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HomeMy WebLinkAboutBy-law 4573/95 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4573/95 Being a by-law to authorize the execution of Provincial- Municipal Infrastructure Agreements respecting the funding of the Claremont Community Centre Facility Project, the Fairport Road Reconstruction Project, and the Spruce Hill Road Reconstruction Project. WHEREAS, pursuant to the provisions of section 207.58 of the Municipal Act, R.S.O. 1990, chapter M.45, the Council of the Corporation of the Town of Pickering may pass by-laws for erecting community recreation centres and similar buildings; and WHEREAS, pursuant to the provisions of section 284 of the Municipal Act, the Council of the Corporation of the Town of Pickering shall keep in repair highways under its jurisdiction, two of which are Fairport Road and Spruce Hill Road; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute, (a) a Provincial-Municipal Infrastructure Agreement, in the form attached hereto as Schedule A, between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Municipal Affairs, and The Corporation of the Town of Pickering, respecting the funding of the Claremont Conununity Centre Facility Project pursuant to the Canada-Ontario Infrastructure Program Agreement; (b) a Provincial-Municipal Infrastructure Agreement, in the form attached hereto as Schedule B, between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Municipal Affairs, and The Corporation of the Town of Pickering, respecting the funding of the Fairport Road Reconstruction Project pursuant to the Canada-Ontario Infrastructure Program Agreement; and (c) a Provincial-Municipal Infrastructure Agreement, in the form attached hereto as Schedule C, between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Municipal Affairs, and The Corporation of the Town of Pickering, respecting the funding of the Spruce Hill Road Reconstruction Project pursuant to the Canada-Ontario Infrastructure Program Agreement. BY-LAW read a first, second and third time and finally passed this 20th day of February, 1995. Schedule A PROVINCIAL-MUNICIPAL INFRASTRUCTURE AGREEMENT THIS AGREEMENT made this 27~h day of September, 1994. BETWEEN: HER MAJESTY THE QUEEN, in right of the Province of Ontario as represented by the Minister of Municipal Affairs, referred to below as the "Province", AND: THE CORPORATION OF THE TOWN OF PICKERING referred to below as the "Municipality", WHEREAS on January 24, 1994, the Province and Canada entered into the Canada-Ontario Infrastructure Program Agreement, which is appended to this Agreement as Schedule "A"; AND WHEREAS Canada and the Province are committed to the renewal and enhancement of Canada's physical infrastructure; AND WHEREAS it is agreed that Canada and the Province should invest in the renewal and enhancement of infrastructure at the local community level; 2 AND WHEREAS Canada and the Province agree that sound investments in infrastructure can promote a competitive and productive economy, generate valuable short and long-term employment and accelerate economic recovery~ AND WHEREAS the Municipality is also committed to working toward this shared goal of investing to improve public infrasfructure and the creation of employment; AND %~-HEREAS the Municipality, by By-law dated , 1994 and appended hereto as Schedule authorizes the Mayor, Reeve, Warden or Chair and the Clerk to enter into this Agreement on behalf of the Municipality; THEREFORE the Province and the Municipality agree as follows: 1. Definitions 1.1 In this Agreement: (a) "Canada" means Her Majesty the Queen in'right of Canada; (b) "eligible costs" means those costs defined in section 4.1 of this Agreement; (c) "fiscal year" .means the period commencing April 1 of any year and'terminating on March 31 of the immediately following year; (d) "Management Committee" means the Management Committee established pursuant to section 3.1 of Schedule "A"; - 3 - (e) "Minister" means Minister of Municipal Affairs; (f) "Parties" means Canada and the Province; and (g) "Project" means a project or projects approved by the Management Committee pursuant to section 3.5 of Schedule "A" and as further described in Schedule "C" of this Agreement. 2. Imolementation 2.1 The Municipality shall implement and complete actual construction of the Project described in Schedule '"C" in accordance with the terms and conditions set out in Schedule "C" and in the body of this Agreement on or before March 31, 1997. 2.2 (a) If at any time after this Agreement is entered into, the Municipality becomes aware that it is or may be in default on either the commencement date or the completion date for the Project or the projected cash flows for the Project as set out in Schedule "C", the Municipality shall give written notice immediately to the Province,.by registered mail, of the actual or possible default. (b) The notice shall contain the following information: (1} detailed reasons and justification for the actual or possible default; and (2) the revised Schedule "C" setting out the new commencement or completion dates, and projected cash flows. (c) The notice, upon receipt by the Province, shall be deemed to be accepted unless the Province notifies the Municipality immediately that further Management Committee approval is required in order for the Project to continue as a Project under this Agreement. 2.3 The Municipality is solely and fully responsible for the implementation of the Project including but not limited to, the capital costs of the Project and the acquisition of all land and interests in lands that are required for the implementation of the Project. 2.4 The Municipality shall be responsible for obtaining all approvals, permits and licences required by all statutes, regulations and by-laws necessary for the implementation of the Project. - 4 2.5 The Municipality shall implement the Project in compliance with the laws of the Province of Ontario, including but not limited to, labour, environmental, human rights and occupational health and safety statutes and regulations. 2.6 Upon completion of the implementation of the Project the Municipality shall be responsible for all on-going costs associated with the operation, maintenance and repair of the Project. 3. Tenders 3.1 The Municipality shall let all contracts relating to the implementation of the Project in accordance with purchasing policies of the Municipality or as otherwise approved by the Council of the Municipality. 3.2 To the extent permitted by law the Municipality shall ensure that when selecting a bid or proposal for work to be done in respect of the implementation of the Project that a bid or proposal price preference of up to 10 percent on the Canadian content (all values added in Canada) of the supplies, equipment and services will be applied when comparing bids and proposals of Fifteen Thousand ($15,000) or more, with the exception of cement. 4. Financial Pr~visions '4.1 For purposes of this Agreement, "eligible costs" means all direct costs properly and reasonably incurred and paid solely and specifically in relation to this Project and for greater certainty means: (a costs invoiced against a contract for goods and services necessary for the implementation of the Project: (b any other costs which are incurred and pa~d in the course of implementation of the Project that are recognized and determined as relevant by the Management Committee; (c the salaries and wages of any employee of the Municipality and other employment benefits of any employee engaged solely and specifically for the purpose of implementing the Project which costs have been determined and approved by the Management Committee, including the salaries and other employment benefits of any municipal employee in proportion to the employee's time solely and specifically devoted to the Project; - 5 - (d) costs related to Project signage; (e) contributions in kind which are recorded at the lesser of fair market value or cost; and (f) any other administrative costs not otherwise covered in (a), (b), (c), (d) and (e) above, which have been determined and approved by the Management Committee; but shall not include costs which are for: (g) services or works normally provided by the Municipality or an agency thereof; and (h) the cost of any lands or any interest in land. 4.2 (a) The Province shall contribute an amount not exceeding one third (1/3) of the eligible costs of'the Project, and on behalf of Canada, shall contribute an amount not exceeding a further one third (1/3) of the eligible costs of the Project, and the final one third (1/3) of the eligible costs of the Project shall be contributed by the Municipality. (b) If the Municipality receives grants or other funding from Canada in addition to the funding set out in this Agreement the Municipality may apply those other funds to the Project however the aggregate funding received from Canada from all sources shall not exceed one third (1/3) of the eligible costs of the Project. (c) A Project is not eligible for funding under this Agreement if the Project receives funding from the Province under any provincial capital program. - 6 5. Payment Provisions 5.1 The Municipality shall submit to the Province its claims for payment of the eligible costs of the Project which it has paid or which it has been billed for but has not paid. In all instances claims for payment shall be submitted on or before March 31 of the year following the fiscal year in which the cost was incurred, but no claim for payment shall be submitted after March 31, 1998. 5.2 Where the Municipality in accordance with section 5.1 submits a claim to the Province for payment of eligible costs for which it has been billed but has not paid, the Municipality agrees to supply the Province with proof of payment of that bill within 90 days of submitting the claim to the Province. 5.3 In the event that the Municipality does not file the proof of payment required by section 5.2, the Province may withhold or reduce future payments to the Municipality; 5.4 The Province shall not be responsible for the payment of any costs incurred before January 24, 1994 in relation to the implementation of the Project regardless of when such costs' are billed to the Municipality. 5.5' The Municipality shall submit its claims for payment of eligible costs to the Province on claim forms which will be provided by the Province. 5.6 Subject to satisfactory review and approval of the claim by the Province, the Province shall pay to the Municipality the Parties' share of the eligible costs. 5.7 The Municipality shall submit with its final claim for payment of eligible costs a Project Completion Report for the Project and the said Report shall be submitted on forms which will be provided by the Prov~nce. 5.8 In the event that the Municipality does not submit a Project Completion Report as required by section 5.7, the Province shall withhold payment of the final claim. - 7 6. Financial R~cQrds 6.1 The Municipality shall keep separate financial records for all amounts incurred, claimed, paid and received with respect to the implementation of the Project. 6.2 The Municipality shall retain and preserve all documents, contracts, records, claims and accounts that relate to the implementation of the Project until March 31, 1999. 7. Public Information 7.1 The Municipality shall not make any public announcements with respect to the approved Project without the prior written consent of the Management Committee; 7.2 The public information described in section 10'of Schedule '"A", public announcements and official ceremonies concerning the Project shall be developed and organized by a joint federal-provincial communications committee in consultation with the Municipality. Costs associated with the public information, public announcement or official ceremony shall be shared equally by Canada and the Province. 7.3(a) At the request of Management Committee the Municipality shall install at the appropriate location, and maintain throughout the duration of the Project, one or more signs indicating that the Project is an Infrastructure Project undertaken under the auspices of the Canada-Ontario Infrastructure Program Agreement or bearing any other such message approved by the Management Committee. (b) The cost of the signage referred to in paragraph (a) is considered an eligible cost for the purposes of section 4.1(d) of this Agreement. 7.4(a) At the request of Management Committee the Municipality shall install, upon completion of the Project, where feasible, a plaque or permanent sign bearing an inscription approved by the Management Committee. (b) The cost of the plaque or permanent sign referred to in paragraph (a) shall be shared equally by Canada and the Province. -8 7.5 Ail public information material related to calls and tenders for the Project, including Project signage, shall clearly and prominently indicate that funding was provided under the terms of Schedule "A", and non-compliance by the Municipality may result in the termination of such funding. 7.6 (a) All public information material approved by the Management Committee in relation to this Project shall be in both English and French. (b) Paragraph (a) does not apply to public information material related to calls and tenders for the Project unless the Municipality has passed a by-law pursuant to section 14 of the French Language Services Act R.S.O. 1990, c.F.32, as amended or re-enacted from time to time. 8. Audit and Inspection 8.1 Upon reasonable notice from either or. both Parties the Municipality shall make available to either or both Parties, and their respective auditors, all documents, contracts, records, claims and accounts associated with the implementation of this Project, for inspection. 8.2 Each of the Parties may inspect the amounts of all claims in respect of the implementation of the' Project, and all documents, contracts, records and accounts, related to the claims. 8.3 After completion of the implementation of the Project, the Province may undertake a final accounting and audit of the actual costs and may make appropriate adjustments in accordance with the permitted eligible costs. The Municipality shall immediately refund any overpayment upon the Province's written request regardless of when the overpayment is discovered. 8.4 If the Province, during its inspection of any of the documents, .contracts, records, claims and accounts determines that any payment made by the Province has been used by the Municipality for any purpose other than implementation of the Project the Municipality shall, immediately upon written request from the Province, remit the amounts requested to the Province. 8.5 Upon written request from the Management Committee, the Municipality shall provide the Committee with any information which is available to the Municipality with respect to the Project and which the Committee requires for any purpose. - 9 o 9. Indemnification 9.1 The Municipality shall indemnify and save harmless the Parties, their Ministers, officers, employees and agents from and against all claims, demands, losses, costs, damages, actions, suits or other proceedings by whomsoever made, sustained, brought or prosecuted, in any manner arising from any wilful or negligent act, or attributable to anything done or omitted to be done in the implementation, operation, maintenance and repair of the Project. 9.2 If the Municipality enters into an agreement with a Third Party for the purpose of implementing the Project, the Municipality shall ensure that it is a term of that agreement that the Third Party shall indemnify and save harmless the Parties, their Ministers, officers, employees and agents from and against all claims, demands, losses, damages and costs of any kind based upon any injury or loss of property arising from any wilful or negligent act, omission or delay on the part of the Third Party, its directors, officers, employees or agents in carrying out the contract. 10. Insurance 10.1 The Municipality shall maintain comprehensive policies of public liability and property damage insurance, insuring the Municipality for all sums which the Municipality may become obliged to pay as damages by reason of injury to persons (including death) or damage to or destruction of property in the course of any activity caTried Out under this Agreement. 11. Time is of the Essence 11.1 Time is of the essence in this Agreement and any dates or deadlines are to be strictly adhered to. 12. Priority 12.1 In the event of conflict between the body of this Agreement and Schedule "A", Schedule "A" shall prevail. In the event of a conflict between the body of this agreement and Schedule "C" this Agreement shall prevail. 10 - 13. Notice 13.1 Any notices, invoices, reports or communications under this Agreement shall be given by personal delivery or by regular mail, posted in Canada, delivered or addressed as follows: to the Ministry: MINISTRY OF MUNICIPAL AFFAIRS CANADA ONTARIO INFP. ASTRUCTURE WORKS PROGRAM OFFICE (COIW) 13TH FLOOR 777 BAY STREET TORONTO, ONTARIO M5G 2E5 to the Municipality: The Corporation of the Attn: 11 - 14. Schedules 14.1 Schedules "A", "B" and "C" of this Agreement and the provisions contained in those Schedules form part of this Agreement. 15. AlteratiQn or Addition 15.1 No change or modification to this Agreement and Schedules hereto shall be valid unless authorized in writing by both the Municipality and the Province. 16. Bindin~ 16.1 This Agreement binds the Province and the Municipality to it and their respective successors and permitted assigns. 17. Financial Administration Act 17.1 Notwithstanding any other provision in this Agreement all obligations on the part of the Province and the Municipality are subject to the Financial Administration Act R.S.O. 1990, c.F.12, as amended or re-enacted from time to time. 18. Failure to Comply 18.1 Where, in the opinion of the Province, the Munibipality has failed to comply with any of the terms of this Agreement, the Province'shall give the Municipality written notice, by registered mail, of the Municipality's failure to comply. 18.2 If the Municipality upon receipt of the notice referred to in section 18.1 fails to comply with the terms of this Agreement within fourteen (14) days of receiving the notice, the Province may recommend to the Management Committee that it revoke the Project and where 'the approval is revoked, the Province may recover any and all funds paid to the Municipality under this Agreement. 19. Dispute Resolution 19.1 Any dispute arising out of the Agreement shall be submitted to and determined by a court having jurisdiction in the Province to hear and determine such dispute. - 12- IN WITNESS WHEREOF this Agreement has been executed on behalf of the Province by the Minister of Municipal Affairs, and on behalf of the Municipality by the Mayor, Reeve, Warden or Chair and the Clerk. GOVERNMENT OF THE PROVINCE OF ONTARIO witness Minister of Municipal Affairs Date T~E CORPORATION OF THE Witness Mayor/Reeve/Warden/Chair Date Witness Clerk Date ,~a%~=~~ O.CJD~crel. 105/94 1 hereby ceA.f/that the attached is a true copy of an Order made on January 19th, 1994. by H~s Honour the Honourable Henry Newton Rowell Jackman, B.A., LL.B, LieuTenant Governor of the Province of Ontario in Council. D~pu%, Clerk, Executive Council of Ontario Dated at Toronto, January 20, 1994. 1~~ Order ~n Council Oecret On the r¢commen(latlon o¢/he un(lecs~gned, t~e Sur la recommandat~on du souss~gn~, le L,eutenant Governor. Dy and w~th the adwce and heutenant-gouverneur, sur I'aws et avec ~e con- concurrence of the Executive Council. or(acrs that: sentement (au Consed (les mm~stres, decrele ce qul Suit: WHEREAS thc Government of Canada ("Canada'~ and thc Government of thc Province of Ontario ("Ontario") agrcc that there is a need to renew and enhance Canada's and Ontario's physical infrastructure, notably in local communities; AND WHEREAS Canada and Ontario agree that sound m~cstmcnts ~n infrastructure can promote a competitive and productive ecopomy, generate valuable short and long- term employment and accelerate economic recovery: AND WHEREAS Canada and Ontario agree that it is opportune to invest in nccc[ccl infrastructurc in periods of high national or regional uncmploymcnt: AND WHEREASCanada and Ontarioarccommittcd tocnvironmcntalsustamability and recognize that infrastructure investments can enhance thc quality of the environment; THEREFORE thc Minister of Economic Development and Tcaclc an~, thc Minister Gl' Municipal Affairs arc authorized on behalf of Ontario to enter into an agreement with thc Oovcrnmcnt of Canada in English and in Frcnch in substantially thc form of thc agreement attached hereto. Recommended t, Concurred Premier and President ' et of thc Council -',ppro,ed JAN 1 9 199 and Ordered Date Governor O.C. / Decret 105/94 C.P. 1993-7/21~2 22 d~ce~re 1993 Sur recommendation du ministre dm l'Industrie, des Sciences e= de la Techz~c!ogie e~ du Ccnseil du Trico=, il pla~t ~ Son Excellence le Gouverneur g~n~ral en ccn~eil d'approuver que le ministre de l'Industrie, des Sciences et de la Technologie et Ie Pr~siden: du Conseil du Tresor et ministre responsa~le dm l'Infrastructure concluen:, au nom du gouverne~en: du Canada, une enten=e dm contribution sur l'infras=ruc=ure avec le gouvernemen: de la province dm l'Ontaric, prcje= d'en=en=e ci-Joint. P.C. !99]-7/1182 Deceni~er 22, !99] HIS EXCELLENCY THE GOV~R~OR G~NE.RAL IN COUNCIL, on =he recom~enda=ion of the Hlnister of Indus=ry, Science an~ Technology and the Treasury Board, ks pleased hereby to $ciencm a~ld Technology and ~he Prmsiden: of the Treasury Board and Ministmr responsible for Infrastructurm, on behalf of :he Government of Canada, into a C:ntribution Agree. men= an Infras=ru¢=urm with =.he Governmen% of t-he Province of On:ari~, substantially in accordance wi=h the draft agreemen: annexed hereto. This Agreement made this day of January ~994. ~ETWE~N THE GOV£~NMENT OF CANADA (herein referred =o am "Canada") ~h~ Mlnie~er of Industry, Science AND and Trade and the M~ni~er of Municipal Affairs. WHEREAS Canada and the Pro~ince agree =nat =~are i~ a need to renew amd enhamcm Canada'm and Ontario's ~eriode of high national or regional unemployment; ~imely manner; ANO W~EREAS %ne Governor in Council Dy Order in Council t~l~ k~reement on behalf of canada; AND WHEREAS ~he Lieutenan: Governor In Council, by Orde~ in COUncil ~f the day of 199 , hae authorized tRe Minister of £conomic Development and Trade and =he Minis%er of Municipal Affairs to enter NOW TH£REFOR~ THIS AGREEMENT WITNESSETH than ~n as follows: ~.o 1.1 In thi~ Agrsemen=, unless the con,ax= rsqulres (a) "Canada" means Mar MaDesn¥ the Queen xn "Contrtbu=ors" Includes any local and any body co~pora~e, ~henher Dubl~o or ~r~vate, sharin~ in the El~qible Costs of a (b.l)"El~g~le Cos=s~ means =~ose cos~a defined (d) "Federal Imolementing Mints=er" means ~ini$=er of Indus=fy, Science and Technology (a) "Federal Minia=~rs" means =he Federal Mlnlster and n~e Federal Im~lemen=Ing d£s=rlct and metropolitan municipali=iea; Coun=y of Oxfor~ and school boards; (9) "Minis=ers" means the Federal Minisnars amd Canada in his capeci=y as Minisner behalf; (1) "Parties" meanm CANADA and the Provlnue of ONTARIO; em) "Projec=" means a proposed Infras=ruc%ure Municipal Affairs and includes anyone (p) "Provincial Minister(s)" means the Minister and the Provincial completion of a 1.2 Words in =he singular include the plural, and 2.1 The purpose of this Agreement is =o enable CANADA services, notably in local communl=ies; and, 3. 0 ~L~-NAG~ENT ~N~ COORDINATION administer and manage =his Agreement. it s~all appointed by the Provincial Minister(s) . In acted upon if agreed by =he Co-cheAts or respective subeti==tas duly actAng for them. 3.5 The Management Committee (a) assess all nominated pro]et=s, ma~e an nominated project As approved after Marc~ 31, 1996. (b) develop, where appropriate and in a timely mann,r, guidelines for =he assessmen~ and approval of nomAnated · lncremen~ali~y and/or acceleration of investment; · short and long-term job creation; · enhancing long-u~rm s~ills in =he · use of so~nd innova:ire financing capital; and Ontario. (c) ensure that amy project is planning ~racticas, guidelines and any plan(s) a~fectlng ~he particular reglon Pr~vince. Implementation of a projec~ incorporate the shall promptly inform th~ federal Co-Chair received from ~=em=ial contributors. foregoing, s~all: 1997; (b) ensur~ %he implementation of =he. management (c) adopt such standards, procedures, forms (ag. of this Agreement, dsiegane to =hem all Sub-Comm£ttee~, including rules for t~e undertaken the implements=ion of all projects. The review, approval and implementation of any pro~ect~ shall be undertaken in mutual respect of apglicable federal and provincial environmental legislation. due implements=ion of a project shall be awarded adml~istrative, management and contract procedure~ witAin tbs Province. All contracts en=ered into pursuan= :o Section 5. 1 shall incorporate the relevant provisions of this · ali applicable labour, envlronmen%al and harmless =he Parties %0 =his Agreement and their Minks=ers. officers and employees from and against all claims, demands, losses, damages, costs of any kind baaed upon any £n~ury. Or dea=~ of a parson or damage to or loss of property arisin9 from any willful or Third parry shall indemnify and save harmless and against all claims and demands ar=sing our of Or breach of du~y of amy officer, employee or agent of Canada. speoi~oally apply. t~sre me an appropriation by ~he Parliament of Canada for =he funds necessary for the Agreement shall no= exceed $722.370 million. Federal ~£nistar, (i) should the federal share cE direct costs referred =o in Subsections 7.1 (a) 0 (b) , (c) and (d) that are incurred ~ut not necessarily paid for proDec=s approved account for less than $2S2.829 million con%ribut~on by Canada under this Agreement shall be reduced by the amount corresponding =o the shortfall; and (ii) ho more than $108.356 milli%n of =he federal share of direct costs referred =o in Subset=ions 7.1 (a}, (b), (c) and (d) may be incurred after ~arch ]1, 1996 which, in any case, shall be 6.2 (a) The contribution=by Canada from all sources, including =his Agreement, with respect to an~ of =he =oral Eligible Costs approved for that subsection 6.2 (b) of th~s Agreement. (b) Canada may, ac the request of t~e Province co-chair, fund more than one third ~1/3) of the Eligible coa=s of a specific Propec= provided that Canada's share of Eligible costs for ali projects approved under t~ls third (1/3). (c) Eligible Costs referred to in Subsection 7.1 (d) shall be s~ared equally by the Parties. ?. 0 PAYMENT PROCEDURES 7.1 For the purposes of this Agreement, "Eligible Costs" include ell direct costs properly and reasonably incurred and paid solely and specifically in relation to this Agreement that (a) invoiced against a con=rat= for goods and services necessary for the implementation of a Progect; (b) any other costs which are incurred and paid (c) the salariee and other amploymen% benefits of any employee of Canada, the ProvLnce or ~ha Contributor engaged solely and specifically for the purpose of implementing a Pro~ec~ covered in (a), Ih) and (c) above, including th£s Agreement, which have been determined (e) services or works normally providad by either Connri~u=ors shall be responsible for com=ribu~ng under =his Agreeman%. ProJec=, submi=ted in a form and ver£fiad in a any projecn, Canada may make incerim paymen=a =o of Canada'~ share of claims su~mi=ted, based on 7.5 The Province shall account for each lnnarim (90) ~ays after such paymen= by Canada, a de=ailed actually pa£~ by =he Province shall be promp=!y 7.6 No=wl=hstandinq any~ing in sec=ion 7.4, =he Province s~all no= be entinled to any in%erim ~a~ment in a subsa~n= fiscal year un~il all sucA fiscal year have bemn repaid or accounned for in a a) %he party implmmen=ing =he Pro3ec~ informs 9 jUStified, =he inclusion of the cos= 8.0 AUDIT MD INSPECTION 8.1 Canada and =he Province shall ensure =ha= proper years beyond March 31, 1996. 8.] Each of the Parties may inspect =he amounts of all 8.4 Each of the Parties hers=o will provide to amy msm~er of the Mamsgsmen~ Committee on request all information that woul~ indicate t~at a Pro~ect 9.0 ~ROG~ ~,UATION 9.1 Tbs Mansgement Committee shall approvs a plam and budget for ~e evaluation of =he Program of Infrastructure wi=hi= six months of %he s~gning of responsibilities for sv&luation activity and data collection; evaluation issues; and, the character and riming of data ccllec%ion. Ministers an sv&lua=ion report no later than 9.$ ~ach Parry will provide the other with all relevant information as may reasonably be required for such evalua%lon. and delivery of =~e Pla~ ~hall ~e shared ogually 10.5 All public info~-matio~ material =els=ed =o calls funding under t~is Aqraeman~ shall clearly and 10.6 (a) Canada an~ Om=aria may p=ovide, install Cogitate; and, (b) Canada an~ On=ari~ may prow&de and 11.1 This Agreement may be amended from time to time on Provincial Ministers. I% is expressly agreed and Subsection 3.5(a) dealing with the las= approval date, to Subeectiona 6.1 (a) and 6.2 (a) dealing sna=utorily required. 11.2 No member of the House of Commons of ~anada or of =ha Sanane of Canada or of the Legislative 11.3 Nothing in this Agraemen~ ia =o be consnrued as incur any obligation on behalf of =he other or to 11.4 All property including patenta, copyrights and other intellectual property and any revenue acquired as a result of the work performed under any approved projects shall be disposed of, 11.5 No=wi=bm=ending any other provision of this Agreement, all obligations of Canada incurred by virtue of =Aim Agreement shall be subject to =he 11.6 (a) Any dispute between Canada and 0n=ario hereto determined by the Federal Courn of Canada (b) Any dispute arising from contracts entered and governing said contracts. 12 IN WETNESS WHEREOF this Agreement has been executed on the Minister of ~ndustry, science and Technology and on Economic Development and Trade and the Minister of Municipal Affairs, In =he presence of GOVERN~MENT OF CANADA Minister responsible for Science and Tecnnology GOVERNMENT OF PROVINCE OF ONTARIO witness Minister of Ecomomic Affairs 13 - pT.~B~SE AI"~ACH SCHEDUT-P- "B" HERE (MIII~IClPAL BY-lAN) SCHEDULE ''C'' 1. MUNICIPALITY: TOWN OF PICKERING 2. PROJECT NAME: CONSTRUCT A NEW MUNICIPAL FACILITY 3. PROJECT NUMBER: M1040301 4. LOCATION OF PROJECT: PART LOT 18, CON 8, CLAREMONT 5. ELIGIBLE PROJECT COSTS: $2,610,860.00 AS approved and set out in the attached Project Expenditure Schedule. 6. PROJECT START DATE: 1994/05/01 7. PROJECT COMPLETION DATE: 1995/11/30 Schedule B PROVINCIAL-MUNICIPAL INFRASTRUCTURE AMENDING AGREEMENT THIS AMENDING AGREEMENT made this 30~ day of November, 1994. BETWEEN: HER MAJESTY THE QUEEN, in right of the Province of Ontario as represented by the Minister of Municipal Affairs referred to below as the "Province", AN]D: THE CORPORATION OF THE TOWN OF PICKERING referred to below as the "Municipality", W/REREAS on September 27, 1994 the Province and the Municipality entered into a Provincial - Municipal Infrastructure Agreement (referred to as the "Agreement"); AND W/REREAS the Province and the Municipality have agreed that the Agreement should be amended in accordance with the terms set out in this Amending Agreement; A/gD WHEREAS the Municipality has by By-law , dated , 1994 and appended hereto as Schedule "A" authorized the Mayor, Reeve, Warden or Chair and the Clerk to enter into this Amending Agreement on behalf of the Municipality; THEREFORE the Province and the Municipality agree as follows: Adding new projects use the following: 1. Schedule "C" of the Agreement is amended by adding to it the following Projects which will form part of Schedule "C" of the Agreement: 1. M1040302 2. M1040303 2. The terms and conditions of the Agreement continue to apply, except to the extent which Schedule "C" is amended by this Amending Agreement. IN WITNESS WHEREOF this Agreement has been executed on behalf of the Province by the Minister of Municipal Affairs, and on behalf of the Municipality by ~he Mayor, Reeve, Warden or Chair and the Clerk. GOVERNMENT OF THE PROVINCE OF ONTARIO Witness Minister of Municipal Affairs Date THE CORPORATION OF THE Witness Mayor/Reeve/Warden/Chair Date Witness Clerk Date SCHEDULE ''C'' 1. MUNICIPALITY: TOWN OF PICKERING 2. PROJECT NAME: RECONSTRUCTION OF FAIRPORT ROAD 3. PROJECT NUMBER: M1040302 4. LOCATION OF PROJECT: FAIRPORT ROAD 5. ELIGIBLE PROJECT COSTS: $1,747,950.00 As approved and set out in the attached Project Expenditure Schedule. 6. PROJECT START DATE: 1994/06/01 7. PROJECT COMPLETION DATE: 1995/08/31 Schedule C PROVINCIAL-MUNICIPAL INFRASTRUCTURE AMENDING AGREEMENT THIS AMENDING AGREEMENT made this 30=h day of November, 1994. BETWEEN: HER MAJESTY THE QUEEN, in right of the Province of Ontario as represented by the Minister of Municipal Affairs referred to below as the "Province", AND: THE CORPORATION OF THE TOWN OF PICKERING referred to below as the "Municipality", WHEREAS on September 27, 1994 the Province and the Municipality entered into a Provincial - Municipal Infrastructure Agreement (referred to as the "Agreement"); AND WHEREAS the Province and the Municipality have agreed that the Agreement should be amended in accordance with the terms set out in this Amending Agreement; AND WHEREAS the Municipality has by By-law , dated 1994 and appended hereto as Schedule "A" authorized the Mayor, Reeve, Warden or Chair and the Clerk to enter into this Amending Agreement on behalf of the 'Municipality; 2 THEREFORE the Province and the Municipality agree as follows: Adding new projects use the following: 1. Schedule "C" of the Agreement is amended by adding to it the following Projects which will form part of Schedule "C" of the Agreement: 1. M1040302 2. M1040303 2. The terms and conditions of the Agreement continue to apply, except to the extent which Schedule "C" is amended by this Amending Agreement. IN WITNESS WHEREOF this Agreement has been executed on behalf of the Province by the Minister of Municipal Affairs, and on behalf of the Municipality by the Mayor, Reeve, Warden or Chair and the Clerk. GOVERNMENT OF THE PROVINCE OF ONTARIO witness Minister of Municipal Affairs Date THE CORPOP~ATION OF THE witness Mayor/Reeve/Warden/Chair Date Witness Clerk Date SCHEDULE ''C'' 1. MUNICIPALITY: TOWN OF PICKERING 2. PROJECT NAME: RECONSTRUCTION OF SPRUCE HILL ROAD 3. PROJECT NUMBER: M1040303 4, LOCATION OF PROJECT: LOT 27, CONCESSION 1 5, ELIGIBLE PROJECT COSTS: $550,532.00 AS approved and set out in the attached Project Expenditure Schedule. 6, PROJECT START DATE: 1994/06/01 7, PROJECT COMPLETION DATE: 1996/08/31