Loading...
2008-024 Agreement Between the Township of Oro-Medonte and Her Majesty The Queen in Right of Canada as Represented by The Minister of Natural ResourcesTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE By-Law No. 2008-024 Being a By-Law to Authorize the Execution of an Agreement Between the Township of Oro-Medonte and Her Majesty The Queen in Right of Ganada as Represented by The Minister of Natural Resources WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte did, on the 6tn day of February, 2008, pass Motion No. GW080206-15 to supply and apply gravel to two M.N.R. parking lots within the Copland Forest located on Line 3 North and Ingram Road and Line 4 North in early May, 2008; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Memorandum of Understanding (Partner Funding) attached hereto as Schedule "R" and forming part of this By-Law. 2. THAT this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 13T" DAY OF FEBRUARY, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 13T" DAY OF FEBRUARY, 2008. THE CO.I;tiPORAT~FAN OF THE TOWNSHIP OF ORO-MEDONTE agar, tt.~. s Ci+erk, J. i~aug~as Irwin Schedule "A" to By-Law No. 2408-024 MEMORANDUM OF UNDERSTANDING (PARTNER FUNDING) Agreement made in duplicate this 13t" day of February, 2008. BETWEEN: HER MAJESTY THE QUEEN in right of Ontario, as represented by the Minister of Natural Resources, hereinafter referred to as the "Crown" ^ and - TOWNSHIP OF ORO-MEDONTE hereinafter referred to as the Partner" WHEREAS the Crown and the Partner are committed to work in partnership to undertake the restoration of the two parking lots at Copeland Forest Resource Management Area; AND WHEREAS the Crown and the Partner agree to restore the parking lots at the Copeland Forest Resource Management Area by adding new gravel and grading as outlined in Schedule "A"; NOW THEREFORE the Crown and the Partner agree as follows: 1. INTERPRETATION It is understood that the use of the term "partner" is not intended and does not create a partnership at law between the parties. 2. TERM This Agreement shall commence on the 13`" day of February, 2008 and terminate on the 30t" day of September, 2008 3. DESIGNATED REPRESENTATIVES i) The Partner agrees that the Crown, for the purposes of this Agreement, may act through any individual designated by the Crown. ii} For the purposes of this Agreement the designated representative for the Crown is: Raffaella Mooney, Midhurst District, 2284 Nursery Road, Midhurst ON LOL 1 XO Tel: (705) 725-7529, email: raffaella.mooneyC~ontario.ca Far the Partner is: Jerry Ball, 148 Line 7 South, Oro, ON LOL 2X0 Tel: (705) 487-2171, email: jball~oro-medonte.ca iii) Bath the Graven and the Partner agree that they may designate a different representative by providing notice in writing. 4. GROWN OBLIGATIONS i} The Craven agrees to provide a total contribution of $8,000 to the Partner as outlined in Schedule `B' Payment Schedule. 5. PARTNER OBLIGATIONS i) The Partner shall perform the work and services as outlined in this Agreement with due diligence and care and in keeping with the expertise expected from it and in a manner acceptable to the Crown. ii) The Partner agrees to administer the funds and use fair purchasing practices in the acquisition of supplies and services associated with all this Agreement. iii) The Partner will report to the Craven Raffaella Mooney, on the progress under this Agreement an February 13, 2008 and at the conclusion of the project on September 30, 2008. These reports will include a detailed account of expenditures and a summary of activities and achievements of this project. iv) The partner agrees to use "fund accounting" that is acceptable to Ontario and that is in conformance with generally accepted accounting principles, rather than mixing, in a generic account, the funds it receives for this project. 6. AUDIT The Partner shall prepare and maintain books and records of account, including all financial expenditures, respecting its obligations under this Agreement. Upon reasonable demand the Partner shall permit the Crown or any person designated by the Crown, to examine, audit and copy any invoices, accounts, receipts ar other records or materials relating to the Partner obligations under this Agreement ar to the provisions of the payment. This provision shall survive for a period of seven years after expiration ar termination of this Agreement. The Partner's books may be kept by an independent chartered accountant. 7. TERMINATION i} If the Partner does not perform its obligations as required by this Agreement, the Crown shall notify the Partner, in writing, of the deficiency with particulars thereof and the Partner shall within 30 days of receipt of notice; a} rectify the deficiency; or b} meet with the Crown or a designate, in order to agree to the appropriate remedial action. ii) If the deficiency is not rectified or appropriate remedial action is not taken within a 30 day period after the meeting noted in clause i) b), the Crown may demand repayment of all or part of the money disbursed under this Agreement and that money shall forthwith become due and payable. 8. WAIVER OF TERMS The failure of the Crown to insist in one or more instances upon the performance by the Partner of any of the terms or conditions of this Agreement shall not be construed as a waiver of the right of the Crown to require future performance of any such terms or conditions and the obligations of the Partner with respect to such future performance shall continue in full force and effect. A waiver is binding on the Crown only if it is in writing. 9. ASSIGNMENT The Partner agrees that this Agreement, or any part thereof, shah not be assigned or subcontracted without the prior written consent of the Crown, which approval may be withheld by the Crown in its sole discretion. 10. INSURANCE AND INDEMNITY During the entire term of this Agreement, the Partner agrees to obtain and keep in force a general public liability insurance policy in at least the amount of twa million dollars {$2,OOO,OOOAO) of lawful money of Canada, that protects the Partner and the employees of the Partner from all claims, demands, actions, causes of action that may be taken or made against them or any of them for any loss, damage or injury, including death, of any nature or kind whatsoever that may arise through any act or omission or both including negligent acts or omissions of the Partner or any employee or employees of the Partner or any of them. ii} The Partner agrees to protect, indemnify, keep indemnified and save harmless the Crown and Her officers, servants and agents from and against all claims, demands, costs, actions, causes of action, expenses, legal fees whatsoever which may be taken or made against them or any of them incurred or become payable by them or any of them for any loss, damage or injury, including death, of any nature or kind whatsoever arising out of or in consequence of any act, neglect or omission of the Partner or any employee{s} or subcontractors of the Partner in connection with the performance of this Agreement. 11. OCCUPATIONAL HAZARDS i} The Partner shall take special note of inherent occupational hazards, if any. The Partner shall be knowledgeable of, and abide by, the provisions of all legislative enactment, by-laws and regulations in regard to health and safety in the Province of Ontario, as well as and without limiting the generality of the foregoing, the Partner shall specifically ensure that the Partner is knowledgeable of and performs all obligations imposed by the Occupational Health and Safety Act of Ontario. ii) The Partner shall at all times have available a competent supervisor who is authorized to act on the Partner's behalf, and who is to ensure that the work and services are properly and safely carried out. 12. INDEPENDENT CONTRACTOR The Partner agrees to be an independent Contractor far all intents and purposes and that the employees of sub-contractors of the Partner shall not be or be deemed to be employees of the Crown. 13. COMPLY WITH THE LAWS The Partner and the Partner's employees and representatives, if any, shall at all times comply with any and all applicable federal, provincial and municipal laws, ordinances, statutes, rules, regulations and orders, and all by-laws of all relevant local authorities. 14. CONFLICT QF INTEREST i} The Partner, any of the sub-contractors and any of their respective advisors, partners, directors, officers, employees, agents and volunteers shall not engage in any activity or provide any services to the Crown where such activity or the provision of such services, creates a conflict of interest (actually or potentially in the sole opinion of the Crown} with provision of services pursuant to the Agreement. The Partner acknowledges and agrees that it shall be a conflict of interest for it to use confidential information of the Crown relevant to the services where the Crown has not specifically authorized such use. ii} The Partner shall disclose to the Crown without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. iii} A breach of this Section by the Partner shall entitle the Crown to terminate the Agreement, in addition to any other remedies that the Crown has in the Agreement, in law or equity. 15. ENTIRE AGREEMENT The parties hereto agree that this Agreement embodies the entire Agreement between the parties and the Partner represents that in entering into this Agreement the Partner does nat rely upon any previous oral or implied representation, inducement or understanding of any kind or nature. 16. SCHEDULES The Crown and the Partner agree that the provisions of Schedules A & B to this Agreement farm a part of this Agreement as if fully incorporated herein. IN WITNESS WHEREOF the parties hereto have executed this Agreement SIGNED, SEALED AND DELIVERED in the presence of witnes~ as to execution by John T Kus (signature of witness only required if Partner did not use an official seal) HER MAJESTY THE QUEEN in right of Ontario Town ip ro-M onte H.S. Huge , M or ,.~ ___- -._ J. Douglas Irwin, Glerk SCHEDULE "A" to the Agreement between the Crown in right of Ontario and the Township of Oro-Medonte PROJECT OUTLINE PROJECT DESCRIPTION: Restoration of two parking lots (Line 4 and Line 3) at the Copeland Forest Resource Management Area, Township of Oro-Medonte, County of Simcoe Project: • Consists of a placement of crusher run and gravel on both parking lots. • Grading gravel on both parking lots to Township Engineering standards. Partner's In-kind Contribution to the project: • Coordinate the acquisition of permits and authorizations from regulatory agencies • Will coordinate the project implementation, supervision, quality control and traffic control system. SCHEDULE "B" to the Agreement between the Crown in right of Ontario and the Township of Oro-Medonte PAYMENT SCHEDULE As part of the performance monitoring of the project, the Crown agrees to make funding available in accordance with the following payment schedule. Date $8,000 ~ Upon Execution of this Agreement.