HomeMy WebLinkAbout22 015 Ontario Municipal Commuter Cycling (OMCC) Program Transfer Payment Amending Agreement (2) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2022 - 015
BEING A BY-LAW TO AMEND BY-LAW NO. 2018 - 003 THE SIGNING OF AN
AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS
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
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 on January 10, 2018, by By-law No. 2018 – 003, the
Municipality of Kincardine entered into a transfer 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 amend the list of eligible projects as
specified in Schedule “A” 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 “A” of By-law No. 2018 - 003 be amended as per the
Amending 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
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 “A”.
Page 2
Ontario Municipal Commuter Cycling (OMCC) Program Transfer Payment
Amending Agreement (2) By-law
By-law No. 2022 - 015
3. This by-law shall come into full force and effect upon its final passage.
4. This By-law may be cited as the “Ontario Municipal Commuter Cycling
(OMCC) Program Transfer Payment Amending Agreement (2) By-law”.
READ a FIRST and SECOND TIME this 24th day of January, 2022.
READ a THIRD TIME and FINALLY PASSED this 24th day of January, 2022.
Mayor Clerk
Ministry of Transportation Ministere des Transports
Agencies Oversight&Partnership Division de la surveillance des organismes et
Division des partenariats Ontario
Municipal Programs Branch Direction des programmes municipaux
Transportation Programs Office Bureau des programmes relatifs aux transports
10th Floor,Ste.1001/1002 10e etage bureau 1001/1002
151 Bloor Street West 151,rue Bloor Ouest
Toronto,Ontario M5S 1S4 Toronto(Ontario)M5S 1S4
Email:Cycling@ontario.ca Courriel:Cycling@ontario.ca
January 17,2022
Adam Weishar
Director of Infrastructure and Development
Municipality of Kincardine
1475 Concession 5
Kincardine, ON N2Z 2X6 L7R
RE: Amending Agreement No. 2 (this"Amending Agreement")to the Ontario
Municipal Commuter Cycling Program Transfer Payment Agreement(the
"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
the Municipality of Kincardine(the"Recipient")
The Province and the Recipient entered into the Agreement effective as of the 26th day
of March, 2018 for the Province to, subject to terms and conditions set out in the
Agreement, upon which the Province has agreed to provide the Recipient with funding
towards the Eligible Costs of each Eligible Project("Eligible Costs" and "Eligible
Project" as defined in section A1.2 (Definitions)), up to the maximum set out in the
Agreement, and the Recipient has agreed to fund a minimum of 20%of the Eligible
Costs of each Eligible Project.
Based on Recipients request to add new projects in the list of Eligible Projects, the
Province is amending the Agreement pursuant to section C3.1 (Changes to the Eligible
Projects List).
Projects in Sub-schedule"CA" (Eligible Projects List) attached to this amending
Agreement as Appendix"T' meet the requirements set out in section C1.1 (Eligible
Project Eligibility Requirements)and any applicable terms and conditions of the
Agreement and being one of the types listed under section C1.2 (Eligible Projects List).
In consideration of the mutual covenants and agreements contained in this Amending
Agreement, and other good and valuable consideration, the receipt and sufficiency of
which are expressly acknowledged, the Ministry and the Recipient(the"Parties") agree
as follows:
1. Capitalized terms used but not defined in this Amending Agreement have the
meanings ascribed to them in the Agreement.
2. The document attached to this Amending Agreement as Appendix"1"will be
added to Sub-Schedule"C.1" (Eligible Projects List)of the Agreement.
3. This Amending Agreement is effective as of the date of signature by the last
representative of the Recipient signing this Amending Agreement.
4. Except for the amendments provided for in this Amending Agreement, all
provisions of the Agreement remain in full force and effect.
5. This Amending Agreement is conditional upon, on or before the effective date of
this Amending Agreement, the Recipient providing the Province with:
(a) if not addressed under the by-law(s)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;
(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; and
(c) written confirmation that the Recipient has entered into a legally binding
agreement that is consistent with and incorporates the relevant provisions of
the Agreement with each of the land-owners and entities described in
paragraph A31.1 of the Agreement and partners, if any,that have agreed to
maintain the Project.
6. The Province has executed this Amending Agreement on the date set out at the
top of this Amending Agreement and the Recipient on the dates set out below.
If the Recipient is satisfied with and accepts the terms and conditions of this Amending
Agreement, please secure the required signatures for the four(4)enclosed copies of
this Amending Agreement and return two (2)fully signed copies to:
Ministry of Transportation
Transportation Programs Office (TPO)
10th Floor, 151 Bloor St West,
Toronto, Ontario M5S 1S4
If you have any questions or comments, please do not hesitate to contact me.
Sincerely,
Gary Jamieson,
Manager, Transportation Programs Office
I have read and understand the terms of this Amending Agreement, as set out above,
and, by signing below, I am signifying the Recipient's consent to be bound by these
terms.
Recipient
Gera Glover II Sgn1y.11h Per: �`°"e""°`om°`"°°beReatler. Date: January 25,2022
........Oil
Name: Gerry Glover
Title: Mayor
Authorized Signing Officer
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Per Date: January 25,2022
Name: Roxana Baumann
Title: Acting CAO
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AMENDING AGREEMENT NO. 3 TO THE ONTARIO MUNICIPAL COMMUTER
CYCLING (OMCC) PROGRAM
TRANSFER PAYMENT AGREEMENT
This Amending Agreement No. 3 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 26t" 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, 2022" with "March 31, 2023" in the definition of Expiry
Date;
b) replacing "December 31, 2021" with "December 31, 2022" in the definition
of Projects End Date; and
c) replacing "December 31, 2021" with "December 31, 2022" in the definition
of"Substantial Completion".
3. Section A4.10 (Inability to Complete Eligible Projects) of the Agreement is hereby
amended by replacing "December 31, 2021" with "December 31, 2022".
4. Section C2.1 (Timelines) of the Agreement is hereby amended by replacing
"December 31, 2021" with "December 31, 2022".
5. Sub-schedule "D.1" (Table of Annual Allocations) of the Agreement is hereby
amended by adding "2022-2023" after "2021-2022" in the 1st column (Funding
Year)/ 5t" row of the table.
6. Paragraph E3.3 (d) of the Agreement is hereby amended by replacing "December
31, 2021" with "December 31, 2022".
7. Section F3.1 (Final Report) of the Agreement is hereby amended by replacing
"February 28, 2022" with "February 28, 2023".
8. Paragraph F5.2 (b) of the Agreement is hereby amended by replacing "December
31, 2021" with "December 31, 2022".
9. Paragraph F5.3 (f) of the Agreement is hereby amended by replacing "December
31, 2021" with "December 31, 2022".
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 31, 2021" with "December 31, 2022".
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
(a) if not addressed under the by-law(s) 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
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
Signature:
Name: Kevin Dowling
Title: (A) Director, Municipal Programs
Branch, Agencies Oversight and
Partnerships Division
Date of Signature: January 28, 2022
Municipality of Kincardine
Gerr
Glover
Sir nature:
Nar e: Gerry Glover
Title':, Mayor
January 2 , 2022
Date of Signature:
l have authority to bind the Recipient.
Roxana Baumann uuupuuu i, u
51 ,,Id IW l',Corgt Y'S77 a ud gC1�..1�tac)
r1 wt t'i w I�Va',lw¢cnY sew,gr7raCti del
Signature;
Naru,e;
Ro a,na Baumann
Title':, Acting CAO
Date of Signature'. January 26,200
1 have authority to bind the Recipient.
Page 4 of 4