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";
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(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.
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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;
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(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.
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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.
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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.
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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.
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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:
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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.
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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