1994-144 Enter into an Provincial Infrastructure Agreement with the Queen
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 94-144
Beinq a By-law to Enter Into an provincial-Municipal
Infrastructure Aqreement with Her Majesty the Queen, in right of
the Province of ontario as represented by the Minister of
Municipal Affairs.
WHEREAS on January 24r 1994 the Province and Canada entered into the
Canada-Ontario Infrastructure Program Agreement;
AND WHEREAS the Township of Oro-Medonte desires to improve public
infrastructure and create employment opportunities;
NOW THEREFORE The Council of the corporation of the Township of Oro-
Medonte enacts as follows:
1. That the following projects be undertaken:
Pro;ect No.
Pro;ect Name
Pro;ect Costs
M7062101
Construction of Reservoir for
Harbourwood Water System
$215,000.00
M7062102
Drilling of new well for
Warminster Water system
$15,000.00
M7062103
Shanty Bay Pumphouse Upgrade $10,000.00
M7062104
Renovations & Additions to Public
Works Garage (South Yard) $400,000.00
M7062105
Administration Centre Addition $370,000.00
Fire Department Headquarters
station $365,199.00
2. That the Deputy Mayor and Clerk be authorized to execute the
Agreement, shown as Schedule "A" attached hereto and forming
part of this By-law.
M7062106
3. That this By-law shall come into full force and effect on its
final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 19TH DAY OF OCTOBER, 1994.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 19TH DAY OF OCTOBER,
1994.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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l><<_0tf.4-_ ~~J (~:..,,"1"A"~'
Deputy Mayor Ian Beard
~A"l(ke./ ~J:.k.';;'>d~Yc;:;c,
/ Clerk Darlene Shoebridge
r
PROVINCIAL-MUNICIPAL INFRASTRUCTURE AGREEMENT
THIS AGREEMENT made this 13th 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 TOWNSHIP OF ORO-
MEDONTE
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 "An;
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;
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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;
~D WHEREAS the Municipality is also committed to
working toward this shared goal of investing to improve public
infrastructure and the creation of employment;
~D WHEREAS the Municipality, by By-law 9~/-/L/~/,
dated I~ 1"'1 ,199fand appended hereto as Schedule "B"
(I .
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. Implementation
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 -
. 2.6
3.
3.1
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.
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.
Tenders
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 provisions
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 paid 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. pavment 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 Province.
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.
6.1
. 6.2
Financial Records
The Municipality shall keep separate financial records for
all amounts incurred, claimed, paid and received with
respect to the implementation of the project.
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
All 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.
87.6
(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
II
9.2
10.
10.1
11.
11. 1
12.
12.1
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.
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.
Insurance
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 carried out under
this Agreement.
Time is of the Essence
Time is of the essence in this Agreement and any dates or
deadlines are to be strictly adhered to.
Priority
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.
.
13.
13.1
- 10 -
Notice
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 ONTA1I.IO INFRASTRUCTURE WORKS PROGRAM OFFICE
(COIW)
13TH FLOOR
777 BAY STREET
TORONTO, ONTA1I.IO
MSG 2ES
to the Municipality:
The Corporation of the
Township of Oro-Medonte
P.O. Box 100
Oro, Ontario LOL 2XO
Attn:
Darlene Shoebridge. Clerk
- 11 -
14. Schedules
14.1
It
15.
15.1
16.
16.1
17.
17 . 1
18.
18.1
18.2
19.
19.1
Schedules "A", "B" and "C" of this Agreement and the
provisions contained in those Schedules form part of this
Agreement.
Alteration or Addition
No change or modification to this Agreement and Schedules
hereto shall be valid unless authorized in writing by both
the Municipality and the Province.
Bindinq
This Agreement binds the Province and the Municipality to
it and their respective successors and permitted assigns.
Financial Administration Act
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.
Failure to Comolv
Where, in the opinion of the Province, the Municipality
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.
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.
Dispute Resolution
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.
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GOVERNMENT OF T
6YJ~
PROVINCE OF
O"TARt: ~
Minister of Municipal Affairs
and Housing
qv~ JI d9~
D e
THE CORPORATION OF THE
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~ee~~en7chair
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IJ~~no, ~bW:Y7 .
/ Clerk
- 13 -
PLEASE ATTACH SCHEDULE "B" HERE (MUNICIPAL BY-LAW)
.
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Encu!ive CounciJ
Conseil des
ministres
.
SCHEDULE A
O.C.JDecret 105/94
I hereby certify that the attached is a true copy of an Order made on
January 19th, 1994, by His Honour the Honourable Henry Newton
Rowell Jackman, B.A., LL.B, Lieutenant Governor of the Province of
Ontario in Council.
Dated at Toronto,
January 20, 1994.
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Deputy Clerk, Executive Council of Ontario
.
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Ontarro
Executive Council
ConSElrl des n"lrnl$fres
Order In Council
Decret
On tM recommendatIon of the UndersIgned, the
LIeutenant Governor. by and with the advice and
concurrence of the ExecutIve Council, orders that:
SUr la recommandatlon du sousslgne. Ie
Ijeutenant~gouverneur, sur l'avIS et avec Ie con.
sentement au Conseil des mtnlstres, aecrete ce
qUI SUit:
WHEREAS the Government of Canada ('.Canada") and the Government of the
Province of Ontario ("Ontario") agree 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 investments In
infrastructure can promote a competitive and productive economy, generate valuable short and long-
term employment and accelerate economic recovery;
AND WHEREAS Canada and Ontario agree that it is opportune to invest In needed
infrastructure in periods of high national or regional unemployment;
AND WHEREAS Canada and Ontario are committed to en v iron men tal sustaina bili ty
and recognize that infrastructure investments can enhance the quality of the environment;
THEREFORE the Minister of Economic Development and Trade and the Minister
of Municipal Affairs are authorized on behalf of Ontario to enter into an agreement with the
Government of Canada in English and in French in substantially the form of the agreement attached
hereto,
Recommended
&,~!is-z
i
Premier and President
of the Council
Cone u rred
~~~
Chair of blnet
Approved
and Ordered
JAN 1 9 1994
Date
O.C./Decret 105/94
.
C.P. 1993-7/2132
22 decembre 1993
CANAOA
PRIVY COUNCIt..
CONSEIL PRIVG;
(Rec. du c.~. 820960)
Sur recommandation du ministre de
.
l'Industrie, des Sciences at de la Tech~alogie
et du Conseil du Treser, il plait a Son
Excellence le Gouverneur general en conseil
d'approuver que le ministre de l'Industrie, des
Sciences et de la Technelogie at Ie President
du Conseil du Treser et ministre responsable de
l'Infrastructure concluent, au nom du
gouvernement du Canada, une entente de
contribution sur l'infrastructure avecle
gouvernement de la province de l'ontario,
laquelle entente est conforme en substance au
prcjet d'entente ci-joint.
Gc:'~Tlnt:C ro eE .Go TRI)IO: ccpy ~ COPtE Ct:t::il,:"lrE: CON~ORfot
\12 2J)
CANADA-ONTARIO
INFRASTRUCTL~~ PROGRAM AGREEMENT
~his Agreemen~ made ~his
day of January 1994.
BETWEEN
THE GOVERNMENT OF CANADA (herein
ref erred to as 11 Cana.da If )
represented by ~he Minister
responsible for Infrastructure and
the Minister of rndus~ry, Science
and Technology
.
AND
THE GOVERNMENT OF THE PROVINCE OF
ONTARIO (-herein referr~d to as "the
Prov1nce") represented by t:.ha
M~nister of Economic Development
and Trade and the M~nister or
Municipal Affairs.. '
WHEREAS Canada and the Province agree that there is a
need to renew and enhance canada'g and O~tarioJs
physical in!ras~ruct~re. notab~y in local comrnunitiesi
AND WHEREAS Canada and On~ario agree that sound
inves~ments i~ infrastructure can promote a cornpetit~ve
and productive economy, generate valuaDle short and
long-te.rm employment and accelerat.e economic recovery;
AND WHEREAS canada and Ontario agree ~ha~ it lS
opportune to invest in needed ~nfrastructure in
periods o! high national or regional unemploymen~;
AND WHEREAS Canada and Ontario agree that such
inves~rn.n~s need to be undertaken in an efficient and
timely manner;
AND WHEREAS Canada and On~ario are comm~tted ~o
environmental sustainabiiity and recognize th~t
infrastructure investments can enhance the qual~ty or
the environment;
AND WHEREAS the Governor in Council by Order In Councll
P.C.1993-i/2~S2 dated, December 22, 199) has authQr~zed
the Minister o! In!rastructure together w~th ~he
Minister of Xndustry, science and Technology to execu~e
this Agreement on behalf of canada;
AND WHEREAS the Lieutenant Governor in Council, by
Order in Council of the day of ~99 , has
authorized the Minister of Economic Development and
Trade and the Minister of Municipal Affairs to en~er
into this Agreement on behalf of the Province of
Ontari.o;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in
consideration of the premises. covenants anaagreernents
herein contained, the parties here~~ covenan~ and agree
as tallows:
- J -
(n) !'Provincial Implementing Min~sterJ' means the
Minister of Economic Development ana Trade
and includes anyone au~horized to act on the
Minister's behalf;
(0) I'Provincial M1nister" ~eans the Minister of
Municipal A~rairs and includes anyone
authorized to act on the Minister's behalf;
.
(p)
uProvincial Minister(s)" means the Provincial
Minister and the provincial Implementing
Minister; and
(q)
ItThir~ Par~y'l means any person, other than a
Par~y to this Agreement or a cOM~ributor,
with whom an aqreemen~ is signed for the
completion of a project.
~.2 Words in the singular include the plural, and
words in the plural include the singular.
,
2..0 Pt1RPOSE
2.1 The purpose of this ~greement is to enable CANADA
and the Province of ONTARIO, in co-operation,
where and as appropriate, ~ith Con~ributors to
undertake a program of investment in order to:
. renew and enhance the quality Qf Canada's
and ontario's infrastructure which is
instrumental in the provision ot public
services, notably in local communitiesi and,
. provide for timely and effective employment
creation~
3.0 MANAGEMENT AND COORD%NATION
E5tablishrnen~ and Internal ~~les
3.1 A Management committee shall be established to
aQminister and manage ~his Agreement~ rt shall
consist of four members, two to be JOintly
appointed by the Federal Ministers and two to be
appointed by the Provincial Minister(s), In
addition, the Federal Minister and the Provincial
Minister may each appoint one representative as an
ex-o~ticio member of the Management Committee.
The Management Committee shall continue to exist
and operate for as 10ng as necessary to meet the
requirements of the Agreement.
J.~ The Management Committee shall be headed by two
Co-chairs, one from the two federal members, to
be known as the federal co-chair, and one from the
two provincial members, to be known as the
provincial Co-chair. The federal and provincial
members not appointed as Co-Chairs shall act, in
absence of the~r Co-Chair, as ~h. substitute.
3.3 The Management Committee shall meet on a timely
basis at such places and on such dates as may be
aqread by the Co-chairs. A quorum for all
meetings of the M~nagem<<nt Committee gha~~ be made
of the Canada Co-ohair or substitute member and
the Provincial Co-chair or substitute member;
3.4 Decisions of the Management Committee can only be
- 5 -
Admi~istr~tion
3.7 The Management committee shall be responsible for
~he administration and managemen~ of this
~greementf and witho~t limiting the generality of
the foregoing, shall:
.
(a)
ensure that the expected completion date o~ a
project shall not be later than March Jl,
~997;
ensure the implementation of the management
information and evaluation provisions of this
Agreement and ensure a free flow of
1ntormaeion between the Parties; .
(c) adope such standards, procedures, forms (eg.
Project Authorization form) J reports and
guide~ines consi5tent with this Agreement as
it deems expedient and appropriate ~o achieve
its purpose;
(b)
(d) eseab~ish Sub-Commieeaes as may be requ1red
tram time to time to assist in the management
of this Agreement, delegate to them a~l
necessary authority to carry out their
mandata and.establish all procedures with
respect to its own meetings and those of the
Sub-Committees, including rules for ~he
conduct of meetings and the making of
dec~sions where ~hQ members are not
physica~~y present; and
(e) carry OU~ any other du~ies, powers and
functions speci~ied elsewhere in ~his
Aqraement or as may be assigned to the
Management Committee by ~he Minis~ers to
accomplish the Purpose of the Agreement.
4.C IMPLEMENTATION
4.~ Subject to the terms at. this Agreement, ~he
province sha~l undertake or shall cause to be
undertaken the implementation of all projec~s.
4.2 The review, approva~ and imp~ementation of any
projects sha~l be undertaken in mutua~ respect of
app~icab~e federal and provincia~ environmental
leqis~ation.
S.C CONT~CT PROCEDURES
5.~ A~l cOntrac~s to be entered into by the Province
or by any Contributor with a Third parey for the
due imp~ementa~ion of a project shall be awarded
and administered in accordance with the
administrative, management and con~ract procedures
within the Province.
5.2 All contracts en~ered i~to pursuant to section 5.~
shall incorporate the relevant provisions of this
Agreement and in particular, that
. Any of the members of the Managemen~
Committee shall be permitted, at a~~
- 7 -
(b) Except with the written agreement of the
Federal Ministerl
(i)
should the federal share of direct costs
referred to in Subsections 7. ~ (a). (b),
(c) and (d) that are incurred but not
necessarily paid for projects approved
account for less than $252.829 million
by March 31, 1995, the maximum total
contribut~on by Canada under this
Agreement shall be reduced by the amount
corresponding to the shortfall; and
.
6.2
(ii) no more than $~08.J56 millron of the
federal share or direct costs re!erred
to in Subsections 7. ~ (a), (b), (c) and
(d) may be incurred af~ar March 3~,
1996 which, in any case, shall be
incurred on or before March J1, 1997.
The contribution~bY canada trom all sources,
including this Agreement, with respect to any
o~e Project shall no~ exceed one-third (1/3)
of the total Eligible costs approved for that
project, excep~ as otherwise provided in
subsection 6.2 (b) of th~9 Agreement.
Cb) Canada may, at the request of the Province
but subject to the agreement of the federal
Co-chair, fund more than one third C~/3) of
~hQ ~liqible cos~s of a specific Project
provided that Canada's share of Eligible
CQsts for all projec~s approved under this
Agreement, at any given ~ime, by the
Management commit~ee does not exceed one
thir<l (1/3).
(a)
Cc) Eligible Costs referred to 1n Subsection 7.l
(<I) shall be shared equally by the Parties.
7.0 PAYMENT PROCEDURES
7.1 For the purposes of this Agreement, "Eligible
Costs" includE! a~l direct costs properly and
reasonably incurred and paid solely and
specifically in relation to this Agreement tha~
are:
(a) invoiced against a contract ror goods and
services necessary for the implementation of
a Project;
(b) any other costs which are incurred and paid
in the course or implementation of the
Project thAt are recognized and determined as
relevant by the Manaqemen~ Committee; and
(c) the salaries and other employment benefits of
any employee of Canada, the Province or the
Contributor enqaged solely and specirically
for the purpose of implementing a project
under this Agreement which costs have been
determined and approved by the Management
Committee;
.
,"
- ~ -
(b) the Management Committee approved, as bein9
justitied. the inclusion ot the cost
overruns; and
(0) funds are available to cover said costs
overruns.
8.0 AUDIT AND INSPECTION
.
8.1 Canada and the Province shall ensure that proper
ana accurate accounts and records are maintained
with respect to each Project undertaken pursuant
to th~s Agreement and sh~ll. upon rea$onab~e
notice, maKe such accQunts and records available
for inspectlon.
8.2 Accoun~s shall be maintained for a period of three
years beyond March 31, 19~6.
8.3 Each of the Parties may inspect the amounts of all
cla~ms in respect of any project implemeMted under
this Agreement and the accounts and records
related theretow Any discrepancy bet~een the
amounts paid by any of the Parties and the amount
payable under this Agreement shall be prornp~ly
adjusted between the Part~es.
8.4 Each ot the parties hereto will provide to any
member ot the Management Committee on request a~l
information that would indica~e ~hat a ProJect
hereunder has been undertaken or completed and the
costs incurred with respect thereto.
9.0 PROGRAM EV~UATION
9.1 The Management Committee shall approve a plan and
buclget for the evaluation of the program of
Infrastructure within six months of the signing of
the Agreement. Costs associatecl with the
evaluation shall be shared equally by th~ Parties.
9.2 The evaluation plan shall identify:
responsibilities fer evaluation activity and data
collection; evaluation issues; and, the character
and timing of data collection.
9.3 The Management Committee shall approve the terms
of reference for the evaluation before it is
undertaXen.
9.4 The Management Committee shall submit to the
Ministers an evaluation report no later than
twelve months after March 31. 1996.
9.5 ~ach Party will previde the other with all
relevant information as may reasonably be required
tor such evaluation.
..
- 11 -
J.J..o GENERAL
.
11.1 This Agreement may be amended from time to time on
written agreement of the Federal Ministers and
Provlncial Ministers. It is expressly agreed and
understood, however, that any amendment to
Section 2.0 dealing with PURPOSE, to the part of
Sub5ect~on J.5(a} dealing with the last approval
date, to subsections 6.1 (a) and 6.2 (a) deallng
with the financial participation of canada must be
approved by the Governor in council or mus~ obtain
any other approval that may be otherw'ise
statutorily required.
ll.2 No member of the House ot Commons or Canada or of
the Senate of canaQa or of the Legislative
Assembly of Ontario shall be admitted.to any share
or part of any contract, agreement o~ commission
made pursuant to this Agreement or to any benefit
arising therefrom.
.
1~.3 Nothing in this Aqreement is to be construed as
author~zing one party or, at the demand of the
Province, any contributor to contract for or to
incur any obligation on beh~lf of the other or to
act as agent for the other.
~J..4 A~l property including patents, copyrights and
other intellectual property and any reVenue
acquired as a result of the work performed under
any approved projects shall be disposed of,
licensed or otherwise dealt with as the Management
Committee may from time to ~ime determine.
ll.5 Notwithstanding any other provision of this
Agreement, all obligations of Canada incurred by
virtue of this Agreement shall be subject to the
Financial Administration Act.
11. 6 (a)
Any.dispute between Canada and Ontario hereto
or any question of law or fact arising out of
this Agreement shall be submitted to and
determined by the Federal court of canada
pursuant to the Federal court Act of Canada.
(0) Any dispute arising from contracts entered
into pursuant to Sect~on 5~~ ot this
Agreement shall be submitted to and
determined by the court having jurisdiction
and qoverninq said contracts~
SCHEDULE I I C I I
---------------
~. MUNICIPALITY:
TOWNSHIP OF
ORO-MEDONTE
2. PROJECT NAME:
CONSTRUCTION OF RESERVOIR FOR HARBOURWOOD WATER SYSTEM
3. PROJECT NUMBER:
M7062l01
4. LOCATION OF PROJECT:
PLAN 118, PART LOT 27, CON 7, BLOCK F
5. ELIGIBLE PROJECT COSTS:
$215,000.00
As approved and set out in the attached
Project Expenditure Schedule.
6. PROJECT START DATE:
1994/09/01
7. PROJECT COMPLETION DATE:
1995/03/31
,"-"--~"-
-
(Section 2.1
.
P~O"ECT J;XPEN'P~T~A~~~~~~~ja~~~~ls PflEVUES pu PROJt:T><'
U"!r(H~9h 2.11 ~ Guide to ttle ApP'!c~t'cm fOHn)/(Artlcle 2.1 ~ 2.11 ~ Guide pour rempllr'~ f()rmu!alf~ de demande)
.-
l.QQJr-"lXf/'.'ulaU't: 10.:.,01
~ toI-*/NOa 4u '"*'
1114/95
1185/le
111118/117
Apt..Joo/ JLdy..sept/ Oct-DtIC/ Jan-Mar/ Apr.Jun/ JLdy,Sept/ Oct-OtICl Jan-Mar/ Apr..Jun/ July-Sept/ Oct-Dec/ Jan-Mar/
Avr..JuIn JuI-Sept Oct-Otic Jan-Uara Avr.Juln JuI-Sept Oct-OOO Jan-Mera Avr.Juln. Jul-Sept OCl-06c Jan-Mars
2.1 Invoiced Cosls . Major Contract/ CoOts factures. Contra/Important
L 1-
--'-'-'
2.2 Other relevant contract costs/ Autres coflts pertlnents du conlral
2.3 Salaries & Employee Benemsl Salalres el avantages soclaux des employes
2.4 Equipment/Materiel
2.5 Other Costs (specify)/AUlres coflts (preclser)
2.6 Total Estimated Project Gross Cost/CoOt brut total estlmatll du proJet
2.7 less GST Rebates/MoIns remboursemems deta TPS
2.8. Taral Estimated Project Nel Cost/CoOt net total estlmatll du pr6J8I
1_'1~j\(r';.
~t~~t~f~1nu '/flna~total.~>.
yN3}~5t
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2.9 Canada Ontario Infrastructure Works Capkal (Federal and Provincial Shares) /
ReCetlllS en capkal. Programme sur IllS travaux d'ln!raslructure Canada-Ontarlo (Parts Itldtlrale 81 provlnclale)
2.10 Local Partner's Own Resources/Fonds propres du pan_Ire local
2.11 Private Sector Contributions (Attach Business Case) /Contrlbutlons du saCleur prIv6 (pt16re de IoIndre un rapport d'affaires)
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SCHEDULE I I C I I
---------------
~. MUNICIPALITY:
TOWNSHIP OF
ORO-MEDONTE
2. PROJECT NAME:
DRILLING OF NEW WELL FOR WARMINSTER WATER SYSTEM
3. PROJECT NUMBER:
M7062102
4. LOCATION OF PROJECT:
PART LOT 6, CONCESSION 14
5. ELIGIBLE PROJECT COSTS:
$15,000.00
As approved and set out in the attached
Project Expenditure Schedule.
6. PROJECT START DATE:
1994/09/01
.
7. PROJECT COMPLETION DATE:
1994/12/31
i
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-.-.--.....- (sectio. i , , " 'SCHEDULE 2lA~NEXe 2 r.: -
pRO.tECT EXPEtU~'TUne fORECASTlo, PENSES PflEVUES DU PRO.tET
throu9h 2.11 . GuIde to the Appllcat on form)/(Artlcle 2.1 fa 2.11 . GuIde pour rempllr h~ for re de demande) -
t.(lQj 'anacr/'aMaUn: loW haf-a tu-/Noa.. projIt
---?O: "YI,p /;)' ;S//2D'- ~,O[)^,I';C I, I - h. J
.
IF ~.( J;: <<../11 //1) 5'TEK A>'E~
ptUN . f. -. -
188./85 1895/88 1888/87
Apr..Jun1 J"'y-Sept/ OcI-Deel Jan-Mer I Apr..Junl JIJy-Sept/ Oct-Deel Jan-Marl Apr..Jun/ July-Sept / OcI-Dec/ Jan-Mar /
Avr..Juln JuI-Sept Oct-D6c Jan-Mans Avr..Juln JuI-Sept Oct-D6c Jan-Mans Avr .Jutn JuI-Sept Oct-Dee Jan-Mars
- -
2.1 Invoiced Costs - Major Contract/ CoOts Iactur6s . Contrat Important \S_lL:~\
-_.._--~..-
2.2 Other relevant contract costs/ Autres coOts pertlnents du contrat -
2.3 Salaries & Employee Benellts/ Salalres et avantages soclaux des employ6a
2.4 Equipment/Materiel
2.5 Other Costs (spacify)/Autres coOts (prllclser)
2.6 T oIal Estimated Project Gross Cost/CoOt brut total estlmatU du projel /
::- ~I. .
2.7 Less GST Rebates/Molns remboursements de Ia iPS ..;G. 1/ . .
2.8. Total Estimated Prolect Net Cost/CoOt nel total estlmatU du projet 15.tc:c../
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2.9 Canada Ontario Infrastructure WOIks Capital (Federal and Provincial Shares)! iT' ,../
?
Recettes en capRal ' Programme sur las travail)( d'lnlrastructure Canada-Ontarto (Pat1s 16d6ra1e at prOVlnclale) ''/ -z;; IC\bOO (~',:"'}Q ,
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2.10 local Partner's Own Resources/Fonds propres du partenalre local (/ ':2..~ <) ./~ :) (- L \,."""i",'
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SCHEDULE I I C I I
---------------
..
MUNICIPALITY:
TOWNSHIP OF
ORO-MEDONTE
2. PROJECT NAME:
SHANTY BAY PUMPHOUSE UPGRADE
3. PROJECT NUMBER:
M7062l03
4. LOCATION OF PROJECT:
PART LOT 27, CONCESSION 3
5. ELIGIBLE PROJECT COSTS:
$10,000.00
As approved and set out in the attached
Project Expenditure Schedule.
6. PROJECT START DATE:
1994/10/01
7. PROJECT COMPLETION DATE:
1994/12/31
---. ..._.~ - -~------------'--_.-
.
PROJECTEXPENPiTU~~~~~~~Lfs~Ja~~g~~lsr~EVtJES DU PROJE-,-i,('.'<ii
(Sectioo 2.1 thrQ!J9h 2.11 . 4ulct~ to the ApplicAtion form)/(Art'cl~ 2.1 ~ 2,n. G41de pour rampllr 'tf9rm4!alrtt de demand~)
l..QQ1 f~~r/'.nclWn: b;:d
~"-fN_duprojd
111114/85
Apr-Jun/ JlJy-Sepl/ Oct-Dee/ Jan.Mar/
Avr-Juln JuII-Sepl Oct-Dlk: JaR-Mars
1l1li5/116
11196/117
Jan..Mar/ Apr-Jun/ JlJy-Sept/ Oct..[)ee/ JaR-Mar/
Jan-Mars Avr.JuIn JuD-Sept Oct,Dec Jan-Mars
2.1 Invoiced Costs - Major Contract/ CoOts factures - Con1rat Important
\;It >(-,:
2.2 Other relevant contract costs/ Autres coOts pertlnents du contrat
2.3 Salaries & Employee Beneftts/ Salalres a! avantages soclaux des employ6s
2.4 Equipment/Materiel
2.5 Other Costs (specify)/Autres coOts (preclser)
2.6 Total Estimated Project Gross Cost/CoOt brut total estlmatJf du proia!
2.7 less GST Rebates/Molns remboursements de Ia TPS
2.8. Tota! Estimated Project Net Cost/CoOt na! tota! estlmatlf du projet
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2.9 Canada Ontario Infrastructure Works Capttal (Federal and Provincial Shares) /
Recettes en capttal, Programme sur les travaux d'lnfrastructure Canada.ontarJo
2.10 local Partner's Own Resources/Fonds propres du partenalre local
2.11 Private Sector Contributions (Attach Business Case)/Contrlbutlons du secleur prIv8 (PrIlIre de joIndre un rapport d'affaires)
SCHEDULE I I C I I
---------------
. 1. MUNICIPALITY:
2. PROJECT NAME:
RENOVATION AND ADDITION TO PUBLIC WORKS GARAGE
TOWNSHIP OF
ORO-MEDONTE
3. PROJECT NUMBER:
M7062l04
4. LOCATION OF PROJECT:
PART LOT 15, CONCESSION 8
5. ELIGIBLE PROJECT COSTS:
$400,000.00
As approved and set out in the attached
Project Expenditure Schedule.
6. PROJECT START DATE:
1994/09/01
7. PROJECT COMPLETION DATE:
1995/02/28
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~xP~NPlr~~~~W:.&~~~Ja~~g~{S PfleVUES DU
PROJECT PROJgT
thr94Qh 2.1 1 :'~I.!IQe to tno ApPllc"t!QfI form)1 (Art'~!Et 2, 1 ~ 2. n .. ~ulde pour rempllr !Et forffilJlalre de demandEi) -
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Avr.Juln JuI..sept Oct..o4c Jan.Mara Avr.Juln JuI..sepl Oct-06o Jan-Mara Avr.JuIo JulcSepl Oct-DtIc Jan.Mars
-
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, --"- -----.-.--
2.2 OIOOr relevant conllacl costsj AUlres coOts pertlnenls du conlml ,
.- --.
2.3 Salaries & Employee Benelttsj Salalres el avantages soclaux des employes
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24 EquIpment jMaltjrlel
2.5 Olher Costs (specify) j AUlres coOts (pr6clser)
2.6 Tala! Estimated Projecl Gross CosljCoOt brUl IOIaI eSlJrna11l du prole! ~roj 1<:/ ,,,,, .
2.7 Less GST Rebates(Molns remboursemenls de la TPS II)""'" 1'. No.'
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29 Canada Ontario Infrastructure Works Capital (federal and Provincial Shares) / '2 2(,\:' H :r "(,
Recettes capttal Programme les d'lnlraslruclure Canada.QnJarlo (Parts l&derale provincial e) Isc 5 -, ; , , 'I "
en - sur Itavaux e! L v \:.' c " c;"\"
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SCHEDULE " C I ,
---------------
. 1. MUNICIPALITY:
2. PROJECT NAME:
ADDITION TO ADMINISTRATION CENTRE
TOWNSHIP OF
ORO-MEDONTE
3. PROJECT NUMBER:
M7062105
4. LOCATION OF PROJECT:
PART LOT 21, CONCESSION 7
5. ELIGIBLE PROJECT COSTS:
$370,000.00
As approved and set out in the attached
Project Expenditure Schedule.
6. PROJECT START DATE:
1995/04/01
7. PROJECT COMPLETION DATE:
1995/09/01
PROJECT~~~~~~,iti~~~w=~~~~}a~~~~E\~~~~O~$ PU ++'+;Ni~#& _
PROJET// .... .
r~mpllr "f9rm41... ~ q~mand~) ,
(S~cti() rcn~gh ~.1 1 ~ Gulq~ t9 'he App"c:~t'9!1 form)/(Art,ql~ ~.1 i\ 2.11, GI.I!qe pour
l,.(;q1 r&ftllU/rtnc-u. b:.:aI PrajId tI_JH-" pq.I
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Avr.JuIn Jill-Sept Oct-D4c Jan-M818 Avr.Juln JIll-Sept Od-D4c Jan-Mans Avr.JuIn Jill-Sept Oct-Dee Jan-Mars
2.1 Invoiced Costs Major Contract/ CoOts facturlls ConIraI Jmportent '(J- . c. - ~. ,....>
- . \"'/ .,,~ " ,
2.2 Other rel8llant contract COSIS/ Autres coClts pertlnenls du COnlrat .
2.3 Salaries & Employee Benefits/ Salalres et avanlages soclaux des empIoylls
2.4 Equlpmenl/Materlel
2.5 Other Costs (specJtyll Autres coClts (preclserl
2.6 Total Estimated Project Gross Cost/CoOt brut total estlmatif du proJet ':;\1 y,'" '~c:: Z ."+\.""::
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2.7 Less GST Rebates/Mofns remboursements de Ia TPS 1 4- .;-,~ - '...; ~..,-
2.8 Total Estimated Project Nel Cost/CoOt net total est1matif du proJat 1"~ .' 1':':--\71:-,
'. --!,.--....-'.
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2.9 Canada Ontario Infrastructure Works Capital (Federal and Provincial Sharesll 'L;~ 'L.\.Ib b<cY '"
Recettes cepkal Programme les travaux d'lnlrastructure Canada.Qnlarlo (Parts fGderala at provincial e) 'j .r ......,.,..,..1 I -
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2.10 local Partner's Own Resources/Fonds propres du partenalre local \/~7 IU ~l..,-S ~- - <,;;(0-
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2.11 Private Sector Contributions (Attach Business Casel/Conlrlbutlom prlv6 (PrIlIre de jolndre d'allalres) ~
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.
SCHEDULE I I C I I
---------------
~ 1. MUNICIPALITY:
2. PROJECT NAME:
CONSTRUCTION OF A NEW FIRE DEPARTMENT HEADQUARTER STATION
TOWNSHIP OF
ORO-MEDONTE
3. PROJECT NUMBER:
M7062106
4. LOCATION OF PROJECT:
PART LOT 1, CONCESSION 5
5. ELIGIBLE PROJECT COSTS:
$365,199.00
As approved and set out in the attached
Project Expenditure Schedule.
6. PROJECT START DATE:
1995/07/01
7. PROJECT COMPLETION DATE:
1996/03/31
~
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rRO~ECT EXPENP.ITUA~fQriECASiJPEPENSES PREVUES DU rRO~ET
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1885/18
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-
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2.2 Olher relevant contracl cosls/ AUlres coClls pertlnenls du contral
2.3 Salaries & Employee Benelhs/ Salalres eI avantages soclalJ)( des employes
2.4 Equlpmenl/Materlel
2.5 Other Costs (speclfy)/AUlres coClls (pr6clser)
2.6 Total Estimated Project Gross Com/CoCII brUllotal estlmalW du prolel
2.7 less GST Rebales/Molns remboursemenls de Ia TPS
2.8 Total Estimated Project Net Cost/CoOl netlolat esllmall du proJet
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2.9 Canada Ontario Infra&lruclure Work. Capital (Federal and Provincial Shares) /
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2.10 Local Partner's Own Resources/Fonds propres du partenalre local
2.11 Prlvale Seclor ContrlbUllons (Attach Business Case)/ContrlbUllons du secteur pr1ve (P~ de JoIndre un rapport d'affaires)
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