HomeMy WebLinkAbout94-49
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 94- 49
Being a By-law to authorize the execution of
an Agreement between the Corporation of The
Municipality of Clarington and The Ministry of
Municipal Affairs (the Province).
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on
behalf of The Corporation of The Municipality of Clarington
and seal with the Corporation's seal, an agreement between The
Ministry of Municipal Affairs (the Province) and the
Municipality.
2. THAT the agreement attached hereto as Schedule "A" forms part
of this By-law.
BY-LAW read a first and second time this 28th day of March, 1994.
BY-LAW read for a second time and finally passed this 28th of
March, 1994.
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PJlOVXBCDL-JIUlIICIPAL ID'IlA8DU~ AGRB~Z
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THIS AGRBBKBRr made this 22nd day of June, 1994.
BBTWBBB:
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",
AIlID :
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
referred to below as the "Municipality",
WRRR~~ 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";
'aBD WHRR"A Canada and the Province are committed to
the renewal and enhancement of Canada's physical infrastructure;
aBD WHRR8~A 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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ABD ~R~R 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;
ABD ~R~R the Municipality is also committed to
working toward this shared goal of investing to improve public
infrastructure and the creation of employment;
ABD ~R~R the Municipality, by By-law
94-49
dated MARCH 28
, 1994 and appended hereto as Schedule "B"
authorizes the Mayor, Reeve, Warden or Chair and the Clerk to
enter into this Agreement on behalf of the Municipality;
TRRRBPORB 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 cos'ts" 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) "lfanagemen't CoBJJJJi't'tee" means the Management Committee
established pursuant to section 3.1 of Schedule "A";
(e) "lfinis'ter" means Minister of Municipal Affairs;
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(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.
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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 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. 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 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. Financial Records
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 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.
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 . Audi t and Inspection
8.1 Upon reasonable notice from either or both Parties the
Municipality shall make available to either or both
Parties, and their respective auditors, all documents,
contracts, records, claims and accounts associated with
the implementation of this project, for inspection.
8.2 Each of the Parties may inspect the amounts of all claims
in respect of the implementation of the Project, and all
documents, contracts, records and accounts, related to the
claims.
8.3 After completion of the implementation of the Project, the
Province may undertake a final accounting and audit of the
actual costs and may make appropriate adjustments in
accordance with the permitted eligible costs. The
Municipality shall immediately refund any overpayment upon
the Province's written request regardless of when the
overpayment is discovered.
8.4 If the Province, during its inspection of any of the
documents, contracts, records, claims and accounts
determines that any payment made by the Province has been
used by the Municipality for any purpose other than
implementation of the Project the Municipality shall,
immediately upon written request from the Province, remit
the amounts requested to the Province.
8.5 Upon written request from the Management Committee, the
Municipality shall provide the Committee with any
information which is available to the Municipality with
respect to the Project and which the Committee requires
for any purpose.
9.
9.1
9.2
10.
10.1
11.
11.1
12.
12.1
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Indemnification
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.
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13.
13.1
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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 ONTARIO INFRASTRUCTURE WORKS PROGRAM OFFICE
(COIW)
13TH FLOOR
777 BAY STREET
TORONTO, ONTARIO
M5G 2E5
to the Municipality:
The Corporation of the
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Attn:
14.
14.1
15.
15.1
16.
16.1
17.
17.1
18.
18.1
18.2
19.
19.1
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Schedules
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.
Binding
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 Comply
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.
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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
~HE PROVINC~ OF ONTARIO
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witness Minister of Municipal A
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ate
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
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witness
July 6, 1994
Date
witness
July 6, 1994
Date
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SCHEDULE A
O.C./Decret'105/94
Executive Council
Conseil des
ministres
Ihereby certify that the attached is a true copy of an Order made on
January 19th, 1994, by His Honour the Honourable Henry Nemen',
Rowell Jackman, B.A., LL.B, Lieutenant Governor of the Province of
Ontario in Council.
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Deputy Clerk, Executive Council of Ontario
Dated at Toronto.
January 20, 1994.
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Onlano
ExecutIve CouncIl
Conseol des mlO,stres
Oecret
On the recommendation of the undersigned, the
Lieutenant Governor, by and with the advice and
concurrence of the Executive Council, orders that:
Sur la recommandation du soussigne, Ie
lieutenant-gouverneur, sur I'avis et avec Ie con-
sentement du Conseil des ministres, decrete 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 10
infrastructure can promote a competitive and prOductive eco.!lomy. 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 vironmentalsustainability
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
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Premier and, President
of the Council
Concurred
~.
Chair o~et
Date
Approved
and Ordered
JAN 1 9' 1994
O.C./Decret 105/9 4
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CANAD~-ONTARIO
INFR~STRUCTURE PROGRAM AGREEMENT
This Agreement made this
day o~ January 1994.
BETWEEN
THE GOVERNMENT OF CANADA (herein
referred to as "Canada")
represented by the Minister
responsible for Infrastructure and
the Minister of Industry, Science
and Technology
AND
THE GOVERNMENT OF THE PROVINCE OF
ONTAR.J:O (herein referred to as "the
Province") represented-bY the
Minister o~ Economic Development
and Trade and the Minister o~
Municipal Affairs. '
WHEREAS Canada and the province agree that there is a
need to Tenew and enhance Canada'S and Ontario's
physical in~rastructure, notablY in local communities;
AND WHEREAS Canada and ontario agree that sound
investments in infrastructure can promote a competitive
and productive economy, generate valuaDle 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 agree that such
investments need to be undertaken ,in an efficient and
timely manner;
AND WHEREAS Canada and Ontario are committed to
environmental sustainability and recognize thet
infrastructure investments can enhance the quality of
the environment;
AND WHEREAS the Governor in council by Order in council
P.C_1993-7/2182 dated, December 22, ~993 has authorized
the Minister of Infrastructure together with the
Minister of J:ndustry, science and Technology to execute
t~is Agreement on behalf of canada;
AND WHEREAS the Lieutenant Governor in Council, by
Order in council ot the day of 199 , has
authorized the Minister of Economic Development and
Trade and the Minister of Municipal Affairs to enter
into this Agreement on behalf of the province of
Ontar~o;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in
consideration ot the premises, covenants and agreements
herein contained, the parties hereto covenant and agree
as follows:
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1.0 DEF~N~T:IONS
~.~ In this Agreement, unless the context requires
otherwise,
(a) "Canada" means Her Majesty the Queen in Right,
of Canada;
(b) "contributors" includes any local government
and any body corporate, whether public or
private, sharing in the Eligible Costs of a
Project;
(P.~) "Eligi.ble ,Costs" means those cos~s defined in
i.~ of this Agreement;
(c)
(d)
(e)
(f)
( q)
(h)
(i)
"Federal Minister" means the Minister
responsible for Infrastructure and includes
anyone authorized to act on the Minister'S
behalf;
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"Federal Implementing Minister" means the
Minister o~ J:ndustry, Science and Technology
and includes anyone authorized to act on the
Minister'S behal~;
"Federal Ministers" means the Federal
Minister and the Federal Implementing
Minister;
"Fiscal Year" means the period commencing on
April 1 of any year and terminating on
March 31 of the immediately ~ollowing year;
"In~rastructure" means physical capital
assets in Canada instrumental in the
provision of puplic services;
"Local governments" means villaqes;.towns;
townships; cities; counties; regional,
district and metropolitan municipalities; the
County of oxford 'and school boards;
"Management Committee" means the Committee
established pursuant to Section 3.1 of this
Agreement responsible for managing and
administering this Agreement;
(j)
"Ministers" means the Federal Ministers and
the Provincial Ministers;
(k)
"Minister responsible for Infrastructure"
~eans the President of the Treasury Board of
Canada in his capacity as Minister
responsible for Infrastructure and includes
anyone authorized to act on the Minister's
behalf;
(1)
"Parties" means CANADA and the Province o~
ONTARIO;
(m) "project" means a proposed Infrastructure
project that receives approval for
implementation by the Management Committee as
per section 3.5 of this Agreement;
(m.l) "Province" means the Province of ontario;
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(n) "Provincial Implementing Minister" means the
Minister of Economic Development and Trade
and includes anyone authorized to act on the
Minister's behalf;
(0) "provincial Minister" means the Minister of
Municipal A~fairs and includes anyone
authorized to act on the Minister's behal~j
(p) "provincial Minister(s)" means the provincial
Minister and the Provincial Implementing
Minister; and
(q) "Thir4 Party" means any person, other than a
party to this Agreement or a con~ributor,
with whom an agreement 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 PURPOSE
2.1 The purpose of this Agreement is to enable CANADA
and the province o~ ONTARIO, in co-operation,
where and as appropriate, with Contributors to
undertake a program of investment in order to:
. renew and enhance the quality of Canada's
and ontario's infrastructure which is '
instrumental in the provision of public
services, notably in local communities; and,
. provide for timely and effective employment
creation.
3.0 MANAGEMENT AND COORDXNATXON
Establishment and Internal rules
3.1 A Management committee shall be established to
administer and manage this Agreement. It 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-officio member of the Management Committee.
The Management committee shall continue to exist
and operate for as long as necessary to meet the
requirements of the Agreement.
3.2 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-cha~r. The federal and provincial
members not appointed as co-Chairs shall act, in
absence of their co-Chair, as the substitute.
3.3 The Management committee shall meet on a timely
basis at such places and on such dates as may be
agreed by the co-chairs. A quorum for all
meetings of the Management Committee shall be made
of the Canada co-chair or substitute member and
tpe provincial CO-Chair or substitute member;
3.4 Decisions of the Management Committee can only be
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acted upon if agreed by the Co-chairs or their
respective substit~tes du1y acting for them.
proiect Review and selection
3.5 The Management Committee shall:
(a) assess all nominated projects, make an
approval determination but ensure that no
nominated project is approved after March 3~,
~996.
(b) develop, where appropriate and in a timely
mann~r, guidelines for the eligibility,
assessment and approval o~ nominated projects
having due reqardto the following criteria:
.
. incrementality and/or acceleration of
investment;
. ahort and ~ong-term job 'creation;
. enhancing Canada's and Ontario's
economic competitiveness;
. use of innovative technologies;
. bringing ~nfrastructure up to community
standards. codes .and by laws;
. enhancinq long-term skills in the
workforce;
. enhancing environmental quality and
sustainabilitYi
. use of sOll1ndinnovative financing
techniques which may include private
capital; and
. distribution of program benefits within
Ontario.
(c)
ensure that
any project is
. consistent with provincial capital
planning practices, guidelines and any
overall infrastructure development
plan(s) a~rect~ng the particular region
or area or the Province; and,
. structured as to ensure that any
ongoing additional operating costs are
borne bytbe project proponent and that
satisfactory financial arrangements are
in place or have been approved by the
Province.
(d) ensure that al~contracts awarded for the
implementation of a project incorporate the
relevant provisions of , this Agreement.
3.6
~t is understood and agreed by Canada and the
Prov~ ''\ce tha'ethe project approval process
shall be in~ti.ted by the Provincial Co-chair
who shall nominate projects. The Province
shall promptly inform the federal Co-Chair of
all project proposals or requests as they are
received from potential Contributors.
(b) It is understood and agreed by the Parties
that the Province will consu1t with loca1
governments and others, with the purpose of
advising the Province on project
identification and management of this
Infrastructure Program.
( a)
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Administration
3.7 The Management committee ~hall be responsible for
the administration and management of this
Agreement, and without limiting the generality of,
the foregoing, shall:
(a)
(b)
(e)
(d)
(e)
ensure that the expected completion date o~ a
project shall not be later than March 31,
1997;
ensure the implementation of the management
information and evaluation provisions of this
Agreement and ensure a free flow of
information beiween the Parties;
t
adopt such standards, procedures, forms (eg.
project Authorization form), reports and
guidelines cons~Btent with this Agreement as
it deems expedient and appropriate to achieve
its purpose;
establish SUb-Committees as may be required
from time to time to assist in the management
of this Agreement, delegate to them all
necessary authority to carry out their
mandate and establish all procedures with
respect to its own meetings and those of the
SUb-Committees, including rules for the
conduct of meetings and the making of
decisions where the members are not
physically present; and
carry out any other duties, powers and
functions specified elsewhere in this
Agreement or as may be assigned to the
Management Committee by the Ministers to,
accomplish the Purpose of the Agreement.
4.0 IMPLEMENTATION
4.1 Subject to the terms of this Agreement, the
province shall undertake or shall cause to be
undertaken the implementation of all projects.
4.2 The review, approval and implementation of any
projects shall be undertaken in mutual respect of
applicable federal and provincial environmental
~egislation.
5.0 CONTRACT PROCEDURES
5.1 All contracts to be entered into by the Province
or by any Contributor with a Third party for the
due implementation of a project shall be awarded
and administered in accordance with the
administrative, management and contract procedures
within the P~ovince.
5.2 All contracts entered into pursuant to section 5.1
shall incorporate the relevant provisions of this
Agreement and in particular, that
. any of the members of the Management
Committee shall be permitted, at all
- 6 -
. ,.
reasonable times, to inspect the terms of the
contract and any records and accounts
maintained thereunder;
. all applicable labour, environmental and
human rights legislation and standards shall
be respecteai
. the Third party shall indemnify and save
harmless the Parties to this Agreement and
their Ministers, officers and employees from
and against all claims, demands, losses,
damages, costs of any kind based upon any
injur~ or death of a person or damage to or
loss of property arising from any willful or
negligent act, omission or aelay on the part
of the Third party or its servantp or agents
in carrying out the contract;
5.3 The Province and, where applicable and at the
demand of the Province, the Contributors or any
Third party shall indemnify and save harmless
Canada, its Ministers, officers and employees from
and against all claims and demands arising out of
the implementation, operation, maintenance and
repair of such project except to the extent that
claims and demands relate to the act of negligence
or breach of duty of any officer, employee or
agent of canada.
5.4 Upon the completion of any project, the Province
or , where applicable, the contributor or any
Third party to whom is assigned the on-going
responsibility for such project shall take over
full responsibility for that project's operation,
maintenance and repair, except in cases where
other arrangements between Parties hereto
specifically apply.
6.0 FXNANCIAL PROVISXONS
6.~
(a)
Notwithstanding anything in this Agreement
but subject to the express condition that
there be an appropriation by the Parliament
of Canada for the funds necessary for the
Fiscal Year in which they are required, the
total contribution by Canada under this
Agreement shall not exceed $722.370 million.
- 7 -
'-
(b)
Except with the written agreement of the
Federal Minister,
(i) should the federal share of direct costs
referred to in subsections 7.1 (a). (b).
(c) and (d) that are incurred but not
necessari1Y paid for projects approved
account for less than $252.829 million
by March Jl, 1995, the maximum total
contribut~on by Canada under this
Agreement shall be reduced by the amount
corresponding to the shortfall; and
(li) ~o more than $108.356 millron of the
federal share of direct costs referred
to in subsections,?l (a), (b), (c) and
(d) may he incurred after Harch 31,
1996 which, in any case, shall be
incurred on or before March 31, 1997.
6.2 (a) The contributioriLby canada from all sources,
including this Agreement, with respect to any
one Project shall not exceed one-third (1/3)
of the total Eligible Costs approved for that
project, except as otherwise provided in
subsection 6.2 (b) of this Agreement.
(b) Canada may, at the request of the Province
but subject to the agreement of the federal
CO-Chair, fund more than one third (1/3) of
the Eligible costs of a specif~c Project
provided that Canada's share of Eligible
costs for all projects approved under this
Agreement, at any given time, by the
Management Committee does not exceed one
third (1/3).
(c) Eligible costs referred to in subsection 7.1
(d) shall be shared equally by the Parties.
7.0 PAYMENT PROCEOORES
7.1 For the purposes of this Agreement, "Eligible
costs" include all direct costs properly and
reasonably incurred and paid solely and
specifically in relation to this Agreement that
are:
(a) invoiced against a contract for goods and
services necessary for the implementation of
a 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; and
(c) the salaries and other employment benefits of
any employee or Canada, the Province or the
Contributor engaged solely and specifically
for the purpose ot implementing a Project
under this Agreement which costs have been
determined and approved by the Management
Committee;
, '.
- 8 -
~.
(d) any other administrative costs not otherwise
covered in (a),Cb) and (c) above, including
those referred to in sections 9.1 and ~O.l of
this Agreement~ which have been determined
and approved by the Management committee;
but shall not include costs which are for:
(e) services or works normally provided by either
party or contributor or any other agency of
either Party or contributor; and,
(f) the costs of any lands or any interest
therein.
7.2 subject to this Agreement, each Party and, where
applicable and at tb_ demand of the province, the
Contributors shall be responsible for contributing
to the Eligible Costs of projects implemented
under this Agreement.
7.3 payments by Canada shall be promptly made to the
Province on the basis of progress claims setting
out the costs actually incurred and paid for the
Project, submitted in a form and verified in a
manne~ satisfactory to Canada.
7.4 ~n order to assist with the interim financing of
any proje~t~ Canada may make interim payments to
the province of up to one hundred percent (100%)
of Canada's share of claims submitted, based on
estimates, certified by a senior officer of the
Province, of costs actuallY incurred.
7.5 The Province shall account for each interim
payment by submitting to Canada, within ninety
(90) days after such payment by Canada, a detailed
statement of the actual expenditures incurred and
paid, verified in a manner satisfactory to Canada.
Any discrepancy between the amounts paid by Canada
by way of interim payments and the amounts
actually paid by the Province shall be promptly
adjusted between the Parties.
7.6 Notwithstanding anything "'in section 7.4, the
Province shall not be entitled to any interim
payment in a subsequent fiscal year until all such
payments' received by the Province in a previous
~iscal year have b..n repaid or accounted for in a
manner satis~actory to Canada.
a
7.7 No claim sha11 be paid by the Parties unless it is
received on or before March 31 of the year
fo11owing the Fisca1 Year in which the E~igib1e
Cost is incurred a,nd, in all circumstances, no
later ~han March 31, 1998.
7.8 The Management committee shall not norma1ly
consider cost overruns on projects approved under
this Agreement un1ess, and only in exceptional
circumstances:
(a) the party implementing the project informs
the Management Committee immediately when it
became aware that a cost overrun was
probable; and,
- 9 -
..
(b)
the Management Committee approved, as being
justi~ied, the inclusion of the cost
overruns; and
(c) funds are available to cover said costs
overruns.
8.0 AUD%T AND ZNSPECTION
8.1 ,Canada and the Province shall ensure that proper
and accurate accounts and records are maintained
with respect to each Project undertaken pursuant
to this Agreement and shall, upon reasonable
notice, make such accounts and records available
tor inspectlon.
8.2 Accounts shall be maintained for a period of three
years beyond March 31, 1996.
8.3 Each of the Parties may inspect tne amounts of all
claims in respect of any project implemented under
this Agreement and the accounts and records
related thereto. Any discrepancy between the
amounts paid by any of the Parties and the amount
payable under this Agreement shall be promptly
adjusted between the Parties.
8.4 Each ot the Parties hereto will provide to any
member ot the Management committee on request all
information that would indicate that a PrOject
hereunder has been undertaken or completed and the
costs incurred with respect thereto.
9.0 PROGRAM EVALUATION
~.1 The Management Committee shall approve a plan and
budget for the evaluation of the Program of
~nfrastructure within six months of the signing of
the Agreement. costs associated with the
evaluation shall be shared equally by th~ Parties.
9.2 The evaluation plan shall identify:
responsibilities for 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
undertaken.
9.4 The Management committee shall submit to the
Ministers an evaluation report no later than
twelve months after March 31, 1996.
9.5 Each Party w~ll provide the other with all
relevant informat~on as may reasonably be required
for such evaluation.
- J.O ...
10.0 PUBL~C ~NFORHATXON
".
J.O.J. Canada and the Province hereby agree to undertake,
and where appropriate, in cooperation with any
contributor, the development and de1ivery o~ a
PUb1ic in~ormation P1an ror the term of this
Agreement which will enhance opportunities
forappropriate, ~ontinuous and consistent
recognition for federal-provincial co-operation
activities under this Agreement. The mechanisms
thereof shall be determined by the Management
Committee. Costs associated with the development
and delivery of the Plan shall be shared equally
by the Parties.
J.0.2 No public announcement of an activity under this
Agreement shall be made by a Contributor without
the prior consent of the Management Committee.
J.0.3 Public announcements and officia1 ceremonies
concerning measures covered and projects approved
under this Agreement shall be made and organized
joint1y by the Parties and they each shall have an
equal opportunity to participate. Costs
associated with any public announcement and
official ceremony by the Parties and/or
Contributors shall be Eligible Costs.
J.0.4 All public information material jointly approved
by the Parties in relation to this Agreement
shall be in both English and French and indicate
that the project is being implemented pursuant to
this Agreement and shall fairly reflect the
contribution of the Parties and the Contributors.
10.5 All public information material related to calls
and tenders for projects produced for or by Third
parties, inclUding project 5ignage, receiVing
funding under this ~qreement sha~l c~early and
prominently indicate that such runding was
provided under the terms of this Agreement and it
shall be a condition o~ such ~unding that the
recipient con~orm tothi.s clause.
10.6 (a)
Canada and Ontario may provide, insta1l at
the appropriate location, and maintain
throughout the duration of each project, one
or more si9ns indicatin9 that the Project is
an In~rastructure Project undertaken under
the auspices of this Aqreement or bearing any
other such message approved by the Management
committee; and,
(b) Canada and ontario may provide and install,
upon completion of any Project, where
feasible, a plaque,or permanent sign bearing
an appropriate inscription.
- ~~ -
~.
1.1. . 0 GENERAL
~~.~ This Agreement may be amended from time to time on
written agreement of the Federal Ministers and
Provincial Minister,s. It is expressly agreed and,"
understood, however, that any amendment to .
Section 2.0 dealing with PURPOSE, to the part of
Subsection 3.5(a) dealing w~th the last approval
date, to Subsections 6.1 (a) and 6.2 (a) dealing
with the financial participation o~ Canada must be
approved by the Governor in Councilor must obtain
any other approval that may be otherwise
statutorily required.
11.2 No member of the House or Commons or Canada or of
the Senate o~ Canada or o~ the Legislative
Assembly of ontario shall be admitted ,to any share
or part of any contract, agreement or commission
made pursuant to this Agreement or to any bene~it
arising therefrom.
11.3 Nothing in this Agreement is to be construed as
authorizing 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.
11.4 All 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 time determine.
11.5 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 otlaw 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.
(b) Any dispute arising from contracts entered
into pursuant to Section 5.1 or this
Agreement shall be submitted to and
determined by the court having jurisdiction
and governing said contracts.
- 12 -
~
IN WITNESS WHEREOF this Agreement has been executed on
beha~f of canada by the Minister of Infrastructure and
the Minister of Industry, Science and Technology and on
beha~f of the Province of ontario Py the Minister of
Economic Development and Trade and the Minister of
Municipal Affairs.
In the presence of
GOVERNMENT OF CANADA
J
Witness
President of Treasury
Board in his capacity as
Minister responsib~e for
Infrastructure
witn~ss
Minister of Industry,
Science and Techno~ogy
GOVERNMENT OF PROVINCE OF
ONTARIO
Witness
Minister of Economic
Deve~opment and Trade
Witness
Minister of Municipal
Affairs
. , I
- 16 -
SCBBDULB "C"
1. MUNICIPALITY: Corporation of the MUNICIPALITY OF CLARINGTON
2. PROJECT NAME: Fire Hall Renovations
3. PROJECT NUMBER: M1040206
4. PROJECT DESCRIPTION: Redesign/renovation of an existing fire
hall for the purpose of creating a
recreational/leisure facility which could
accommodate a seniors centre
5. LocM'ION OF PROJECT: 132 Church street, Bowmanville, L1C 1T5
6. ELIGIBLE PROJECT COSTS:
$350,000
As approved-and set out in the attaohed projeot
Expenditure Sohedule.
7. PROJECT START DATE: July 2, 1994
8. PROJECT COMPLETION DATE:
March 31, 1995
,""
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LoaJ r &11= Ir &11cruUc Ioc.l
I'rojoct Nun< fH= du projcl
Corporation of the Municipality of Clarington
Fire Hall Renovations
I
I'
1994/95
1995/96
1998/97
Apr-Jun/ July-Septj Oct-Dee/ Jan-Mar j Apr-Jun/ July-Septj Oct-Dee/ Jan-Mar / Apr-Jun/ July-Sept/ Oct-Dee/ Jan-Mar /
Avr-Juln JuU-Sept Oct-D(k Jan-Marn Avr-Juln Juij-Sept Oct-Dee Jan-Mars Avr.Juln JuU-Sept Oct-Dee Jan-Mars
2.1 Invoiced Costs - Major Contract/ CoCrts factures - Cant rat Important
310,000
2.2 Other relevant contract costs/ Autres coCrts pertlnents du contrat
31,200
22,800
2.3 Salaries & Employee Benefits! Salalres et avantages sodaux des employes
2.4 Equipment/Materiel
2.5 Other Costs (specify) / Autres coCrts (preclser)
2.6 Total Estimated Project Gross Cost/CoCtt brut total estlmatlf du prolet
2.7 LessGST Rebates/MaIns remboursements de Ia TPS
31,200.
32,800
1,200
12,800
2.8 Total Esti'mated Project Net Cost/CoCtt net total estlmatlf du prolet 30,000 320,000
2.9 Canada Ontario Infrastructure Works Capital (Federal and ProvlnclaJ Shares)/
Recettes en capital - Programme sur les travaux d'Infrastructure Canada-Ontarlo (Parts fMerale et provlnclale)
$233,333.00
2.10 Local Partner's Own Resources/Fonds propres du partenalre local
2.11 Private Sector ContributIons (Attach Business Case)jContributlons du s!3cteur prlve (Priers de jolndre un rapport d'affaires)
$116,667.00
. .
) !
SCHEDULE B
..
., ;
THE CORPORATION OF THE:MUNICIPALITY OF CLARINGTON
BY-LAW 94- 49
Being a By-law to authorize the execution of
an Agreement between the Corporation of The
Municipality of Clarington and The Ministry of
Municipal Affairs (the Province).
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on
behalf of The Corporation of The Municipality of Clarington
and seal with the Corporation's seal, an agreement between '1'he
Ministry of Municipal Affairs (the Province) and the
Municipality.
2. THAT the agreement attached hereto as Schedule "A" forms part
of this By-law.
BY-LAW read a first and second time this 28th day of March, 1994.
BY-LAW read for a second time and finally passed this 28th of
March, 1994.
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i~ CLERK .
- 14 -
SCHEDULE "e"
1. MUNICIPALITY: corporation of the MUNICIPALITY OF CLARINGTON
2. PROJECT NAME: Church street Reconstruction
3. PROJECT NUMBER: M1040201
4. PROJECT DESCRIPTION:
Reconstruction of Church street to full
urban standard from Liberty street to
Temperance street including new storm
sewers and sidewalks
5 . LocJ\TION OF PROJECT:
street to Temperance
Church street, Bowmanvil1e, from Liberty
street, L1C 182
6. ELIGIBLE PROJECT COSTS:
$800,000
As approved and set out in the attaohed projeot
Expenditure Sohedule.
7. PROJECT START DATE: March 1, 1994
8. PROJECT COMPLETION DATE:
December 31, 1994
4It
.
.
,-.
.:
Loa! fartr= / f artcrWn: IoaJ
I'rojca NamocfN= d~ prejd
Corporation, of the Municipality of Clarington
Church Street Reconstruction
2.1 Invoiced Costs - Major Contract/ CoOts factures - Contrat Important
2.2 Other relevant contract costs/ Autres coOts pertlnents du contrat
2.3 Salaries & Employee Benefits/ Salalres et avantages soclaux des employes
! 1994/95 !
I I I
Apr-Jun/ July-Sept/ Oct-Dee/ Jan-Mar /
Avr-Juln JuU-Sept Oct-Dee Jan-Mars
-- 550,507 137,399
30,104 51,478 15,458
-- 25,940 6,465
-- 10,376 2,586
-- -- --
1995/96
1996/97
Apr-Jun/ July-Sept/ Oct-Dee/ Jan-Mar/ Apr-Junj July-Sept/ Oct-Dee/ Jan-Marj
Avr-Juln JuU-Sept Oct-Dec Jan-Mars Avr-Juln JuU-Sept Oct-Dee Jan-Mars
2.4 EquIpment/Materlel
2.5 Other Costs (specify)/Autres coOts (preclser)
161/108
2.6 Total Estimated Project Gross Cost/CoOt brut total estlmatlfduprojet 30 104,638,301161.910
2.7 Less GST Rebates/Molns remboursements de la TPS 1, 10~ 23,317 5,909
2.',00\ 1..1",'B&f 1S'"5';QQQ If _., rr- \
2.8 Total Estimated Project Net Cost/CoOt net total astlmatlf du prolet 29,060 615,000 156, 000 1\('D~d::.a on- J
- BM;-';g _. _r~I;:ll~il1{~~l1lIl[~!fl\I\'
2.9 Canada Ontario Infrastructure Works Capital (Federal and Provincial Shares)j $ 533,334.
Recettes en capital - Programme sur les travaux d'lnfrastructure Canada-Gntario (Parts focierala at provinclale)
2.10 Local Partner's Own Resources/Fonds propres du partenalre local
2.11 Private Sector Contributions (Attach Business Case)/Contributlons du secteur pnve (Priere de jolOOra un rapport d'affaires)
$ 266,666,
III I-\L,.~'l\.I. '..',
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- 15 -
SCHEDULB "C"
1. MUNICIPALITY: Corporation of the MUNICIPALITY OF CLARINGTON
2. PROJECT NAME: Courtice Community Complex
3. PROJECT NUMBER: M1040205
4. PROJECT DESCRIPTION: The Court ice Community Complex will fulfil
a recognized need for recreational and
leisure facilities to service the Courtice
urban area
5. LocaTION OF PROJECT: 1691 Nash Road, Court ice , LIE 2L8
6. ELIGIBLE PROJECT COSTS:
$700,000
As approve~ and set out in the attached project
Expenditure Schedule.
7. PROJECT START DATE: April 1,1994
8. PROJECT COMPLETION DATE:
June 30, 1995
~
...
Local Fartl>CIIFUWu.irc IoaJ
froj<a Nurw:fNom du projct
Corporation. of the Municipality of Clarington
Courtice Community Complex
H:194/95
1995/96
1996/97
Apr-Jun/ July-Sept/ Oct-Dee/ Jan-Mar/ Apr-Junj July-Sept/ Oct-Dee/ Jan-Marj Apr-Jun/ July-Sept/ Oct-Deej Jan-Mar/
Avr-Juln JuU-Sept Oct-Dac Jan-Mars Avr-Juln JuU-Sept Oct-Dee Jan-Mars Avr-Juln JuU-Sept Oct-Dee Jan-Mars
2.1 Invoiced Costs - Major Contract/ CoOts factures - Cant rat Important
2.2 Other relevant contract costs/ Autres coOts pertlnents du contrat
2.3 Salaries & Employee Beneflts/ Salalres et avantages sodaux des employas
48,000 48,000 96,000 456,000
26,000 4,000 4,000 8,000 38,000
2.4 Equipment/Materiel
2.5 Other Costs (specify) / Autres coOts (pnklser)
2.6 Total Estimated Project Gross Cost/CoOt brut total estlmatlf du proJet
2.7 Less GST Rebates/Mains remboursements de Ia TPS
26,000 52,000 52,000 104,000 494,000
1,000 2,000 2,000
4,000 19,000
2.8 Total Estlmated Project Net Cost/CoOt net total estlmatlf du proJet 25,000 50 ,000 50,000 100,000 475,000
2.9 Canada Ontario Infrastructure Works Capital (Federal and Provlnelal Shares)/
Recettes en capital - Programme sur les travaux d'lnfrastructure Canada-Ontario (Parts federala at provlnclale)
$466,667.00
2.10 Local Partner's Own Resources/Fonds propres du partenalre local
2.11 Private Sector Contributions (Attach BusIness Case) /Contrlbutlons du secteur prtve (Prlere de JolOOre un rapport d'affaires)
$233,333.00
:!I~llfllillill.l'-~I.~~~'[[":~II::"~j~;~::::'~~I:::~1!':::!::,I'!'II\'~'~~::,:':,I,,[::\i::j['j':':[:~"::1~":'I:;'I'~i[I:lll:;~I:I:
~
.11
9L(-~11
".
lIl~UCTIaIl~~ PROVINCIAL-MUNICIPAL INFRASTRUCTURE AMENDING AGREEMENT
SEP 1 11995 THIS AMENDING AGREEMENT made this 14 th day of September,
MUNICIPALITY OF CLARINGI~4.
fiNANCE
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
MUNICIPALITY OF CLARINGTON
referred to below as the "Municipality",
WHEREAS on June 22, 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 94-49
dated March 28
, 1994 and appended hereto as Schedule "A"
authorized the Mayor, Reeve, Warden or ~hair 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 IICII of the Agreement is amended by adding to it
the following Projects which will form part of Schedule IICII
of the Agreement:
1. M1040202
2. The terms and conditions of the Agreement continue to
apply, except to the extent which Schedule IICII is amended by
this Amending Agreement.
JI-
,
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.
NT OF THE PROVINCE OF ONTARIO
GOVE
/"
~
~j /~J jtJC;(
/Date I .
THE CORPORATION OF THE
Witness
September 26, 1995
Date
Witness
September 26, 1995
Date
Minister of
and Housing
MUNICIPALITY OF CLARINGTON
i<~/
ayor/Reeve Warden/Chair
..l-:.r
. .
.
- 4 -
SCHEDULE .. C II
1. MUNICIPALITY: Corporation of the Municipality of Clarington
2. PROJECT NAME: King Street East Storm Sewer
3. PROJECT NUMBER: M1040202
4. PROJECT DESCRIPTION: Upgrading of existing storm sewer capacity.
5. LOCATION OF PROJECT: King Street East, Bowmanville, Frank Street
to Ontario Street
6. ELIGIBLE PROJECT COSTS: $ 6 0 0 , 740
As approved and set out in the attached Project
Expenditure Schedule.
7. PROJECT START DATE: March 1, 1994
8. PROJECT COMPLETION DATE: November 30, 1994
t "I
..
.
,
.
..
SCHEDULE "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 94-1.9
Being a By-law to authorize the execution of
an Agreement between the Corporation of The
Municipality of Clarington and The Ministry of
Municipal Affairs (the Province).
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on
behalf of The Corporation of The Municipality of Clarington
and seal with the Corporation's seal, an agreement between '1'he
Ministry of Municipal Affairs (the Province) and the
Municipality.
2. THAT the agreement attached hereto as Schedule "A" forms part
of this By-law.
BY-LAW read a first and second time this 28th day of March, 1994.
BY-LAW read for a second time and finally passed this 20th of
March, 1994.
$.<f#)~U
'~' , YOR
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CLERK
, 3Z21 06/9111
Ministry of
Municipal Affairs
and Housing
Mlnlstere des
Affalres munlclpales
et du logement
@ Ontario
Canada-Ontario Infrastructure "orks
111 Bay St:. ~3th floor
Toronto, ON Jl5G 285
Tel (4~6) 585-4040
Fax (4~6J 585-1639
May 21, 1996
Diane Hamre
Mayor
Municipality of Clarington
40 Temperance St
Bowmanville, Ontario LIC 3A6
Dear Diane Hamre:
This is to inform you that the Management Committee has approved the requested
amendment(s) for your Canada/Ontario Infrastructure Works (COIW) project(s) as
summarized on the enclosed schedules.
These new schedules must be attached to your copy of the signed legal agreement
for this project. These new schedules will form part of the legal agreement and 1\
shall supersede the original schedules, however in all other respects the legal ~ fYl'
agreement remains unchanged. ') a.5
V I e(L~
The new schedules have been appended to, and now form part of the provincial tu~
copy of the legal agreement on file at the Ministry of Municipal Affairs. f{3
If you have any questions, please contact the COIW office at (416) 585-4040.
---_.,-~--
Daniel Burns
Co-Chair - Ontario
Canada! Ontario
Infrastructure Works
Management Committee
DIS1'~TION
CLERK -..L1l:L.____
ACK. BY.....,..______
ORIGiNAL TO:.. ____.___
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COPIES TO~
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W.W. Cram
Co-Chair - Canada
Canada/ Ontario
Infrastructure Works
Management Committee
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SCHEDULE " C I I
1. MUNICIPALITY:
MUNICIPALITY OF
CLARINGTON
2. PROJECT NAME:
UPGRADE KING STREET EAST STORM SEWER
3. PROJECT NUMBER:
001040202
4. LOCATION OF PROJECT:
KING ST EAST, FRANK TO ONTARIO STREETS
5. ELIGIBLE PROJECT COSTS:
$600,740.00
As approved and set out in the attached
Project Expenditure Schedule.
6. PROJECT START DATE:
1994/03/01
7. PROJECT COMPLETION DATE:
1996/11/30
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.i~\1:1;t:?"':;'f-;\!i)c,,,r~'J.'::"1r~~1$:r{~~5~;'~;~~$I...'tt~""':,7j:.0~.i"'~~'hi~~~~~2:1i~1.plfh~bTh,.. ,~p-~~';l{~'~1i\~TSaUE[rU.' +')l::1;Wr!^~.'~<~'N',' ~EX--' '"-Ef~~ii{.<.YiYlJ}~.~j,~<&~1-!11~i0i.Y 1!!t<l~~t.~~'~W'~'~.';W:;.A~' ~'.t~.~&o;: t. ' "'f~~1~~k^' '~?'(.n; "f:;'.'.~'k. 'Cl.:~;",".~\"'.~'{~~.t I
.,~~;,~tf:lft;.,~ ~~"ri~" ~.tJ;~'~~~.,~ ''''~);E~,~~~.{;;~H~i'Y1'",,~~~j'lblX; ~~~~'~'"1J~(', JI, " , /':.~.no. ' . '<'~0"'~~~"" %~M..'I~t~">Z:;''l~~b'''~~~~'EJ1 ~.~ ~'ii<i~J;;,'{'!"~~>.0~~1.-;:'~~$'~"'~~15I;f',<t<"",f,0,,,.f.,,ill
,.)'.}" ""~1"iX:"l~;;C~~~,,'/,~i''/'' ',', ~>;'ifZ~~" ~..n 'HE "T. EN' ,u'a R 'A'S' ENSES;oR" S~~D ,~'DR ; 'it , <,."M'" "~'< .~ ~",. "'V:f~' c<:.!,,;~(>~, xl:,':?"~H>"'~
:_ J"" ..t~....., ','" J ,r. ;:.. ':> ~~ .~. {'"'; U i~ . I " ' , JZ, . '/ ~ rn '"' ' , ~ :';-, -,.., ' ....', . ::2!<', ',-: ~ ~- '}"'~~~~"
".:\;<'$~~'~"'''' . AC'~Vr~"'; ~. . <;';~2" '" ,~@,~. 9 "~t". ", ''Y'~,Ql,.~r~><" .~9v.", ~.,y"lfft9"",P~ojl<1A7 ....~.~~. ,~,~~~.,~"""Q~.,1f...t.~< '( ~ ~~~~l"" .' 'f.JJJ2~~>. ~ ,~~-,~~j41
,.'e'~~..Y~~"-. 'S \2Q, ~ au "g, '.~ ~~ lue 0 ale Q ,,,0 ..' c . I~I' ~ "I;.~~~,~ uall (J e. . o~mlr a a.<u u6 ~~ . . ~~00'I,K',,~,
",M' ,'" "J. . ~911~ul' ,,'~ llir"AltL,11~,.,J!~", ,UJll'e;HU"",~UJ~tJt:r.~%{~t;!J>J~~1.J~riJl,,,,,1~"Jt,8&,ll\lIlf,,,mPJ,~.Ja ,.It.jiJj}m1!,JJ,~S1J1~,m",'
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Revised January 18, 1996
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Mun1c~pality of Clarlngton
King Street Storm Sewer Reconstruction
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1994/95
1995/96
199B/97
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,t Irlvolced Cosls . Malor Contractl CoClts taclur~s - Contrat Imp<'lrtanl
2 OUlar relevant contract costs! Auttes coOts pac1!nenlS du contrat
.3 Saladas &. Emp:oyee Benefits! Salalras at al/antages sodaux des employes
.4 Equlprnent/Mar~r1el
.5 OHler Costs (spacity)/Autres coOls (preclser)
,5 TotaJ Estimated Protect Gross Cost!C<:101 brut totaJ asllmatlt du pr<llet
9,500 12,000 11,000 4,500 3~300
218,500 328,000 139,000
5,000 10,000 21,800 32,800 13,951
11,000 16,400 6,950
Jan-Marl
Jan-Mars
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C'
C'
Apr"tJnl July-Septj Oct.fJec/ Jan-Marl ~.JlJnl Ju!y-Septj Oct-Doo/ Jan-Marj A{x-Junj Juy.sap!/ Oct.fJa-c!
Avr,",utn Ju"J-Sept Oct-D~c Jan.Mars Avr,",uln JuK-Sept Oct-D6c Jan-Mars Avr.Juln JuU.Sapt Oct-D&:
4,400 6,500 2,780
9,500 12,000 11,000 4,500 3,300
5,000 10,OCO 255,700 383,700 162,681
.7 Less Gsr Rebales/Malns remlXlursementsd9 Ia rps 354 447 410 168 123 L86 373 9,535 14,308 6,061
/ /
,. , / /
.6 rotalEsHma(edProlectNetCost/~01natrolaJastImaUfdupro16t 9,146 11,553 10,590 4,332 3,177 4,8]4 9,627 246,165 369,392156,620
t::~~~.'. ,,' < _~.~~~Y;;~~J:j~~~..~01:~tmt?t)m~;'~~ ~f\'~~~~f~~.{f {;::~<i.. .~~~.~.'~.::~"tii~~'\~~~~.~f~ ~~~"~~~r~r~m-~~~'r~1$'t~~~~
~~1WD~~~4~~~~n\~F&.'I~~~t~~...u2".-~J)JllEJJl[&m"J:~~,,",kf}!M~~m~~~;jtPJ:JJ'~~~,~.glfl(~m.iP~l~~tJ~,i:~~+-~f$.(~~~,~~~~)~ ~~~~t.~I)"JR,~~~lkt~..r;",,,,,,~m~"I<"'9c"~~
:.9 Canada On1a11c fnfrastructura Wor1<s Capltat (Federal and Ptovtnc1a1 Shares)j
Recettes en capital - Programme sur las traWlDC d'lnrrastructure Canacta-0otarto (Parts f6d6raJe et proWtclaJe)
:..10 tDcal Partner's Own Resources/Fonds propres du partenaIro local
:.: 1 Private $oocr Contrlbutlons (Attlch BusIness Case)!ContrtbutJon.s du seGtaur pnv6 (Pl1olo de 10100(0 un rapport d'affaIres)
$400,494.00
424,922.00
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$825,41&,00
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-' ,_~, ,..,...... ,;._-,,~.: "._ ~)V ....;"f-, ... _< "'I. ~;J.(' _-1;'f', ~ ~ '.. ~"}.' ..l-~" ,",' "':~. ,J ,..~-_~ ,-~4..,. ,.,,'..,:,,:>0 ~..~':"i::;':'{r-4f'....'.....~~1 ~'J t __~.:> "".'-..,..'lo,)r...r-h'..,..l.,....,.. '.,}'..._.. ~ ,. A' . .___.... ".~;,'~' . .. ..,', "....,v ""~' '_~" :....,.,,_^ 'd"-' T..~~, .~..,r). ...../,.'). ..~' ,. Ii. ,,-'-,rx' 4J' ... ,- .....\ -...... . ..., .1, .",.-... ,"<<.'-"_,--A .._,.,,^- u- ,. .- .-.c..... ' -... '--. .t
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SCHEDULE " C' ,
1. MUNICIPALITY:
MUNICIPALITY OF
CLARINGTON
2. PROJECT NAME:
UPGRADE KING STREET EAST STORM SEWER
3. PROJECT NUMBER:
001040202
4. LOCATION OF PROJECT:
KING ST EAST, FRANK TO ONTARIO STREETS
5. ELIGIBLE PROJECT COSTS:
$825,740.00
As approved and set out in the attached
Project Expenditure Schedule.
6. PROJECT START DATE:
1994/03/01
7. PROJECT COMPLETION DATE:
1996/11/30
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~vl"ea January 18 I 1996
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Mun1c~pality of Clarington
King Street Storm Sewer Reconstruction
1994/95
19t1S/9B
1996/97
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Apr'-'un/ July-Septj Oct..occ/ Jan-Marl Apr~unl Jmy-Saptj Oct-Oooj Jan-Mar/ Apr.Junj Juy-Sepl/ Oct.ooo/ Jan.Marl
Avr~utn Ju:l-Sept Oct-D6c Jan.Mara AVl~uln Juti-Sept Oct-OAc' Jan-Mars AvrJuln JuU.Sapl Oct-06c Jan.Mars
9,500 12,000 11,000 4,500 3,300
139,000
32,800 13,951
11,000 16,400 6,950
1 lrwolced Cosls . Malor Contractj CoOts faClU(~S . Contrat Important
2 Other relevant contract costsl Autras coOts psr11nanlS du contrat
.3 Salarfes & Em~oyee Beneths/ Salalrss at avantages soclaux des em~oYth
A Equlpmant/MatMlel
.:.: Other Costs (specity)jAutres coOts (pr6clser)
.6 Total Estimated Prolact Gross Cos1/C<lOt brut totaJ esllmat1f du pmlat
.7 Less GST Rebates/MaIns reml><lursemen\s da Ia TPS
4,400 6,500 2,780
9,500 12,000
5,000 10,000 255,700 383,700 162,681
354
L86
373 9,535 14,308 6,061
/
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9,627 246,165 369,391 156,620
/ . - x. . ~ ~m-ff~l-~~ri
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$400,494.00
:.10 local Partner's Own Resources/Fonds propres du partenaIre
424,922.00
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:.11. Private Sedor Contrlbu1Jons {Attach Busfness Cas
ntrtbutJons du sectaur prlv~ (Pl1lHo de 10lOOro un rapport d'af1alros)
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$825,416.00
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MUNICIPALITY OF CLARINGTON
Pro;o<I N...../Noao du pcojd
KING S'l'REET M (04- ())c 2-
1e94/eS 1e9S/lW5 19lW5/97
Apr-Jun/ JUy-Sept/ Od-Oec/ Jan.Mar / Apr-Jun/ JUy-Sept/ Od-Dec/ Jan.Mar/ Apr.Jun/ JUy-Sept/ Oct-Oec/ Jan.Mar /
Avr-Juln JuJl..Sept Od-DOO Jan.Mars Avr-Juln JuI-Sept Oct-DOO Jan..Mars Avr-JuIn JuJl-Sept Oct-Dec Jan.Mars
293SC10 40300 13900
9500 12000 11000 4500 3300 5000 10000 3280 1395
1640
650
9500' 12000 11000 4500 3300 5000 10000 162681 ,/
354 447 410 168 123 186 373 1430 6061
loaJ htU>u "....- local
. .. . SCHEDUUE21ANNEXE'2 "':" ',.' ,;..>' ">";,,':~,,,>,';;,,,',':":'''.,;. ;."<:,,,' ", ;..:'" ..' ',"':, "
,; .... .'. BROJECl1 EXeENDfIORE EoaEcAST~DeBJ:t.ISEs BflEVtn;S!)J,J J?ij!')~n;if~~i:);$~:,>,,;,t;,;a:it~~~ .
. {SectiQn 2~1 tHrc;>>ugt1 ~:1 '1 ~ Guide to the 'ApRliclltloQ . Fprm)z.(Att'c.le: 2;.1.'.8 ~p'1;J: - .G..d~Q.:Q.QlJ.r:r~p1Jln~':-'@\'!9:rtn.u"~.Ir~{a~:'.;i,ie.llUJngE,Jl~J:.'"3::;~;~:':". . .
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2.1 Invoiced Costs - Major Contract! CoOts factures - Contrat Important
2.2 Other relevant contract costs/ Autres coOts pertlnents du contrat
2.3 Salaries & Employee Beneflts/ Salalres at avantages soclaux: des employes
2.4 EqulpmentfMaterJeI
2.5 Other Costs (specify)/Autres coOts (pr&clser)
2.6 Total Estimated Project Gross Cost/CoOt bnJt total estJmaUf du proJat
2.7 Less GST Rebates/Molns remboursements de Ia TPS
2.8 Total Estimated Project Net Cost/CoOt I)6l total es1ImatJf du projet 9146
......... . ..::.:~::Bmll'!lt"Bllfllll.i:
2.9 Canada Ontario Infrastructure Works CapItal (Federal and Pr0vlnclai Shares)/
Recettes en capital - Programme sur les travaux: d'lnfrastructure Canada-OntarIo (parts Md6raJe at provIncJaJe)
2.10 Local Partner's Own Resources/Fonds propres du partenalre local
2.11 Private Sector Contributions (Attach Business Case)/Contrlbutlons du secteur pnv6 (prtere de JoIndre 00 rapport d'affaires)
( 550 , 277) S"S-O I I.f 13
J 425,1391 f./ LV, 92 J.
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tr~~~:f:{~\{}t~;~frft~Jrr:;:::::::::::::::}:::::::/:::;:;.;.:.;-;-:.;-;.;
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ONTARIO
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March 26, 1996
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Canada/Ontario Infrastructure Works
77l Bay Street
13th Floor
,
Toronto, Ontario
M5G 2E5
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Dear Sir:
RE: CanadajOntario Infrastructure Program/Bowmanville Fire/Court Building
King Street East Storm Sewers
Our File: F11.PR
,...;
At a meeting held on March 25, 1996, the Council of the Municipality of Clarington
considered the above matter and passed the following resolution:
"THAT the recommendation approved in Report CS-10-95 revising the
Fire/Court Building Renovation cost be rescinded."
Subsequently, the following resolution was passed:
"THAT Report TR-20-96 be received;
THAT approval be granted to request the Canada/Ontario Infrastructure Work
Management Committee to revise the allocation for Canada/Ontario
Infrastructure Works funding for the Fire/Court building from $350,000 to
$125,000 and to defer the completion date of this project and reduce the
corresponding 1995 budget commitment of $75,000 from the Community
Services Lot Levy Reserve Fund;
THAT the application to the Canada/Ontario Infrastructure Works Management
Committee for Infrastructure funding for King Street Storm Sewers, Ontario
Street to Frank Street, be revised and resubmitted to request reallocation of
approximately $225,000 from the Fire/C~urt funds to the King Street Project;
CORPORATION OF THE MUNtCIPALlTY OF CLARINGTON
40 TEV."ERANCE STREET - 80WlAANVlllE -ONTARIO .llC 3.1.6. (9051623,3379. F....X 623.."
~
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.
- 2 -
THAT the Municipality's one third share of the additional Canada/Ontario
Infrastructure Works funding for the King Street Storm Sewer per the above
recommendation be financed from the Public Works Lot Levy Reserve Fund
(approximately $75,000);
I
THAT the Clerk be authorized to forward, FORTHWITH, a revised
Schedule 2 (project cost detail) for each project along with the appropriate
Council resolution to the Canada/Ontario Infrastructure Works Management
Committee;
THAT the project cost be amended to $975,000 to accommodate the
environmental potential hazard, and that the additonal funds required for
approximately $150,000 be drawn from the Public Works Lot Levy Reserve
Fund ($975,000 - amended project cost of approximately $825,000 per
Report WD-58-95); and
/
THAT any funds recovered through insurance liability relating to the
environmental potential hazard, be deposited to the Public Works Lot Levy
Reserve Fund."
Enclosed for your information is a copy of Report TR-20-96 together with a copy of a
letter from Nancy Taylor, Deputy Treasurer, regarding this matter with the revised
Schedule 2 attached thereto.
PLB/dh
cc: W. Stockwell, C.A.O.
M. Marano, Treasurer
J. Caruana, Director of Community Services
S. Vokes, Director of Public Works
F. Horvath, Property Manager
P. Ufniac, Design Technician, Region of,Qurham
B. Bourne, Totten Sims Hubicki Associates
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 94-56
being a by-law to confirm the proceedings of
the Council of the Municipality of Clarington at
this meeting held on the 28th day of March 1994
WHEREAS, in accordance with Section 9 of The Municipal Act, being
Chapter M.45 of the Revised Statutes of Ontario 1990, the powers of
a municipal corporation are to be exercised by its Council;
AND WHEREAS by subsection 1 of Section 101 of The Municipal Act,
being Chapter M.45 of the Revised Statutes of Ontario 1990, the
, powers of every Council are to be exercised by by-law;
NOW THEREFORE THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON ENACTS
AS FOLLOWS:
1. THAT the actions of the Council of the Municipality of
Clarington at this meeting held on the 28th day of March 1994
in respect of each recommendation contained in the reports of
the Committees and each motion and resolution passed and other
action taken by the Council of the Municipality of Clarington
at this meeting, is hereby adopted and confirmed as if all
such proceedings were expressly embodied in this by-law.
2. THAT the Mayor and proper officials of the Municipality of
Clarington are hereby authorized and directed to do all things
necessary to give effect to the actions of the Council of the
Municipality of Clarington referred to in the preceeding
section hereof.
3. THAT the Mayor and Clerk are authorized and directed to
execute all documents necessary in that behalf and to affix
thereto the seal of the Corporation of the Municipality of
Clarington.
PASSED IN OPEN COUNCIL THIS 28TH DAY OF MARCH 1994
,d4P~/
MAY R