insurance) of the Agreement.
- SIGNATURE PAGE FOLLOWS -
Page 3 of 4
I
1
The Parties have executed this Amending Agreement on the dates set out below.
Her Majesty the Queen in right of Ontario
as represented by the Minister of Transportation for
the Province of Ontario
r""mM
Signature: , ,m"Ibarge
Name: James Pearce
Title: Director Municipal Programs
Branch Agencies Oversight and
Partnerships Division
Date of Signature: October 1, 2020
Municipality of Kincardine
Signature: ;" P.�
Fame: Sharon Chambers
Tithe: Chief Administrative Officer
Date of Signature: _ ?�.��
have authority to bind the Recipient.
Signature:
Name: Anne Eadie
Title: Mayor
Date of Signature: - )
I have authority to bind th recipient.
Page 4 of 4